From: Micah Berkley, pro se

Date: July 5, 2024

Re: Case No. 2021D079057, In re the Marriage of Dominique Ward and Micah Berkley

Introduction:

This complaint details a deeply troubling and relentless pattern of legal and ethical misconduct perpetrated by attorney Lindsay Nathan, causing irreparable harm to a father and his children. Ms. Nathan, seemingly empowered by a system that has failed to check her actions, has weaponized legal procedure, engaged in deceit, and manipulated public perception to silence my voice and unjustly sever my bond with my daughters, McKenzie and Michaela Berkley. This is not merely a case of adversarial representation; it is a calculated campaign of obstruction, fueled by her client's vindictive agenda and enabled by a court system that has repeatedly prioritized Ms. Ward's interests over the fundamental rights of a father and the best interests of his children.

List of Violations:

Ms. Nathan’s conduct demonstrates a blatant disregard for the Illinois Rules of Professional Conduct, specifically:

• Rule 3.4: Fairness to Opposing Party and Counsel:
  • Engaging in a pattern of last-minute filings and amendments, deliberately timed to disadvantage me due to my out-of-state residence.
  • Failing to communicate important information about court dates and changes in the case, despite knowing the challenges of my remote participation.
  • Insisting on in-person hearings, despite my inability to travel and readily available alternatives for remote participation, leading to multiple default judgments against me.
• Rule 4.4: Respect for Rights of Third Persons:
  • Filing motions related to the protection of my daughters without proper notice to me, violating my parental rights and my right to be heard.
  • Failing to take appropriate steps to prevent her client, Dominique Ward, from engaging in a sustained campaign of harassment and intimidation against me, including offering rewards for information about my daughters and encouraging her social media followers to track our whereabouts.
• Rule 8.4: Misconduct:
  • Making false statements to the court, including the claim that a court order barred me from posting pictures of my daughters, a statement used to secure an extension of an order of protection against me.
  • Orchestrating a media smear campaign through the Chicago Tribune article, providing distorted information and unsubstantiated claims to paint me as a dangerous and obsessive father.
  • Engaging in a pattern of deception and manipulation aimed at securing an unfair advantage in this case, knowing that I am a pro se litigant with limited legal resources.

Explanation of Violations:

1. Unequal Application of Judge Substitution Rights (735 ILCS 5/2-1001(a)(2))

The right to one substitution of judge without cause, enshrined in Illinois law, is meant to ensure a fair and impartial hearing for all parties. However, this right has been twisted into a weapon by Ms. Ward and Ms. Nathan, used to manipulate the judicial process and ensure that only judges favorable to their agenda preside over this case.

• Evidence:
  • Multiple Judge Substitutions by Mother: Court records reveal a disturbing pattern of judge shopping. Judge [Previous Judge's Name] was replaced on June 17, 2022, [Document: Order 6-8-22.pdf], following a hearing where the judge granted me time to respond to a petition. Again, on January 30, 2023, Judge [Previous Judge's Name] was replaced after indicating a willingness to consider my arguments for visitation. [Document: Court calendar logs and orders for judge changes] This manipulation, allowed to proceed unchecked, has prevented me from having my case heard consistently by a single judge and has created an environment of judicial instability.
  • Denial of Your Motion for Change of Judge: Despite my formal Motion to Continue filed on November 13, 2023, explicitly requesting a new judge based on reasonable apprehension of bias and the unequal application of judge substitution rights [Document: Motion_Continue_Approved (1).pdf], the court disregarded my plea for fairness. This denial is a stark example of how the system has failed to protect my rights and has, instead, facilitated Ms. Ward and Ms. Nathan's abuse of process.

2. Deliberate Miscommunication and Last-Minute Filings – A Strategy of Ambush and Silencing:

Ms. Nathan's blatant disregard for my due process rights is undeniably evident in her consistent pattern of filing motions and amendments at the eleventh hour, often mere hours before scheduled hearings. This calculated tactic, aimed at preventing me from effectively responding, has resulted in numerous defaults against me and significantly prejudiced my case.

• Specific Examples:
  • January 29, 2023: Ms. Nathan filed an Amended Notice of Motion just hours before the scheduled hearing, drastically altering the time, location, and manner of the hearing. [Document: To file-Amended Notice Ward (1).pdf] This last-minute change, communicated via email, provided insufficient time for me to adjust my schedule or arrange for legal representation. This deliberate ambush tactic is not an isolated incident but part of a persistent pattern evident in numerous other motions and amendments filed close to hearing dates. [Document: [List and cite other specific instances of last-minute filings, especially those resulting in default judgments against you. Refer to court calendar log and submitted documents.]
  • Inadequate Notice and Failure to Communicate: Despite my repeated attempts to participate in the proceedings via Zoom and my documented financial constraints, Ms. Nathan has consistently failed to provide adequate notice of court dates and changes in the case. This deliberate lack of communication has resulted in missed hearings and defaults, effectively silencing my voice in this legal battle.