Court Date Passes Too Quietly

Today was to be the day that Judge Maureen McIntyre issued her Decision in the case of Lowen v. (Woodstock) Board of Fire and Police Commissioners. By now you know what this case is all about. If you don't and if you wonder, search on this site for "Gorski".

This case has muddled along for months - for too many months. Filed back on March 7, 2008, it should have been a slam-dunk. In July a Conference Scheduling court date resulted in a Continuance to August 15. On August 15 the case was set for a Hearing on October 15.

Now, remember, in all this time Sgt. Gorski is not being paid, in spite of the order by the 3-man Board of Fire and Police Commissioners on February 14, 2008, to the Chief and to the City to reimburse Sgt. Gorski for past wages.

On October 15 Judge McIntyre took the case under advisement. A written decision was expected on December 15.

December 15 came and went. Then she broke her arm and the January 14 Decision date was continued to today, February 17.

Yesterday I was told that today's court date was canceled. Now, keep in mind that Sgt. Gorski doesn't talk to me, so I didn't hear it from him. I immediately wondered how a court date could get canceled. Last Friday I had called the courthouse, knowing that Monday was a holiday. The case was still on.

This morning the Case was listed on the hallway monitors. In the courtroom the case was printed on the court call for today. So it wasn't "canceled."

When the case was called at 9:36AM, no attorney approached Judge McIntyre. I was sitting right in the front row and could not hear Judge McIntyre's words. At 9:48AM I asked the bailiff what was going on with the case, and he told me that the judge was going to continue the case, but "they" haven't made out the Order yet.

After 10:00AM the judge was winding up business and asked me why I was there. I informed her that I was there for her Decision in Lowen v. Board. She said the case was being continued to March 24.

Now I've got to wonder - aloud - make that ALOUD - where the attorneys were for the Board of Fire and Police Commissioners and why they weren't screaming bloody murder about one more delay. Of course, they don't have anything at risk. The 3-man Board risks no financial loss. They made a decision on February 14 and it will either be upheld or not.

But the person whose career, health and financial status are in turmoil has great risk. The City canceled his health insurance last fall. Nice, eh?

Here is a 19-year employee whose continued employment was supported in February 2008 and who now, a full year later, has still not received one dime from the City of Woodstock.

And where is the City in all this? It is playing out the lawyer-game in court. Drag it out as long as you can. After all, "we" have more money than you do. "We" have the City treasury at our fingertips.

It is way past time for members of the City Council to take back control of the City and strike down their senseless legal maneuvering and waste of taxpayer dollars! The City is paying for the City Attorney to represent the Police Chief in this case. The City must be paying for the Naperville law firm to represent the Board of Fire and Police Commissioners, since it is a city commission. And there is an excellent chance that the city is going to end up paying Sgt. Gorski's attorney's fee.

There is a reason why lawyers' words in court are called "arguments." They are supposed to argue their case on behalf of their clients. In this case where are the arguments?

What possible reason could there be for Sgt. Gorski's attorney not to appear before Judge McIntyre at 9:36AM and (politely and respectfully) demand her decision? This Decision was supposed to be made on December 15. Now, we all know that nobody "demands" anything of a judge. In the courtroom the judge is King, which is how it should be. But a good lawyer can present such strong and compelling reasoning that the judge will agree.

Where were the good lawyers today?