December 7, 2013 § Leave a comment
December 7, 2013 § Leave a comment
For many of us, the only image we have of a judge comes from movies or TV shows. For the next four nights, we’re going to show you a lot of them by asking a simple question: Who is judging the judges? You might be surprised. Our joint WGN investigation with the Medill Watchdogs of Northwestern exposes where the majority of least qualified judges are coming from.
For the first time ever, as the curtain draws back allowing cameras in Illinois to peek into some courtrooms, viewers are getting a glimpse at the absolute power behind the robe. Cameras have yet to be allowed in Cook County and unless you are before a judge, you probably can’t name any of the 400-plus judges or which ones you voted for in the last election.
Two decades ago, the leaders in Springfield tried to fix the problem of too many unknown judges by breaking up the massive list into smaller bite-sized subcircuits. It seemed like a win-win, these subcircuits. Neighbors could meet the judicial candidates because they lived there. The winning judge would be from their community bringing more minorities to the bench. In Cook County, that even meant Republicans. A good idea with good intentions, but like the old proverb says, the road to hell is paved with good intentions.
When asked what he thought of subcircuits, Anton Valukas, a lawyer and Chairman of Jenner & Block said, “I think they’re terrible.”
Nearly 30 years ago, Valukas as U.S. Attorney oversaw the prosecution of one of the largest court scandals in the United States: Operation Greylord. Charges of bribery, fixing a murder case, even a wiretap in a judge’s chamber led to 92 indictments including the conviction of 15 judges. According to Valukas, “All of a sudden everybody got religion, as they say in the trade. So I would say corruption is not the issue right now.”
Instead, Valukas says the problem is weak judges created by the subcircuit system.
“The issue right now is competence and the fact that you continue to have politics involved in this process always opens the door to the potential of corruption in the future. So why have a system that does that?” he says.
He added that unlike judges who run countywide, the candidates who run for one of the 15 smaller subcircuit seats rarely face tough challengers. Most are always backed by the Democratic Party, they rarely have to prove their judicial chops to win.
“I think it probably has not been the best way to improve the quality of our judiciary,” said Cook County Commissioner Larry Suffredin. Suffredin is also the attorney for the Chicago Bar Association, a group that rates the qualifications of judicial candidates. “I think if you look at the judges who have had problems in the last 20 years, a greater percentage of them have been elected from the subcircuits than have been elected countywide. I think those who are elected countywide are vetted in a much different way. It’s a tougher race to run. I mean this is a huge county. And they have to present their credentials to a lot of different people,” said Suffredin.
Like the Chicago Bar Association, a host of other legal watchdogs judge the judges on integrity, legal knowledge, temperament, and even punctuality. We checked the rankings and last year, a half-dozen judges elected to the bench failed to win the approval of three or more groups and five of those were subcircuit judges.
According to Suffredin, “I think what they do is create an artificial world in which people run. One of the things we see is that the candidates who run in the subcircuits in a greater proportion choose not to be evaluated by the Bar Association, choose not to present their credentials to a broader group of citizens to determine why they would be good judges or bad judges.” In other words, they’re avoiding being judged.
Newly-elected Judge Daniel Degnan from the 3rd subcircuit didn’t bother to submit his qualifications. His dad was a top strategist for Mayor Daley. Prior to Election Day; one by one all his opponents dropped out, including a sitting judge. Degnan waltzed unopposed to the bench. Judge Kimberly Lewis was never vetted failing to submit her credentials to any legal watchdog. She beat out a sitting judge ranked qualified.
In 2010, four judges failed to win approval, three of them from subcircuits. In 2008, six out of seven judges not recommended came out of the subcircuit. And in 2006, five out of six judges were also from a subcircuit which raises the question, who’s judging the judges? According to Valukas, “No one! In the subcircuits even fewer than no one if that’s possible. You’re talking about in the subcircuits the likelihood of the person who is judging the judges and most likely to make the decision who’s going to be elected judge is some political boss.”
Take the case of Judge Leida Gonzalez-Santiago. She benefited from the subcircuit law which you recall encouraged neighborhood diversity. She was the first Hispanic woman elected to the bench even though the Tribune reported a Hispanic Bar Association called her unqualified. Yet she won with the backing of House Speaker Mike Madigan and her own husband, a state representative. And once a judge is elected, it’s pretty much a job for life no matter how competent. Six years later, she won again even after a lawyers group blasted her for putting kids at risk during custody battle cases.
Valukas called it, “A crisis in your world. They’re before a judicial system asking somebody to make a decision on something that could be incredibly important to them. Anything from a divorce case, a child custody case to a property damage case you name it and they are before someone who may not even know the rudiments of the law and whose temperament maybe an absolute disaster. That’s not a way you have a system.”
None of the judges we identified returned our phone calls. The issue of qualification is only one subject we examined. Tomorrow we’ll look at how a system designed to bring minorities to the bench is being abused.
For more information, log on to the Medill Watchdog website.
December 6, 2013 § Leave a comment
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
COUNTY DEPARTMENT, DOMESTIC RELATIONS DIVISION
IN RE: THE MARRIAGE OF )
JXXXXXX A. XXXXXX, )
) No. 07DXXXX
BDZR V. XXXXXX, )
CERTIFICATE OF SERVICE
TO: Marcy Newman
205 W. Randolf St.,
Chicago, IL 60606
Petitioner, JXXXXXX A. XXXXXX’s Motion for Substitution of Judge
JXXXXXX A. XXXXXX, ProSe
XXXX N XXXXXX
Chicago, IL 60XXX
CERTIFICATE OF DELIVERY (PERSONALLY OR BY MAIL)
I, JXXXXX A. XXXXXX, do hereby certify under penalties of perjury as provided by the law pursuant to 735ILCS5/1109, that the above notice and any attached pleadings were [X]hand delivered and/or ____ placed in the U.S. Mail properly addressed to the parties at the address(es) set forth above on or before 5pm on January 17, 2011.
JXXXXXX A XXXXXX
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
THIRD MUNICIPAL DISTRICT
JXXXXXX A. XXXXXX )
v. ) No. 07D0XXXX
BDZR V. XXXXXX )
MOTION FOR SUBSTITUTION OF JUDGE LEIDA SANTIAGO
Comes JXXXXXX A. XXXXXX, Petitioner, prose (Here after “JXXX”), pursuant to 735 ILCS 5/21001(a)(3) et seq. and moves this Honorable Court for a Substitution of Judge Leida Santiago for cause. Relevant parts of the rules of civil procedure are as follows;
(735 ILCS 5/2 1001)
Sec. 2 1001. Substitution of judge.
(a) A substitution of judge in any civil action may be had in the following situations:
(3) Substitution for cause. When cause exists.
(i) Each party shall be entitled to a substitution or substitutions of judge for cause.
(ii) Every application for substitution of judge for cause shall be made by petition, setting forth the specific cause for substitution and praying a substitution of judge. The petition shall be verified by the affidavit of the applicant.
(iii) Upon the filing of a petition for substitution of judge for cause, a hearing to determine whether the cause exists shall be conducted as soon as possible by a judge other than the judge named in the petition….
1. The Illinois Appellate Court has held that once a motion for substitution of judge for cause is properly brought, trial judge loses all power and authority over case except to make necessary orders to effectuate change. People v. Bell, 276, Ill.App.3d 939, 658 N.E.2d 1372, 1378 (1995).
2. Judge Santiago’s actions throughout these proceedings have been contrary to the Illinois Code of Civil Procedures and the IMDMA Act, which has deprived JXXX of his right to due process of law. Judge Santiago on numerous occasions has allowed Respondent’s counsel to make baseless allegations against JXXX for 10-20 minutes at a time, while at the same time denying JXXX the opportunity to respond or prove the allegations false. The judge then made substantive rulings and orders based on those one sided hearings. In the many appearances in this case, Judge Santiago has shown bias and prejudice against JXXX and a disregard for JXXX’s rights.
3. Against JXXX’s wishes, on several occasions, Judge Santiago has held secret meetings in chambers with attorneys only, specifically denying JXXX the right to attend and/or his court reporter. In these secret hearings, substantive decisions are made without JXXX having the opportunity to attend or to hear what has been discussed. JXXX has the right to attend all meetings concerning his own case before this court.
4. In open court, Judge Santiago displays an unprofessional camaraderie with opposing counsel, Marcy Newman, and at the same time displays a blatant animosity towards JXXX, and his previous attorneys. Judge Santiago (a female) engages in discriminatory banter with Newman (a female) aimed at JXXX (a male) often during these proceedings, in what clearly appears to be a man hating club.
5. Judge Santiago has allowed Respondent to file numerous “Emergency” Petitions that were not emergencies at all. These false “Emergency” petitions were ruled upon without an opportunity for JXXX to respond or present facts and evidence in opposition. The judge has allowed Respondent to use these false emergencies as a litigation strategy that has run up attorney fees and deprived JXXX of valuable marital assets. With each false emergency motion filed, the judge never inquires, or cares, as to whether or not any attempt has been made to contact JXXX and settle the alleged emergency. Judge Santiago’s allowance of these multiple false Emergency Petitions has in fact denied JXXX of his due process rights under the law and assisted the Respondent in fraudulent legal practices.
6. Throughout these proceedings, Judge Santiago has abused her discretion to the detriment of JXXX. Some of the many abuses are as follows;
7. Under threat of contempt, Judge Santiago forced JXXX to sign a quitclaim deed of the marital residence over to Respondent, during one of the false “emergency” hearings. The single family home represented the largest single asset of the marriage and was arbitrarily handed over to the Respondent without the benefit of trial, or witnesses, or evidence presented. JXXX never received any agreement as to the price of the home or the terms of split. This constitutes a fraud upon JXXX and Judge Santiago is a coconspirator. Judge Santiago entertained Respondent’s counsel’s numerous false claims, false allegations, and outright lies that resulted in JXXX’s signature on a quitclaim deed and loan agreement that has now made JXXX liable for a 30 year loan of $171,000, all in a divorce proceeding to which JXXX is supposed to end up independent and separated from the Respondent. Judge Santiago blindly accepted Respondent’s counsel’s unsubstantiated lies, while dismissing JXXX’s repeated pleas for facts and proof before he signed loan papers.
8. Under threat of contempt, Judge Santiago forced JXXX to sign the Quit Claim Deed under the premise that he would be getting his half of the money for the home from the proceeds of the Respondent’s alleged loan. After signing under duress, JXXX received nothing. Judge Santiago then allowed Respondent to hold the proceeds in an escrow account with no accounting to JXXX or his previous attorneys, and allowing JXXX’s funds to be considered subject to Respondent’s income tax liabilities, Mary Doheny’s legal fees, Kerry Smith’s fees, etc. It appears that Judge Santiago conspired with Respondent’s Counsel to force JXXX to sign new loan papers on a property that they were taking away from him to finance the legal costs of the divorce. Or in simpler terms, to line the pockets of the attorneys, who are in the same club with Judge Santiago.
9. In an earlier hearing, Judge Santiago found JXXX guilty of Contempt of Court for alleged Discovery violations that were in fact no violation at all. Respondent filed a Motion to Compel Discovery that did not contain any “statement” that “reasonable attempt” was made to “resolve differences”, as per Supreme Court Rule 201. Respondent made no attempt to contact JXXX concerning discovery, nor was any list of specific items of discovery presented to the court. Regardless of the mandates of Rule 201, Judge Santiago held JXXX in contempt of court, without ever giving him a chance to provide whatever the Respondent allegedly needed. It is an abuse of discretion to disregard the requirements of a Supreme Court Rule and the contempt order against JXXX is void. However, this void order remains hanging over JXXX’s head until JXXX can seek a remedy in the Illinois Appellate Court.
10. Judge Santiago also found JXXX guilty of willful contempt regarding non payment of support in the amount of $850 per month. The amount of support is more than JXXX can afford and was based on the false claim that Respondent earned no more than $40,000 a year, when in fact her 13.3.1 disclosure filed April 2007, showed she earned $80,000 net income in her hair cutting business. JXXX filed a motion to modify support, but the motion was arbitrarily thrown out by Judge Santiago as a punishment for the above mentioned false Discovery violation. Judge Santiago ignores material facts, but accepts blind allegations made, not by witnesses under oath, but by Respondent’s counsel’s rhetoric. Another abuse of discretion. Additionally, JXXX has been disabled for many years and unable to work and earn enough to pay the amount of support. Judge Santiago has arbitrarily declared JXXX to NOT be disabled, despite JXXX being qualified as disabled by the Social Security Administration as of October of 2007, and despite the professional opinion of a highly qualified Cardiologist. It is an undeniable fact that JXXX suffered a catastrophic aortic dissection and anuerysm which has left him disabled, but due to bias against JXXX, Judge Santiago arbitrarily disregards these supported facts, and instead, accepts the unsupported rhetoric of Respondent’s counsel. Judge Santiago issues rulings against JXXX almost exclusively based on unsupported rhetoric.
11. On a regular basis, Judge Santiago makes faces, rolls her eyes, groans, sighs, and makes utterances negatively toward JXXX and his previous counsel. Judge Santiago has stated, “I have a migraine, you would be better served if you came to an agreement before you appear before me.”
Judge Santiago’s attitude and mannerisms reflect an extreme arrogance and display a dismissive attitude towards JXXX and a complete lack of respect. But NEVER toward the female Respondent or the female Respondent’s attorney. Judge Santiago dismisses JXXX as a peasant “pro se” who “must follow the rules”, but at the same time, both the judge and Respondent are allowed to ignore all the rules of civil procedure.
12. On December 16, 2010, JXXX appeared before Judge Santiago concerning no less than 11 pending motions and responses. Judge Santiago and Respondent’s attorney again engaged in critical banter and derogatory comments directed at JXXX for bringing a court reporter into the proceedings, but made the negative comments before the court reporter was set up. In a ridiculous order, Judge Santiago set all 11 motions for a 30 minute hearing on January 11, 2011. Among the motions is JXXX’s Motion to Compel Discovery. In the 3 ½ years of this litigation, Respondent has refused to give JXXX the most basic financial records of BDZR’s sole-proprietor business, BDZRs Hair Design, needed for trial on February 22, 2011. Judge Santiago has ignored and brushed aside JXXX’s repeated pleas for help in obtaining discovery from the Respondent. As of this date, JXXX does not have the necessary financial records from Respondent to litigate at trial, yet Judge Santiago acts too busy to care. This blatant violation of JXXX’s due process can only have been accomplished with the help of a judge that is bias against JXXX. JXXX’s Motion to Compel has been pending for over 6 months and is now set to be heard one month before trial which will not allow JXXX reasonable time to use the discovery to prepare for trial. Even worse, Judge Santiago stated that if the 30 minute hearing on January 10th was insufficient time, then she will hear the remaining motions the day of trial. However, ruling on JXXX’s Motion to Compel Discovery the day of trial is meaningless, and an abuse of discretion. This is the work of a judge that is out to defeat JXXX and assist Respondent.
13. Judge Santiago has been made aware of the fact that Respondent has been carrying on an intimate relationship with another married man prior to December of 2009. Although this violates several court orders and ethical conduct, it is most detrimental to the 4 minor children involved in this case. The following are but a few of the violations allowed by Judge Santiago;
a. The minor children have had the married man, and other unrelated males, forced on them.
b. Respondent allowed the married man to sleep in the marital home with the minor children present several times in December of 2009.
c. Respondent allowed the married man to take the youngest 7 year old boy home with him and sleep in the same bed.
d. Respondent and the married man told the minor child to lie to his father, JXXX, about what had happened.
e. Respondent allowed the married man to take the 7 year old child to bars multiple times while he drank alcohol and smoked cigars.
f. Respondent encouraged the married man to threaten and harass JXXX on the phone and through texts from Respondent’s phone and the married man’s own phone.
g. Respondent allowed the married man to threaten and physically accost JXXX, the oldest son who is 17 years old, on multiple occasions.
h. Respondent allowed the married man to bite the 7 year old son and the 11 year old daughter on the legs while they were in bed at a hotel room trying to go to sleep.
i. Respondent and the married man drink excessively in front of the children.
j. Respondent allows the married man to smoke cigars regularly in front or the children.
k. Respondent has become so inebriated she cannot walk or stand up without assistance in front of the children while drinking with the married man .
Respondent has also passed out from alcohol consumption while with him.
l. Respondent allows the married man to make direct derogatory statements about JXXX to the children.
m. Respondent has allowed and facilitated the married man in threatening JXXX mentally, physically, and emotionally in front of the other children and in private. Respondent and the married man have exhibited physical, mental, and emotional abuse on JXXX in the presence of the other children.
n. Respondent has broken down 3 doors in the marital home in anger and fits of RAGE and possible drunken or drug-induced RAGE. JXXX’s office door was obliterated twice with wrenches and hammers, JXXX’s bedroom door was broken down with Respondent’s body flung against the door to gain access so the married man could verbally assault JXXX all in front of the other minor children. The kids observed all of this and called 911 to report it.
o. Respondent has sent JXXX hundreds of harassing, disparaging and racially hateful texts and phone calls.
p. Respondent has filed multiple false police reports against JXXX and JXXX, their oldest son.
q. JXXX has e-mails from the minor children to JXXX and their attorney, Mary Doheny confirming what they hear, experience and detailing what is going on at the home.
14. Judge Santiago has full knowledge of the above mentioned violations of previous court orders and 750 ILCS 501/, but has done nothing to stop it, or to protect JXXX or the children. Again, this is blatant abuse of discretion, not to mention bias against JXXX.
15. JXXX is currently forced to act pro se because Judge Santiago has allowed the Respondent to file numerous false “emergency” petitions and many other frivolous motions that have used up all of JXXX’s financial resources. JXXX now acts with a legal disadvantage directly due to Judge Santiago’s negligence in recognizing and stopping Respondent from filing false documents in this case.
16. Judge Santiago has given Respondent an unfair advantage by allowing her to argue her Motions or Petitions out of order and before Petitioner’s Motions that had been first filed, and then assessing penalties against Petitioner which disallow JXXX to defend himself against the allegations by Respondent.
17. Judge Santiago ruled in favor of the Respondent filed another Emergency Petition with this Court on December 16, 2010 to recover a @$4000 refund check as part of the proceeds of $12,000 she was hiding in these Divorce Proceedings from this Court, JXXX, and the IRS. The money represented left over funds that Respondent denied existed on JXXX and BDZR’s 2008 US Federal Income Tax return and 2 separate Petitions to this Court. Judge Santiago agreed with Respondent that there existed an emergency that Petitioner, JXXX, may abscond with the refund proceeds by forging BDZR’s signature on a 2 party check and ordered the money be returned to Respondent and held in Respondent’s counsel’s escrow account.
18. Judge Santiago has ignored police reports concerning Respondent breaking into JXXX’s home office [twice] and stealing business records. These business records were originals with no other copies available, resulting in complete loss of valuable and necessary records. Additionally, Respondent has deleted valuable and necessary computer files and Judge Santiago does nothing to stop it.
19. Judge Santiago’s favoring toward Respondent has allowed Respondent to dispose of Marital assets without hearings, and without compensation to JXXX, including assets that were exclusively valuable to JXXX.
20. Judge Santiago, at a court appearance in March 6, 2009, threatened JXXX with a remark of even more punitive rulings if JXXX forced a hearing on this matter. Judge Santiago made it clear to JXXX that if JXXX did not accept her ruling, he really wouldn’t like the next one. Judge Santiago’s words, “I’m sorry, did I just not rule in this matter? and “you may not like the next one even more” sent a clear message to JXXX of her intentions and bias.
21. Judge Santiago allowed Respondent’s counsel to question a court reporter, JXXX hired to record a hearing on whether JXXX would be forced to unjustly sign a quit claim deed and other loan documents. The original proceeding was immediately dropped even though it had already started without JXXX present in the courtroom, after Judge Santiago was informed there was a court reporter present. Judge Santiago then called the attorneys into her private chambers for a private meeting. JXXX’s court reporter was denied access despite JXXX’s requests and protest otherwise. When the lawyers and judge re-emerged from Judge Santiago’s chambers and entered the courtroom, Judge Santiago allowed Respondent’s counsel to question and harass said court reporter about who she was, where she was from, how much she was paid, who paid her and who hired her for court that day, over JXXX’s attorney’s objections as to the whole line of questioning and behavior.
22. Judge Santiago, by her rulings and actions in this courtroom, has jeopardized JXXX’s health and his share of the marital assets, including the 2000 Chevrolet Suburban vehicle, and the property located at 179 Downing Road, Buffalo Grove, IL, the marital residence, and his position or standing as far as child custody and arrangements.
23. Judge Santiago’s prejudice against JXXX is so egregious that it is impossible for JXXX to receive a fair trial, or any fair pretrial hearings. Judge Santiago’s actions and inactions has caused JXXX to pay tens of thousands of dollars in unnecessary legal fees over the past 3 ½ years.
PRAYER FOR RELIEF
Wherefore, JXXXXXX XXXXXX, Petitioner, prays that this Honorable Court enter an order granting the motion for Substitution of Judge Santiago, and appoint a new fair and impartial judge to preside over this case.
JXXXXXX A XXXXXX acting ProSe
The undersigned, JXXXXXX A XXXXXX, states that he is the Petitioner
in the above captioned cause, that he has read the above and foregoing
MOTION FOR SUBSTITUTION OF JUDGE,
and that under penalties as provided by law pursuant to Section 5/1109
of the Code of Civil Procedure, certifies that the statements set forth in
this instrument are true and correct.
JXXXXXX A XXXXXX ______________________________________________
December 5, 2013 § Leave a comment
I know that we all have submitted documents supporting our claims.To the news as well as to the DOJ whom is here visiting Crook county i mean Cook County il.
All this week at 9:00 PM, WGN will do an investigative report on “Who is Judging the Judges.” I think we need to bombard them with examples of the failures of the JIB; and we need to encourage them to do an investigative report regarding the failure of the ARDC as well, particularly as it relates to Child Reps/ GALs.
Here is the link:
Make a comment on the webpage. Let’s find a contact person for WGN and offer to be interviewed (stating that you supporting documents and others with similar complaints).
Please forward this email to others so that they can take action as well.
Crook County Judges Strike again now attacking for their benifit it has this appearance of more than just impropriety?
November 3, 2013 § Leave a comment
HELP SUPPORT ALL PARENTS DO YOUR CIVIC DUTY AND WRITE A COMPLAINT FOLLOW THE LINKS OR EMAIL BACK TO THEM?
Support is needed here as well?
October 28, 2013 § Leave a comment
“Fraud On The Court By An Officer Of The Court”
And “Disqualification Of Judges, State and Federal”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).
2. 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.”
3. 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.
4. 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 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.
October 21, 2013 § Leave a comment
|A new pledge from the campaign|
Posted by David Carlin (campaign founder)
It starts with you
We need everybody to take local positive action to defeat “friends of the courts” and judicial members over reaching into legislative bodies for their personal profit. Remember you are not alone and be silent no more. Educate others to take action follow the money and remove all forms of profit and funding. Lawyers, judges and public servants start many cycles of systemic abuse that create long term negative impact to children, families and communities. Their tactics conceal misconduct and criminal acts of members of the judicial branch. This collective group has placed their greed and profit above human life. EXPOSE THE TRUTH. Please use your talents and resources to educate others to create sustainable positive Non Government Organizations (NGO) to protect children, families, communities and their cultures. Expose the organizations claiming to be doing good but have hidden agendas to suppress the human spirit on a global scale. The Clinton foundation is one group that seeks to suppress others and impose their culture on others under claims of doing good. Educate others to defend their community and culture from “systemic abusers” like the Clinton’s. Why are the Clinton’s allowed to attack the constitution of the United States and conceal contributory murders?Remember political suppression comes in many forms. Many Non-profits are very active in political agendas and abuse federal funding they received in the form of grants. Expose these organizations and demand prosecutions of their management. Demand audits of any organizations abusing public funding, some create fear and hate to further their Non-profit agendas. To expose systemic abusers you must expose the collective group members that profit from the abuse. Fraud and conversion or a transfer of power takes place to fragment the public. Remember systemic abusers must create a conflict to profit, custody battles, forced adoptions, abuse of the elderly, abuse of Heroes, for profit prisons are all issues and cycles that can end if the public takes positive actions. Many cycles of human trafficking start with activist judges rulings, remember judges seek funding in many ways. Activist Judges are not the court and with the appearance of bias they are removed by law and no longer an officer of the court. Any rulings an activist judge makes after the appearance of bias is an unlawful ruling. Law is made by the people not “judicial members”, the rule of law is not what a few “lawyers claim”. The law is what the people demand, remember slavery was once the law. Today cleaver systemic abusers use emerging technology to extort their profit from the people that produce products to contribute to their countries Gross Domestic Product (GDP). Lawyers, Lawyer lobbyists, friends of the courts produce nothing for economic growth. Expose those who produce nothing and commit fraud and conversion from those who do contribute to the GDP.
Please take action in your community.
Want to get involved? See this pledge on Causes