Andy Martin exposed in greater detail Tuesday how Pat Brady, Brien Sheahan and John Fogarty, jr. are committing criminal violations of federal law by using Andrew Heffernan as a stooge to conduct harassing litigation against political opponents. Martin asked the Illinois Appellate Court in
FOR THE FIRST DISTRICT
Docket Number: 10-2726
OF ELECTIONS, et al.,
MOTION TO PRECLUDE REPUBLICAN PARTY ATTORNEYS
FROM PROCEEDING IN THIS COURT WITHOUT A BONA FIDE CLIENT
One of the particular banes of democracy in
Andrew Heffernan is a Republican Party shill. The Heffernan name pops up in court as a proxy used by Republican State Chairman Pat Brady (a former federal lawyer who should know better himself), Brien Sheahan ("General Counsel" for the Illinois Republican Party), and John Fogarty, Jr., a Republican factotum. Heffernan is a “party” to this litigation in “name only.”
On September 20th the ultimate absurdity and fraud of the Republican Party was exposed in circuit court.
Mr. Sheahan appeared and claimed he had “not been served” with the circuit court proceedings. The reason Sheahan had not been served was because the Election Code mandates service on the objector, not the attorney. Circuit court review is treated as an independent level of litigation.
In other words, Sheahan confessed he was not communicating with his “client” but that he was nevertheless there to “represent” someone who is not even remotely his bona fide client.
The terms of a bona fide attorney/client relationship are well known to this Court. They involve, at a minimum, client meetings, payment of fees, a written retainer agreement and appearances in court. On information and belief Heffernan satisfies none of these criteria.
Given that Heffernan did not authorize his attorney to appear in court on September 20th, and that Heffernan himself defaulted and did not appear, Appellant asks this Court to declare that Heffernan is not a party on appeal and that Sheahan and Fogarty may not further represent straw parties with whom they do not enjoy a documented bona fide attorney/client relationship.
There is a further criminal dimension to this controversy. Federal courts have been somewhat lax with their supervision of state elections for state offices. But elections for federal office are conducted under federal, not state, law even though the mechanics are conducted by the several states.
Federal law requires full disclosure, and bars both surreptitious receipts and expenditures by candidates or persons supporting or opposing federal candidates. What Messrs. Heffernan, Brady, Sheahan and Fogarty have been doing appears to amount to federal criminal activity, because it is designed to defraud both the State Board of Elections and the Illinois state courts as to who is really importuning, promoting and maintaining election litigation, see United States v. Mariani, 212 F.Supp.2d 361, 373-379 (M.D.
No court should tolerate lying and misrepresentation by officers of the Court concerning the true nature of who is paying counsel fees and who is trumping up lawsuits. Proxy parties are unlawful unless full disclosure is made to the tribunal.
It is regrettable that this is the first instance and first intermediate appellate court in Illinois that has now been asked to put an end to proxy litigation being orchestrated and paid for by the Illinois Republican Party (or by the Democratic party for that matter). But, better late than never, the issue is now sub judice.
Most respectfully, this Court is asked to enter an order awarding both Appellant and the appearance of justice in the judicial system appropriate relief.
PRINCIPAL ADDRESS FOR
SERVICE OF NOTICES:
Toll-free tel. (866) 706-2639
Toll-free fax (866) 707-2639
E-mail: AndyMart20@aol.com (text only)
Additional courtesy copy (not principal address for service) requested to:
REGIONAL LITIGATION SUPPORT
SERVICE OF NOTICES IS RESPECTFULLY
REQUESTED BY FAX OR E-MAIL
Additional e-mail address available
CERTIFICATE OF SERVICE
I certify I have served the parties as set forth in the Notice of Filing on