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IN THE SUPREME COURT OF THE STATE OF ILLINOISLinda L. Shelton
)Movant)383 Motion for Supervisory Order )
v.
))
The Honorable William H. Maddux,
)in his Official Capacity as Executive )Case No.Director of the Law Division of the Cook )County Circuit Court and its Presiding )Judge
,Dorothy Brown
in her Official )Capacity as the Cook County Circuit )Court Clerk, and
The Honorable Timothy )Evans,
Chief Judge of the Circuit Court of )Cook County, In his Official Capacity as )Executive Director of the Circuit Court of )Cook Count)Respondents)
383 MOTION FOR SUPERVISORY ORDERS
Movant Linda L. Shelton, moves this Honorable Court to order Judge Maddux of the Circuit Court of Cook County (“CCCC”) to cease and desist violating IllinoisStatutes, 735 ILCS 5/5-105, and to rescind his instructions to his courtroom clerks andother clerks of the CCCC to NOT promptly give petitioners for indigency status their  petitions and the order regarding such petition in the courtroom; to order Judge Madduxto immediately, upon the order being signed, return the order, petition, and accompanyingdocuments to the petitioner IN THE COURTROOM; to order Judge Maddux to rescindhis instructions that other judges in the law division may not hear any indigency petitions,even after the case has been filed; and order CCCC Clerk Brown to order her assistantclerks to immediately, upon the order being signed by a judge, return petitions to sue or defend as an indigent person, the signed order, and accompanying documents to the petitioner IN THE COURTROOM or by mail if not in courtroom; to order CCCC Clerk 1
 
Brown to immediately return to Movant/Plaintiff her petition and order granting the petition to sue as an indigent persons, in CCCC case number 2008 L 13289, so thatPlaintiff can serve defendants; as well as reprimand Judge Evans for failing to performhis administrative duties as Chief Administrator of the CCCC in enforcing 735 ILCS 5/5-105.In support of this motion Movant states as follows:
THE PARTIES
1.Movant Linda L. Shelton is a resident of Cook County and the State of Illinois.2.Respondent the Honorable William H. Maddux (“Judge”) is the duly appointedPresiding Judge of the Law Division of the CCCC. He was appointed the Presiding Judgeof the Law Division by order of the Chief Judge of the CCCC, the Honorable TimothyEvans, and as such is authorized to make administrative decisions for the functioning of the Law Division of the CCCC, per rules of the CCCC, consistent with the laws of theState of Illinois, the County of Cook, and the Illinois Supreme Court Rules.3.Respondent Dorothy Brown is the duly elected Clerk of the CCCC (“Clerk”) under the laws of the State of Illinois and the County of Cook.4.Respondent the Honorable Timothy Evans is the duly appointed Chief Judge of theCCCC and Executive Director of the CCCC, per the laws of the County of Cook, theRules of the Illinois Supreme Court, and the Constitution of the State of Illinois.
STATEMENT OF LAWS
5.735 ILCS 5/5-105 mandates that a person who is indigent as defined in the statute2
 
“shall” be granted leave to file as an indigent person with waiver of fees, upon presentation to a judge of an application to sue as an indigent person and an affidavit of assets:735 ILCS 5/5-105a) (2) "Indigent person" means any person who meets oneor more of the following criteria:(i) He or she is receiving assistance under one or more of the following public benefits programs: Supplemental Security Income (SSI), … Food Stamps, ….(ii) His or her available income is 125% or less of the current poverty level asestablished by the United States Department of Health and Human Services,unless the applicant's assets that are not exempt under Part 9 or 10 of Article XIIof this Code are of a nature and value that the court determines that the applicantis able to pay the fees, costs, and charges….735 ILCS 5/5-105 b) On the application of any person, before, or after the commencement of an action,a court, on finding that the applicant is an indigent person, shall grant the applicantleave to sue or defend the action without payment of the fees, costs, and charges of the action.This is an administrative and not judicial decision, which generally occurs prior to thefiling of the complaint, but may be requested after the complaint is filed. There is NOadministrative discretion if a person qualifies under the definition of ‘indigent”. The judge, acting as an administrator, “shall” grant the application as dictated by statute. Any judge can grant such petition.6.The Clerk is required by statute to file a complaint without payment of fee if it isaccompanied by an application to sue as an indigent person:735 ILCS 5/5-105(d) The court shall rule on applications under this Section in a timely manner basedon information contained in the application unless the court, in its discretion, requiresthe applicant to personally appear to explain or clarify information contained in theapplication. If the court finds that the applicant is an indigent person, the court shallenter an order permitting the applicant to sue or defend without payment of fees,costs, or charges. If the application is denied, the court shall enter an order to thateffect stating the specific reasons for the denial.
The clerk of the court shallpromptly mail or deliver a copy of the order to the applicant.
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Dr Linda Shelton

US Supreme Court does not have supervisory authority over state courts but has appellate authority regarding constitutional issues over state courts. Therefore, I have to write a motion for certiorari with the US S Ct and NOT a motion for supervisory order.

reply07 / 30 / 2009
Dr Linda Shelton

Case No in IL S Ct 108757 denied on July 20, 2009. Therefore, the IL Supreme Court is condoning violation of statutes by Judge Maddux, the Circuit Court of Cook Co, and Clerk Dorothy Brown. I now will have to ask the US S Ct for a Motion for Supervisory Orders as the actions of Judge Maddux have denied me my constitutional right to redress of grievances under the 1st Amendment. This is another example of the "Myth of American Justice" - the courts in IL are corrupt all the way through the IL S. Ct.

reply07 / 23 / 2009
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