Where the foundation of this case looks directly at the corruption of the judiciary/ not only in the current case, but as a conglomerate of cases that extend OUR NEED as a people to bring the judiciary itself to trial: an oath comes to declare; there is no choice.   Because we are denied redress of grievances/ a first amendment guarantee of the US CONSTITUTION.  And a fifth amendment guarantee of this state called ILLINOIS; the evidence is clear.         Not only denied to me/ but ridiculed, and removed from the courtroom with a claim (contempt, even to say the word redress;  in front of this jury) by the judge in trial 11TR22442 Champaign county court. 

"assure legal, social and economic justice";

RE: this portion of         THE APPEAL for JUSTICE/ THE REALITY OF CONSTITUTIONAL LAW/ the demand for fair play in a courtroom of law, where:  constitutional precepts are employed/ federal laws are exhibited/ the critical need for US first amendment rights DENIED is absolute and proven, by US SUPREME court cases 08-1339 & 11-100 ; & IL fifth amendment redress of grievances denied repeatedly in court cases.   The foundations presented in that evidence;   that demand for democracy in action FAILED by the court.  DOES establish the clear need for an investigation into conspiracy, against we the people;  within the courtrooms both state and nation.   Further this initiating jury tainted:

SECTION 1. INHERENT AND INALIENABLE RIGHTS

    All men are by nature free and independent and have

certain inherent and inalienable rights among which are life,

liberty and the pursuit of happiness. To secure these rights

and the protection of property, governments are instituted

among men, deriving their just powers from the consent of the

governed.

(Source: Illinois Constitution.)

 by the judge to believe contrary to its legal purpose which is to choose what is "the society we demand"; to control the judge and the law by establishing democracy rules here.  They are lead to believe this jury could only choose if a rule was broken, or not.  That rule, WAS OBEYED, WITHIN 95% compliance OF THE RULE, by me.  Is justified by the fine applied/ the judges threat of an additional $1,000.00.  And his demand:   you shall not even mention the word redress (a foundation law of both state and national constitutions, OR I will hold you in contempt.

That case is denied today, by supreme court rule 326 "dismisses the appeal for failure to comply with this court's rule."   "social and economic justice; "

Even though I had delivered the transcript of the case, as given to me by the court's stenographer, in pdf, on a disk clearly marked and established in the filings.  After paying $450.00 or thereabouts for that transcript/ the circuit court wanted an additional $180.00 "to push a button" and deliver the record on the internet.  Even though I had already paid for this transcript.

I declared that the IL constitution must rule: 

SECTION 12. RIGHT TO REMEDY AND JUSTICE

    Every person shall find a certain remedy in the laws for

all injuries and wrongs which he receives to his person,

privacy, property or reputation. He shall obtain justice by

law, freely, completely, and promptly.

They refuse.

I declare today, that the constitution must rule to you: demanding, 

SECTION 2. DUE PROCESS AND EQUAL PROTECTION

    No person shall be deprived of life, liberty or property

without due process of law nor be denied the equal protection

of the laws.

(Source: Illinois Constitution.)

And I command, that the purposes of our contract in democracy as we the people of this state and nation SHALL in fact be carried out as intended by this people    "eliminate poverty and inequality;" protect our lives (in order to provide for the health, safety and welfare of the people;).

         Constitution of the State of Illinois

    Adopted at special election on December 15, 1970

"the contract agreed to by the people of ILLINOIS"/ the oath sworn to uphold.

                          PREAMBLE

     We, the People of the State of Illinois ‑ grateful to

Almighty God for the civil, political and religious liberty

which He has permitted us to enjoy and seeking His blessing

upon our endeavors ‑ in order to provide for the health,

safety and welfare of the people; maintain a representative

and orderly government; eliminate poverty and inequality;

assure legal, social and economic justice; provide

opportunity for the fullest development of the individual;

insure domestic tranquility; provide for the common defense;

and secure the blessings of freedom and liberty to ourselves

and our posterity ‑ do ordain and establish this Constitution

for the State of Illinois.

(Source: Illinois Constitution.)

This appellate court has denied constitutional law, established,  and declared for me;   " He shall obtain justice by

law, freely, completely, and promptly." section 12.

The appellate court has denied constitutional law as established and declared for me "SECTION 2. DUE PROCESS AND EQUAL PROTECTION

    No person shall be deprived of life, liberty or property

without due process of law nor be denied the equal protection

of the laws.

(Source: Illinois Constitution.)

They state by dismissal:   rule 326 is greater than due process/ is greater than the IL constitution or this democracy.  It is not/ that is criminal contempt for our democracy, for our lives; a coverup to declare the judiciary "are immune: from BAD behavior".  It is NOT so/ that too is a lie, NOTHING in this constitution allows for judicial rebellion, RATHER the oath is very clear either protect our constitution, our state and nation: OR THERE SHALL BE PUNISHMENT.

This appellate court has denied constitutional law, established,  and declared for me;   "certain inherent and inalienable rights among which are life,

liberty and the pursuit of happiness."  My right to constitutional guarantees is threatened/ has been stripped from me, by a supreme court rule demanding money or no justice:   that is extortion.  Penal code 223.4   SEE 148A  2d  848, 850.  As proven true, by this denial/ pay them, an extreme cost "for electronically delivering the transcript" or due process will fail.

"To secure these rights and the protection of property, governments are instituted among men, deriving their just powers from the consent of the

governed."

  It is without doubt, that the "governed/ we the people" DID NOT allow or consent to:   " that justice and fair play/ the constitutional intent for our well-being" should be destroyed by a supreme court rule, demanding money.   That is then extortion.  BUT, Because it is more serious than theft, it is our democracy, our protection under law.  The fact, this is our home, this is our property, this is our lives, our future, and the children:   destroyed by a rule of the court which was never intended for justice/ but exists only for the purpose of obtaining money.  That is a traitorous alteration to section 12 IL constitution.

 That is fundamentally done without the consent of the constitution itself.  Which means your oath is broken/ the  people themselves and their constitution denied.  Which means you have destroyed the law in so doing, with your rule.

 Clearly intending: to  Become rulers thereby,  instead of employees with a job to do.  That is rebellion, against this people.  The act of a traitor against a free people.

The appellate court seeks to hide judicial conspiracy within the courtroom;   to deny constitutional redress of grievances both state and nation as presented by the evidence;  and through the evidence of nearly every court case presented by James F. Osterbur.  It is now fact, that a conspiracy exists.  That is traitorous, both in its outcome, and this coverup.   Because it contends that our democracy, OUR FREEDOM AND RIGHTS, are inferior to your superiority over the law.  That is not, the substantive acceptance of your sworn oath.  There is no merit in destroying constitutional law, with a rule.  You have no right to do that.  This is  participating in extortion/  destroying due process just to make money/ and refusing constitutional authority over you.  These things exist as anarchy against we the people, established and defined, by  failure of THE CONSTITUTION RULES.  That is a criminal act, and if proven supported by the judicial organization that exists/ then it is a criminal conspiracy against our state or nation. 

In addition to this under the designs and guarantees of IL constitutional law/ the foundation of law that is the US constitution amendment 4;    "The right to be secure....against unreasonable searches and seizures...."  And section 1 of the Il constitution; "... To secure these rights

and the protection of property, governments are instituted

among men,"   Not only is our democracy attacked/ our people bankrupted by the employees hired to govern us:   such things as the football stadium box, at a cost of 121 million dollars;  in Urbana IL;  proven as an extreme arrogance and a complete disregard for; this:  we the people.

 In US tax court case 11108-12L amendment 7 the demand for a jury trial by me the petitioner is returned as "improper" in the court.   Even though it is constitutional law.

That is treason, an outright and deliberate rebellion, against our government, which is the constitution itself.  In the issue of tax;   this case , its defendant the IRS refuses to identify or acknowledge money they owe me; the court allows it.  Denying justice to me/ participating in fraud and criminal conduct:   for the clear purpose of inflicting as much damage on me as possible.  Declaring frivolous the declaration of threats that can exterminate us all/ the refusal to obey constitutional law or fulfill the contract that is our constitution: "before you are paid/you must obey the law and provide redress".  Which is a legal demand for redress according to the first amendment.  And much more, as other court cases will prove.

A judiciary organized against we the people/ to deny our government that is the constitution itself.  A judiciary that refuses to obey the contractual demands, provide the guarantees, and protect the citizen with justice or fair play; as is constitutional law.  WORKS AGAINST US, the people both state and nation.  WHICH MEANS: that this IL judiciary MUST work for us as the state of IL to establish and demand our national constitution MUST BE OBEYED as well as this IL constitution.  Its your job. 

Established in this appeal as well is the fact that WE THE PEOPLE demand:   FAIR PLAY in all financial penalties: not the same price for rich or poor/ but a percentage of your income or property holdings is required to be fair.  INSTEAD OF SLAVERY FOR THE POOR (an extreme expense), and nothing but an irritation to the rich (pennies that don't matter).  It is completely unfair.

   Added is the fact, WE are the most incarcerated people in the civilized world: which means;   NO human rights here, as is plainly proven in that statement;   just treason.   " opportunity for the fullest development of the individual; insure domestic tranquility; provide for the common defense;" Denied.

ALL OF THESE THINGS AND MORE, are thrown from the court by these appellate judges John W. Turner    Robert J. Steigmann     Thomas R. Appleton.

Therefore this IL supreme court has been called upon to decide for itself:    Join the conspiracy or protect this democracy as you swore to do.   "It's a choice"/ make your decision.

proof of service:

I, James F. Osterbur, do hereby declare and prove that I have sent in this day June 23, 2012 by first class US mail service/ with postage prepaid.  A copy of this filing to the IL supreme court described above; at Supreme court building   200 E. Capital Springfield IL 62701

 to Illinois Appellate Court;   FOURTH DISTRICT

201 w. Monroe st.   Box 19206    Springfield IL 62794