Case Law - Challenge of Subject Jurisdiction
Case Law - Challenge of Subject Jurisdiction
Case Law - Challenge of Subject Jurisdiction
Thus, neither Judges nor Government attorneys are above the law. See United
States v. Isaacs, 493 F. 2d 1124, 1143 (7th Cir. 1974). In our judicial system, few more
serious threats to individual liberty can be imagined than a corrupt judge or judges acting
in collusion outside of their judicial authority with the Executive Branch to deprive a
citizen of his rights.
In The Case of the Marshalsea, 77 Eng. Rep. 1027 (K.B. 1613), Sir Edward Coke
found that Article 39 of the Magna Carta restricted the power of judges to act outside of
their jurisdiction such proceedings would be void, and actionable.
Judicial immunity may only extend to all judicial acts within the
courts jurisdiction and judicial capacity, but it does not extend to either
criminal acts, or acts outside of official capacity or in the 'clear absence
of all jurisdiction.' see Stump v. Sparkman 435 U.S. 349 (1978). When
a judge knows that he lacks jurisdiction, or acts in the face of clearly
valid Constitutional provisions or valid statutes expressly depriving him
of jurisdiction or judicial capacity, judicial immunity is lost.” Rankin v.
Howard 633 F.2d 844 (1980), Den Zeller v. Rankin, 101 S.Ct. 2020
(1981).
The jurisdiction over the subject-matter is the right of the court to exercise judicial
power over that class of cases, and is said to be essential, necessary, indispensable and an
elementary prerequisite to the exercise of judicial power. US v Cotton, 535 US 625
(2002); Joy v Two-Bit Corp., 287 Mich 244; 283 NW2d 45 (1938); Prosecuting Attorney
for Ingham County v American Amusement Co. Inc., 71 Mich App 130; 246 NW2d 684
(1976), cf, 21 CJS “Courts” § 18, p, 25. Without such jurisdiction existing, an order
entered by the court is absolutely void. In re Matter of Hague, 412 Mich 532, 544; 315
NW2d 524 (1982). Therefore, a defense based upon the lack of jurisdiction cannot be
waived and may be asserted at any time. Menna v New York, 423 US 61, 62-63 (1975)
(citing People v Carpentier, 446 Mich 19; 521 NW2d 195 (1994) cf, Fox v Board of
Regent of Michigan University, 375 Mich 238, 242; 134 NW2d 146 (1965).