Madison County Chief Judge Ann Callis will hear a motion barring a pro hac vice admission in an alienation of affection suit Friday.
Plaintiff Hugh Brandt filed the motion Dec. 7 to bar attorney David Ferman from representing defendant Rusty Churchman.
Brandt is suing Churchman for allegedly causing his wife to commit an affair and leave him.
The case is one that Callis transferred from retiring Madison County Circuit Judge Daniel Stack. Stack plans to retire at the end of his current term.
Brandt of Alton seeks damages of about $200,000 for the emotional pain he claims he and his children suffered when his wife of 14 years, Lesa Ann Brandt, left the family to live with Churchman.
According to the complaint, Hugh Brandt was informed by his wife of the affair in February 2009. She told him that she was in love with Churchman and soon after moved with him into a Godfrey apartment.
Hugh Brandt alleges that Churchman intentionally caused the dissolution of his marriage.
He argues that he has lost his wife's income and that his children have been unable to see their mother since she left.
In his motion to deny attorney David Ferman admission into the suit, Hugh Brandt contends that attorney Richard Bender filed the paperwork for the pro hac vice improperly. He also contends that Ferman had not supplied a letter from his local bar association supporting the admission and that pro hac vice status is not a given in a case.
Callis is set to hear the motion at 9 a.m. Feb. 5.
Brandt is representing himself.
According to case file, Churchman is represented by Bender.
The case is Madison case number 09-L-1131.