2023 IL App (2d) 220031-U 

Nos. 2-22-0031 & 2-22-0032 & 2-22-0033 cons.

Order filed February 24, 2023

NOTICE: This order was filed under Supreme Court Rule 23(b) and is precedent except 

in the limited circumstances allowed under Rule 23(e)(1).

______________________________________________________________________________ 

IN THE

APPELLATE COURT OF ILLINOIS

SECOND DISTRICT

______________________________________________________________________________ 

RENEA AMEN, ) Appeal from the Circuit Court

) of Lake County. 

Petitioner-Appellant, ) 

) 

v. ) No. 21-OP-522 

) 

DEB ATTIAH ) 

) 

Respondent-Appellee. ) Honorable 

) James K. Simonian, 

) Judge, Presiding.

______________________________________________________________________________ 

RENEA AMEN, ) Appeal from the Circuit Court

) of Lake County. 

Petitioner-Appellant, ) 

) 

v. ) No. 21-OP-523 

) 

HEATHER RAND, ) 

) 

Respondent-Appellee. ) Honorable 

) James K. Simonian, 

) Judge, Presiding.

_____________________________________________________________________________ 

RENEA AMEN, ) Appeal from the Circuit Court

 ) of Lake County 

Petitioner-Appellant, ) 

) 

v. ) No. 21-OP-524 
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) 

SHARI GREEN ) 

) 

Respondent-Appellee. ) Honorable 

) James K. Simonian,

) Judge, Presiding.

______________________________________________________________________________ 

JUSTICE HUTCHINSON delivered the judgment of the court.

Presiding Justice McLaren and Justice Jorgensen concurred in the judgment.

 ORDER

¶ 1 Held: The trial court did not abuse its discretion in granting respondents’ motion for 

 sanctions pursuant to Rule 137 and awarding respondents attorney fees and 

 costs.

¶ 2 Petitioner, Renea Amen, appeals from the trial court’s orders (1) granting respondents’ 

motions for Rule 137 sanctions; (2) denying her motion to reconsider the order granting Rule 137 

sanctions; and (3) setting attorney fees and costs. For the reasons that follow, we affirm the trial 

court’s orders. 

¶ 3 I. BACKGROUND

¶ 4 On March 29, 2021, Amen filed verified petitions seeking stalking, no contact orders 

against Deb Attiah (21-OP-522), Heather Rand (21-OP-523), and Shari Green (21-OP-524) 

(collectively “respondents”). The petition against Attiah alleged, in its entirety, as follows:

“ON FRIDAY NIGHT 3-26-2021, I WAS CONTACTED REGARDING SOME 

FACEBOOK POSTS THAT WERE POSTED IN A PARENT GROUP BY THE 

RESPONDENT AND HER FRIENDS. THE POST WAS THEN PLACED IN THIS 

PARENT GROUP THAT HAS TARGETED ME OVER THE LAST SEVERAL 

MONTHS SINCE RUNNING FOR THE WOODLAND SCHOOL BOARD. THERE 

WAS A RECORDED CONVERSATION OF THE RESPONDENT ALLEGEDLY THAT 

WISHED HARM UPON ME, AS [‘]MY CLENTS HAD DONE TO OTHERS[’], AND 
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THAT [‘]SHE WAS SO TIRED OF WHEN THESE PEOPLE GET A LITTLE BIT OF 

MONEY THEY THINK THEY CAN MAKE DECISIONS FOR US, WHY CANT SHE 

JUST STAY IN WAUKEGAN, ISN’T THAT THE TRASH SHE REPRESENTS.[’] I 

LATER WROTE A FACEBOOK POST ASKING WHY THEY WERE SO 

CONCERNED WITH ME, IT WAS AT THAT TIME THAT DEB AND HER HUSBAND 

ALEX BECAME SO UNCIVIL THAT THE POST WAS TAKEN DOWN. THESE

ATTACKS HAVE BEEN TARGETED AGAINST ME, NO ONE ELSE ON THE 

BOARD. THEY HAVE WRITTEN LETTERS TO MY OFFICE UNDER FALSE 

NAMES, AS WELL AS WHEN I HELD A QUESTION AND ANSWER SESSION, THE 

SAME TYPES OF COMMENTS WERE MADE. I BELIEVE THAT MY KIDS AND 

MYSELF ARE IN DANGER. I BANNED DEB FROM MY PAGE. SHE THEN WENT 

ONTO ANOTHER PAGE TO CONTACT ME. I ASKED HER TO STAY AWAY. SHE 

THEN EMAILED THE BOARD IN AN EFFORT TO MAKE CONTACT WITH ME.

SEVERAL WEEKS PRIOR, THE SCHOOL DISTRICT HAD TO MAKE A 

RESOLUTION DENOUNCING THE RACIAL ATTACKS THAT HAD BEEN 

DIRECTED AT ME. THAT WAS BECAUSE THIS PARTICULAR GROUP, 

INCLUDING DEB, HAS MADE OTHER THREATS TO ME. THOSE THREATS 

HAVE COME FROM FAKE FACEBOOK ACCOUNT THAT HAVE BEEN 

REMOVED BY FACEBOOK. THE THREATS INCLDUED [‘]WE DO NOT WANT 

YOUR KIND IN OUR COMMUNITY, FOCUS ON YOUR CAREER, YOU LIVE A 

PRIVILEGED LIFE AND SO DO YOUR KIDS. YOU THINK YOU ARE PRIVATE BY 

USING A WAUKEGAN ADDRESS BUT WE KNOW WHERE YOU LIVE.[’] DUE TO 

THE NATURE OF MY JOB, I HAVE ALWAYS USED WAUKEGAN, MY BUSINESS, 
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AS MY ADDRESS. I HAVE ALSO PLACED MY HOME IN A TRUST. THERE IS NO 

WAY THAT THESE PEOPLE SHOULD HAVE BEEN ABLE TO FIND MY HOME 

ADDRESS. I HAVE CONTACTED THE SHERIFF’S OFFICE AND THEY HAVE 

STARTED EXTRA PATROLS OVER THE PAST FEW WEEKS. THESE ATTACKS 

HAVE BEEN TARGETED AGAINST ONLY ME, NO ONE ELSE ON THE BOARD.”

The petitions against Rand and Green made identical allegations and were largely duplicative of 

the petition against Attiah, with the following additions:

 “HEATHER WENT ONTO MY PAGE AND MADE SOME ACCUSATIONS AS 

WELL AS OTHER PAGES. WHEN THE WOODLAND FEDERATION OF 

TEACHERS ENDORSED ME, SHE PERSONALLY WENT ONTO THEIR PAGES 

AND OTHER PAGES MAKING STATEMENTS ABOUT ME AND ALSO HIDING 

BEHIND THIS PRIVATE GROUP. SHE HAS BEEN GOING ONTO MY PRIVATE 

PAGE AND TAKING SCREENSHOTS AND IS ALSO ADDING IT TO THE GROUP 

WHERE THE THREATS ARE ORIGINATING. EITHER SHE IS MAKING THE 

THREATS HERSELF OR SHE IS AT THE VERY LEAST CUPLABLE BECAUSE SHE 

IS GIVING THEM INFORMATION ALONG WITH SHARI GREEN. I WOULD LIKE 

ALL OF THESE LADIES TO STAY AWAY. WHEN I INITIALLY FOUND OUT, 

SHARI GOT MY PHONE NUMBER AND CALLED ME EVEN THOUGH I 

REQUESTED NO CONTACT.”

¶ 5 An emergency hearing was held on all three petitions on March 29, 2021. Amen appeared 

pro se. The trial court found no immediate and present danger of abuse and denied Amen’s request 

for emergency relief. The matters were set for a plenary hearing on April 21, 2021. In all its orders 

the trial court noted as follows:
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“[Amen] is a Gurnee School Board Candidate and [Attiah] may be a rival or 

otherwise opposed to [Amen]; [Amen] indicated that [Attiah] and [Rand and Green] have 

held a protest against [Amen] *** and posted statements on [Facebook] indicating [Amen] 

will pay for her decisions on the board, that [Amen] thinks she’s safe; disapproval of 

[Amen’s] [Facebook] marketing of her firm; that she should stay in Waukegan, etc.” 

¶ 6 On April 21, 2021, Amen appeared for the plenary hearing on the three petitions while 

represented by counsel, LaTonya Burton. Respondents also appeared with counsel. The trial court 

issued the following order in all three cases:

“Case called at 1:45p.m. for plenary hearing; the original emergency request was 

denied; [attorney] Burton granted leave to file her appearance and requested a continuance 

to subpoena social media documents; [attorneys on behalf of respondents] objected to the 

continuance and to only setting this matter down for status for the next date; not for hearing 

but for status only.” 

¶ 7 On May 26, 2021, the trial court issued the following order in the matters, continuing for 

further hearing on July 8, 2021:

“Case up for status of subpoenaed material; *** Per Burton, Facebook responded 

with an email refusing to comply [with] subpoena indicating the court did not have 

jurisdiction; *** Burton granted leave to submit proposed order requiring Facebook to 

comply.” 

¶ 8 On June 1, 2021, Attiah filed a motion to quash subpoena, alleging that Amen issued an 

overly broad subpoena for posts on the Woodland D50 for In-Person Schooling Facebook page. 

Also on June 1, 2021, Attiah filed a motion to strike the stalking no contact petition for Amen’s

failure to respond to Attiah’s April 26, 2021, notice for a bill of particulars. The motion stated that 
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“Because the pleading in this case is insufficient, based on speculation, hearsay and 

is non-specific as to what statements and actions are attributable to each [respondent] and 

because petitioner failed to file her Bill of Particulars, the court can only assume that 

[Amen] filed the pleading without proper facts and evidence to support her claims.” 

¶ 9 On June 9, 2021, Amen voluntarily non-suited the three petitions. Respondents 

subsequently filed their own respective motions for sanctions, attorney’s fees, and costs pursuant 

to Rule 137. Attiah alleged that Amen was on the Woodland School District 50 board and running 

for re-election in April 2001. Amen was reelected to the board during the pendency of her petitions. 

As to the claims in Amen’s petition, Attiah’s attorney, Laura Horner, asserted as follows:

 “8. The statements attested to in the petition filed by the Petitioner, an attorney 

herself, are speculative, unsubstantiated, untrue and/or so vague a claim cannot be 

substantiated. 

9. The claims in the petition are generalizations of conversations either in person or 

on a public Facebook group. Had the allegations been true of written posts, the best 

evidence would have been the post itself. No copies or screenshots of the Facebook 

messages were attached to the petition or offered into evidence. Not even the alleged 

Facebook "post [that] was taken from my personal private page" was offered, even though 

[Amen] has access and control of that page.

10. Petitioner’s claim that [Attiah] took a post from a private page is not grounded

in fact. In actuality, the post was taken from a public post found on Petitioners individual

Facebook page, not a private post. Petitioner, an attorney licensed in the state of Illinois, 

attested and verified allegations which were untrue in an attempt to make the court believe 

that [Attiah] hacked into a private post on a private Facebook page.
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 11. [Attiah], in her capacity as a concerned citizen, sent a letter to the Woodland

School District 50 to complain about Petitioner's actions and behaviors as school board 

member.

12. As an elected official, Petitioner is subject to scrutiny and criticism in public 

forums as a product of debate and the democratic process.

13. Petitioner has no personal knowledge of the allegations made in her petition as

exemplified in her language of, "I was contacted," "Respondent allegedly," and "Either she 

is making the threats herself or she is culpable."

14. Petitioner makes broad, non-specific statements without proof of the 

statements, and the statement are not grounded in fact. Examples include: "uncivil," "They 

have written letters to my office under false names," and " went onto their page and other 

pages making statements about me...."

 *** 

16. As an attorney, and as being represented by an attorney, the Petitioner and the

attorney of record have a responsibility to file a pleading based on evidence and facts 

known to the Petitioner that are not hearsay or inadmissible conjecture. In addition, the 

Petitioner and her counsel have a responsibility to know that Illinois is a fact pleading state 

and specific facts were to be plead.

17. As a result of the above failure to plead specific facts, to plead only facts known 

to the Petitioner that are not hearsay and failure to plead facts which are true and correct, 

the Petitioner and her counsel have filed this petition for an improper purpose and to harass 

[Attiah].”

Rand and Green, both represented by Jason Mercure, each asserted that Amen’s petitions were 
2023 IL App (2d) 220031-U 

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frivolous. Rand’s motion made the following relevant assertions:

“8. [Amen] alleges that statements or posts were made on her private Facebook 

page, which was not private at the time and continues to not be a private page.

9. [Amen’s] claim that [Rand] took a post from a private page is not grounded in 

fact. A post was taken from a public post found on [Amen’s] individual Facebook page, 

not a private post. [Amen], a licensed attorney in the state of Illinois, attested and verified 

to the allegations which were untrue in an attempt to make the Court believe that [Rand]

hacked into a private post on a private Facebook page.

 *** 

11. [Amen] in fact knew and knows that [Rand] was not a part to any recording 

against [Amen] and states so in a post to [Rand], stating in part: “And while I know that 

you did not make that recording.” 

12. In a separate post, [Amen] stated in part: “I would hate to have harm done to 

my reputation based on words that are untrue.” The irony of this statement is that she 

apparently has no regard for her false allegations having any potential harm done to 

[Rand’s] reputation.

13. The Petition that was filed against [Rand] is frivolous, without merit, contains 

unsubstantiated or false statements and is inappropriate.” 

¶ 10 On July 29, 2021, Judge Matthews recused from any further proceedings in the matters due 

to the potential appearance of impropriety stemming from a May 27, 2021, text and phone 

conversation between him and Amen. The matters were assigned to Judge Simonian. 
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¶ 11 On September 22, 2021, the trial court held a hearing on respondents’ motions for 

sanctions.1 Before proceeding on the motions, the trial court conducted the following exchange:

“THE COURT: *** Next, we have got the hearing for the three motions for 

sanctions filed by the three Respondents. And I know there’s some different pleadings 

regarding each. However, due to the significant similarity, I am very happy to hear all of 

this at once. Boy, do I highly recommend it. I think we kind of got into that a little bit last 

time which all the parties agreed even though the Court understands that not every fact is 

relevant to each Respondent but, boy, there’s such similarity that it would be in everyone’s 

best interest *** for us to do that.

 *** 

BURTON: I apologize. May I ask so just for procedural purposes so I can follow 

along properly will it be Ms. Horner calls a witness, and then I cross then Mr. Mercure 

calls a witness and I cross and then he calls another witness on his other case then I cross? 

Are we doing it that way?

THE COURT: And the only reason, pretty much but here is just one thought I have. 

And that is if possible that, for example, Ms. Horner does direct on Ms. Attiah it is possible 

Mr. Mercure is saying, boy, I think there’s something related to Ms. Green or Ms. Rand 

that’s relevant here and I should be asking a question of Ms. Attiah. And I do believe that 

is potentially appropriate because if not he might end up asking one of the other CoRespondents in his case and, boy, I don’t want them coming back for questioning. So in 

1 The entirety of the hearing took place across multiple dates: September 22, 2021, October 

4, 2021, October 21, 2021, and October 27, 2021. 
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other words, I would ask the Co-Respondent for lack of a better phrase to ask questions. 

And then you may cross all at once, Ms. Burton. And, boy, if I screw up that order later on 

please remind me.

BURTON: The only issue I would have, Your Honor, is that Ms. Green and Ms. 

Rand are potentially witnesses. So I would make a motion first to have all witnesses not in 

the courtroom or in the zoom platform. Because if they hear something Ms. Attiah says 

and now in a sort of way Mr. Mercure will be acting as Co-Counsel because I am assuming 

you are allowing him to direct questions from Ms. Attiah. And then if he gets to talk with 

his clients, Ms. Green and Ms. Rand, they have heard the answer particularly of a witness 

or Co-Defendant. I don’t know how we are doing that. That’s my only concern about him 

then being also able to question Ms. Attiah unless that’s under cross. Otherwise, he would 

be like Co-Counsel if he is directing her as well.

THE COURT: Well, but it would be a couple things. One, I am not excluding 

litigants from being present. 

BURTON: Okay.

THE COURT: And even though I am not excluding litigants from being present, 

they have the absolute right to be here. That’s all there is to it. Now, to your second point 

was when Mr. Mercure talks is he doing direct or cross. Boy, I would think it would be 

more than official, for lack of a better phrase, the Petitioner if has to do it under direct and 

not cross. Because you would have a better argument later on that, he, he can’t, why should 

he be able to cross, who is more likely not an adverse witness even though not a direct, 

even though not his own person. You know what I mean.
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BURTON: Oh, yes. I understand that. I, just because I guess we are probably acting 

as if the cases are consolidated. I am trying in my mind so I can make sure procedurally so 

I can keep everyone different and be able to separate it. So if I guess I put in my mind that 

this is as if it’s a consolidated case then there would be all the litigants. Otherwise, they 

wouldn’t be litigants to Ms. Attiah’s case because hers is separate from Ms. Rand and Ms. 

Green. But if the Court is consolidating all the cases then I understand it. I know how to 

move appropriately. 

THE COURT: I don’t know if you want to consider it consolidated or not. But 

they’re so similar with differences that this Court wants it to be heard as to all parties. But 

I am going to allow them to be in. I don’t shut the Court off to litigants.

BURTON: Okay.

 *** 

[THE COURT]: So the bottom line is I think this is more efficient. And certainly 

you are welcome but you are going to get the final say on cross ***. Anything else before 

we start, folks?

MS. BURTON: No, Judge. Not from us.” 

¶ 12 Social media posts were entered into evidence that elucidated the events leading to the 

filing of Amen’s petitions. On March 12, 2021, Amen posted the following message about her law 

office to her public Facebook page: 

“If you rented that car for the weekend and put that brick of heroin in the trunk and 

the cops pulled you over, no worries, call me when you get to the county ***. I got you. 

The ladies of Bur-Men work on the weekend. Cause K-9 Dax is for sure working, so are 

we. It’s too nice to be in jail!!!.”
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Green re-posted the Amen’s message to the Woodlands District 50 for In-Person Learning 

Facebook group with her own advice: “Research your candidates before your vote.” Attiah 

responded with “Wow! That’s a nice business plug.” Rand responded that “there’s a lot more on 

her page.” Attiah replied to Rand’s post that “[i]t’s honestly like a train wreck.” Rand posted a 

reply to Attiah with a meme from a television program that read “It’s Funny because it’s true.” 

¶ 13 After being informed about the comments on the public Woodlands District 50 for InPerson Learning Facebook page, Amen posted the following message on March 27, 2021, to her 

campaign page:

“Now we know who is behind the targeted attacks!!! I need everyone who is a 

registered voter in my district who knows me and my character to come out and vote! There 

is a select group, who have hidden behind a private Facebook group called Woodland D50 for in person learning that have been behind the racial and vile attacks [on] me! Let’s 

stand up and show them we will not tolerate this. Apparently they are going onto my private 

page to make a case for why I am not a good candidate because I am a criminal defense 

attorney and represent [‘]bad people.[’]

Shari Green, Deb Attiah, Heather Rand, I am perplexed at why you all in particular 

seem to be so obsessed with me. I wonder if your Gurnee neighbors know that you all are 

behind a targeted racial campaign against me, so much so that the district has had to 

denounce your racist comments and statements against me. Going onto my private 

Facebook page and posting screenshots onto a private group is your business if you have 

nothing better to do, if that’s your research. I am a criminal defense attorney, I fight for 

people who are accused of heinous actions in our community, but I also fight for the 

children and teachers in our district. I don’t hide who I am. But you all hide behind secret 
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Facebook groups to hide the racial hate that you all continue to spew in this community. If 

you and your friends don’t think I’m a worthy candidate, that’s your choice[.] This is a 

democratic process, but to come after my family, my business and use race is disgusting 

and vile. That should not be what Gurnee is about. Don’t hide behind a closed group or 

fake accounts. I will not be run off.” 

Amen posted the same message to the Gurnee Town Square Facebook page. 

¶ 14 Green contacted school board president Carla Little and asked to contact Amen in order to 

put an end to the public vitriol espoused by Amen. Little provided Amen’s contact number and on 

March 27, 2021, Green texted to Amen the following message:

“This is Shari Green. I received your [number] from Carla. I reached out to her first 

as a member of my church. I can’t imagine what life has been like for you and your family 

with racially targeted threats and hate. I won’t pretend to understand. Although it is true 

that I don’t agree with some things you have said and posted, I have never disagreed 

because of race or said a derogatory thing because of race. I’m respectfully asking my name 

be removed from anything accusing me of racially targeted threats. I absolutely condemn 

this type of behavior and would never support it or contribute to it.” 

Amen responded to Green’s message with “Please do not contact me.” 

¶ 15 On March 28, 2021, Attiah sent an e-mail to the Woodland District 50 School Board 

membersto demand action against Amen’s public comments towards respondents. Her e-mail read 

as follows:

“I am writing to you today with a very serious complaint about one of your Board 

members, Renea Amen. I have not copied her here because of the severity of accusations 

she has made against me, without any standing, and two others in our community.
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While I can’t speak to the other two member of the Woodland D50 for In-Person 

Schooling Facebook Page, I will stand up for myself and defend myself and my family 

from the slanderous and vile statements that [Amen] is posting publicly as a Representative 

of our School Board and our Community. She has singled me out, with 2 others, and made 

false accusations of racial slurs and threats toward her, which are not warranted. If there is 

any evidence of such threats, it should be produced immediately to substantiate her claims. 

There is absolutely no evidence to tie me to any such threats or racial comments.

The only comments I have made were in response to other Facebook posts that are 

strictly related to her behavior during the public School Board Meetings, her inappropriate 

use of the F word during one such meeting while children were attending with their parents, 

how she came to be on the School Board, and another post that shared business statement 

by [Amen] which included drug references and single out Police Dog K9 Dax (which 

seemed very inappropriate to many). I have not attacked her, I have NEVER been in direct 

contact with her except today via Facebook to defend my name when she slandered me on 

her personal page, her Renea Amen for Woodland District 50 page, and also the Gurnee 

Town Square Page. Thankfully, the Admin took down her post on the Gurnee Town Square 

page last night after reviewing it ***. I have never made any racial comments, ever, toward 

her or anyone else as she is falsely claiming. 

As an attorney, [Amen] should understand the severity of her reckless accusations, 

the severity of slanderous statements she had made, and the consequences of character 

defamation. She should be held to the highest standards, following legal protocols. She 

cannot simply play games on Social Media, calling people out recklessly. This reflects 

poorly on our Board, and the Community as a whole. I have children in the District and 
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they should NOT be subject to smears like this either. And now other friends of [Amen] 

are also forwarding and posting her unfounded claims. 

I expect a written apology, both from [Amen] and the Board, within one week for 

her direct attacks (Sunday, April 4, 2021). If this does not happen, I will consider legal 

action, against her and the School Board.” 

Attiah sent an email to the school superintendent later that day asking the District to apply its 

policy condemning hate language and harassment equally to School Board members. Amen filed 

the petitions against respondents the following day, March 29, 2021.

¶ 16 Respondents each gave their own respective testimony as to the posts on Facebook such as 

how “tagging” works and privacy settings regarding the visibility of certain posts. Amen’s counsel 

objected, asserting that such testimony “calls for an expert opinion as to how Facebook works, at 

least someone from Facebook.” In overruling the objection, the trial court noted 

“Someone who uses [Facebook] may know that stuff, and someone who barely uses 

it is happy to have some education on it. And, boy, you are welcome to cross examine if 

she said something wrong. But it’s overruled.”

¶ 17 Amen testified as an adverse witness that she learned of a parent group opposed to virtual 

classrooms and the school board’s refusal to return students to in-person learning in Woodland 

District 50. She testified that she and “two male whites” voted to keep schools closed to in-person 

learning. Amen stated that she received a letter addressed to her at her law office before special 

school board meeting on reinstatement of in-person classes. Amen testified that she does not open 

mail at her law office, so a person from her staff read the letter and told her “they’re mad at you.” 

Amen was never read the contents of the letter, nor did she read the letter herself. She did not know 

who sent the letter and was unaware of any “troubling language.” 
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¶ 18 Amen alleged that on an evening in February 2021, one of her children heard a noise in 

their backyard. She recalled seeing footprints in the snow. She could not connect the noise and 

footprints to any of the respondents. 

¶ 19 Amen admitted that she was unaware of the privacy setting to her personal Facebook page 

or her campaign page, although she repeatedly referred to her personal page as “private.” She 

admitted that Green never personally contacted her at her home, office, email, phone, or any other 

manner aside from the text message sent on March 27, 2021. She claimed that there was a 

“recorded conversation” stating that when “these people get a little bit of money they think they 

can make decision for us. Why can’t she just stay in Waukegan, isn’t that the trash she represents?” 

However, Amen admitted that she never heard this “recorded conversation” and did not know who 

said it, except that someone named Dawn Martin told her it was Attiah. She could not confirm the 

“recorded conversation” even existed. 

¶ 20 As to her claim that an anonymous message to her Facebook account stated that Amen and 

her children were privileged, and that the sender knows where Amen lives, she could not provide 

proof or a screenshot of this alleged message. Further, she could not link the alleged message to 

respondents in any way. She testified that the message came from a “fake account.” Due to her 

concerns related to the alleged threats, Amen testified that she had to hire personal security. This 

consisted of increasing her ADT home security. 

¶ 21 Amen stated that she did not preserve any of the evidence related to the alleged threatening 

material because she was unconcerned at the time. She admitted that she was unaware of any calls 

to her office or personal phone from any of the respondents. She only could recall receiving 

communication from other names with the same viewpoints as the three respondents. 
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¶ 22 Respondents rested their cases and Amen’s counsel moved for a directed finding. 

Following arguments from the parties, the trial court denied the motion as to each respondent. 

¶ 23 Amen testified as a witness in her own case that she perceived the message that she “should 

go back to Waukegan” as “microaggressive racism,” because “racism is subjective to me. It doesn’t 

have to be what someone else thinks. It’s what I think. And even though it might not be somebody 

saying nigger, it’s basically saying, go back to Waukegan, *** go back to your kind.” 

¶ 24 Amen claimed to have no political motive against the respondents for their comments 

against her reelection or their opposition to her stance on in-person learning. As to the timing of 

her petitions, eight days before the election, Amen testified that she did not know the date of the 

election. She stated that she was in Hawaii when the election took place but was not sure how long 

she spent there. 

¶ 25 On November 26, 2021, the trial court issued a 21-page memorandum order granting 

respondents’ motions for Rule 137 sanctions and finding Amen responsible for the reasonable 

attorney’s fees and costs incurred due to her three petitions. Respondents’ testimony was deemed 

credible while the trial court did not find Amen’s testimony credible. The trial court went on to 

make the following findings:

 “These respondents were not doing anything threatening or harassing. They were 

doing the most encouraged of American activities: getting involved in their communities. 

They were talking with neighbors about the best things for their school system. Some 

communication was serious, others farcical. Not one bit of it was threatening or harassing. 

Petitioner's reference to them as racists with zero evidence was obviously more out of 

bounds as harassing than anything respondents did, though petitioner's conduct in that part 

of this analysis is not the issue.
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This is not a situation where there is no harm from petitioner asking for a motion 

to be granted. While not dispositive of the outcome, Petitioner used her status as a public 

official to intimidate ordinary citizens. Worse, this petition was filed one day after a 

respondent demanded the school board act against Petitioner for her public campaign 

against them. It's obvious to the Court that Petitioner wished to show them the 

consequences of public disagreement with her and quash their campaign and criticism of 

her. Oddly, these respondents had little to no contact with Petitioner. Can you imagine if a

local mayor sought court action against a constituent or constituents for little more than 

online campaigning against that mayor? There's essentially no difference between that 

scenario and this. Someone who dares to fight City Hall should be able to do so without 

fear of meritless litigation. It's not lost on the court that Petitioner labels herself as a 

criminal defense attorney and civil rights attorney while seeking this claim against ordinary 

citizens, though her status as an attorney is not essential to the court's finding.

It is easy to fear a possible misinterpretation to any result here. Either the Court 

protects a candidate for office or one's right to expression without fear of retaliation. Once 

Petitioner sought court intervention, Petitioner ensured one of those would lose. But since 

Petitioner had no reasonable basis for fear of any of these three respondents, that choice is 

made easier.” 

The trial court found that Amen “filed each petition without reasonable inquiry into its basis, that 

it was not well-grounded in fact and law, and *** done so for the improper purpose of harassment 

of political enemies and for political gain.” The trial court detailed false and/or misleading 

statements in Amen’s petitions as including, but not limited to, the following:

“1. my personal private page.
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2. that she does not have access to

3. There was a recorded conversation of the respondent allegedly that wished harm upon 

me

4. They have written letters to my office under false names

5. I asked her (Attiah) to stay away. She then emailed the Board in an effort to make contact 

with me.

6. (Respondent Rand) has been going onto my private page, is making threats herself...

7. (Respondent Green) got my phone number and called me even though I requested no 

contact.” 

The trial court concluded that “the untrue statements coupled with the misleading statements result 

in a false narrative that is not objectively reasonable to believe.”

¶ 26 On December 16, 2021, Amen filed a motion to reconsider. The trial court held a hearing 

on the arguments raised therein before issuing an order denying the motion on January 21, 2022. 

The trial court issued a separate order on January 21, 2022, assessing fees and costs against Amen 

in favor of respondents.

¶ 27 Amen then timely filed the instant appeal. 

¶ 28 II. ANALYSIS 

¶ 29 Of the numerous contentions raised by Amen in this appeal, only one is not directed at all 

respondents. We will begin our analysis with the contentions raised against respondents 

collectively, before addressing her pleadings issue against Rand. 

¶ 30 Amen contends that the trial court erred by holding a single hearing on respondents’ 

motions for sanction without consolidating the matters. The exchange detailed above (supra ¶ 11) 
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between the trial court and Burton reveals that Amen failed to raise an objection to the 

consolidation of the motions. 

¶ 31 Additionally, Amen contends that the trial court erred by failing to exclude each respondent 

from the hearing during the respective cases-in-chief when not acting as a witness. This contention 

is particularly baffling to this court. The only mention of excluding witnesses, aside from the 

exchange between the trial court and Burton detailed above (supra ¶ 11), occurred before the 

hearing when the trial court admonished the parties in the following manner:

“BURTON: Your honor, we will make a motion to exclude witnesses. I believe 

your admonishment does that but just formally for the record.

THE COURT: Okay. Motion to exclude is granted and I’m confident it’s reciprocal. 

I want to make sure everybody knows that. What the motion to exclude means against the 

litigants is that if somebody, we don’t want anybody listening to somebody else’s 

testimony. Okay. Respondent B may have a different witness who’s not here. You know 

my neighbor heard this or something like that. I don’t want that neighbor to be listening. 

Okay. You can’t listen to anything or be here *** if you’re going to be a witness. You are 

always welcome *** to listen if you are not going to be a witness. But the witnesses who 

would be here normally would be waiting in the hallway. Anything else before we start?

BURTON: No, Judge.” 

Our search of the record fails to reveal Amen registering an objection to the trial court’s decision 

on witness exclusion. Variations of the term “object” appear 306 times in the report of proceedings 

presented to this court. None of those appearances is related to Amen objecting to the trial court’s 

decision of exclusion of witnesses. Only understanding and acquiescence appear in response to the 

trial court’s explanations.
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¶ 32 When a party fails to raise a claim before the trial court, that party forfeits consideration of 

the issue on appeal. In re Marriage of Gabriel and Shamoun, 2020 IL App (1st) 182710, ¶ 72. The 

rationale for finding the claim forfeited is to “ ‘ensur[e] both that the trial court is given an 

opportunity to correct any errors prior to appeal and that a party does not obtain a reversal through 

his or her own inaction.’ ” Id. (quoting 1010 Lake Shore Association v. Deutsche Bank National 

Trust Co., 2015 IL 118372, ¶ 14). As the record is devoid of Amen’s objections regarding the 

issues raised in these two contentions, any contentions of error are forfeited. 

¶ 33 Amen next contends that the trial court erred in denying her motion for a directed finding 

after respondents had rested their cases-in-chief. This contention ignores the plain language of 

section 2-1110 of the Code of Civil Procedure (the Code). 735 ILCS 5/2-1110 (West 2020). 

Section 2-1110 states as follows: 

“Motion in non-jury case to find for defendant at close of plaintiff’s evidence. In 

all cases tried without a jury, defendant may, at the close of plaintiff’s case, move for a 

finding or judgment in his or her favor. In ruling on the motion the court shall weigh the 

evidence, considering the credibility of the witnesses and the weight and quality of the 

evidence. If the ruling on the motion is favorable to the defendant, a judgment dismissing 

the action shall be entered. If the ruling on the motion is adverse to the defendant, the 

defendant may proceed to adduce evidence in support of his or her defense, in which event 

the motion is waived.” Id. 

Following the denial of her motion for a directed finding, Amen presented evidence in her own 

defense. “A defendant who presents evidence on its behalf after its motion is denied waives any 

complaint that the denial of the motion was in error.” Evans & Associates, Inc. v. Dyer, 246 Ill. 

App. 3d 231, 239 (1993). As such, Amen’s contention of error on this issue is waived. 
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¶ 34 Next, Amen contends that the trial court erred by allowing respondents to admit evidence 

that was not introduced by their respective attorney. The evidence Amen complains of consisted 

of text messages and email communications related to the allegations in her original petitions 

against respondents. She argues that the evidence was admitted improperly under Illinois Rule of 

Evidence 105.

¶ 35 The admission of evidence is within the sound discretion of a trial court, and a reviewing 

court will not reverse the trial court absent a showing of an abuse of that discretion. People v. 

Becker, 239 Ill. 2d 215, 234 (2010). An abuse of discretion occurs where the trial court’s decision 

is arbitrary, fanciful, or unreasonable or where no reasonable person would agree with the position 

adopted by the trial court. Becker, 239 Ill. 2d 215, 234.

¶ 36 Rule 105 states as follows:

“When evidence which is admissible as to one party or for one purpose but not 

admissible as to another party or for another purpose is admitted, the court, upon request, 

shall restrict the evidence to its proper purpose or scope and instruct the jury accordingly.” 

Ill. R. Evid. 105 (eff. Jan. 1, 2011). 

Amen admits that the underlying proceedings were not tried in front of a jury, but nonetheless 

maintains that the admission of the evidence violated her right to due process and a fair trial. We 

disagree.

¶ 37 Rule 105 is inapplicable here. The text messages and email communications were 

admissible as to all respondents. “Relevant evidence” means evidence having any tendency to 

make the existence of any fact that is of consequence to the determination of the action more 

probable or less probable than it would be without the evidence. Ill. R. Evid 401 (eff. Jan. 1, 2011). 

All relevant evidence is admissible, except as otherwise provided by law. Ill. R. Evid 402 (eff. Jan. 
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1, 2011). Amen’s petitions made virtually duplicative accusations against all three respondents. It 

would strain credulity to agree that the evidence was admissible against one of the respondents 

while inadmissible against another. Moreover, a trial court is presumed to know the law, and we 

will ordinarily presume that it followed the law unless the record shows otherwise. People v. Groel, 

2012 IL App (2d) 090595, ¶ 43 (citing People v. Gaultney, 174 Ill. 2d 410, 420 (1996)). Nothing 

in the record suggests that the trial court’s admission of any evidence was in any way an abuse of 

discretion. 

¶ 38 Amen next contends that the trial court erred in allowing respondents to testify as expert 

witnesses when they testified to “certain technical aspects of Facebook” such as “privacy settings, 

public versus private pages, locking pages” and “whether certain information looks tagged.” Amen 

argues that respondents’ testimony required qualification as an expert because it was based on 

“scientific, technical, or other specialized knowledge.” See Ill. R. Evid. 701 (eff. Jan. 1, 2011). 

¶ 39 In deciding whether to admit expert opinion testimony, the trial court must consider 

whether the testimony would aid the trier of fact in understanding the facts. Towsend v. Fassbinder, 

372. Ill. App. 3d 890, 905 (2007). In general, the factors a trial court will consider include the 

complexity of the subject involved, the purpose for which the opinion is offered, its relation to the 

ultimate issue to be determined, and the danger of undue prejudice. Id. The decision to allow an 

expert to testify on matters of opinion lies within the discretion of the trial court. Id. We will not 

reverse an erroneous ruling unless the error was prejudicial or the result of the trial was materially 

affected. Id.

¶ 40 None of the respondents testified as experts during trial. There was no testimony to 

anything outside of the knowledge possessed by any normal user of the platform. Indeed, the trial 
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court addressed Amen’s objection to allowing Green to testify to her knowledge of Facebook use 

in the following exchange:

“THE COURT: *** There’s millions of Americans that can testify to what she’s 

talking about. I am not one of the millions, by the way. There’s millions who could. And 

the objection is overruled. She’s not talking about algorithms. She’s not talking about stuff 

that only a few dozen or whatever folks know about. She’s testifying to what all too many 

folks in this world know.” 

This explanation is applicable to the testimony of all respondents. They testified based upon their 

experience using Facebook, not a complex subject. Further, respondents’ testimony, while an aid 

to the trial court’s ignorance about Facebook use, was not central to the ultimate issue of whether 

Amen’s petitions were filed for an improper use and subject to sanctions. Finally, Amen fails to 

argue to this court how such testimony, even if improper lay testimony, was prejudicial or 

materially affected the outcome of the case. We can find no abuse of discretion in the trial court’s 

allowance of respondents’ testimony.

¶ 41 Amen next contends that the trial court erred in overruling certain objections her counsel 

made to “leading questions” by respondents’ counsel, while forbidding Amen’s counsel from 

asking leading questions of her during cross-examination. She cites individual instances in each 

respondent’s case where her counsel objected to what she deemed a “leading question,” only to 

have the trial court overrule the objection as foundational. Amen then cites a single instance when 

her counsel was told by the trial court not to ask leading questions during cross-examination. 

¶ 42 The propriety of permitting leading questions is a matter committed to the sound discretion 

of the trial court whose decision will not be reversed unless there has been a manifest abuse of 

discretion. Matter of Ketter’s Estate, 63 Ill. App. 3d 796, 802 (1978). 
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¶ 43 Our review of the record reveals that all parties were afforded a full and fair hearing. The 

record is replete with objections related to leading questions by attorneys for all parties. Nothing 

in the record suggests that the trial court’s rulings on those objections had an adverse impact on 

the fairness of the trial, let alone constituted a manifest abuse of discretion. Amen’s counsel had 

the ability to cross-examine all respondents. The trial court informed Amen’s counsel before trial 

that she would be afforded “the final say on cross.” Amen’s counsel did indeed have “the final say 

on cross” and utilized it with each respondent. Her argument on this issue invites this court to find 

prejudicial, reversible error by reducing a full and fair trial to a couple cherry-picked adverse 

rulings. We decline to do so and find no abuse of discretion in the trial court’s rulings.

¶ 44 Amen’s last contention directed at the collective respondents is that the trial court erred in 

granting their motions for sanctions pursuant to Rule 137. She argues, inter alia, that the trial court 

improperly ruled on respondents’ motions “as if it were a plenary hearing”, relied on unverified 

exhibits, and allowed irrelevant testimony and facts. The record does not support Amen’s 

contention. 

¶ 45 Rule 137(a) states as follows:

“Every pleading, motion and other document of a party represented by an attorney 

shall be signed by at least one attorney of record in his individual name, whose address 

shall be stated. A party who is not represented by an attorney shall sign his pleading, 

motion, or other document and state his address. Except when otherwise specifically 

provided by rule or statute, pleadings need not be verified or accompanied by affidavit. 

The signature of an attorney or party constitutes a certificate by him that he has read the 

pleading, motion or other document; that to the best of his knowledge, information, and 

belief formed after reasonable inquiry it is well grounded in fact and is warranted by 
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existing law or a good-faith argument for the extension, modification, or reversal of 

existing law, and that it is not interposed for any improper purpose, such as to harass or to 

cause unnecessary delay or needless increase in the cost of litigation. If a pleading, motion, 

or other document is not signed, it shall be stricken unless it is signed promptly after the 

omission is called to the attention of the pleader or movant. If a pleading, motion, or other 

document is signed in violation of this rule, the court, upon motion or upon its own 

initiative, may impose upon the person who signed it, a represented party, or both, an 

appropriate sanction, which may include an order to pay to the other party or parties the 

amount of reasonable expenses incurred because of the filing of the pleading, motion or 

other document, including a reasonable attorney fee.” IL. S. Ct. R. 137(a) (eff. Jan. 1, 

2018). 

¶ 46 The determination of whether to impose sanctions rests within the sound discretion of the 

trial court, and that decision will not be disturbed on review absent an abuse of discretion. Garlick 

v. Bloomingdale Township, 2018 IL App (2d) 171013, ¶ 25. An abuse of discretion occurs when 

no reasonable person could have shared the view taken by the trial court. Id. 

¶ 47 Rule 137 is intended to prevent the filing of false and frivolous lawsuits. Stiffle v. Baker 

Epstein Marz, 2016 IL App (1st) 150180, ¶ 32. The rule is designed to prohibit the abuse of the 

judicial process by claimants who make vexatious and harassing claims based upon unsupported 

allegations of fact or law but not to penalize attorneys or litigants who were zealous but 

unsuccessful. Id. The party seeking sanctions for a violation of Rule 137 bears the burden of proof 

and must show that the opposing party made untrue and false allegations without reasonable cause. 

Id. Since Rule 137 is penal in nature, it must be strictly construed. Id. 
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¶ 48 The record supports the trial court’s findings for Rule 137 sanctions against Amen due to 

the untrue allegations littered throughout her petitions. See supra ¶ 25. The evidence also fully 

supports the notion that sanctions were appropriate as the allegations in Amen’s petitions were 

wholly unsupported by facts or law. Indeed, the evidence tended to show that the petitions were 

designed to stifle respondents rights to speak out against Amen’s effort to gain re-election to the 

school board. The trial court explicitly found as such by noting

 “This is not a situation where there is no harm from petitioner asking for a motion 

to be granted. While not dispositive of the outcome, Petitioner used her status as a public 

official to intimidate ordinary citizens. Worse, this petition was filed one day after a 

respondent demanded the school board act against Petitioner for her public campaign 

against them. It’s obvious to the Court that Petitioner wished to show them the 

consequences of public disagreement with her and quash their campaign and criticism of 

her. Oddly, these respondents had little to no contact with Petitioner. Can you imagine if a

local mayor sought court action against a constituent or constituents for little more than 

online campaigning against that mayor? There's essentially no difference between that 

scenario and this. Someone who dares to fight City Hall should be able to do so without 

fear of meritless litigation. It's not lost on the court that Petitioner labels herself as a 

criminal defense attorney and civil rights attorney while seeking this claim against ordinary 

citizens, though her status as an attorney is not essential to the court’s finding.” 

Amen takes further issue with the last sentence in the above findings. She asserts that the trial court 

improperly relied on her status as an attorney in granting respondents’ motions for sanctions. This 

assertion is meritless. Rule 137 applies to both attorneys and litigants. See IL. S. Ct. R. 137(a) (eff. 

Jan. 1, 2018). Throughout the proceedings Amen referred to herself as an attorney. She took issue 
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in her petitions with respondents’ comments on her advertisement for services as an attorney. At 

no point in the underlying proceedings did she object or otherwise complain about being labeled 

as such. The trial court’s reference to her status as a criminal defense attorney in no way indicates 

that it relied on that status in granting the motions for sanctions. As Rule 137 applies equally to 

both attorneys and litigants, her complaints on this issue are a non-event. 

¶ 49 Equally meritless is Amen’s assertion that the trial court treated the hearing on respondents’ 

motions for sanctions as a plenary hearing for an order of protection. The argument is based on the 

trial court’s reference to the hearing as an “OP” near the end of the hearing on September 22, 2021. 

Burton then corrected the trial court by noting that it was a motion for sanctions brought by 

respondents’ counsel. The court then tells Burton, “You are right.” At the beginning of that 

hearing, the trial court referred to the matter as “a Motion for Sanctions and movant in this case is 

respondent.” The order awarding sanctions to respondents repeatedly refers to the motions for Rule 

137 sanctions. To state it mildly, Amen’s assertion that the trial was treated as a plenary hearing 

for an order of protection is based on a momentary misstatement by the trial court as opposed to 

any theory grounded in Illinois law or a reasonable person’s ability to read the report of 

proceedings. 

¶ 50 In sum, the trial court’s award of sanctions and fees in favor of respondents was not an 

abuse of discretion. The detailed order is supported by the evidence presented and we will not 

disturb those findings here. 

¶ 51 Finally, we must address Amen’s contention that Rand’s attorney fees were improperly 

considered by the trial court. She argues that because Rand’s prior attorney, Alan Lecysnski, in 

the underlying proceedings did not produce his own sworn statement as to the fees incurred, those 

fees should be disregarded. We disagree. 
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¶ 52 Rand’s attorneys fees were documented in what was admitted as respondent’s Exhibit 6. 

Rand authenticated the document with the following testimony:

“[MERCURE]: Is this respondent’s Exhibit 6 a fair and accurate portrayal of what 

that statement looked like?

[RAND]: Yes.

[MERCURE]: From Mr. Lecysnski’s firm?

[RAND]: Yes.

[MERCURE]: And, did you, in fact, pay money to his firm? 

[RAND]: Yes.”

To lay a proper foundation for a document, a party must present evidence that shows that the 

document is what it purports to be. Cordeck Sales, Inc. v. Construction Systems Inc., 382 Ill. App. 

3d 334, 378 (2008). The party can authenticate the document by providing an affidavit or by 

presenting testimony of a witness who has sufficient personal knowledge of the document. Id. 

Rand’s testimony was sufficient to authenticate the document. It was properly admitted into 

evidence and Amen’s arguments to the contrary are without merit. 

¶ 33 III.CONCLUSION

¶ 34 For the reasons stated, we affirm the judgment of the circuit court of Lake County. 

¶ 35 Affirmed.