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updated: 12/26/2011 6:33 AM

Dispute between bar, Carpentersville man borders on absurd

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An ongoing dispute between the Kane County Bar Association and a Carpentersville man who the association believes was trying to practice law without a license has gone from adversarial to almost absurd.

Robert Sperlazzo recently filed a complaint against the bar, Aurora attorneys Patrick Kinnally and Dean Frieders, and several judges, in a move to dismiss the "sham proceedings" that resulted in an injunction being levied against Sperlazzo earlier this year.

The bar association sued Sperlazzo in March, claiming he misrepresented himself as an attorney to two men at the Kane County Recorder's Office who were facing foreclosure.

According to the complaint, Sperlazzo was advising two men on Dec. 1, 2010, about a "land patent process" on how to keep their property even if they were in foreclosure.

The complaint stated that Sperlazzo took payment in cash and told the men to avoid the court system and not to talk to other attorneys because it would ruin the process.

Sperlazzo was issued an injunction prohibiting him from continuing this behavior; he has not been charged with any criminal offenses.

In court filings last week, Sperlazzo moved to undo the injunctions, saying that he was never served with the complaint, was the target of malicious prosecution and scoffed at the court's authority under the U.S. Constitution.

"I hereby challenge this court to show foundation and evidence as to when and where the Congress has ordained and established the Inferior Court of any other court in this State, without which such Courts have no jurisdiction or authority to hear this or any other matter," wrote Sperlazzo, who did not return a phone message.

He even quoted the Magna Carta in his 19-page complaint.

In a November court filing, Sperlazzo seeks a "protective order," $4 million in damages, and he attempts to convince the court to overturn his injunction and to fine Kinnally and Judge Thomas Mueller for their participation.

"I was compelled to appear via coercion, duress and menace. I have not at any previous hearing or by any previous pleading waive jurisdiction in Defendant's original cause of action, nor do I now waive jurisdiction or any Natural, Unalienable Rights," Sperlazzo wrote.

Kinnally, former bar association president, has filed a motion to dismiss Sperlazzo's complaint.

"This is a misuse and abuse of the court system. I think Mr. Sperlazzo has been practicing law in other counties other than Kane County," Kinnally said in a phone interview. "It's an abuse of the court system. I stand by that."

Judge Judith Brawka will hear the matter on Jan. 5.

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