Judge Terence M. Sheen
Circuit Court of the 18th Judicial Circuit
DuPage County
505 N. County Farm Road
Wheaton, IL 60187-3907

Dear Judge Sheen:

Re: IRMO Kost v. Kost, 94-D-1500

As one of many court observers I observed your failure to follow the law established by higher authority. Mrs. Kost has recently provided us with a copy of her Motion challenging any subject-matter jurisdiction purportedly conferred upon this court.

You have dismissed her challenge of the court's jurisdiction, but that does not prove that the court has subject-matter jurisdiction. Since there is never a presumption of jurisdiction in a statutory action, it leaves the court without jurisdiction.

Is it because you do not know the law as it pertains to subject-matter jurisdiction? As a jurist, you should know subject-matter jurisdiction is conferred only by law. Controlling authority requires that the Petitioner proves, from the record of the case, that subject-matter jurisdiction exists. Your attempt to have Mrs. Kost, the Respondent, provide evidence that you are without subject-matter jurisdiction is a violation of her due process rights, which normally would have deprived this court of subject-matter jurisdiction, but since subject- matter jurisdiction never existed in this case, it has no effect.

Further, higher courts have held that "a trial court's express finding that it has jurisdiction does not confer jurisdiction.", "a trial court's intent to retain jurisdiction does not confer jurisdiction.", "Neither does the court acquire jurisdiction by a mere recital in an order, which is contrary to what is shown in the record".

As a judge, you should have known that subject- matter jurisdiction is not conferred by latches or estoppel, nor can it be waived. Your allegation that the attorneys claim that subject-matter jurisdiction exists does not confer any subject-matter jurisdiction upon this court. The positive evidence must come from the record of the case.

Or, is it because you have previously inspected the record of this case, and have found that subject-matter jurisdiction does not exist? Apparently neither the Petitioner nor you have been able to provide the court any positive evidence that subject-matter jurisdiction exists in this case. The record of this case impeaches any claim of subject-matter jurisdiction. Subject- matter jurisdiction is not conferred by negative evidence.

We have intentionally left out the court citations to the above, to give you the opportunity to research the law and to find out for yourself how subject-matter jurisdiction is conferred upon a court. If you are unable to find the citations, we will be pleased to provide them to you.

Your actions have brought disrepute to your fellow jurists in DuPage County.

Yours truly,

CITIZENS FOR LEGAL RESPONSIBILITY
 

Tom Howard

cc: Internet; Judge Galasso; Judge Anderson

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November 25, 1998