Case Name: In re the Marriage of Dominique Ward and Micah Berkley

Case Number: 2021D079057

Comes now, Micah Berkley, pro se, and moves this Court to dismiss the current action against him for egregious abuse of process and a systematic denial of his due process rights, which have irrevocably prejudiced his ability to participate in this case and defend his fundamental parental rights.

Introduction:

This Court faces a critical juncture, a decision point where the very integrity of the justice system hangs in the balance. This case is not simply about a contentious child support dispute; it is a stark and disturbing example of how a parent, aided by a lawyer seemingly operating with impunity, can manipulate legal procedures to silence a father and unjustly sever his bond with his children. For over three years, Mr. Berkley has endured a relentless campaign of procedural errors, misrepresentations, and deliberate obstructions orchestrated by Dominique Ward and her lawyer, Lindsay Nathan. This Court, obligated to be a bastion of fairness and due process, must recognize the irreparable harm caused by these abuses and dismiss this action.

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

The law, in its pursuit of fairness, grants each party the right to one substitution of judge without cause. However, the record in this case reveals a blatant disregard for this statutory right, demonstrating a clear bias in favor of Ms. Ward and a systemic failure to protect Mr. Berkley's due process.

2. Deliberate Delay Tactics and Violation of Statutory Time Limits (735 ILCS 5/413(a)):

Justice delayed is justice denied. This adage rings true in Mr. Berkley’s case, where the court, despite clear statutory deadlines, has failed to enter a final Allocation Judgment or Parenting Plan for over a year since the last evidentiary hearing. This inordinate delay, with no justification provided, exposes a blatant disregard for procedural efficiency and Mr. Berkley’s right to a timely resolution.

3. Coerced In-Person Appearances and Deliberate Default Tactics:

Ms. Ward and Ms. Nathan have engaged in a calculated strategy of exploiting Mr. Berkley's geographic location, knowing he resides in Florida and faces significant financial constraints in traveling to Chicago. They have repeatedly demanded in-person hearings, coupled with last-minute filings and inadequate notice, effectively ambushing Mr. Berkley and forcing him into default judgments.

4. Unresolved Body Attachment and Judge Recusal – A Culmination of Injustice:

The current state of this case, marked by an unresolved body attachment and a judge’s recusal without reassignment, reveals the depths of procedural chaos and injustice that Mr. Berkley has been subjected to. Judge [Previous Judge's Name] issued a body attachment against him on February 6, 2024, based solely on his inability to attend an in-person hearing. [Document: Ward Order to Submit 2.6.24 (1).pdf] This order, which threatens his freedom and ability to seek employment, has been left hanging over his head for months.