____________________________________________________________________
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOISFIRST MUNICIPAL DIVISION, CRIMINAL SECTION
People of the State of Illinois)Plaintiff)No 09 MC1 223774-01v.)Linda Shelton)Defendant)Judge Chiampas Presiding ___________________________________________________________________
MOTION FOR SUBSTITUTION OF JUDGE FOR CAUSE
NOW COMES, Linda Shelton pro se, who moves for substitution of Judge (“SOJ”) Chiampas for cause and in support of this motionDefendant states as follows:County of Cook )) SsState of Illinois)
Affidavit
1.Defendant requests SOJ for cause according to 725 ILCS 5/114-5(d):Sec. 114-5. Substitution of judge.(d) In addition to the provisions of subsections (a), (b) and (c) of this Section the State or any defendant may move at any time forsubstitution of judge for cause, supported by affidavit. Upon thefiling of such motion a hearing shall be conducted as soon aspossible after its filing by a judge not named in the motion;provided, however, that the judge named in the motion need nottestify, but may submit an affidavit if the judge wishes. If themotion is allowed, the case shall be assigned to a judge notnamed in the motion. If the motion is denied the case shall beassigned back to the judge named in the motion.
2.
SHELTON discovered on March 6, 2012 that a new judge wasassigned to her five fraudulent misdemeanor cases, Judge Peggy
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Chiampos.
A judge is not a God with power to do whatever theywant with no consequences! They must follow law and highercourt precedent! She in a few short hearings has snubbed hernose at the law and the Constitution and revealed gross biasagainst Defendant, in numerous acts of judicial misconduct, thatthreatens the life of Defendant and guarantees there will not bea fair trial, as explained in the following:
3.
Judge Chiampos does not have the demeanor to sit on the benchat this time as she is narcissistic and drunk with power ignoring highercourt precedent that contempt power should be used sparingly and judicially. Contempt is an extraordinary sanction which must beexercised cautiously.
People v Wolf
(3
rd
Dist. 1987), 162 Ill.App.3d 57,514 N.E.2d, 1218, 113 Ill.Dec. 207; The exercise of contempt power ispunitive in nature and is a matter of some delicacy. Care is needed toavoid arbitrary or oppressive conclusions,
People v. Ernest
(1990) 141Ill.2d 412, 566 N.E.2d 231, 152 Ill.Dec. 544,
Cooke v. United States,
(1925), 267 U.S. 517, 539, 45 S.Ct. 390, 396, 69 Led. 767, 775.
4.
Judge Chiampas began this March 6, 2012 hearing with anoutrageous abuse of her contempt powers, as she does at everyhearing, by stating at the beginning of her hearing that she willimmediately jail anyone whose cell phone rings for six months withoutregard to whether the person is hard of hearing, late and didn’t hear the
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admonishment about cell phones, or speaks a language other thanEnglish – this is pretty arbitrary, oppressive, grandiose, and narcissistic.It is a direct violation of this higher court precedent that contempt powershould be used delicately and not in an arbitrary or oppressive fashion.
5.
Judge Chiampos is drunk with power and inappropriately andoppressively uses this power in her knee-jerk remarks, being rude todefendants in that she won’t hear defendants [even pro se] in violationof Supreme Court canons for judges, ignores ADA requirements toaccommodate defendants, and appears to favor the State, as Defendantand others observed on March 6, 2012, March 21, 2012, and March 26,2012.
6.
Judge Chiampos on March 6, 2012 (Transcript = Exhibit A)illegally, in violation of
Farretta
Doctrine,
summarily removedDefendant’s right to represent herself by telling her to be quietand not speak and wait for her attorney
, when the files clearlyrevealed that Defendant is representing herself on five (5) of six (6)fraudulent misdemeanor cases against her brought by the corruptSheriff staff in retaliation for Defendant filing civil rights suits againstthem and exposing their corruption and the corruption of many judges in
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Please note we (a loose association of civil rights activists and constitutionalists) now have courtwatchers randomly observing cases – approved by Dorothy Brown and Judge Evans who prepare reports to post on the Internet and give to bar associations.
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Motion for Substitution of Judge for Cause - Cook County Court 2012
Judge Peggy Chiampas routinely tramples defendant's rights under the constitution including striking motions for dismissal due to speedy trial violations, striking motions to compel witnesses to answer subpoenas, issuing arrest warrants when a defendant gets sick…
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