In CHAMPAIGN COUNTY COURT
For the State of IL
Urbana IL

CASE 09-LM1414
DATED:   3/01/10

OSTERBUR   V.   PROVENA, “and the doctor presented”

RE: AN ILLEGAL ACTION, by the judge Chase Leonhard

THE DENIAL OF DUE PROCESS, by asserting “the kindergarten assumption”/ that I would allow plain and simple LIES, FRAUD, AND THE CONSPIRACY to deny my first amendment right as constitutional law allows. I DEMAND LAW INSTEAD.  SHOW ME MY ERROR!  OR, present me with trial 09LM1414 as your oath (I SWEAR, to support the law, the people, and the nation) requires you to do.

The judge:  Having now refused the first and second opportunity to participate as an authority under the law, and in obedience to his oath.  First to simply obey the law, and provide this citizen “his day in legal court”.  And second to “try again” and find discipline and honor for the law and citizen, so that respect for the judge can exist has failed.  One last try will be made, to establish the law; prior to filing in federal court the necessary criminal, and legal charges that will come against this judge.  Contrary to the assertion of every judge that the constitution grants immunity to a sitting judge: the REALITY IS VERY DIFFERENT:   QUOTED IN THE CONSTITUTION VERY SIMPLY:   article 3, section 1“...the judges, both of the supreme and inferior courts, shall hold their offices during good behavior,...”

Its meaning is simple as well: fail to obey the law, respect the people their rights and needs, to do what you are paid to do as an employee of this nation, this state, this county:   and you are NOT protected under any form of immunity.  Because a judge is entitled to act only within the law, and for the purposes of the constitution and this people.  When a judge fails the law, refuses the constitution, and presents him or herself as a fraud before the people:   he acts in a criminal context of power, producing tyranny over the people/ while trying to rule over the people;  instead of acting as a  judge within the limits,  the law allows.  NO JUDGE is ruler/ all are employees derived from the citizenry, and ordered to do the job they have asked for, and sworn to uphold with dignity and honor for this nation.  None of that here, in this case, to date.
When it is proven, that the law, and the purpose of the law was intentionally harassed, and in fact destroyed as a protection of the people, by the actions of a judge.    He has broken his oath/ and now sits in direct criminal control, of a power and purpose that can only be described as treason or traitor to this nation.  Every oath contains the words “I swear”/ which means, I KNOW that if I fail to do the duty that I agree to do/ and DESERT my post for lesser things; then criminal charges and penalties shall be incurred.  Consequently, there is no cause or allowance that “the judge did not know” what he was doing.  He took weeks to reply, and made his decision with “clarity, and without ambiguity” as he promised to do.   He knew.
So now we view the reality of damage by criminal actions directed at me/ against WE THE PEOPLE of this nation/ AND against the nation itself, by defying the law, and asserting he is greater than the laws of this land.
1.  His desertion of duty arises as the entitlement of the defendant to charge me thousands of dollars in personal debt, which I do not owe.   Nor have I had my day in court, being denied with lies:   to prove that is so.  Which means because he acts without regard to justice:   he is a conspirator (whether acting alone, by the reality of ridicule and disrespect for me against the laws of this USA;   or in conjunction with the defense, by their purpose or not)   to steal not only my rights/ but my money, and the guarantees of a citizen in this nation.  This is an invasion of my life, and takes from me my own possession, not only in the security of the rewards of work due to me/ but the faith that I do not stand alone against organized crime in this nation.  In absolute defiance of the fourth amendment of the constitution of this USA, this judge seizes and controls my very right to defend myself. Tying me to the chair, “so to speak”/ while criminals suppose they can take anything they wish.  If the defense were not to be supposed as “criminal”/ then they will defend my right to court, instead of allowing due process to be denied.  The claim holds true, an act of utter disgrace in a courtroom of law; holds no value, because it is contempt for the citizen and the people of this nation.

2.  His disrespect for the value, purpose, and integrity of the law which is the first amendment to the US constitution/ granting me the legal right to redress of grievances as clearly is the law.  Establishes the word traitor, and identifies the ongoing collusion and conspiracy within the courtrooms of this land (further identified in US supreme case 08-1339) against this  people and against the law, clearly he is not alone/ but follows the example and command of the US supreme court in DEFYING THE LAW.  His actions follow other courtrooms, and thereby identify from least to greatest; that there is an organized criminal element devoted to obstructing justice and the right of this people to their government. 
This government is:   the constitutional documents that we have joined, in defense of each other; which do grant to each citizen their inherent and guaranteed rights, and duties, as a nation.
Our employees, are merely employees; and they are not granted the right to change this government or this nation: their job is to enforce the law/ the courtroom here and across this jurisdiction up to and including the US supreme court have proven themselves at war against this law.  Describing themselves as traitors defiling and disgracing our nation.  Identifying the reality of such a treason, establishes democracy has been sold, “to the power and pride of money/ instead of protecting the people and distributing justice”.
Criminal conspiracy IS NOT a legal right, or action/ so says the law.  Criminal fraud, and the intent to steal the guaranteed rights of every american citizen is a traitorous act.
3.  The foundation of a legal right in this nation, is built upon DUE PROCESS and the pursuance of justice. That is abandoned for the words of a child, playing “circuit clerk” and telling me “my use of language” isn’t quite perfect, so he can dismiss me without law, or rights, or the protection of due process or any conception that allows the possibility of justice.  Not only is the judge required by law to be lenient with me as a non lawyer; HE LIES, the judge understands perfectly, let society decide. And has been given his chance to make amends by explaining in detail exactly what he means, by does not understand.  He has refused.
A)   DUE PROCESS IS established by:  “the law will rule, not a judge; his or her duty is to respect that law,  aid and assist the citizen so that fair play and equality exist”!  Not so here/ the citizen is abandoned without honor, and given the useless ridicule and disgrace of a judge who wants power, instead of law.  Ridiculing not only me, but the nation itself. Harassing me with frivolous drivel and vomit.

B) DUE PROCESS IS ESTABLISHED HERE, in the words of the seventh amendment quote “in suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial shall be preserved....according to the rules of common law”.   Common law means:   within the language and understanding of the people themselves!  NOT an excuse by the judge to dismiss his duty, and proclaim a victory for the status quo.  Democracy is built/ NOT owned; certainly not owned by its employees.  We are the same as citizens, only the oath divides a judge and a litigant: he swears, the law will rule in this court, NOT him!
When the law is discarded, and the judge intentionally steps outside the law to become “a citizen with an opinion, or purpose not defined or protected by law”: then the rule of law shifts to protect the litigant with financial and legal damages according to, the injury inflicted upon the individual and the nation.   That will soon be discussed.
C) DUE PROCESS IS AN ORDER TO THE COURT:   that no judge shall , amendment fourteen section 1 quote   “....nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws”.    It does not say, a judge may pick and choose whatever law he or she wishes to obey.  It does not allow a judge may use “... repeated injuries and usurpations, all having, in direct object the establishment of absolute tyranny over these states...”  Or me!    That is,  A description from the Declaration of Independence/ appropriate, because after numerous trials, the intent and purpose of treason within the various courtrooms and levels of courtrooms in this state of IL and this nation of USA.  They have been proven an organized resistance:   a clear conspiracy against the first amendment right of redress of grievances/ and indeed any and all efforts to pursue justice in relation to the democracy that we are promised as OUR GUARANTEED RIGHTS.  Has been aborted, because a “few rulers and kings” play with our lives, by destroying our nation. These rights, this legal law of redress for the people; has never been exercised in this nation/ which means it stands under diversity jurisdiction: as a theft by the court, from every citizen in this land! An amount inestimable in value, to the people themselves.   The opportunity to contest does not exist, to a very large degree, in this nation. Because  Obstructionists and rebels have taken over the courts, in their acceptance to rule rather than define or accept the law of this land, specifically CONSTITUTIONAL LAW as our ruler/ NOT them. The criminal conspiracy has been laid, at the courts very door/ the reality of organization, proven from the top to the bottom in collusion together to defraud and destroy a law guaranteed to this people.

RE:   FAILURE OF A JUDGE, Chase Leonhard

1.  Having presented a fair, legal, and deliberate case before this judge/ and being refused DUE PROCESS, on three standing issues before the court:
a) I was charged for a service, I specifically stated prior to entering into the hospital:   anything but the emergency room/ and was told “yes we have fast track”; so I said yes.  But am charged for emergency room and by a doctor anyway.  NOT FAIR, and the judge now throws several thousand dollars of debt, in my face and ridicules my life by proving harassment and fraud (that ain’t, in service to the people or the law).  Through the frivolous assumption, that I would allow his “kindergarten words”/ to be an accepted,    instead of law.
b) having standing, because I am asked to explain myself/ I have  demanded a statement from this judge on the very simple procedural question:   can a circuit clerk, dismiss a docketed (passed all the rules) case, in any court; in this land?  A simple yes or no, and legal ruling to substantiate, are all I asked.  This judge throws me out, for asking the question. (that ain’t, in service to the people or the law).  And he declares “valid” in this courtroom:   that indeed “any assumption of express authority dies:   with words allowed to the circuit clerk, rather than the law” is enough to throw me out.  It is EXTREME injustice, to deny the law, by frivolous and fraud!  Which means in terms of criminal actions, the judge files a felony attachment, by seizing my guaranteed rights AGAINST, the constitution of law in this USA. Once the money has been paid, I AM DUE THE LAW THAT FITS MY CASE, from a judge.  We have entered into a contractual legally binding agreement:   I paid/ you deliver to me the law!  The judge claims Not so, “I will do whatever I want”/ so shit on you, “enjoy”.  Ain’t going to happen, without a fight.
c) being charged unfairly/ being again made aware of how absolutely imbalanced in power, the position of a citizen is when confronted by a medical need.  The demand was made in absolutely uniform methods as best,  the letter and intent of constitutional law provides: to produce for this nation, an opportunity as WE THE PEOPLE, under the first amendment redress of grievances in healthcare and other threats against our lives.  So that a jury, a county, and a state or nation can decide for themselves what is FAIR AND BALANCED AND A PROTECTION FOR THIS PEOPLE against the power that is surging against them, to destroy their very lives.  The judge replies, “ain’t going to happen here/ I/we control, NOT THE LAW”.  (that ain’t, in service to the people or the law).  The judge replies, by withholding the law, he is bound by oath to serve and protect.  Within this so-called court of law, IT IS,     A DESERTION OF DUTY/ THE ESSENCE OF FRAUD, AND A TRAITOROUS ACT, by the sitting judge.

2.  The multiplicity of actions or suits within this court has been discarded by the judge.  Having refused to accept that the doctor billing is in fact an absolutely joined facet of this case/ he has rejected not only my right to trial, but refused my equity to demand this shall be dealt with at the same time/ because it is the same case.  The reality;  an undisciplined court, the harassment of making me fight the same case twice, the disruption to all sides, and the failure of all cogent relationships that this is so.  Describes a judge that does not belong on a bench.
a)   The elemental action required of me to re-file against this doctor, and repeat this very process due to that filing; will not be so polite.   For clarity and without ambiguity, as did the judge promise me in his decision.  I state the facts: if you do not correct this trial, and bring it forward:   advertizing shall commence to establish whether this doctor “yoo” who left my ass full of grease (without the slightest means to clean it up) from a prostate exam/ does so with regularity to others.  Asking the community did he do the same to you.  If significant numbers say yes:   then class action will follow/ and he will be sued for harassment of us all.  If   none or few admit this happened to me/ then I will sue doctor “yoo” for ridiculing my life, harassing me, maliciously describing my life as to be “without respect”. The escalator clause being, this has inflated from being simply personal, to the platform of ridicule before a nation or world.   We will then proceed along these same lines, as this trial is simply excused at this moment by malfeasance of a judge
3.  The competency of a judge to hear, begs the question of coercion in this case;   and sets the stage to inquire of every judge and authority within this courthouse, as to whether they were influential in the decision made by this judge!  As this case represents NO SMALL MATTER, in redress of grievances/ or in the matter of due process here, or with regard to a circuit clerk denial from the US supreme court.  It is fair and legitimate to conclude, that others in his profession and within his familiarity of work, or circle of friends:   would be questioned as to how he might proceed.   Consequently the federal court shall be reminded: THEIR DUTY, IS TO THE PEOPLE OF THIS STATE AND COUNTY, to this nation!  They are to investigate this courthouse, this man, and determine WHO is truly responsible for this decision/ whether just one man, or more. For the sake of a nation. The word traitor reeks, of an action that substantially weakens the defenses of a nation.  The dismissal and subsequent evasion of a fundamental legal right, is such an action.

I GIVE YOU ONE WEEK, TO CHANGE YOUR MIND AND REINSTATE TRIAL 09LM1414 AS THE TRIAL PRESENTED, with immediate selection of jury and a trial date to begin.   OR THIS WORK shall be strengthened, and filed in federal court on or about the week beginning march 9, 2010. 

Today, it is a “black eye” to you/ because you chose to fail. But, if you choose better, and present a case for justice within the reality of first amendment law, and as the case deserves by the call for justice, within the law called redress for the people and for me.  Your career will survive/ I will help you, in the eyes of the people. Because it is the trial, that I choose/ it is the law that I demand:   not your career! Unless you fail to respect this opportunity to do better, granted to you.  This is as “gentle” as I get/ the failure to recognize that, allows you to be abandoned to whatever the law allows.  Both now, and in eternity.
WITH the intent of TRUE KINDNESS for you, I will suggest to you, because this trial is about life or death for a nation and even world;   your decision HAS CONSEQUENCES that are “literally heaven or hell”. And there is no going back/ one way, or the other. Fate gives this decision to you/ I merely instruct you, because eternity cannot be disproved: that this is, an important decision. It is NOT a threat from me; I have nothing to do, with your eternity.  Be careful what you choose.
“Tomorrow” :   if you refuse to reinstate this trial and give it the respect it deserves. This document will be delivered for advertizing as best I can across this nation. 
This trial,   will become a criminal case directed at removing you from your occupation/ and affixing penalties and fines for so doing. And asking, if the desertion of duty/ the description that disavows your oath of office does not include prison time. I do suggest you remember what happens “to sacrificial sheep”/ when the judges surrounding you decide you are a liability. Promises are worthless, when there is no honor.
I, do not attack you/ this is just “business”; is that not the american way?  The law attacks you, the law is my only weapon, my only tool for the sake of a nation and life on earth.  I do not attack you.  The question for the court is:   is this a nation governed by law, or organized crime?  Your answer determines the first construction of what is true or not true in that question.  The purposeful disregard of law, to achieve personal, or political goals and decisions regardless of damage done or legal and ethical rights removed. IS NOT LAWFUL!

CHOOSE! One side, or the other.

The trial for life, begins.

I, am the plaintiff, for life:
JAMES FRANK OSTERBUR
2191 COUNTY ROAD 2500 E
ST. JOSEPH IL   61873