Professor Tarkington from Ind. School of Law got it right when she said the Bar Association's frequently use the standard propounded in New York Times v. Sullivan as a dark aberration of what it is intended to be and that results in decisions very far afield of what New York Times meant the first amendment to be, rendering all or most of the decisions invalid because they infringe too greatly upon the constitutional rights of lawyers.Source:
Probate Sharks: Ken's Decision - With Comments
Read: Decision from Discipline Reports and Decision Research; Filed May 3, 2013; In re: Kenneth Karl Ditkowsky, Attorney Respondent
See Also:
Probate Sharks: Some Thoughts on Attorney Ken Ditkowsky
Note: For those new readers to our Blog who may not be familiar with Illinois Attorney Ken Ditkowsky, please be advised NASGA fully supports Attorney Ditkowsky; we appreciate his efforts calling for a complete and honest investigation of guardianship cases, and we stand beside him.
15 comments:
I stand with Ken Ditkowsky too!
Count me in! Ken does all he does for the right reasons: right vs wrong (and worse)
Ken Ditkowsky is an inspiration.
Why haven't those in high places responded to his concerns?
At the very least, why not initiate an audit and review of the case files presented by this attorney who sees suspicious activity?
Missing items of wealth,
considerable net worth in my opinion would warrant inquiries and interviews to determine where the missing items are and why they haven't been inventoried in the initial inventory documents.
It's a shame that in a system (probate) where attorney's are rewarded, even lauded, for transposing (reversing) facts...that poor Ken Ditkowsky has been formally abolished for simply presenting the facts in a straightforward and respectful manner, on an unpopular subject.
I believe that Ken Ditkowsky's presence in a system riddled with corruption, has given that system more integrity than the board that abolished him. You got courage, Ken! Joe Roubicek
I support Ken as well. In my letters to various organizations I include the statement:
Equally as important is that attorneys and others who are cognizant of such illegal acts and report them should not have their license suspended or be reprimanded for the reporting of such illegal acts.
i agree with ken ditkowsky what happened to the constitutional rights of lawyers? we depend on them to see the crimes first person and when the system fails to provide recourse including an honest investigation then what is the lawyer to do? pretend all is well and go shopping? i stand beside ken ditkowsky he is putting his profession in the hands of the dark side those who want to silence him just like the wards are non persons silenced and drugged into submission how many wards appear at the hearings and if they appear are they allowed to speak and address the court? from what i hear the aip's and wards are usually nowhere to be seen or heard treated like the products they are that generate money for profit or for job security guardianship cases are in the best interest of those who have something to gain not for the best interests of the ward is this true in all cases? no not all cases but in many cases and i invite the good cases to come forward with their input
The public needs more Ditkowsky's.
My sincere thanks to Ken Ditkowsky in his relentness advocacy for an open and honest investigation.
The Sykes and Gore cases are not isolated. My loved one was exploited in a predatory guardianship proceeding on the 18th floor of the Daley Center (Cook County Probate Court) as well.
Certain judges, attorneys, case managers (i.e. nurses), and guardians are known to deceive the elderly and/or enter false information about family members into the court record, all done in an attempt to be named guardian over the ward's family member.
Once names guardian, the estate is rapidly depleted with attorney's fees and legal fees. The ward is then placed into a Medicaid-funded nursing home, most often owned by court favorites.
The IARDC heard my complaints, and complaints of other victims I know, , and although there were clear violations of attorneys' rules, they dismissed those complaints. It is criminal that they are protecting the criminals while they persecute the honest attorneys.
If you go to www.probatesharks.com, on the index on the right you will see an article entitled "ARDC Audit Results". This should be read to have better insight on what is occurring at the IARDC, and which lawyers are being protected despite their wrong-doing.
If you have had a similar experience, I urge you to go to this website where you can see how to report the wrong-doing on your case:
www.probateabusemanual.blogspot.com
Please follow up with reports to all agencies that apply to your case.
If you are an investigator reading this blog and/or receiving reports on wrong-doing in the Cook County Probate Court, please listen. And then please do whatever you can to facilitate an honest, open investigation.
To Ken Ditkowsky: again I thank you, and my heart goes out to you as you stand by what is right, at the risk of losing your license to practice law. I pray that truth and justice will prevail in the end.
To all investigators who have ears: Please listen. Something is not right. The elderly and disabled are being exploited, and unethical "professionals" are profitting.
PLEASE CONDUCT AN HONEST AND OPEN INVESTIGATION.
I believe Attorney Ditkowsky is a good man and a good lawyer. I am on his fan list.
If more attorneys were like Ken Ditkowsky, lawyering would be a distinguished career. How dare the ARDC punish him for speaking up against the injustice suffered by Mary Sykes. How dare they.
Has anyone here followed this guardianship case or read the IARDC Report?
Shameful Nitwits. Go find the gold coins. Fish to your hearts' content.
There are a handful of lawyers brave enough to take it on the chin for standing up for what's right and for a vulnerable person. Ditkowsky is one and I believe his intentions are as sound as sound can be.
The probate courts need a good disinfecting and I appreciate Ditkowsky's every effort to see that this is done.
I agree with the comments posted here about a serious matter that affects all of us directly and indirectly.
Attorney Ken Ditkowsky, a seasoned lawyer, has uncovered many problems; he is in good faith asking for a complete and honest investigation into the Mary Sykes guardianship case that was established four years ago: June 2009.
No actions have been taken.
During this time, Attorney Ditkowsky learned: (from Anonymous in IL) “The Sykes and (Alice) Gore cases are not isolated. My loved one was exploited in a predatory guardianship proceeding on the 18th floor of the Daley Center (Cook County Probate Court) as well.”
In my opinion, Ken is being wrongfully charged, convicted and punished by the IL ARDC.
I believe the American people want and depend on individuals to follow their hearts and their consciences when they discover what they believe to be unconstitutional activities along with suspicions of wrongdoing.
Guardianship & Conservatorship: A system in place that needs full exposure for many reasons, especially needed to bring awareness to all the American people, as well as the next targeted generation of ‘wards’ of the states, the Baby Boomers whose profiles will, unfortunately, be added to the NASGA website.
When family, friends, clergy or interested parties complain about the problems, isolation, over medication and other abuses related to a guardianship or conservatorship case, the usual response from those in high places initially is disbelief, all is well the court is aware, what comes next is: "it's an isolated case" definition: disregard the message and the messenger.
DEFINITION OF ISOLATED: Separated from others; solitary or singular
This tactic worked for quite some time leaving the complainant with nowhere to turn until the Internet gave many of the 'isolated' (separated from others; solitary or singular) cases a road map to more of the so called 'isolated' cases in their area, cases with the same pattern of abuses nationwide.
Another tactic is to label the family complainants as: "angry, ungrateful, greedy heirs". Definition: disregard the messages and the messengers.
FACT: The GAO Government Accountability Office investigation resulted in GAO reports related to the litany of growing problems with guardianship can be found at NASGA website:
http://stopguardianabuse.org/GAO_government_accountibility_office.htm
FOR EXAMPLE Beginning with:
1) July 13, 2004
GAO-04-655
"Guardianships: Collaboration Needed to Protect Incapacitated Elderly People"
2) September 7, 2006
GAO-06-1086T
"Guardianships: Little Progress in Ensuring Protection for Incapacitated Elderly People"
3) February 26, 2010
GAO-10-241
"VA's Fiduciary Program: Improved Compliance and Safeguards Could Better Safeguard Veteran's Benefits"
4) September 30, 2010
GAO-10-104
"Guardianships: Cases of Financial Exploitation, Neglect, and Abuse of Seniors"
5) August 11, 2011
GAO-11-678
"Incapacitated Adults: Oversight of Federal Fiduciaries and Court-Appointed Guardians Needs Improvement"
6) November 2012
GAO-13-110
"Elder Justice: National Strategy Needed to Combat Elder Financial Exploitation"
GAO: Our Mission is to support the Congress in meeting its constitutional responsibilities and to help improve the performance and ensure the accountability of the federal government for the benefit of the American people. We provide Congress with timely information that is objective, fact-based, nonpartisan, non-ideological, fair, and balance.
How many more years of GAO reports are needed to prove to Congress; to prove to those in the media and press and the citizens of the USA, the American People, that there is a cancer growing, a growing pattern of serious problems that must be STOPPED now?
How lucky Mary Sykes is to have such a loyal friend as Ken Ditkowsky. If we could all be so lucky.......
Perhaps the attorneys in the ARDC are not prosecuting miscreant attorneys for a reason most have not considered. Perhaps they ARDC are protecting the guardianship industry's miscreant ones because, as attorneys themselves, they may one day be appearing before the judges who are favoring the miscreant ones.
I think when an honest and open investigation occurs, the money trail needs to be followed all the way on up to the judges, including the chief judge....
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