1. Who is an "officer of the court?"
"A judge is an officer of the court, as well as are all attorneys and lawyers."
FACT: No you are not. You are a Citizen, first and foremost, playing cops and robbers. If you play "officer," I play "King." You call me names like, adherent, I'll call you a tyrant.
Nor are police or Marshals "officers of the court" either. Police work under the authority of a different branch.
Your words border on the treason.
See separation of the powers clause of the Constitution.
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.
IT ALSO PRODUCED THIS:
4. What causes the "Disqualification of Judges?"
SEE ALSO F.R.Civ.P 60
Federal Rule of Civil Procedure 60(b) preserves the district court's right to hear an independent action to set aside a judgment for fraud on the court. An independent action to set aside a judgment for fraud on the court is "reserved for those cases of injustices which, in certain instances, are deemed sufficiently gross to demand a departure from rigid adherence to the doctrine of res judicata." United States v. Beggerly, 524 U.S. 38, 46, 118 S.Ct. 1862, 141 L.Ed.2d 32 (1998) (internal quotation marks omitted).
