CHICAGO-(AEAE)-APPEALS HAVE JUST BEEN FILED INVOLVING ERRONEOUS DECISIONS MADE BY ILLINOIS CIRCUIT COURT JUDGES GEROLD BENDER, NAOMI H. SCHUSTER AND JEANNIE CLEVELAND BERSTEIN WITH THE ILLINOIS APPELLATE COURT FIRST DIVISION. The Illinois Constitution Article VI Section 6 provides that any Illinois citizen has an “automatic right to appeal a final decision by a Illinois Circuit Court Judge to the Appellate Court. Stoller requested leave from Judge Bender to file such an appeal. Judge Bender ignored the Illinois Constitution and the U.S. Constitution, which provides a party with the right to appeal and denied the request to file an appeal. Stoller asked Judge Bender to give him leave to appeal the denial decision, Judge Bender denied that request too. Stoller appealed that decision and moved for substitution of judge (SOJ) Bender on the grounds that he is bias and prejudice and that he cannot get a fair and impartial hearing before him. The SOJ was transferred to Judge Naomi H. Schuster who set the hearing on the SOJ on the same date and time that Stoller was appearing before Judge Lee Preston. Judge Schuster refused to move the SOJ hearing on Bender to another date, Stoller moved for SOJ of judge Schuster. The Schuster SOJ was assigned to Judge Jeannie Cleveland Bernstein. Judge Bernstein without even reading Stoller complete Motion for SOJ and Memorandum which had the support of a recent U.S. Supreme Court Decision, said, “In you divorce proceeding were you granted an SOJ?” Opposing counsel replied, “Stoller had one SOJ, he is not entitled to another automatic change of judge.” Judge Bernstein said, “You SOJ of Judge Schuster is denied.” Stoller asked her for leave to appeal Judge Bernstein said, “I don't care what you do!” In the following case a pro se party was also asking Judge Bernstein for an SOJ. Judge Bernstein granted it saying this is a “post decree” request for SOJ and you are entitled to receive one automatic change of Judge.” Stoller re-approached the bench and informed Judge Bernstein that he also was involved in a post decree proceeding and like wise was entitled as a matter of law to a substitution of Judge Schuster.” Judge Bernstein said, “Stoller you're appealing my decision.” “Stoller replied, “Why should we waist the the time of the Appellate Court with a appeal of a decision which is reversible?” Judge Bernstein said, “Appeal it”!
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