March 1, 1999

This week's entry into the Internet Incompetent Judge of the Week Contest is Judge Moshe Jacobius (Cook County, Illinois).

In three of the cases provided to Citizens, Judge Jacobius entered rulings in cases wherein he did not have subject-matter jurisdiction.  Why is it so difficult for a judge to understand the concept of subject-matter jurisdiction? Subject-matter jurisdiction is a basic concept of law.

If Judge Jacobius knew the law, he would know that all proceedings in a divorce court take place in a court of limited jurisdiction.  In all courts of limited jurisdiction, there is never a presumption that the court has subject-matter jurisdiction.  The determination of subject-matter jurisdiction must be established only from the record of the case, and not by the allegation of the judge or any party that the court has jurisdiction.

When a party denies that the court has subject-matter jurisdiction, then the party asserting that the court has jurisdiction, in most cases the Plaintiff/Petitioner, must establish from the record of the case that the court does actually and legally hold jurisdiction, and that no officer of the court, whether an attorney or a judge, has acted in any way to violate any law or any right of a party which would deprive the court of subject-matter jurisdiction.

In at least two cases, a motion previously had been filed that denied that the court held subject-matter jurisdiction.  The only lawful procedure that a judge must then immediately do is to inspect the record of the case to see if subject-matter jurisdiction was properly and lawfully invoked, and that lawful procedure was followed at all times.  If subject-matter jurisdiction was not present, the judges only lawful procedure is to dismiss/vacate the case at bar.

In these two recent cases, Judge Timothy Evans, although he did not have subject-matter jurisdiction, transferred the case to Judge Jacobius for his determination of the disqualification of a judge.  Since neither Judge Evans nor Judge Jacobius had inspected the record of the case and made no finding, based on the record of the case, that the court held subject-matter jurisdiction, Judge Jacobius ruled without subject-matter jurisdiction. The orders issued by Judge Moshe Jacobius were, and are, void, of no legal force or effect.

Judge Jacobius, please review your law school notes to learn the concept of subject-matter jurisdiction.

Judge Moshe Jacobius, if you want to learn some of the court decisions on subject-matter jurisdiction in courts of limited jurisdiction, please visit our web-site at Click here.

Citizens for Legal Responsibility.

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Created March 1, 1999

Last revised March 15, 1999