The appearance Judge Naomi Schuster has a personal vendetta against Mr.Gerhardt in persuite of her own happiness?

 

Subject: Is the trial court extorting monies from the family and friends under the color of law?
In re the marriage of Shannon Harper, v. Michael Gerhardt, No. 07-D1167, Judge Naomi H. Schuster
On September 8, 2013, you wrote an excellent article entitled “Justice for Christina” which detailed numerous improprieties that took place in Cook County, Law Division. Why is it that you do not want to report anything about the American cesspool also known as family court???
Attorney Michael Gerhardt (Mick) has been jailed several times, and he is in jail right now, for his inability to pay his ex-wife’s attorney’s fees and recently child support. Every time Mick was jailed, his family or friends would get the money to bail him out. Apparently, the opposing attorney, Mr. Harger and Judge Schuster realized that this method works and they keep sending Mick to jail. Except, this time, neither family nor friends are willing to surrender to extortion any more. So, poor Mick is sitting in jail with real criminals.
According to the above transcripts dated 05-08-14; 05-13-14; and, 05-20-14, Judge Schuster had entered, sometime in March, four orders adjudicating Mick in indirect civil contempt, and the Judge made a finding that Mick had the ability to pay all of the set purges. Sadly, no court-reporter was present during that hearing. However, one can clearly see from the above transcripts which we do have, that something is so very much wrong here. Mick kept saying “I’ve testified and given testimony showing that I don’t have the money” (transcript, 05-08-14). Even Judge Schuster herself stated on the record, “I don’t know the status of your situation” (transcript 05-08-14, page 8, line 20). HOW ON EARTH IS THAT POSSIBLE? THE SAME JUDGE MADE A FINDING IN MARCH OF INDIRECT CIVIL CONTEMPT AGAINST MICK??? HOW COULD SHE HAVE POSSIBLY DONE THAT IF SHE DID NOT KNOW ANYTHING ABOUT MICK’S FINANCIAL SITUATION????! The Judge’s own statement proves to any reasonable observer that her ruling could not have possibly been in conformity with the law and THAT IT COULD NOT HAVE POSSIBLY had sufficient factual basis. I was told (but do not know for certain) that $6,231.25 that Mick allegedly owed constitutes the opposing attorney’s fees. I found it a bit interesting that neither the Judge nor the opposing attorney ever clarified on the record what this amount was for. So, if true, Mick is being jailed not just for failing to pay child support but also for failing to pay his ex-wife’s attorney’s fees. In that event, the Judge would be acting as Mr. Harger’s collection agency at the taxpayers’ expense.
We, the people, deserve to know the basis of the Judge’s ruling. This is not a minor joke that a person could be incarcerated for his failure to pay the debt while there is no apparent evidence adduced at any trial that he has ability to pay. I was told that attorney Robert Held attempted to appeal the matter because Judge Schuster sent Mick to jail while the appeal was still pending. Many people believe that once you file a notice of appeal, the trial court loses jurisdiction over the subject matter. Apparently, that belief is mistaken because the Appellate Court denied whatever motions were filed.
Therefore, please investigate this matter fully. Contact Judge Schuster, the opposing attorney Harger and the Appellate Court to obtain an answer directly from all of them as to what evidence exists to support the Judge’s finding that Mick has the ability to pay. For example, ask them specifically if the Judge’s finding was based on the moneys Mick has in his bank account and what was the amount. Or was the Judge’s finding based on Mick’s salary and what is his salary? Or was the Judge’s finding based on the fact that Mick is getting income/revenue from some other sources and what that source is????
If the Judge’s finding that Mick had the ability to pay was not based on Mick’s personal financial situation, then Mick’s repeated incarceration can be safely labeled “extortion”. No family court judge should be allowed to jail a person under the presumption that the family and friends may come up with the money.
Lastly, this whole idea that a domestic relations judge could jail people for their failure to pay outstanding debts seems to be unconstitutional. At minimum, it raises the question as to why all other judges from other divisions do not order litigants to pay outstanding fees or they will hold them in “contempt of court” and jail? Why is this practice only taking place in family court?
The next court date is tomorrow, Friday at 9:30am.