A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
A judge is a judicial officer, paid by the State to act impartially and lawfully.
A judge is also an officer of the court, as well as are all attorneys. 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."
Under Article VI, clause 3, of the U.S. Constitution, every judge or government attorney takes an oath to support the U.S. Constitution.
Whenever any judge or government attorney violates the Constitution in the course of performing his/her duties, then that judge or government attorney is acting without lawful authority, has defrauded not only the Defendant or the Plaintiff involved, but has also defrauded the government.
The judge or the government attorney is paid to support the U.S. Constitution. By not supporting the Constitution, the judge or the government attorney is collecting monies for work not performed. It is not a judicial function to attack the U.S. Constitution.
It is not a judicial function to issue a void order, an order issued without jurisdiction. The U.S. Supreme Court has ruled that a judge who acts without jurisdiction, is engaged in treason.
It is not a judicial function to engage in a crime, especially a crime against the U.S. Government.
A judge may not engage in any act in violating a person's First, Fifth, and Fourteenth Amendment Rights. When such an act occurs, the judge is deprived of total jurisdiction and his actions are not that of a judge, but are those taken in his personal capacity.
The law clearly and unequivocally states that all Federal courts are courts of limited jurisdiction. The law clearly and unequivocally further states that no presumption of jurisdiction attaches automatically to any court of limited jurisdiction, but that the determination of jurisdiction of a court of limited jurisdiction must be affirmatively found within the record of the case that is before the court.
In a Federal court hearing an appeal, it is the duty of the judges to be certain of their jurisdiction. They have a legal duty to inspect the record of the District trial court, sua sponte, to determine whether the District trial court held jurisdiction at all times, if a Constitutional Right was violated, and/or if any officer of the court, whether judge or attorney, engaged in a "fraud upon the court".
The Supremes stated that a judge violates the U.S. Constitution whenever the judge issues an order without jurisdiction. The judge has committed a fraud upon the court and upon the Constitution.
"It is clear and well established law that a judge must first determine whether the judge has both subject-matter and in personam jurisdiction before hearing and ruling in any case, and further must continue to monitor the case to be certain that jurisdiction was not lost, due to any violation of a Constitutional Right, fraud upon the court, appearance of partiality of any judge, or any act which deprives the court of jurisdiction, by any officer of the court, whether attorney or judge, during the proceedings. "
