Whereas, in Petitioner Dubin's three
separate timely appeals, filed by him both as an
attorney and as personally representing himself
and nearly one- half of his clients also personally
aggrieved, a Circuit Court motions panel
dismissed all three Petitioners' appeals without
a hearing for Dubin's alleged failure to file three
opening briefs all due at the same time.

Whereas, Dubin meanwhile had been in
bed in three successive hospitals recovering from
hip surgery followed by a period of supervised
rehabilitation, unable yet to walk let alone
prepare three opening briefs.

Whereas, the Clerk's Office was notified of
Dubin's hospitalization, and Dubin's staff timely
requested short-term briefing extensions,
neither they nor his doctors knowing when he
would fully recover, which extension requests,
submitted by his staff, the Clerks' Office
graciously granted.

Whereas, before the three opening briefs
were due pursuant to the most recent written
extension from the Clerk's Office and while the
briefs were being completed by Dubin upon his
recovery, a motions panel abruptly entered three
separate orders dismissing all three appeals
seemingly unaware of the Clerk's last granted
extensions and Dubin having done as the Clerk
exactly advised.

Whereas, Dubin filed a timely request
with the motions panel for reconsideration in
each appeal and for leave to file his opening
briefs forthwith and for other related procedural
relief, setting forth under oath the fully
documented health information earlier given to
the Clerk, with a copy of the last written Clerk's
extension.

And whereas, the motions panel ironically
thereafter waited four full months before
denying reconsideration and denying Dubin
leave to file the opening briefs or to consider
lesser sanctions.

Therefore, both alternatively and/or
concurrently:

1. Was it an abuse of discretion and a
violation of Due Process for a Circuit
Court to dismiss timely filed appeals for
failure to file opening briefs, a claims
processing rule, without first verifying the
factual circumstances by formally issuing
Petitioner Dubin an order to show cause?

2. Was it an abuse of discretion and a
violation of Due Process for a Circuit
Court to dismiss timely filed appeals for
failure to file opening briefs, a claims
processing rule, where its Clerk's Office
had granted an intervening extension for
filing and related "Help Desk" filing
advice, upon which Clerk's advice
Petitioner Dubin had relied?

3. Was it a violation of the Americans With
Disabilities Act for a Circuit Court not to
provide reasonable filing accommodations
where Petitioner Dubin was suffering from
a known temporary disability and to
instead dismiss timely filed appeals for
resulting failure to file opening briefs, a
claims processing rule?

4. Was it a violation of Due Process derived
Equal Protection Rights for a Circuit
Court to dismiss timely filed appeals for
failure to file opening briefs, a claim
processing rule, while affording the right
to appeal for others not suffering from a
temporary disability?

Whether the dismissal of timely filed appeals for failure to file opening briefs, a claims processing rule, without verifying the factual circumstances and providing an opportunity to show cause, violated due process