MOTION FILED TO DISQUALIFY ILLINOIS CIRCUIT COURT JUDGE GERALD BENDER ON THE GROUNDS OF BEING BIAS, PREJUDICE AND DEPRIVING A PARTY OF HIS DUE PROCESS AND RIGHT TO APPEAL
CHICAGO-(AEAE)- ON FRIDAY , MAY 21, 2010, IN A HEARING BEFORE ILLINOIS POST DIVORCE JUDGE GERALD BENDER, JUDGE BENDER IS ALLEDGED TO HAVE VIOLATED THE CONSTITUTIONAL RIGHTS OF A PARTY who was merely requesting leave to file certain appeals, which had already been briefed before the Illinois Appellate Court. In an unconstitutional unenforceable provision of a coerced marital settlement dated July 15, 2009, paragraph 17.2 provided that a party must seek leave of court to file any post decree lawsuits. The Appellate Court interpreted that provision to mean that the party must seek leave of court before filing even an appeal, although that language was not contained in the coerced July 15, 2010 martial settlement agreement. On Friday, Illinois Judge Gerald Bender denied the party the right to file its appeals with the Illinois Appellate court in clear violation of both the Illinois and U.S. Constitution. From the beginning of time, the right to appeal an adverse legal decision is a constitutional right. This appeals system provides a check on the power of a judge or jury. Judges who interrupt the law erroneously will have their decisions overturned by a court with authority to do so. Purposeful and willful denial of this right is a grave act of misconduct by a judge. Judge Bender's decision was appealed today to the Illinois Appellate Court. A motion for substitution of judge has been filed as well, to remove Judge Gerald Bender.
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