You are on page 1of 3

From: Kimberley Bukstein <rule11stillapplies@hotmail.

com>
Date: Sat, Nov 30, 2013 at 12:23 PM
Subject: ALL Judge Knutsons orders are not merely void-able these orders are
already VOID.
To: S RUCKI <dcc.jdk@gmail.com>, "michelle@macdonaldlawfirm.com"
<michelle@macdonaldlawfirm.com>

ALL Judge Knutsons orders are not merely void-able these orders are
already VOID.
UNDER THE UNIFORM CHILD JURISDICTION AND ENFORCEMENT
ACT (UCCJEA) JUDGE DAVID KNUTSON CANNOT RENDER A CHILD
SUPPORT-CUSTODY DECISION IN CASE NO. 19AV-FA-11-1273, IN FACT
ALL OF DEFENDANT KNUTSONS ORDERS ARE VOID.
The Uniform Child Jurisdiction and Enforcement Act (UCCJEA) confers
subject-matter jurisdiction only to Minnesota district court rendering the initial
child custody determination, and that the court retains continuing, exclusive
subject-matter jurisdiction over all subsequent child-custody proceedings. In
Case No. 19AV-FA-11-1273 the initial child custody determination was issued
on May 12, 2011 by the court of Honorable Timothy D. Wermager, who retains
continuing, exclusive subject-matter jurisdiction over all child-custody
proceedings.
Under the UCCJEA jurisdictional component, Judge David Knutson has in fact
lacked subject matter jurisdiction to issue any orders throughout the history of
this case, and cannot render a child-custody decision nor modify or reserve
child support. Most recently Judge Knutsons supposed custody order dated
November 25, 2013 was issued Coram Non Judice and it along with all other
orders of Judge David Knutson in Case No. 19AV-FA-11-1273 are VOID for
lack of Jurisdiction. Judge Knutsons orders are not merely void-able these
orders are already VOID.
SUBJECT MATTER JURISDICTION OVER THE PARTIES IS NEVER
PRESUMED AND MUST BE PROVEN.
Judge Knutson cannot presume to assign himself jurisdiction in Case No. 19AVFA-11-1273. State and Federal Counts have consistently held that unless the
authority exists, the acts are Coram Non Judice[1], and are VOID. This rule is
universal. . . The jurisdiction is never presumed. These are principles too

familiar to require a reference to authorities. (Emphasis added.) IN RE


KAINE, 55 U.S. 103, 144 (1852) [W]hich are courts of limited jurisdiction and
whose jurisdiction is never presumed but must always be found in the strict
letter of the law. (Emphasis added.) WYNNE v. UNITED STATES, 217 U.S.
234 238 (1910)
DEFENDANT KNUTSONS FALSE PRESUMPTION OF JOURSDICTION
The record shows that throughout all the proceedings from July 14, 2011 to
date, Judge Knutson has falsely and stubbornly presumed subject matter
jurisdiction in Case No. 19AV-FA-11-1273. Yet the fact remains that Judge
David Knutson had no authority to become involved in Case No. 19AV-FA11-1273 on July 14, 2011, or to modify child support.
All acts of Judge David Knutson are Coram Non Judice under the UCCJEA
and are based on a false presumption of Jurisdiction over the parties. The
record also shows Defendant Knutson has engaged in actual bias and has failed
to provide a forum for testing subject matter jurisdiction. Judge Knutsons
child support order dated November 25, 2013 is VOID. The existing Child
support Order was issued on May 12, 2011 by the court of Honorable Timothy
D. Wermager, who retains continuing, exclusive subject-matter jurisdiction
over all child-custody proceedings.
Jurisdictional Provisions of the UCCJEA
There are two requirements under the UCCJEA for making or modifying a
custody determination: (1) the court must have a basis of jurisdiction under the
Act (i.e., subject-matter jurisdiction), and (2) the parties must be given notice
and opportunity to be heard. Personal jurisdiction over a party or childbased
on physical presence in or minimum contacts with the Stateis not required.
Moreover, a court that has personal jurisdiction over a party or child cannot
adjudicate custody unless it has a basis for exercising jurisdiction under the Act.
Regarding Conspiracy
Throughout the history of this case, (and especially in regard to the most recent
order) the following applies: Defendants each committed separate acts, but that
there was a "concert of action" in planning and execution. Defendants failed to
withdraw from the conspiracy prior to the completion of an overt act. Additionally,
Defendants are responsible for consequences of the conspiracy, whether they were part of
the original agreement, or not. A conspirator that "procures or conspires with another

to commit a crime .. .is guilty of everything done by his confederates which follows
incidentally in the execution of the common design as one of its probable and natural
consequences, even though it was not intended as part of the original plan." State v.
Hurst, 193 N.W. 680, 684 (Minn. 1922).
And never forget....

ALL Judge Knutsons orders are not merely void-able these orders are
already VOID.

[1] Coram Non Judice, Latin for "before one who is not a judge," is a legal term typically used to
indicate a legal proceeding without a judge, with improper venue, or without jurisdiction. Any
indictment or sentence passed by a court which has no authority to try an accused of that
offence, is clearly in violation of the law and would be coram non judice and a nullity. The
exception 'iudicis non sui', 'not his judge', is available at any time, including after judgment
(Bracton).

The proceedings are Void Ab Initio ("to be treated as invalid from the outset,")
Same for all the Does, Attorney Does, GAL Does, etc.
Based on information from Kim Bukstein.

The rule of law was not adhered to and the entire trial was simulated litigation.
This Judge is now Defendant David Knutson and is no longer Judge in these
proceedings.
Defendant Knutson has no jurisdiction in this case despite his claims or notion; he
cannot proceed in this matter.
The federal suit creates an automatic stay regardless of what he thinks. (i.e. Im not
concerned about the federal lawsuit. Im not going to hold that against your client. Were
going to proceed in this trial.)
Judge needed to declare Attorney MacDonald unable to stand trial and properly defend
the client on September 12, 2013. Ms. MacDonald stated that she was debilitated right
now and Defendant David Knutson allowed the trial to proceed.