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Kane County Chronicle

Judge rules for Geneva blogger in his continuing effort to quash summons

Plaintiff to file amended affidavit showing actual effort to serve the complaint

Gavel

A Geneva blogger, facing a $100,000-plus civil action, scored a small win in court this month, when a judge ruled that the plaintiff’s process server has to file an amended affidavit regarding his six unsuccessful attempts to serve a summons.

Kane County Circuit Judge Michael Noland is suing Jeff Ward, alleging he was defamed in a Jan. 31, 2025, online post stating the judge cheats on his wife.

The case is being heard in DeKalb County.

At issue is special process server’s affidavit, that he tried to serve a summons and the complaint at Ward’s house six times.

The process server noted how many times he rang the bell, knocked, saw lights on, heard a dog barking, saw cars in the driveway – but no one ever answered the door.

In an earlier ruling, DeKalb County Chief Judge Bradley Waller had approved an alternate method of service – including regular and certified mail and taping it to the front door of his house.

Ward, who is representing himself, said in previous court appearances that he has not answered his door since 1983, won’t accept certified mail, recycles regular mail and didn’t read anything taped to his front door.

In asking for Waller to reconsider his ruling for alternative service, Ward argued that just stating on an affidavit that he could not be served after “diligent investigation” needs to be more specific.

“The plaintiff claims the effectiveness of the alternative service as evidence by the fact that I was in court Aug. 6. No it doesn’t. ... Were it not for a local newspaper reporter inexplicably obsessed with me, I wouldn’t have known ... to be in court that day.”

Noland’s attorney Michael Scotti countered that the legal standard for serving summons is “reasonable not exhaustive” and that the affidavit more than met the legal requirements.

“He did everything reasonable under the law,” Scotti said. “I ask that you deny this motion and you again – once again – order the defendant to answer the complaint.”

Waller said he was ruling in favor of Ward’s motion so there would not be any dispute that could be appealed.

Scotti asked if Ward could be served while there in court.

“I would like him to voluntarily accept service so we can get rolling with this,” Scotti said. “But I don’t expect that’s going to be the case, since he does not answer his mail, he doesn’t answer his door, he’s admitted these things.”

Waller set Monday, Feb. 23 for a hearing on the amended service affidavit.

As a side issue, Scotti asked Waller to order Ward to stop harassing his secretary.

“In the course of professional communications of reviewing orders and updating people on such, he sent emails comparing her to his nagging wife,” Scotti said.

“He sent emails telling her I don’t pay her enough. He’s demeaned my personal character,” Scotti said. “These things are completely unacceptable.”

Though Ward has not had more recent “snarky communications,” Scotti said he was asking the court to speak on that.

Ward said his comment about Scotti’s secretary not being paid enough was a joke and that he saw as nagging two emails he received on a past court order while he was still on his way home.

“I could have responded to him the way he responded to me, to threaten me with specious litigation, calling me a coward, and being entirely unprofessional,” Ward said. “Or I could have made a joke that I don’t need to be nagged to approve your court order.”

Waller said he is a big proponent of the golden rule.

“Treat others as you want to be treated,” Waller said. “I think we go a long way if we are respectful to each other. ... I would just urge you – both of you – to respond as blandly as you possibly can.”

Brenda Schory

Brenda Schory

Brenda Schory covers Geneva, crime and courts, and features for the Kane County Chronicle