HIDDEN TRUTHS
How does this happen?
A court case where a citizen is threatened with $312,000 dollars in fines, found guilty of over $50,000 dollars by the municipal judge to where the case may be Dismissed with Prejudice?
This is a true story of how Jim McClain, a 62 year old Pro Se litigant is bringing the City of Racine's Attorneys office to its knees senses.
Toppled blind lady of justice
City of Racine vs.
James McClain, Pro Se
2019CV001357
A short and interesting Racine County Circuit Court case may be coming to a close on Wednesday, Oct. 2nd. 2019
The Circuit Court case of City of Racine vs. James McClain, 2019CV001357 is scheduled for a status conference at 1:30 pm on Wednesday October 2nd in front of Judge Fredrickson, but information gleaned from several sources indicate the case may be dismissed with prejudice.
Judge Fredrickson
James McClain was first served with a summons and complaint for minor building code violations on a modest home he owned in the City of Racine. Being McClain was served a municipal summons, he was brought before the City of Racine Municipal court where the case ultimately went to trial. During the court proceedings, Mr. McClain was threatened with fines of up to $312,000 dollars by a city attorney for his building code violations.
(It is noteworthy that McClain's house was assessed by the city of Racine for $70,000 and the repairs to fix was a fraction of the value of the house.) During trial, City of Racine Municipal court Judge Weber ruled in favor of the city and fined McClain over $50,000 dollars in fines and penalties.
McClain then promptly filed an appeal into
the Racine County Circuit Court system.
As ill fate would have it, McClain was assigned to Judge Gasiorkiewicz. McClain being keenly aware of Gasiorkiewicz's rogue, bias and illegal courtroom behavior with the recent secret court proceedings of City of Racine vs. Sandy Weidner promptly flexed his right to have another judge hear the case.
McClain requested a change of judges. Gasiorkiewicz refused McClain's first request and so McClain filed a motion into the court with copies to numerous government officials and interested parties asserting his right for a change of judge.
Gasiorkiewicz eventually relented when confronted with McClain's right to judicial substitution and allowed McClain to go judge shopping.
Now that McClain was out of the dark shadows of judge Gasiorkiewicz and had a new judge, McClain promptly requested the court files from the City of Racine Municipal Court.
AGAIN as ill fate would have it, the Municipal court (Judge Weber) informed Mr. McClain that there had been a technical malfunction within the court and his court records and transcripts were unavailable.
Talk about disorder in the court!
(All the money that Rebecca Mason spent in the Racine Municipal to upgrade the court and they can't manage and maintain court files? WTF!)
Back to McCain's story.
Now that McClain was firmly entrenched in Racine County Circuit Court, he continued his Pro Se journey to justice.
Here is where the story gets even more interesting.
City Attorney Scott Letteney
City Attorney Scott Letteney decided to use outside counsel to prosecute McClain. The city hired some joker of an attorney to prosecute the city's case within the Circuit Court system against citizen McClain.
Yes - the city hired a special prosecutor for a building code violation case.
The city attorney's office did not properly vet or supervise this joke of an attorney. Letteney's assigned special prosecutor failed to perform numerous lawful duties of an attorney within this court case.
The ever diligent citizen McClain asked questions and researched law. McClain filed motions of reconsideration, substitution, default, strike plaintiffs pleading, affirmative defenses and counterclaims. McClain also filed certificates of service into court records all while acting PRO SE.
If you know anything about law, then you should realize that McClain as a Pro Se litigant outplayed an alleged licensed attorney.
During these short court proceedings, McClain has been an unwilling victim of both criminal acts and civil torts within the Racine County Circuit Court system. Do to the case being in litigation, we have not acquired all of the facts as of yet, but based on knowledge and belief there may have existed a conspiracy by various government and court officials
to thwart Mr. McClain's efforts in court.
The city's court case has been severely damaged due to the negligence of the city attorney's office failing to properly oversee their special prosecutor and further by alleged criminal acts conducted by government and court officials.
Despite all of the above, McClain Pro Se has continued in a course of action even in the face of difficulty with little or no prospect of success. McClain has truly endeavored to persevere.
Which brings us to Supreme Court Rules
Responsibilities of partners, managers, and supervisory lawyers. (a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.
(c) A lawyer shall be responsible for another lawyer's violation of the Rules of Professional Conduct if:
(1) the lawyer orders or, with knowledge of the specific conduct, ratifies the conduct involved; or
(2) the lawyer is a partner or has comparable managerial authority in the law firm in which the other lawyer practices, or has direct supervisory authority over the other lawyer, and knows of the conduct at a time when its consequences can be avoided or mitigated but fails to take reasonable remedial action.
Moral of this story is:
Don't play chess with McClain
Zugzwang!
