Tag Archives: Abuse of Process

Weekly Family Court Cabal Update, Michael Volpe & Megan Fox, Author, 1/12/22

Back To School With Stockton’s Very Own “Science Guy”, 45 year Stockton Science Teacher, Mr. Gary Underwood, by Lisa Nadig

No part of the following article may be reproduced, copied, or shared without the express permission of the author, Lisa Nadig. Ms. Nadig is a graduate of Stockton High School and DePaul University

Back To School With Stockton’s Very Own “Science Guy”, 45 year Stockton Science Teacher, Mr. Gary Underwood, by Lisa Nadig

September 23, 2021, Stockton School Board Meeting, Stockton, IL:

It’s time we all took a refresher course, a review of lessons learned in Science Class. Here to help us all do that is 45 year Stockton High School Science Teacher, Mr. Gary Underwood.

Mr. Underwood accepted my invitation to address the School Board meeting. He began by clearing up the definition of the word Science: “Science is the search for truth. But now, this isn’t Science, it’s Political Science.”Mr. Underwood then gave a brief review on Viruses. He asked us: “Have any of you ever seen a virus?” When nobody responded that they had, he said “You need an electron microscope to see a virus.” Before Mr. Underwood concluded his refresher course on Science and Viruses, he looked around the gymnasium and said: “There isn’t a single mask in this entire place that could stop a virus.”

I would like to thank Mr. Underwood for taking the time to come address all of us, and give us a refresher course. It seems to me that “Science” is a word that’s become a political weapon, that it means whatever drives a certain financial or political agenda.

I’m also grateful to hear that Mr. Underwood is not afraid of viruses to the point he would sit home in total fear and isolation, or endorse reliance on a thin piece of cloth to feel “Safe”. Safe. Wow! Now that’s another word misused to create fear. How many times do you hear every week: “Stay safe!” If I hear someone tell me “Stay safe” when I want to go to the grocery store, or any public place, I know they’ve already drunk the Kool-aid, and think that living in fear is somehow a really great thing. I’m reminded of the genius, late comic Georg Carlin, and his classic comedy routine on “Germs” where he credits the raw sewage in the Hudson River where he swam as a child growing up in New York city for his powerful immune system. https://www.youtube.com/watch?v=_gLLZ_D1Lqw&t=23s

It seems to me that the School Board who voted to keep the Mandatory Masking of our children feel safe enough to pick and choose where they wear the mask. In a small community like Stockton, many Board members are seen regularly defying the Mask Mandate at sporting events, stores, restaurants and bars. Yet, they expect our kids to wear one for 7-8 hours every day at school. Very inconsistent, isn’t it. If they really thought the mask was keeping them safe, they’d never take it off, would they.

Franklin Delano Roosevelt once said: “The only thing we have to fear is fear itself.” That’s as true today as it was when our country was facing the Great Depression, and World War II.

DUH!!! The Constitution Does NOT Grant Immunity For Lying To Remove a Child!!! 9th Circuit’s Epic Dis of Court/Gov’t Officials & Social Workers Dubious Claim Of “Right To Lie”.

California’s “Right To Lie” Case, Preslie Hardwick v. Orange County, Marcia Vreeken, Elaine Wilkins, The Estate of Helen Dwojack

But we didn’t know you couldn’t lie to the court. DUH!!! Liar, liar pants on fire!!! That line didn’t work on your Mother and it won’t work in Court!

Judge Stephen Trott, 9th Circuit’s Court of Appeals:How in the world could a person in the shoes of your clients possibly believe that it was appropriate to use perjury and false evidence” to remove a child from a parent, asked Judge Stephen Trott, a longtime member of the court appointed by Ronald Reagan in 1987. “How could they possibly not be in notice that you can’t do that?”

The panel did in fact reject the argument, and Trott wrote the opinion, which was released this week. Buried on page 13 is a line that artfully relays his incredulity at the argument: No official with an IQ greater than room temperature in Alaska could claim that he or she did not know that the conduct at the center of this case violated both state and federal law.”

BAM! Trott also provided a more precise dismissal of the constitutional appeal:

“… Government perjury and the knowing use of false evidence are absolutely and obviously irreconcilable with the Fourteenth Amendment’s guarantee of Due Process in our courts. Furthermore, the social workers’ alleged transgressions were not made under pressing circumstances requiring prompt action, or those providing ambiguous or conflicting guidance. There are no circumstances in a dependency proceeding that would permit government officials to bear false witness against a parent.” https://imprintnews.org/subscriber-content/9th-circuits-epic-dis-caseworkers-right-lie-case/23746

WATCH JUDGE TROTT HERE – BAM!!!!!! “Since the 1940’s the Supreme Court has held that there is a fundamental liberty interest that parents have in the care, custody and control of their children. That’s been on the books forever. I mean, I have a whole bunch of Supreme Court cases I can read from…They have that fundamental Constitutional right, and it cannot be impaired without due process of law.” The CPS “Right-to-Lie” Case, in which an attorney for CPS is asking a three-panel commission to ascertain if CPS has a constitutional right to take children from a home BASED ON PERJURY AND FABRICATED EVIDENCE-THE RIGHT TO LIE. https://www.youtube.com/watch?v=d_8-8IZLP4w

California Court of Appeals Affirms Mom’s $4.9 Million Award https://www.prweb.com/releases/fogarty-hardwick/social_services/prweb4157254.htm

“But we didn’t know you couldn’t lie to the court!DUH!!! Liar, liar pants on fire!!! https://onlinecles.com/orange-county-but-we-didnt-know-you-couldnt-lie-to-the-court/

Upcoming Online Seminar On Protection From Guardianship & Conservatorship Abuse, Mind Freedom International, 7/28 6-8pm EST

From MindFreedom International:

On July 28, from 6:00-8:00 ET, we will be presenting our 7th free monthly ‘Judi’s Room’ in the spirit of Judi Chamberlin who dedicated her life to organizing for human rights. This is a virtual event. Pre-registration is required HERE.

Judi’s Room is a partnership of MindFreedom International and I Love You Lead On.  

Why are we discussing the following topic?

Conservatorship/Guardianship: Protecting Vulnerable Individuals or Exploitation?

Brittany Spears leaked public testimony HERE on how she continues to be mistreated has brought much needed attention to the abuses rampant in the guardian and conservator system.  She has been stripped of her rights by a complex conservatorship which treats her as a money-making object and denies her personhood. People with disabilities, as well as the elderly are too easily taken advantage of under the false principle that it is “for their own good.”  Anyone can be vulnerable. The presenters will describe the control that guardians have and will engage in dialogue with attendees on what can be done to change a system that exploits those who are vulnerable. 

As with all previous Judi’s Room meetings, a panel of experts will share their perspectives, followed by a facilitated discussion.

Facilitator   

Jim Gottstein is the author of The Zyprexa Papers and founder of PsychRights whose mission is to mount a strategic litigation campaign against forced psychiatric drugging and electroshock. Susan Fitzmaurice is a lifelong disability advocate and disabled with multiple disabilities.  She has parented two young disabled people and made very different choices about guardianship resulting with very different consequences. She has a long history using the internet to provide disability support. Her first sexuality and disability website is over 25 years old.  She created the first web-based resources for people with disabilities after the Katrina hurricane. She currently is devoted to the ILove You, Lead On Community – a space where disability and all its intersections are celebrated. 
     Dohn Hoyle is the Public Policy Director of The Arc of Michigan and long-time advocate for the rights of people with disabilities. Dohn helped to rewrite the Michigan Mental Health Code to include person-centered planning and to eliminate the term mental retardation; was instrumental in the closure of specialized nursing homes for children and people with developmental disabilities, and the Regional Centers for People with Developmental Disabilities in his state.  Dohn convenes the Howell Group, an organization of people across Michigan who intend to see that people with disabilities have the opportunity to experience what we know is right and they desire, and Advocates Concerned with Integrated Care, a group of disability organizations representing the concerns of persons who are eligible for Medicaid and Medicare and receive supports.     Miranda Spencer is a staff editor at the webzine Mad in America.  A longtime journalist and media critic, specializing in health, science, and social justice, her work is informed by her lived experience in the mental health system.

Pre-registration is required. To register click HERE

To view/share a flyer for this event, click HERE

From One Mom’s Battle: Domestic Violence By Proxy

“A Message from OMB’s President (Rebecca Davis Merritt) and Vice President (Jennifer) about Domestic Violence by Proxy: You have probably seen OMB’s informational poster about why we advocate not using the term or “theory” of Parental Alienation. We post it once a month encouraging our readers to understand that the controlling behaviors of Cluster B parents in trying to place a wedge between the children and healthy parent is Domestic Violence by Proxy. The emotional abuse of a Cluster B is domestic Violence (DV). When a Cluster B personality disordered individual enters the family court system they wage war upon the healthy parent.

They may have been absent parents never attending school, medical or dental appointments but suddenly they attend everything, preening as the doting father or mother and may push for custody. Custody is seen as a prize. The goal is to hurt the healthy primary parent and save money via child support calculations.

As part of that push they groom children to see their healthy parent as untrustworthy and self-centered (projection), with divorce or separation their fault while portraying the Cluster B parent as wounded and needing the children to shower him or her with love and affection. Children often respond to this gaslighting by siding with the abusive parent. The Cluster B parent often blames the healthy parent for his or her own actions, claiming parental alienation (PA). If the children distrust Cluster B parent based upon a history of abusive behaviors, this estrangement is labeled as PA. The healthy parent, unfortunately, is at serious risk of losing custody  in family court.

Men who physically batter their former partner are much more likely to gain custody than the healthy parent.  Courts have been taught that women claiming DV in family court are usually lying and using this false claim to secure custody. Even when DV claims are accepted, courts falsely believe DV only affects direct victim and that abusers can be good parents to their children. Once Cluster Bs have the children away from the healthy parent, they use manipulation and other forms of abuse to convince the children that their other parent never loved them and are untrustworthy. Alina Patterson (2003) first defined Domestic Violence by Proxy or DV Proxy. DV Proxy is a pattern of behavior where a parent with a history of using domestic violence, or intimidation uses the child (as a substitute) when s/he does not have access to the former partner. Continuing the cycle of domestic violence, the cycle of Domestic Violence by Proxy starts when the victim leaves the abuser and the abuser learns the easiest way to continue to harm and control the former partner is through controlling access to the children.

Once the abuser has control of the children they are able to continue stalking, harassing and abusing the former partner even when the abuser has no direct access. DV can manifest in ways such as threats to the children if they display a close relationship with the former partner, destroying the children’s favorite possessions given by the former partner and emotional abuse. Children are often coached to make false allegations about the parent.DV by proxy is very deliberate and planned. The abusers know what they are doing and chose their controlling, coercive, and illegal behaviors. The behaviors are usually surrounded by threats and fears and often include “battery, destruction of property, locking children in rooms to prevent them from calling parents, falsifying documents, along with other similar overt behaviors.”

As the leadership council suggests, “Calling this behavior “parental alienation” is not strong enough to convey the criminal pattern of terroristic behaviors employed by batterers.” Unlike Gardner’s discredited PAS theory, the behaviors associated with DV by proxy are visible. Gardner stated the behaviors by the “alienating parent” were unconscious or unseen. This is one of the scarier components in Gardner’s theory because you cannot defend yourself against unseen things. Many healthy parents have found themselves trying to defend themselves against these unseen behaviors.

Family court professionals often fail to understand the presence and implications of both domestic violence and Cluster B psychopathology. Thus family court usually encourages unfettered access of the children to abusers. Family court judges and lawyers often work to punish healthy parents reporting bona fide abuse. Yet, they often seem to believe the victim stories told by abusers. Court officials often seem slow to recognize how family court itself can be abusive, particularly protracted, repeated, unnecessary court hearings used by the abuser to drain the financial and emotional resources of the healthy parent. Children may be placed with the abuser while the healthy parent is discredited through accusations of mental illness or PA. Other professionals involved including GALs, evaluators, therapists, etc. often take on responsibilities that are beyond their skill level. Antisocial and or Narcissistic personality disordered parents with good impression management skills are adept at “conning people, or gaining sympathy, and can win the trust and support of a family court professional while turning that same person against their ex-partner.”

The main goal of the abuser is s/he will end up with complete control over the children and will use this power over his former partner, “who tried to escape the power and control of the once abusive marriage.” They do not care if the children are harmed as long as their former partner is hurt and they feel they have won. It is imperative that the healthy parent and attorney understands how to use DV by proxy to counter and claims of parental alienation.

The following links may also be helpful: http://www.thelizlibrary.org/liz/Hoult-PASarticlechildrenslawjournal.pdfhttps://www.leadershipcouncil.org/1/pas/dv.htmlhttp://www.dvleap.org/Programs/CustodyAbuseProject/PASCaseOverview.as 

###One Mom’s Battle: Our mission at One Mom’s Battle is to increase awareness of Cluster B personality disorders (Narcissistic Personality Disorder, Antisocial Personality Disorder and Borderline Personality Disorder) and their impact upon shared parenting and the Family Court System which includes Judges, CPS workers, Guardian ad Litems (GAL), Parenting Coordinators (PC), Custody Evaluators, therapists and attorneys. Education on Cluster B disorders will allow these professionals to truly act in the best interest of the children.

History of One Mom’s Battle: In 2009, One Mom’s Battle began with one mother, (Tina Swithin), navigating the choppy waters of a high-conflict divorce in the Family Court System. Since then, it has turned into a grassroots movement reaching the far corners of the Earth. Tina’s battle spanned from 2009 – 2014 during which time she acted as her own attorney. Ultimately, Tina was successful in protecting her daughters and her family has enjoyed complete peace since October 2014 when a Family Court commissioner called her ex-husband a “sociopath” and revoked his parenting time in a final custody order.Tina Swithin: Tina Swithin’s books are available online at Amazon (print, Kindle or audio format). Each year, Tina offers life-changing weekends of camaraderie and healing at the Lemonade Power Retreat.  Tina also offers one-on-one coaching services and a private, secure forum called, The Lemonade Club, for those enduring high-conflict custody battles.”https://www.onemomsbattle.com/blog/domestic-violence-by-proxy

IL Mom Sues Judge, Ex & GAL For $8M-The Complaints

Here is a copy of Ms. Hadzi-Tanovic’s Federal Complaint against ex-husband Slabodan Pavlovich, Associate Judge Robert W. Johnson, and former powerful attorney David Pasulka, who acted as the Guardian ad Litem on the Case. Pasulka also formerly headed a secret list of lawyers chosen for the highly lucrative appointments as GAL’s & Child Reps in Cook County Chicago. Recently, the IL ARDC finally acted to disbar Pasulka, after many years of ignored complaints. True to the pattern of bad judges and lawyers protecting one another through the IL ARDC, Judicial Inquiry Board, and the head judge offices, they only acted after significant publicity. Sadly, bad judges and lawyers continue causing serious harm to children and families on a routine basis, only facing consequences once the negative publicity finally becomes too great to ignore. In this case, the IL ARDC finally acted against Pasulka only after attorney Lawrence Thompson’s open letter calling for the resignations of Cook County’s head judges Tim Evans and Grace Dickler, for allowing Paulka to remain in power, was aired on CBS Channel 2 News. https://songsunsilenced.wordpress.com/2021/03/23/attorney-claims-top-chicago-judges-enabled-embattled-lawyer-david-pasulka-to-have-unchecked-power-in-selecting-family-lawyers/

“Aneta Hadzi-Tanovic, leader of the local Illinois Women’s Coalition, has filed an $8 million federal lawsuit against Family Court judge Robert Wade Johnson, the GAL, and her ex for conspiring to deprive her under the color of law of her right to due process and equal protection, as well as for the intentional torts “abuse of process” and “intentional infliction of emotional distress”.

Aneta’s custody nightmare mirrors women’s cases all over the country and world in which Family Court judges disregard substantial negative evidence about the father, and fabricate negative evidence about the mother, in order to justify switching custody to the father.”  Mom Sues Judge, GAL and Ex For $8M In U.S. Federal Court

LAWSUIT COUNTS
1. Conspiracy to deprive of due process [42 U.S.C. §1983]
2. Conspiracy to deprive of equal protection under the law [42 U.S.C. §1983]
3. Abuse of process [intentional tort]
4. Intentional infliction of emotional distress [intentional tort]

Attorney Claims Top (Chicago) Judges Enabled Embattled Lawyer David Pasulka To Have Unchecked Power In Selecting Family Lawyers

#nataliekoga #exposethecorruption

“We will never know the number of children and parents and spouses who have been impacted by this,” Thompson said.”

Attorney Claims Top Judges Enabled Embattled Lawyer David Pasulka To Have Unchecked Power In Selecting Family Lawyers

By Charlie De MarAugust 4, 2020 at 10:51 pm

CHICAGO (CBS) — A Chicago area attorney on Tuesday was calling for the resignation of Cook County’s chief judge and the presiding judge of the Domestic Relations division, for allowing what he calls unchecked power in how attorneys are selected by the courts in messy divorce cases.

As CBS 2’s Charlie De Mar reported, the committee that selects those attorneys has been chaired by David Pasulka, who is now facing allegations of sexual assault.

Pasulka has hand-picked and curated a list of family attorneys. If you’re on the list, you’re eligible to be tapped by a judge to represent children caught in the middle of divorce cases – and it pays well to get on the list.

“The list can harm children,” said attorney Lawrence Thompson.

Pasulka was selected more than 20 years ago by a judge to hold this powerful role of gatekeeper.

In a 2016 picture posted to Facebook, Pasulka posed with the current presiding Cook County Judge for the Domestic Relations Division, the Honorable Grace Dickler.

“We will never know the number of children and parents and spouses who have been impacted by this,” Thompson said.

Thompson wrote a letter to Judge Dickler and Cook County Chief Judge Tim Evans, raising concerns about the list, who is on it, and the power Pasulka has held for decades.

“There’s a crystal clear conflict of interest,” Thompson said. “It created an incentive for those attorneys to favor Pasulka in the divorce litigation.”

In the letter, Thompson says Pasulka had the ability to blackball opposing attorneys from the list – or remove a lawyer already on it – so it benefitted Pasulka’s competition to toe the line, potentially putting profits over the interests of the child

“Pasulka, if the allegations are accurate, was doing some horrible things for a long time,” Thompson said.

In a complaint filed with the Illinois Attorney Registration and Disciplinary Commission, Pasulka is facing allegations of sexual assault and exchanging a favorable custody recommendation in divorce case in exchange for sex.

Most recently, Pasulka was charged with driving drunk in a Glenview McDonald’s parking lot.

“I tried doing something good for the system a long time ago,” Thompson said. “I failed.”

Thompson took Pasulka to court unsuccessfully some 15 years ago raising similar concerns about Pasulka and the conflict of the screening committee.

“I want the system to change,” Thompson said.

In the letter sent on Tuesday, Thompson wrote: “The administration selected a bully-pervert, and put him in charge of regulating which of his associates would be the high-income in-crowd in the Cook County domestic relations courts.”

Thompson is calling for chief Judge Evans and Judge Dickler’s resignations, accusing them of enabling Pasulka through the unchecked power given to him

“I would hope that they would have an investment in cleaning up the system now,” Thompson said.

Thompson does acknowledge and does not shy away from the fact that his is personal for him. When Thompson went through a divorce, Pasulka represented his ex-wife in a divorce case.

Pasulka has been suspended from serving as guardian ad litem in Cook County; Judge Dickler, who presides over domestic relations cases, prevented him from doing so when she found out about the complaint, according to a spokesperson for Office of the Chief Judge of Cook County.

Dickler also suspended Pasulka from “any other Court Committee to which he has been appointed” in the domestic relations division due to the “serious allegations” in the complaint, the spokesperson said.MORE NEWS:Celebrate Patrick Kane 1,000 Games With The Blackhawks

Also, a spokesperson for Chief Judge’s office declined to comment, citing Supreme Court rules on the letter submitted by Thompson because of the open ARDC case against Pasulka. https://chicago.cbslocal.com/2020/08/04/attorney-claims-top-judges-enabled-embattled-lawyer-david-pasulka-to-have-unchecked-power-in-selecting-family-lawyers/

David Pasulka, Chose Cook County GAL’s & Child Reps, Arrested & Stripped of Law License

Facing Sexual Assault Charges, Powerful Attorney And Former Guardian Ad Litem David Pasulka Is Stripped Of Law License

“Pasulka chaired a secretive committee that selects child representatives and guardians ad litem — attorneys appointed to represent the best interests of children in the midst of custody disputes — for more than 20 years. An attorney who works in the division wrote a letter to Cook County Chief Judge Tim Evans and Judge Grace Dickler, who oversees the domestic division, calling for the two judges to resign for allowing Pasulka to remain in power.”

Author: CBS 2 Chicago Staff January 6, 2021 at 9:35 pm

CHICAGO (CBS) — Once-powerful Chicago attorney David Pasulka was facing more trouble Wednesday, as a state board stripped him of his law license.

Pasulka is already facing criminal charges related to sexual assault and abuse allegations, including accusations that he offered to recommend a parent get full custody of her children in exchange for sex with him.

He is also accused of sexually assaulting several employees.

Pasulka was charged in August with one count of criminal sexual assault, one count of aggravated criminal sexual abuse and one count of criminal sexual abuse — charges that could carry a sentence of up to 15 years in prison.

On July 23, CBS 2 reported Pasulka was accused by the Illinois Attorney Registration and Disciplinary Commission (ARDC) of offering to recommend a parent get full custody of her children if she had sex with him and touching her inappropriately during a meeting in 2016. The complaint also detailed allegations of repeated sexual assault of several employees at his law firm, Pasulka & Associates. https://chicago.cbslocal.com/2021/01/06/facing-sexual-assault-charges-powerful-attorney-and-former-guardian-ad-litem-david-pasulka-is-stripped-of-law-license/amp/?fbclid=IwAR3cAoiwG9pnEBzXW9FDQdfC7VXqtm3kbBjrFP0-4KCWFmqrd8JRurHH400

Fraud On The Court-No Statute of Limitations

In Part one of this continuing series “Fraud on the Court”, we discussed the definition of Fraud on the Court, how it vitiates or sets aside all orders from a court tainted by fraud on the court, and included many case law examples. https://songsunsilenced.wordpress.com/2020/09/06/fraud-on-the-court-pt-1-definitions-and-case-law/

Today we begin the first part of understanding the statute of limitations for Fraud on the Court: QUITE SIMPLY, THERE IS NO STATUTE OF LIMITATIONS FOR FRAUD ON THE COURT.

“Exceptions[edit] (To Statutes of Limitations)

U.S. jurisdictions recognize exceptions to statutes of limitation that may allow for the prosecution of a crime or civil lawsuit even after the statute of limitations would otherwise have expired. Some states stop the clock for a suspect who is not residing within the state or is purposely hiding. Kentucky, North Carolina, and South Carolina have no statutes of limitation for felonies, while Wyoming includes misdemeanors as well. However, the right to speedy trial may derail any prosecution after many years have passed.[50]

Fraud upon the court[edit]

When an officer of the court is found to have fraudulently presented facts to impair the court’s impartial performance of its legal task, the act (known as fraud upon the court) is not subject to a statute of limitation.[51][52] This mainly covers a “fraud where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”[53] In this regard, the U.S. Court of Appeals for the Third Circuit has stated the following:

In order to meet the necessarily demanding standard for proof of fraud upon the court we conclude that there must be: (1) an intentional fraud; (2) by an officer of the court; (3) which is directed at the court itself; and (4) in fact deceives the court.[52]

Officer of the court in general includes any judgelaw clerkcourt clerklawyer, investigator, probation officerrefereelegal guardian, parenting-time expeditor, mediator, evaluator, administrator, special appointee, and/or anyone else whose influence is part of the judicial mechanism.[54]

https://en.wikipedia.org/wiki/Statute_of_limitations#Fraud_upon_the_court

Fraud On The Court, Definitions & Case Law

1.Who is an “officer of the court”?
2. What is “fraud on the court”?
3. What effect does an act of “fraud upon the court” have upon the court proceeding?
4. What causes the “Disqualification of Judges?”

  1. Who is an “officer of the court”?A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
  1. What is “fraud on the court”?

Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in “fraud upon the court”. In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985), the court stated “Fraud upon the court is fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, false statements or perjury. … It is where the court or a member is corrupted or influenced or influence is attempted or where the judge has not performed his judicial function — thus where the impartial functions of the court have been directly corrupted.”

“Fraud upon the court” has been defined by the 7th Circuit Court of Appeals to “embrace that species of fraud which does, or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery can not perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore’s Federal Practice, 2d ed., p. 512, ¶ 60.23. The 7th Circuit further stated “a decision produced by fraud upon the court is not in essence a decision at all, and never becomes final.”

  1. What effect does an act of “fraud upon the court” have upon the court proceeding?

“Fraud upon the court” makes void the orders and judgments of that court.
It is also clear and well-settled Illinois law that any attempt to commit “fraud upon the court” vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934) (“The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions.”); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) (“The maxim that fraud vitiates every transaction into which it enters …”); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) (“It is axiomatic that fraud vitiates everything.”); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).

Under Illinois and Federal law, when any officer of the court has committed “fraud upon the court”, the orders and judgment of that court are void, of no legal force or effect.

  1. What causes the “Disqualification of Judges?”

Federal law requires the automatic disqualification of a Federal judge under certain circumstances.

In 1994, the U.S. Supreme Court held that “Disqualification is required if an objective observer would entertain reasonable questions about the judge’s impartiality. If a judge’s attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified.” [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).

Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) “is directed against the appearance of partiality, whether or not the judge is actually biased.”) (“Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.”).

That Court also stated that Section 455(a) “requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that “It is important that the litigant not only actually receive justice, but that he believes that he has received justice.”

The Supreme Court has ruled and has reaffirmed the principle that “justice must satisfy the appearance of justice”, Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.

“Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances.” Taylor v. O’Grady, 888 F.2d 1189 (7th Cir. 1989).

Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that “We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed.” Balistrieri, at 1202.

Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his “appearance of partiality” which, possibly, further disqualifies the judge. Should another judge not accept the disqualification of the judge, then the second judge has evidenced an “appearance of partiality” and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid. It would appear that they are void as a matter of law, and are of no legal force or effect.

Should a judge not disqualify himself, then the judge is in violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996) (“The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.”).

Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of “interference with interstate commerce”. The judge has acted in the judge’s personal capacity and not in the judge’s judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone’s next-door neighbor (provided that he is not a judge). However some judges may not follow the law.

If you were a non-represented litigant, and should the court not follow the law as to non-represented litigants, then the judge has expressed an “appearance of partiality” and, under the law, it would seem that he/she has disqualified him/herself.

However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states “disqualification is required” and that a judge “must be disqualified” under certain circumstances.

The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution. If a judge acts after he has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.

Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts.