PRESIDENT TRUMP IF YOU ARE SENDING THE NATIONAL GUARDS TO CHICAGO, PLEASE SEND THEM TO THE COURTS SO AS TO REMOVE ALL TREASONERS AND DOMESTIC TERRORISTS FROM THEIR POSITIONS.
THE FOLLOWING MOTION WHERE A REPRESENTATIVE FROM FBI DIRECTOR'S (KASH PATEL) AUTHORITY SENT TO THE SPECIAL AGENT FBI IN CHICAGO
THE DEMOCRATIC PARTY HAVE ALREADY ADMITTED VIA RULE 56.1 ALL PLEADINGS OF THE FOREGOING MOTION FOR SUMMARY JUDGMENT PURSUANT TO ILLINOIS (735 ILCS 5/2-1005) & FEDERAL RULES OF CIVIL PROCEDURE CORROBORRATING THE VERACITY COOK COUNTY JUDGES DO NOT HONOR DUE PROCESS OR CIVIL RIGHTS EQUAL PROTECTION TO IT’S CITIZENS PRO SE OR WITH ATTORNEYS IN ANY OF THE COURT’S w/AFFIDAVIT
AS BEING TRUE IN ITS ENTIRETY.
MANY OF THE DEMOCRATIC JUDGES IN THESE CASES CONDONE AND COVER-UP DOMESTIC VIOLENCE, INCEST, SEXUAL VIOLENCE ON MINORS, EXTORTION AND OR PERJURY ETC.
JUDGE FORTI IS THE ALLEGED MASTERMIND AND HOMOSEXUAL LEADER RUNNING THE DOMESTIC RELATIONS DIVISION NOBODY IS MAN ENOUGH TO SPEAK UP AND SAY WHAT HE IS DOING IS WRONG BECAUSE SO MANY ARE COMPLICIT DESTROYING THE LIVES OF MANY FAMILIES.
READ HOW A NURSE LOST HER DAUGHTER AND JOB ON WELFARE RESULTING FIGHTING TO GET HER BIOLOGICAL CHILD BACK AS HER EX AND THE HOMOSEXUAL JUDGE WENT ALONG WITH EVERY LIE HE SAID TO KEEP THE CHILD.
MOST MEN WHEN THEY DON'T WANT TO PAY CHILD SUPPORT, THEY PLOT TO KILL THE WOMAN OR CONCOCT VICIOUS LIES ABOUT THE MOTHER BEING ABUSIVE NOT FIT ETC. AS CERTAIN JUDGES TAKE THE CHILDREN FROM THE MOTHERS AND GIVE THEM TO THE FATHERS WHO ARE CORRUPT OR ARE ABLE TO ALLEGEDLY PAY OFF CERTAIN JUDGES.
JUDGES ARE NOT FIXING CASES FOR FREE.
MANY OF THE BLACK JUDGES ARE PUPPETS AND ARE USED TO HELP BANKS STEAL THE HOMES OF BLACK AND BROWN SENIOR CITIZENS IN ILLEGAL FORECLOSURES, THEY ARE THE ONES WHO SIGN ILLEGAL COURT ORDERS AUTHORIZING THE COOK COUNTY SHERIFFS TO UNLAWFULLY EVICT SENIORS FROM THEIR HOMES.
IN THE CIRCUIT COURT OF COOK COUNTY
ILLINOIS
DOMESTIC
RELATIONS DIVISION
IN RE
)
)
Francoise Hightower ) Judge James Shapiro
Petitioner )
) Cal 53
VS
)
) No. 88 D 079012
Joe Louis Lawrence )
Respondent
) Room 2103A
MOTION
TO EXPEDITE DEFENDANTS AFFECTED FROM JUDICIAL MALFEANCE & VIOLATIONS OF THE
ILLINOIS CODE OF JUDICIAL CONDUCT FROM THE COOK COUNTY JUDICIARY INSTANTER DUE
TO JUDGE PATRICIA FALLON’S COURT ORDER AUGUST 11, 2025, DUE TO CONFLICT OF
INTEREST PRIOR ASSOCIATION TO THE STATES ATTORNEY OFFICE WHERE ALLEGED
HOMOSEXUAL KENT STEPHEN RAY FORMER GENERAL COUNSEL OF THE CTA USED HIS UNLAWFUL
JURISDICTION DESTROYING PERSONNEL RECORDS OF RESPONDENT AND ENGINEERED THE
FALSIFICATION AND COLLUSION WITH HIS ALLEGED FORMER EX JUDGE FORTI WHO WAS A CORPORATION
ATTORNEY IN CITY HALL WHO HAS STALKED THE RESPONDENT SINCE 1994 AIDING AND
ABETTING IN RACIAL HATE CONSPIRACIES ON CASE 93 L010772 (JOE LOUIS LAWRENCE VS
CTA) AS CHIEF ASST COUNSEL & USED HIS ROBE VIOLATING THE CIVIL RIGHTS OF
RESPONDENT AND SHEMICA TAYLOR ISSUING THE UNLAWFUL ORDER OF PROTECTION AGAINST
HER KEEPING HER FROM HER NATURAL BIOLOGICAL DAUGHTER AS LAW FIRMS SOUGHT
OUTRAGEOUS LEGAL FEES WHERE JUDGE FORTI IS SEEKING TO REMAND HER INTO CUSTODY
ON A RULE TO SHOW CAUSE NOT PAYING AN ALLEGED HOMOSEXUAL CHILD REP- REQUEST FOR
RE NOTICE OF RECUSING THE ENTIRE COOK COUNTY JUDICIARY AND APPOINT A SPECIAL PROSECUTOR PURSUANT TO
THE CASE OF 2 EX-COOK COUNTY ASSISTANT STATE’S ATTORNEY’S (NICHOLAS TRUTENKO,
ANDREW HORVAT) DUE TO FORMER ASSISTANT’S STATES ATTORNEY IRIS Y. CHIVIRA
ALLEGEDLY TOOK PART IN THE FALSIFICATION OF BACKDATING RECORDS ET AL. JUDGE FORTI HAVE RECUSED
HIMSELF JUNE 5, 2025 BUT FAILED TO VACATE ANY COURT ORDERS IN SPITE OF HIS
CRIMINAL ASSOCIATIONS SIGNING COURT ORDERS FOR ALL PARTICIPANTS ASSOCIATED IN
THE CRIMINAL ENTERPRISE OF COOK COUNTY, WHERE ALLEGED RACIST, OR HOMOSEXUAL OR
PUPPET COLORED ASSISTANT STATES ATTORNEYS WILL GO ALONG AND CONTINUOUSLY
VIOLATE THE CIVIL RIGHTS OF RESPONDENTS BY ENFORCING VOID ORDERS CAUSING HER
REMOVED FROM ANOTHER STATE & RULE TO SHOW CAUSE IF THE ORDER OF PROTECTION
AGAINST SHEMICA TAYLOR IS NOT VACATED IN 48 HOURS SEEKING REMANDS INSTANTER
WITH BODY ATTACHMENT ON ALL PARTIES FOR THEIR ROLES IN SAID CRIMINAL ENTERPRISE
INVOKING THE STATE POLICE, STATE MARSHALL’S, SHERIFF POLICE AND FBI INVOKE
JURISDICTION BY INVESTIGATING THE ALLEGATIONS IGNORED BY ALL RESPONSIBLE
PARTIES WHERE A (STATE OF ILLINOIS
AFFIDAVIT PROPERLY NOTARIZED ATTESTING TO THIS VERACITY) ASA YOLANDA SIMMONS VIOLATED
THE ETHICS OF RPC 3.3 CORROBORATOING HER INVOLVEMENT COLLUDING WITH JUDGE FORTI
IN SYSTEMIC CIVIL RIGHTS VIOLATIONS VERIFYING SAID JUDGES ARE “PRIVATE
CITIZENS” “TRESPASSING UPON THE LAWS” LOPER BRIGHT ENTERPRISES V RAIMONDO, 603
U,S. 369 (2024) TO SECTION
42 USC 1983 OF THE CIVIL RIGHTS STATUTE, The
Illinois Supreme Court held that if a court "could not hear the matter
upon the jurisdictional paper presented, its finding that it had the power can
add nothing to its authority, - it, had no authority to make that
finding." The People v. Brewer, 128 Ill. 472, 483
(1928). The judges assigned had no legal authority (jurisdiction) to hear or
rule on certain matters before them. They acted without any jurisdiction.
When judges act
when they do not have jurisdiction to act, or they enforce a void order (an
order issued by a judge without jurisdiction), they become trespassers of the
law, and are engaged in treason.
& DIRECT THIS MATTER BE
TRANSFERRED TO THE THIRD MUNICIPAL DISTRICT- ROLLING MEADOWS COURT WHO HAS
STATED THEY WILL ACCEPT THIS PATERNITY MATTER AND INFORM THE JUDGE
Courtesy Copy V MOTION TO VACATE IMPROPER DISMISSAL (MAY 12, 2025) (POST RECUSAL TESTIMONY) VOID ORDER AND REQUEST FOR RE NOTICE OF RECUSING THE ENTIRE COOK COUNTY JUDICIARY AND APPOINT A SPECIAL PROSECUTOR PURSUANT TO THE CASE OF 2 EX-COOK COUNTY ASSISTANT STATE’S ATTORNEY’S (NICHOLAS TRUTENKO, ANDREW HORVAT) DUE TO FORMER ASSISTANT’S STATES ATTORNEY IRIS Y. CHIVIRA ALLEGEDLY TOOK PART IN THE FALSIFICATION OF BACKDATING RECORDS ET AL. JUDGE FORTI HAVING A HEARING MAY 9, 2025 ON THE 11:00AM CALL, STATED “you know what, Sir I’m going to recuse myself like others but I’m going to apprise Judge Scannicchio” et al.
1.) That Defendant appeared at the Daley Center and was informed Friday August 8, 2025 312 603-1646, 9:05 am 12 mins 40 sec. via Clerk “he was not to appear in court CL-12 but to report to CL-19”
2.) Defendant called to ascertain if the case was still on the Calendar because so many judges have been malicious having clerks to misrepresent the facts and have him reporting to court only to learn that the case may be before another judge.
3.) Judge Fallon was very professional asked the Defendant if he filed any Notices to appear before her because she had nothing before her?
4.)
Defendant replied Yes Ma’am your Honor, I filed a Motion to
Recuse you because of your prior association as an Assistant States Attorney
due to conflict of interest et al. June 10, and a Motion for Summary Judgment
July 11, 2025 and presented both documents before the computer monitor;
5.)
Judge Fallon: stated no need to show the documents because she
was going to have her Clerk to go to Odyssey and print out the documents in its
entirety.
A- Defendant had due-diligently emailed the entire judiciary with the impression he had been given Judge Fallon’s correct email two months had elapsed frivolously as someone within the Democratic Party has Obstructed justice making sure the judge never see anything the Defendant emailed to her corroborating the SYSTEMIC HATE DEMOCRATS have against Black or Brown litigants speaking up for themselves against racial injustices in the courts.
6.)
Judge Fallon: Admitted that she was in fact an Assistant States
Attorney in the Civil Division, and upon reading the Motion her facial gestures
appeared totally astonished, she requested that Defendant unmute himself and
said she was going to interpret his Motion as a “Substitution of Judge as a
Matter of Right”.
A-
She was not going to
address his Summary Judgment because it was his request she be substituted from
the case, but Judge Fallon inadvertently forgot to mention his July 11, 2025
Summary Judgment in her Court Order.
B- That because everybody in the Democratic Party has willfully ignored the egregious hate being perpetrated on Black, Brown people within the Judiciary, hereto attached, Ex A Letter to Federal Authorities on how Police violated her Civil Rights and disrespected a Black woman (Shemica Taylor) trying to ascertain the welfare of her only child kidnapped from her via Judge Forti’s unlawful court orders
7.) Defendant has properly Noticed the entire Cook County Democratic Judiciary, States Attorney, Illinois Attorney General, Federal Northern District Judicial Council and Federal Authorities no City or State person(s) judge(s) Clerk(s) have ever submitted a counter-affidavit impeaching the veracity of all properly plead facts recorded in Defendant’s two-page Motion particularizing the “Fraudulent egregious racist Civil Rights Acts” pursuant to Fed Rule Civ Pro 8 and 9.
8.)
Hereto attached Gr Ex B, September 11, 1997
State of Illinois
Judicial Inquiry Board
100 W. Randolph St. - 14-500
Chicago, IL 60601
REQUEST FOR INVESTIGATION
OF JUDGE FRANCIS A. GEMBALA
FOR VIOLATION OF THE CODE OF JUDICIAL CONDUCT
I have information of possible willful misconduct in office,
persistent failure to perform his duties, and other conduct that is prejudicial
to the administration of justice and that brings both his judicial office and
the judiciary into disrepute on the part of Francis A. Gembala of the Circuit
Court of Cook County, Illinois. A judge should strive to maintain confidence in
our judicial system (Preamble to Code of Judicial Conduct), but Judge Gembala's
actions destroy confidence in the judicial system. Unless he is severely
disciplined or removed from office, he will continue to violate the Code of
Judicial Conduct.
Judge Gembala knew, or should have known, that he had
conscientiously, arbitrarily, capriciously, deliberately, intentionally, and
knowingly engaged in conduct in violation of the Supreme Law of the Land, in
violation of his duty under the law, in "fraud upon the court" and to
aid and abet others in criminal activity, thus making himself a principal in
the criminal activity.
BACKGROUND
A complaint for Declaratory Judgment was filed as case no.
96-CH-5651, EUGENE W. ALPERN v. PHYLLIS ALPERN, ALLEN S. GABE, ROBERT K. BLAIN,
and REGINA SCANNICCHIO, and the full and complete record of that case is
incorporated as a part of this Complaint. The purpose of the case was to
declare a judgment in case no. 91-D-5122 void for reasons stated in the
complaint. The 96-CH-5651 case has been concluded, with the issuance of a void
judgment due to, among various reasons, fraud upon the court by the defendant's
attorneys and by Judge Gembala (see infra). Since fraud upon the
court voids the entire proceeding, In re Village of Willowbrook, 37 Ill.App.2d
393 (1962) ("It is axiomatic that fraud vitiates everything.");
People ex rel. Chicago Bar Ass'n v. Gilmore, 345 Ill. 28, 177 N.E. 710 (1931),
this complaint has nothing to do with the voidness of the purported decision,
but on the violations of judicial conduct of Judge Gembala.
In case no. 96-CH-5651, Judge Gembala judgment stated that:
"Thus this court lacks jurisdiction to grant plaintiff the
relief he seeks, which amounts to a vacatur of the Judgment of Dissolution.
Moreover, this court is aware of no authority which would permit it to vacate
an order of the Appellate Court."
CODE OF JUDICIAL CONDUCT
The Illinois Supreme Court issued the Illinois Code of Judicial
Conduct as Supreme Court Rules ("SCR"). The Illinois Code of Judicial
Conduct is incorporated herein as a part of this Complaint. Supreme Court Rules
are law, and must be followed by litigants, attorneys, and all Circuit and
Appellate Court judges. Compliance with SCR is not discretionary, but is
mandatory. Any noncompliance is unlawful, and judges have no lawful authority
to act unlawfully.
The Illinois Code of Judicial Conduct Rule 62(A) states: A judge
should respect and comply with the law and should conduct himself or herself at
all times in a manner that promotes public confidence in the integrity and
impartiality of the judiciary.
The Illinois Code of Judicial Conduct Rule 63(A) states:
(A) Adjudicative Responsibilities
(1) A judge should be faithful to the law and maintain
professional competence in it.
INHERENT POWER OF THE
COURT
Judge Gembala knew, or should have known, that every court of
lawful jurisdiction has the inherent power to determine subject-matter
jurisdiction. Inherent power of a court is not dependent on whether a court has
jurisdiction, otherwise it could never have the lawful authority to determine
if it had jurisdiction in any matter before it. This inherent power to
determine jurisdiction applies not only to determine its own jurisdiction, but
the jurisdiction of any other court. People v. Childs, 278 Ill.App.3d 65, 663
N.E.2d 161 (4th Dist. 1996) ("The duty to vacate a void judgment is based
on the inherent power of a court to expunge from its records void acts of which
it has knowledge."); Evans v. Corporate Services, 207 Ill.App.3d 297, 565
N.E.2d 724 (2nd Dist. 1990) ("A court has inherent authority to expunge
void acts from its records.").
Judge Gembala knew, or should have known, that under the Supreme
Law of the Land:
"Courts are the mere instruments of the law, and can will
nothing. When they are said to exercise a discretion, it is a mere legal
discretion, a discretion to be exercised in discerning the course prescribed by
law, and, when that is discerned, it is the duty of the court to follow it.
Judicial power is never exercised for the purpose of giving effect to the will
of the judge; always for the purpose of giving effect to the will of the
legislature; or, in other words, to the will of the law." [Emphasis in original].
Littleton v. Berbling, 468 F.2d 389, 412 (7th Cir. 1972), citing Osborn v. Bank
of the United States, 9 Wheat (22 U.S.) 738, 866, 6 L.Ed 204 (1824); U.S. v.
Simpson, 927 F.2d 1088, 1090 (9th Cir. 1991).
Judge Gembala knew, or should have known, that the void judgment
brought before him, remains void even if he did not vacate it. Judge Gembala
knew, or should have known, that the void judgment was not affirmed nor
validated by his failure to properly exercise his judicial duty.
Judge Gembala knew, or should have known, that he had the duty,
and had no discretion, to vacate void orders and judgments. Judge Gembala knew,
or should have known, that he had conscientiously, arbitrarily, capriciously,
deliberately, intentionally, and knowingly engaged in conduct in violation of
his duty as a judge, and engaged in violation of the Supreme Law of the Land.
TREASON
Judge Gembala knew, or should have known that, by his previous
allegation that he had no jurisdiction, he committed treason against the
Constitution. "We [Judges] have no more right to decline the exercise of
jurisdiction which is given, then to usurp that which is not given. The one or
the other would be treason to the Constitution." [clarification added]
U.S. v. Will, 449 U.S. 200, 216, 101 S.Ct. 471, 66 L.Ed.2d 392, 406 (1980);
Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404, 5 L.Ed 257 (1821).
Judge Gembala should not have engaged in treason to the
Constitution, a Constitution to which he has taken a personal oath to support.
VIOLATION OF SUPREME LAW OF THE LAND
All judges have taken an oath to, and their lawful authority
depends on their complete and full compliance with, the Constitution of the
United States of America, and the Supreme Law of the Land.
The Supreme of the Land can be found in the decisions of the
U.S. Supreme Court. In Old Wayne Mut. L. Assoc. v. McDonough, 204 U.S. 8, 27
S.Ct. 236 (1907), the Supreme Court ruled that:
"Chief Justice Marshall had long before observed in Ross v.
Himely, 4 Cranch 241, 269, 2 L.ed. 608, 617, that, upon principle, the
operation of every judgment must depend on the power of the court to render
that judgment. In Williamson v. Berry, 8 How. 495, 540, 12 L.ed. 1170, 1189, it
was said to be well settled that the jurisdiction of ANY COURT exercising
authority over a subject `may be inquired into in EVERY OTHER COURT when the
proceedings in the former are relied upon and brought before the latter by a
party claiming the benefit of such proceedings,' and the rule prevails whether
`the decree or judgment has been given, in a court of admiralty, chancery,
ecclesiastical court, or court of common law, or whether the point ruled has
arisen under the laws of nations, the practice in chancery, or the municipal
laws of states.'" [Emphasis added].
In Elliott v. Peirsol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828),
the court stated that "without authority, its judgments and orders are
regarded as nullities. They are not voidable, but simply void; and form no bar
to a recovery sought, even prior to a reversal in opposition to them. They
constitute no justification; and all persons concerned in executing such
judgments or sentences, are considered, in law, as trespassers. This
distinction runs through all the cases on the subject; and it proves, that the
jurisdiction of ANY COURT exercising authority over a subject, may be inquired
into IN EVERY COURT, when the proceedings of the former are relied on and
brought before the latter, by the party claiming the benefit of such
proceedings." [Emphasis added].
Judge Gembala knew, or should have known, the law and the U.S.
Supreme Court decisions that ANY COURT and EVERY COURT can vacate a void order.
Judge Gembala conscientiously, arbitrarily, capriciously, deliberately,
intentionally, and knowingly engaged in conduct in violation of the Supreme Law
of the Land, and of Rule 62(A) and Rule 63(A).
VIOLATION OF THE LAW OF
ILLINOIS
Judge Gembala knew, or should have known, the Illinois Supreme
Court decisions that ANY COURT can vacate a void order.
Contrary to Judge Gembala's alleged non-finding, and considering
that the writer is a non-lawyer, he found many Illinois Supreme Court and
Appellate Court decisions that grant all judges lawful authority to vacate the
91-D-5122 judgment before him. As only a few of the many Illinois citations,
the following are presented:
In City of Chicago v. Fair Employment Practices Com., 65 Ill.2d
108, 357 N.E.2d 1154 (1976), the court stated that "A judgment, order or
decree entered by a court which lacks jurisdiction of the parties or the
subject matter, or which lacks the inherent power to make or enter the
particular order involved, is void, and may be attacked at any time or in ANY
COURT, either directly or collaterally." [Emphasis added].
In R.W. Sawant & Co. v. Allied Programs Corp., 111 Ill.2d
304, 309, 489 N.E.2d 1360 (1986), the court stated that "[a] judgment,
order or decree entered by a court which lacks jurisdiction of the parties or
the subject matter, or which lacks the inherent power to make or enter the
particular order involved, is void, and may be attacked at any time or IN ANY
COURT, either directly or collaterally." [Emphasis added].
In Evans v. Corporate Services, 207 Ill.App.3d 297, 565 N.E.2d
724 (2nd Dist. 1990) the court stated that "a void judgment, order or
decree may be attacked at any time or in ANY COURT, either directly or
collaterally" [Emphasis added].
Judge Gembala knew, or should have known, that the phrases
"ANY COURT", "IN ANY COURT", "IN EVERY COURT" and
"EVERY OTHER COURT" found in Court decisions means any court in Cook
County, any court in the State of Illinois, or in any court, state or federal,
in the United States, as a void order has no legal force or effect, and is not,
and could not be, at any time a final judgment.
In People v. Streeper, 12 Ill.2d 204, 145 N.E.2d 625 (1957), the
Court stated that "The jurisdiction of the court must be determined as of
the commencement of the action. Pennoyer v. Neff, 95 U.S. 714, 24 L.Ed.
565".
Judge Gembala knew, or should have known, that he had to
determine the question of subject-matter jurisdiction at the commencement of
the 90-D-2724 action in 1970 and the 91-D-5122 action in 1971. Judge Gembala
did not comply with the law, and did not determine whether jurisdiction of the
Circuit Court of Cook County existed at either pertinent times.
Judge Gembala conscientiously, arbitrarily, capriciously,
deliberately, intentionally, and knowingly engaged in conduct in violation of
Rule 62(A) and Rule 63(A). FRAUD UPON THE COURT
"Fraud upon the court" occurs whenever any officer of
the court commits fraud before a tribunal. A judge is not a court; he is under
law an officer of the court, and he must not engage in any action to deceive
the court. Trans Aero Inc. v. LaFuerga Area Boliviana, 24 F.3d 457 (2nd Cir.
1994); Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985) (fraud
upon the court exists "where the judge has not performed his judicial
duties").
The Supreme Court, In re Eugene Lee Armentrout et al., 99 Ill.2d
242, 75 Ill.Dec. 703, 457 N.E.2d 1262 (1983), stated that:
"Fraud encompasses a broad range of human behavior,
including " ' * * * anything calculated to deceive, * * * whether it be by
direct falsehood or by innuendo, by speech or by silence, by word of mouth or
by look or gesture.' " (Regenold v. Baby Fold, Inc. (1977), 68 Ill.2d 419,
435, 12 Ill.Dec. 151, 369 N.E.2d 858, citing People ex rel. Chicago Bar
Association v. Gilmore (1931), 345 Ill. 28, 46, 177 N.E. 710; In re Alschuler
(1944), 388 Ill. 492, 503-04; Black's Law Dictionary 594 (5th
ed. 1979).) Too, this court has previously disciplined lawyers even though
their fraudulent misconduct did not harm [99 Ill.2d 252] any particular
individual. In re Lamberis (1982), 93 Ill.2d 222, 229, 66 Ill.Dec. 623, 443
N.E.2d 549."
The decision by Judge Gembala, in stating that "Moreover,
this court is aware of no authority which would permit it to vacate an order of
the Appellate Court." either was a statement made to deceive the parties
before the court, was contrary to known law, and was a fraud upon the court by
Judge Gembala, or was a demonstration of his lack of competency, in violation
of Rule 63(A), or was a demonstration of his failure to respect and comply with
the law, in violation of Rule 62(A), Judges should not engage in fraud upon the
court, issuing decisions that he knew, or should have known, under law were
void and in violation of the Illinois Code of Judicial Conduct.
JUDGE GEMBALA CANNOT
CONFER JURISDICTION ON A COURT THAT LACKS JURISDICTION
Judge Gembala has no lawful authority to confer jurisdiction on
any court that does not have subject-matter jurisdiction, yet Judge Gembala has
attempted to confer jurisdiction on the Appellate Court upon which no
subject-matter jurisdiction was ever conferred by law. Martin v. Schillo, 389
Ill. 607, 60 N.E.2d 392 (1945) ("Jurisdiction of the subject matter is
always conferred by law.").
The law in Illinois is stated in the decisions of the Supreme
Court of Illinois. Before the Appellate Court could rule on the Appeal, it
first had to determine if the lower court held subject-matter jurisdiction.
After its finding that there was no Petition in the record of the 91-D-5122
case, according to the prior decisions of the Illinois Supreme Court, as cited
below, the only valid decision that it could make was that the trial court did
not have subject-matter jurisdiction. Since the trial court was without
subject-matter jurisdiction, the Appellate Court held no subject-matter
jurisdiction and any ruling, other than to vacate the trial court's order as
issued without subject- matter jurisdiction, was void. The Appellate Court's
purported finding that the trial court held jurisdiction as to a cause of
action was void ab initio since its findings that there was no Petition in the
record of the case deprived that court of any subject-matter jurisdiction to
issue any order except an order to vacate the trial court's void judgment.
The Appellate Court was bound by the following Supreme Court
decisions. In In re Contest of Elections for Governor, 93 Ill.2d 465 (1983),
the court stated:
"The petition required to put the court in motion and give
it jurisdiction must be in conformity with the statute granting the right and
must contain all the statements which the statute says the petition shall
state, - and if the petition fails to contain all of these essential elements
the court is without jurisdiction. citing Brown v. VanKeuren, 340 Ill. 118
(1930)." [Emphasis added].
"The court derived its jurisdiction to proceed in a matter
solely from statute, ordinary presumptions of jurisdiction do not obtain, and
every fact necessary to support such jurisdiction must appear from the face of
the record." People v. Heizer, 36 Ill.2d 438, 223 N.E.2d 128 (1967)
[Emphasis added.]
The trial court in case 91-D-5122 lacked authority to act for
want of subject matter jurisdiction. People v. Brewer, 328 Ill. 472, 483 (1928)
("If it could not legally hear the matter upon the jurisdictional paper
presented, its finding that it had the power can add nothing to its authority,
-- it had no authority to make that finding.").
In I.C.R.R. Co. v. Hasenwinkle, 232 Ill. 224, 227 (1908), the
court stated that "The law presumes nothing in favor of the jurisdiction
of a court exercising special statutory powers, such as those given by statute
under which the court acted, (Chicago and Northwestern Railway Co. v. Galt, 133
Ill. 657), and the record must affirmatively show the facts necessary to give
jurisdiction. The record must show that the statute was complied with".
Judge Gembala knew, or should have known, that in all courts of
limited jurisdiction, such as domestic relations, there is no presumption of
subject-matter jurisdiction, People v. R.D.S., 94 Ill.2d 77, 84 (1983); People
ex rel. Curtin v. Heizer, 36 Ill.2d 438 (1967), and that subject-matter
jurisdiction can only be determined by an inspection of the full and complete
record of the case. State Bank of Lake Zurich v. Thill, 113 Ill.2d 294, 497
N.E.2d 1156 (1986); Herb v. Pitcairn, 384 Ill. 237, 241 (1943). Contrary to
law, Judge Gembala presumed subject-matter jurisdiction to have been conferred
without an inspection of the full and complete record of the 91-D-5122 action.
Judge Gembala knew, or should have known that three Appellate
Court Justices and the Chief Deputy Clerk of the Circuit Court of Cook County
inspected the full and complete record of the case, and all four found that no
Petition existed in the record of the case. Judge Gembala knew, or should have
known that, under Illinois law, Herb v. Pitcairn, 384 Ill. 237, 241 (1943)
("A judgment void upon its face and requiring only an inspection of the
record to demonstrate its invalidity is a mere nullity, in legal effect no
judgment at all, conferring no right and affording no justification."),
the inspection by the four parties substantiated that the record of the
91-D-5122 could not sustain a valid judgment. This finding has never been
controverted, and Judge Gembala had no lawful authority to issue any ruling in
violation of the law.
Judge Gembala knew, or should have known, that he did not have
any lawful authority to overrule the findings of the Appellate Court Justices,
but that under law he must accept their findings. Judge Gembala knew, or should
have known, that the finding by the Appellate Court that there was no Petition
in the record of the case must be accepted by him, and he knew, or should have
known, that he must rule based on the law that pertains to cases on which there
is no Petition in the record of the case.
Judge Gembala knew, or should have known, that the Appellate
Court acted without lawful authority and he knew, or should have known, that he
could not utilize a void order in his decision.
TRESPASSER OF THE LAW
Judge Gembala knew, or should have known, the law relative to
void orders. Judge Gembala knew, or should have known that under the law in
Illinois he was a trespasser of the law. Von Kettler et.al. v. Johnson, 57 Ill.
109 (1870) ("if the magistrate has not such jurisdiction, then he and
those who advise and act with him, or execute his process, are
trespassers."); Elliott v. Peirsol, 1 Pet. 328, 340, 26 U.S. 328, 340
(1828).
Judge Gembala knew, or should have known, that he had no lawful
authority to act directly or indirectly in such a manner that allowed a
judgment to stand when the judge issuing that judgment had no subject-matter
jurisdiction, He knew, or should have known, that he was conscientiously,
arbitrarily, capriciously, deliberately, intentionally, and knowingly engaged
in conduct supporting a void judgment in violation of the law.
INTERFERENCE WITH LEGAL
DUTY OF LITIGANT
Judge Gembala knew, or reasonably should have known that when he
interfered with a litigant's legal rights and duty in case no. 96-CH-5651 to
address the court, he engaged in actions in violation of the Appellate Courts'
requirement that "a litigant has a duty, independent of that of his or her
attorney, to follow the progress of the case and TO TAKE ACTION WHEN COUNSEL
DOES NOT." [Emphasis added]. Sakun v. Taffer, 268 Ill.App.3d 343, 643
N.E.2d 1271 (1st Dist. 1994); Burton v. Estrada (1986), 149 Ill.App.3d 965,
972, 501 N.E.2d 254, citing Falcon Manufacturing Co. v. Nationwide Brokers,
Inc. (1984), 123 Ill.App.3d 496, 499-500, 462 N.E.2d 562; American Consulting
Association, Inc. v. Spencer (1981), 100 Ill.App.3d 917, 922-23, 427 N.E.2d
579.
Judge Gembala knew, or reasonably should have known that he
conscientiously, arbitrarily, capriciously, deliberately, intentionally, and
knowingly engaged in conduct that deprived the litigant of his due process
rights, and that he conscientiously, arbitrarily, capriciously, deliberately,
intentionally, and knowingly engaged in conduct to interfere with the
litigant's legal duty as placed upon the litigant by the Appellate Courts.
FAILURE TO VACATE VOID
APPELLATE ORDER
Judge Gembala knew, or reasonably should have known that no
reviewing courts have any lawful authority to affirm or validate void judgments
or orders. Judge Gembala knew, or reasonably should have known that the
Illinois Supreme Court had no lawful authority to review or affirm the void
Order of the Illinois Appellate Court. The Supreme Court acted correctly when
it refused to hear the appeal of the Appellate Court, as it knew that it had no
lawful authority to review an Appellate Court's void order.
Judge Gembala knew, or should have known, that he not only
should have vacated the void order of the 91-D-5122 court based on the
Complaint of the Plaintiff in the 96-CH-5651 case, but even has the lawful
authority to vacate the void judgment of the 91-D-5122 action and the void
judgment of the First District Appellate Court sua sponte on
his own motion. People v. Thompson, 231 N.E.2d 605 (1967).
EXCEEDED LAWFUL AUTHORITY
Judge Gembala knew, or should have known that void orders have
no legal force or effect. Yet Judge Gembala engaged in conduct that attempted
to made a void judgment valid, contrary to any and all known law. COVERUP OF
THE UNLAWFUL ACT OF JUDGE-SHOPPING
Judge Gembala knew, or reasonably should have known, that the
act of "judge-shopping" had occurred in the procurement of purported
jurisdiction which vitiated the lawful authority of the 91-D-5122 judge. FRAUD
UPON THE STATE OF ILLINOIS
Judge Gembala knew, or reasonably should have known, that he was
engaged in the waste of judicial resources. The Respondent suggests that the
waste of judicial resources is a fraud upon the State of Illinois.
JUDGE GEMBALA SHOULD NOT
AID AND ABET NOR PARTICIPATE IN CRIMINAL ACTIVITY
Judge Gembala knew, or reasonably should have known that by his
delaying to vacate the void order, any execution on the void order could lead
to a criminal act being performed by others, based on the void order, and that
no judge should aid and abet criminal actions. Judge Gembala knew, or
reasonably should have known that, should anyone execute on the void order and
if such execution should interfere with interstate commerce, such as
interfering with the Respondent's purchase of any items involved in interstate
commerce, United States v. Murphy, 768 F.2d 1518 (7th Cir. 1985), then Judge
Gembala would become a principal, 18 U.S.C. Section 1, in the interference with
interstate commerce.
Extortion is defined in Black's Law Dictionary - 6th Edition as:
"The
obtaining of property from another induced by wrongful use of actual or
threatened force, violence, or fear, or under color of official right."
Should anyone attempt to execute on the void judgment that Judge
Gembala had, under his judicial responsibility, a duty to vacate, or the void
judgment issued by Judge Gembala in case no. 96-CH-5651, then he would have
personally aided and abetted a scheme of extortion and other criminal activity.
Judge Gembala would then be involved in the unlawful act of racketeering, in
violation of 18 U.S.C. Section 1951.
CONNIVANCE WITH THE CLERK
OF THE CIRCUIT COURT OF COOK COUNTY IN COVERING UP THE DISAPPEARANCE OF COURT
RECORDS
Judge Gembala knew, or should have known, that there is
currently a dispute between the Chief Judge of the Circuit Court of Cook County
and the Clerk of the Circuit Court of Cook County relative to the disappearance
of court records. Judge Gembala was informed in the 96-CH-5651 action of the
multiple filing of identical actions before the Circuit Court of Cook County
and the facts of the missing court files.
Judge Gembala knew, or should have known, that under the
Illinois Constitution, the Clerk of the Circuit Court of Cook County had the
duty to preserve the full and complete records of all cases. He knew that the
records of cases no. 90-D-2724 and 91-D-5122 were not preserved.
Judge Gembala knew, or should have known, that he engaged in,
and connived in, actions to support the Clerk of the Circuit Court in her
violation of her Constitutional and statutory duties to preserve the records of
cases no. 90-D-2724 and 91-D-5122.
CONCLUSION
Judge Francis A. Gembala has no respect for the law, does not
comply with the law, does not install public confidence in the integrity and
impartiality of the judiciary, is not faithful to the law, and does not
maintain professional competence in the law. Further, he conscientiously,
arbitrarily, capriciously, deliberately, intentionally, and knowingly: engaged
in conduct in violation of his duty as a judge and of the Code of Judicial
Conduct, engaged in actions in violation of the Supreme Law of the Land and the
law of Illinois, engaged in acts of judicial treason, committed fraud upon the
court, engaged in acts as a trespasser of the law, exceeded his lawful
authority, engaged in actions to interfere with the litigant's legal duty
imposed on the litigant by the Appellate Court, engaged in actions to coverup
the unlawful act of judge-shopping, committed fraud upon the State of Illinois,
aided and abetted criminal activity, and connived with the Clerk of the Circuit
Court of Cook County in covering up the disappearance of court records.
I request that a full and complete investigation into the
willful violations of the Code of Judicial Conduct by Judge Francis A. Gembala
be made by the Judicial Inquiry Board.
Yours truly,
Eugene Alpern
On September 17, 1997 Judge Francis A. Gembala recused himself
from case no. 91-D-5122. [NOTE: A judge may not recuse himself, under law,
unless he is in violation of the Rules of Judicial Conduct. By recusing
himself, Judge Francis A. Gembala has admitted that he was acting in violation
of the Rules of Judicial Conduct.
Caught also received the following feedback regarding this
complaint from CLR.ORG.
A judge may recuse himself to prevent a violation of the Rules
of Judicial Conduct. While this may be true before the judge hears a matter, we
suggest it is not true during the hearing of a matter and when the judge has
already issued void orders.
What should also be taken into account is that there was no subject-matter
jurisdiction nor in personam jurisdiction ever
conferred upon the trial court at any time. In a statutory proceeding, the law
states specifically that a Complaint/Petition that complies strictly with the
statute under which the case is filed, must be filed and must be found in the
record of the case.
The Appellate Court admits that there is no Petition in the record of the case.
Evidence indicates that a valid Petition was never filed. The record of the
case also provides no evidence that a valid summons was ever served upon the
Respondent, or in fact, if there ever was a valid summons.
There are other reasons why the judge was without jurisdiction at any time. For
the reasons stated, Judge Gembella was acting in violation of the law and of
the Code of Judicial Conduct.
Copyright© 1997 by Citizens for Legal Responsibility®. All
rights reserved.
Email: clr@clr.org
9.) That every Democratic Judge who witnessed and received Notice and Notice associated in the 88 D 079012, 2008 CH 33616, and 2020 D 79452 are GUILTY & COMPLICIT in violating the Code of Judicial Conduct in the same manner of former untouchable judge Francis A Gembala where Regina Scannicchio Presiding Judge was named in the same complaint.
10.) That when Eileen O’Neil Burke was a judge in the Appellate Court as a TRUE racist Irish woman, she used her robe and position to help all of her people associated in said crimes by DENYING every valid Motion accompanied via Affidavits, transcripts unimpeached by every person in the Cook County or State of Illinois where the Defendant was concerned.
11.) That because of the Bogus Paternity Case as Democrats sought their kind colluded together as Defendant was held in Contempt of Court while on Public Aid unlawfully and Assistant States Attorney issued a Bogus Warrant against the Defendant totaling five times on a case DISMISSED by former STATES ATTORNEY, RICHARD J. DALEY, September 17, 1987.
12.) That because Democrats are capable of criminalizing any innocent person and protect or release illegal immigrants or vicious criminals back into the streets like wild animals to rein havoc and mayhem on innocent people, hereto attached, Gr Ex C an Email to Chicago Police, Aug 9, 2025, Page 1, Par 4 and 5.
“It is most ironic receiving an email from you because Florida's Department of Agriculture and Consumer Services for a Firearms License for the state of Florida”.
“They
learned: Criminal History information received by this Department indicates
that on November 17, 2006, in hillside, Illinois you were arrested for or
formally charged with CHARGE 1- CONTEMPT OF COURT. "The information
obtained by the Department does not contain the final disposition for this
offense. The Department needs additional time to obtain information related to
the disposition and is actively working to obtain this information"
1.) That On Dec 4, 2023, 2023, Respondent filed a Motion for Summary Judgment and Default Judgment of $50 million dollars, February 9, 2024 properly served on all parties pursuant to Illinois Supreme Court Rule 11 and local rules
2.) That Petitioner being represented by the States Attorney nor herself failed to file a response or objection. Under Illinois Supreme Court Rule 191 and Rule 56, the factual allegations and statements in support of summary judgment were deemed admitted.
3.) That Judge Michael Forti, presiding over this matter, subsequently recused himself on May 9, 2025 via Hearing where an affidavit was filed May 12, 2025 in the Clerk of Cook County verified said admissions.
4.) That despite having recused himself, Judge Forti entered an order back dating to May 9, 2025 but entered May 12, 2025 and emailed to Respondent May 13, 2025 at 5:05am dismissing the Petitioner’s Motion, referring to it incorrectly as a “Petition,” and stating that the case is “off call.”
5.) That it is well-settled law in Illinois that a judge who has recused themselves may no longer take judicial action in a matter. Any such action is beyond their authority and is void ab initio. See In re Marriage of Petersen, 319 Ill. App. 3d 325, 327 (1st Dist. 2001) (“A void order may be attacked at any time.”).
6.) The judge’s action deprived said Respondent of due process and constitutes a violation of judicial ethics under Canon 2, Rule 2.11 of the Illinois Code of Judicial Conduct.
7.)
That Page 5, Par 13 of the Summary Judgment is an
admission demonstrating Blacks, Negros, Colored etc. have no authority over
Anglo Saxon judges within the judiciary, most importantly to further amplify
said veracity the Chief Judge Timothy Calvin Evans whom Judge Forti is
subordinate to and laws of the Appellate Court and Supreme Court rules
have vexatiously with “Damnosis” Contempt
issued rulings of Bias, Hatred and in a Terrorist manner which is systematic to
all Civil Rights Violations, by unlawfully Dismissing a legal Default trying to
“FIX” said case in an attempt to save his kind of people caught up in
this matter.
8.)
INDUCING RELIANCE
To prevail in a cause of action for fraud, plaintiff must prove that defendant made statement of material nature which was relied on by victim and was made for purposes of inducing reliance, and that victim’s reliance led to his injury. Parsons V. Winter, 1986, 1 Dist., 491 N.E. 2d 1236, 96 ILL Dec. 776, 142 ILL App 3d 354, Appeal Denied.
In Carter V. Mueller 457 N.E. 2d 1335 ILL. App. 1 Dist. 1983 The Supreme Court has held that: “The elements of a cause of action for fraudulent misrepresentation (sometimes referred to as “fraud and deceit” or deceit) are: (1) False statement of material fact; (2) known or believed to be false by the party making it; (3) intent to induce the other party to act; (4) action by the other party in reliance on the truth of the statement; and (5) damage to the other party resulting from such reliance.
That
Pursuant to Vigus V. O’Bannon, 1886
8 N.E 788, 118 ILL 334. Hazelton V. Carolus, 1907 132 ILL. App. 512. here are
other cases of Fraud
9.)
US Bank et al vs Monzella
Johnson et al. 2008 CH 33616 case vacated HOW A CERTIFIED COURT ORDER (OCT. 29, 2024) OF JUDGE PAMELA
GILLESPIE VACATING FORECLOSURE JUNE 10, 2010, AND AFFIRMED BY THE APPELLATE
COURT 5TH DIVISION DEC. 30, 2011, whereby, attorneys emailed
Judge Derico with instructions on how to construct a court order so as to
unlawfully evict senior citizens from their home of 64 years before
Thanksgiving 2024, Black or certain Latino judges are only appointed to the
bench or state agencies to fulfill the doctrines of hate and racial oppression
on their own ethnic groups no other group.
10.)
In Re M. G.W Case #2020
D 79452 a case very similar to
the 88 D 079012 is fraught with fraud and corruption where former judge David
Haracz signed an Allocation Order refusing a trial and signed the court order
(November 4, 2021) without any of the parties or their attorneys and Judge Forti
is using that fraudulent document to remove the child from the mother
unlawfully, furthermore demonstrating his untouchable status as a homosexual
terrorizing a Black woman because nobody Black or of competent authority can
admonish him, said orders are a Nullity/Void and needs to be vacated
instanter.
A-
Fraudulent Allocation
Court Order hereto attached, Ex A, How an Allocation should be presented Page
13 AGREED ALLOCATION OF PARENTAL RESPONSIBILITIES AND PARENTING PLAN Ex B
B-
Allocation Order
violated Illinois: 750 ILCS 5/602.10 (Parenting Plan),
Illinois Supreme Court Rule 924
C- Drafting the Allocation
Judgment
Typically,
one attorney (often the petitioner’s) drafts the proposed judgment.
D-
Review and Agreement
Signature and Filing
E-
Once
finalized:
a.
Both parties sign the judgment (or
their attorneys if permitted).
b.
Attorneys sign to indicate approval
as to form and substance.
F-
The final
version is filed with the clerk of the court.
11.)
Respondent has
exhausted over $50,000 for legal representation, not one motion was ever
adjudicated hereto attached Partial Responses to Complaint to the ARDC #2023
IN02076
A- The Attorney for the A.R.D.C. Michael Rusch
in his Oct 2, 2023 reply Page 2 Par 1, Lines 2-4 Based on
conversations with you, Beerman Law requested a full trial before the judge.
The court denied that request et al.
B- That Par 2, Line 3-5 “Regarding Beermann Law, you stated that
Beermann Law failed to challenge the judge, demand a fair trial, or appeal the
judge’s decision et al. further demonstrating the following:
A-
Public
Corruption
B-
Abuse
of Authority under color of law (18 U. S. C. 242)
C-
Bribery
or honest services fraud (18 U.S.C. 1341, 1346, 666)
D-
Civil
Rights violations
12.)
That because of the Unlawful Court Order Void in its entirety in
reference to Par 11 A, Judge Forti has Induced Reliance on an INNOCENT
RESPONDENT, predicated from a plethora of fraudulent court orders causing harm
to her by illegally signing a COURT ORDER MAY 8, 2025 FOR AN INTERIM ORDER OF
PROTECTION ET AL. THE COURT HEREBY FINDS A. SHEMICA HAS ABSCONDED, CONCEALED
AND KIDNAPPED THE MINOR CHILD et al. “RIDICULOUS
SLANDER OF A JUDGE”
13.)
That a Rule to Show Cause for SHEMICA’S failure to pay CHILD
REPRESENTATIVE FEES ET AL.
14.)
That #5 of the order states, “This matter is set for return on
the Order of Protection for November 12, 2025 et al”. “LITIGIOUSLY
PROLONGED SO MANY CAN PROFIT”
15.)
That Judge Forti further violated 18 U.S.C. 242 by
authorizing the COOK COUNTY SHERIFFS TO SERVE THESE UNLAWFUL DOCUMENTS DUE TO
HIS WRECKLESS DISREGARD FOR ANY LAWS.
16.)
JUDGE FORTI SIGNED A COURT ORDER MAY 9, 2025, ON A RULE TO SHOW
CAUSE: COURT FINDS A PRIMA FACIE CASE OF INDIRECT CIVIL CONTEMPT….FOR FAILURE
TO PAY THE CHILD REPRESENTATIVE’S RETAINER, CONTINUED TO AUG 25, 2025.
17.)
That on Monday May 19, 2025, Respondent’s daughter was removed
from her custody in the State of Indiana where she fled for her safety and
has NEVER BEEN UNDER THE JURISDICTION OF COOK COUNTY ONCE JUDGE DAVID E. HARACZ
SIGNED THE VOID COURT ORDER OF NOV. 4, 2021.
18.)
That an email reply (May 19, 2025) from a
retired attorney further articulating the corruption in Cook County Courts
ignored, hereto attached, Ex 3 Page 2, Par 2 How does an ordinary citizen in Illinois
obtain Justice? ---The answer is simple, he/she just does not.
A- To
further amplify the veracity of the aforementioned claim Judge Forti and other
racist judges have used racial hate, Terrorism “Lynching tactics covering up
sordid Civil Rights Violations (40 years) on a Paternity case knowing
Respondent was framed and not only wasn’t his child but forcing him to pay for
an incest matter of a biological Police officer impregnating his daughters, but
because of his skin color and being a Heterosexual, they want the FBI and
everyone to know that they can Criminalize any innocent person to achieve their
satisfaction.
B- That
as if the aforementioned isn’t enough to make the average person puke trying to
ascertain these demonic acts, Respondent Shemica Taylor a mother with no
criminal record, no DCFS record of any sort and due to the alleged
Homosexual/Bisexual and racial hatred of her being a loving Heterosexual mother
has been criminalized and defamed entirely claiming she kidnapped her own
biological child. “sic” “CASE PROLONGED NOW 5 YEARS”
19.)
The
message is clear to all RESPECTABLE MEN OR WOMEN regardless to your skin color,
YOUR MOTHER, AUNT OR DAUGHTERS, GRANDMOTHERS ETC CAN BE RAPED ABUSED, EVICTED
UNLAWFULLY OR GUARDIANS OF COOK COUNTY and be robbed and get a judge like
Forti, Romanek, Derico etc. and the crimes of all perpetrators will be
egregiously covered-up demonstrating no justice can ever be had in any COOK
COUNTY COURTS.
MEMORANDUM
FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES #14219
SUBJECT:
DIRECTING THE REPEAL OF UNLAWFUL REGULATIONS
Promoting economic growth and American
innovation are top priorities of this Administration. Unlawful,
unnecessary, and onerous regulations impede these objectives and impose massive
costs on American consumers and American businesses. In recent years, the
Supreme Court has issued a series of decisions that recognize appropriate
constitutional boundaries on the power of unelected bureaucrats and that
restore checks on unlawful agency actions. Yet, despite these critical
course corrections, unlawful regulations — often promulgated in reliance on
now-superseded Supreme Court decisions — remain on the books.
Consistent with these priorities and with
my commitment to restore fidelity to the Constitution, on February 19, 2025,
I issued Executive Order 14219 (Ensuring Lawful Governance and
Implementing the President’s “Department of Government Efficiency” Deregulatory
Initiative). It directed the heads of all
executive departments and agencies to identify certain categories of unlawful
and potentially unlawful regulations within 60 days and begin plans to repeal
them. This review-and-repeal effort shall prioritize evaluating each
existing regulation’s lawfulness under the following United States Supreme
Court decisions:
A-
State Agencies and Judges have demonstrated
anarchy and chaos in the courts needing Federal intervention because this is a
40 year (“Fixed Incest Paternity case) old case and judges and state agencies
have demonstrated how they are able to violate and circumvent the laws of the
US Constitution and still enforce Jim Crow Laws outlawed by the US Supreme
Court.
20.)
THAT COOK COUNTY JUDGES DO NOT HONOR OR ABIDE BY ANY LAWS OF THE
UNITED STATES CONSTITUTION
A- Steinbrecher v. Steinbrecher, 197 Ill. 2d 514, 528 (2001) “Pro Se litigants are presumed to have full knowledge of applicable court rules and procedures”
B-
The Seventh Circuit
Court of Appeals held that the Circuit Court
of Cook County is a criminal enterprise. U.S. v. Murphy, 768 F.2d 1518, 1531 (7th Cir. 1985)”.
21.) That because Judge Forti did not enter a court order into the record from the May 9, 2025, 9:00am Hearing, said State of Illinois Affidavit is being filed, Particularizing all events that transpired in that court corroborating “Fraud” and “Corruption”
22.) That years ago a Judge of Jewish ethnicity and of impeccable integrity advised me to always obtain a court order from a judge anytime you appear before him and an Irish Judge Patrick McGann told me to never appear in any court on Hearsay information.
A- Case 88 D 079012 Aug 3, 1988 vacating wrong date of defective service of Feb 24, not Feb 23, 1988 caused the May 18, 1988 DEFAULT to stand never ordering child support, causing all court orders afterwards to be deemed Void/a Nullity.
B- Respondent served Courtesy Copy IV via email April 28, 2025, to Judge Forti and members of the Judiciary as well as the Judicial Council of the Seventh Circuit, particularizing the racist hateful terrorist criminal acts of him and all of his kind has participated in and are guilty of.
C-
Because of Respondents skin color and not being intimidated or
bullied by him or the state Judge Forti has recused himself from the matter
when he never was supposed to be on the case in the first place entering any
court orders.
A-
Forti used City Hall, the States Attorney and State Agencies other judges to
help Ken S. Ray, Asst States Atty as they committed Perjury aided and abetted
with Francoise Hightower trying to help her EXTORT money from him
illegally for child support of a child he was never the father and prevent his
Reinstatement back to the CTA due to criminal conspiracies.
1.) The Summary Judgment was filed Dec 4, 2023 and was ignored and thereby admitted too in its entirety Local Rule 56.1(a) provides that a motion for summary must include a "statement of material facts as to which the moving party contends there is no genuine issue and that entitle the moving party to a judgment as a matter of law."
This statement of material facts "shall consist of short numbered paragraphs, including within each paragraph specific references to the affidavits, parts of the record, and other supporting materials relied upon to support the facts set forth in that paragraph." Part (b) of Local Rule 56.1 requires a party opposing summary for judgment to file a concise response to the movant's statement of material facts. That statement is required to include a response to each numbered paragraph in the moving party's statement, including in the case of any disagreement, "specific references to the affidavits, parts of the record, and other supporting materials relied upon." The rule is very clear that "all material facts set forth in the statement required of the moving party will be deemed admitted unless controverted by the statement of the opposing party." Local Rule 56.1(b)(3)(B).
2.) That the Default was filed Feb. 9, 2024 and methodically particularized all documents filed with affidavits and never denied or objected to but the judges mistook him as being a pushover simply because of their alleged skin color or alleged homosexual fraternal liaisons.
In the matter of Raymond, 442 F. 3d at 606. (7th Cir. 2013) ) The Court, nevertheless, is concerned and considers the prejudice to Plaintiff for Plaintiff’s counsel’s failure, particularly because cases should be decided on their merits. Certainly, the failure to file a response to a summary judgment motion can be fatal. See, e.g., id at 611.
23.) The following events are transcribed from the Dec 13, 2024 where
ASA Yolanda never provided a court order
24.)
Joe Louis Lawrence: So I am. I’m respectfully objecting to the state
being involved because judged when Eileen Burke was a judge, she was involved
in this matter and denied..
25.)
Judge Forti: And at the moment, Sir, Sir, this is falling. I’m
telling you that you have filed a motion against a variety of parties,
including the assistant state’s attorney. You got him. You filed a motion for
default. Isn’t that, right?
26.)
Joe Louis Lawrence: That is correct. And I also filed a motion to go to a
different venue
27.)
Judge Forti: I am letting him Miss Simmons know that you filed this motion
for default. And I want to know what Miss Simmons’s position is now.
28.)
ASA: At this time, I have received some emails on this
case. From Scannicchio Clerk as well as from our own internal policies on how
we handle with these cases. Your honor. I’m going to have to set this for brief
continuance and get more clarification from my supervised attorney about how we
handle these types of cases given the nature of what Mr. Lawrence has filed. So
what date?
29.)
Judge Forti: So what day?
30.)
ASA: I want to say this for January 30th. I’m sorry.
January 3rd.
31.)
Judge Forti: is that work, Mr. Lawrence?
32.)
Joe Louis Lawrence: It’s fine.
33.)
ASA: Can you come back here at noon?
34.)
Joe Louis Lawrence: Back to zoom?
35.)
ASA: Yes.
36.)
Joe Yes
37.)
Judge Forti: And the issue is where it where you’re get your getting Miss
Simmons is seeking the continuance with respect to the fact that you re noticed
your motion for default
38.)
Joe Louis Lawrence: And for the Cook County Judiciary to
be recused as well.
39.)
Judge Forti: That I cannot do.
40.)
Joe Louis Lawrence: And we still have Maritza Martinez motion that have not been
addressed that I paid to $75 for
41.) Judge Forti: You need to go back to Miss Judge Martinez I can only handle because I have not recused myself and your effort to get me recused by virtue of the SOJ was denied. So I am. Keeping this case until at least we see what Miss Simmons says on the motion for default anything relating to Judge Romanek or Judge Martinez you have to raise in those courtrooms all right. So Miss Simmons, what do you have Mr. Lawrence’s contact information?
42.) That ASA Yolanda Simmons never presented any documents
impeaching the veracity of any Respondents pleadings but made irrelevant
statements in the court and violated the sections of the Illinois Rules of
Professional Conduct, RPC 3.3…
. Enforcement of a Void Judgment
The
May 8, 1996, court order, which has been used to enforce child support
obligations against me and, is void ab initio due to the existence of an
unvacated prior order dated May 18, 1988. The enforcement of a void judgment
violates due process rights, that the original order (1988) superseded everything
else.
- “A void judgment is one which,
from its inception, is a complete nullity and without legal effect.”
— People v. Wade, 116 Ill. 2d 1, 506 N.E.2d 954 (1987)
- “A judgment is void if it
violated due process.”
— Johnson v. Zerbst, 304 U.S. 458 (1938)
2. Falsification of Court Records
There
is evidence suggesting that Assistant State’s Attorneys and others, along with
CTA General Attorney, participated in altering official records to misrepresent
Tycee’s age, thereby falsely establishing minor status to justify child support
enforcement, The
State’s Attorney and others are accused of backdating or altering a birthdate
to make someone a minor again, likely to continue child support obligations
past their lawful limit are egregious within the laws itself and demonstrates
serious criminal allegations being covered up.
- “Fraud upon the court… vitiates
the entire proceeding.”
— People v. Sterling, 357 Ill. 354, 192 N.E. 229 (1934)
- “Fraud upon the court is fraud
which is directed to the judicial machinery itself.”
— Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 1985)
Such
actions, not only undermine the judicial process but may also constitute
criminal offenses under:
- 720 ILCS 5/17-3 – Forgery
- 720 ILCS 5/33-3 – Official
Misconduct
3.
Unlawful Arrest and Retaliation
In
1994, a former CTA attorney in the workman’s compensation division Judge
(Ronald Bartkowicz) issued a warrant leading to my arrest and the removal of my
CTA badge while I was handcuffed. This action appears to have been retaliatory,
stemming from my prior complaints against systemic racism and injustice at the
CTA for not receiving any workman’s compensation while off work injured on duty
( a drunk police officer totaled his van on my rear bumper while standing still
at a CTA bus stop). Lockwood Chicago.
Police
Officer levied a false allegation complaint where an Order of Protection was
never served on me and had no knowledge of but was arrested and Remanded into
custody.
- “A person has a constitutional
right to be free from arrest unless probable cause exists.”
— Beck v. Ohio, 379 U.S. 89 (1964)
- “Retaliation for the exercise
of constitutional rights is actionable under § 1983.”
— Mt. Healthy City Sch. Dist. Bd. of Educ. v. Doyle, 429 U.S.
274 (1977)
If
the arrest was indeed retaliatory, it constitutes a violation of my First and
Fourth Amendment rights.
4.
Denial of Due Process
The
persistent handling of my case by certain judges, despite evident conflicts of
interest and potential biases, raises concerns about forum shopping and denial
of a fair trial. The
case is kept in front of certain judges to ensure a predetermined outcome due
to racial bias or corruption
- “A fair trial in a fair
tribunal is a basic requirement of due process.”
— In re Murchison, 349 U.S. 133 (1955)
- “Due process of law requires
that a party be accorded procedural fairness, i.e., given notice and an
opportunity to be heard.”
— Fiallo v. Lee, No. 1-04-0440 (Ill. App. Ct. 2005)
5.
Improper Enforcement and Financial Extortion
The
enforcement of the 1996 order, despite its void status, has led to unauthorized
wage garnishments and financial penalties, effectively amounting to extortion
under the guise of legal authority.
- “The knowing use of a void
judgment as a basis for legal enforcement can constitute fraud.”
— People ex rel. Brzica v. Village of Lake Barrington, 268 Ill.
App. 3d 420 (1994)
Such
actions may also violate federal statutes, including:
- 18 U.S.C. § 1341 – Frauds and
Swindles
- 18 U.S.C. § 242 – Deprivation
of Rights Under Color of Law
6.
Federal Implications and Need for Oversight
Given
the involvement of public officials and potential systemic misconduct, this
matter may fall under the purview of federal oversight agencies, including the
FBI and the U.S. Department of Justice.
Based
on the aforementioned, My Prayer for Relief respectfully requests:
- Immediate suspension of all
enforcement actions related to the May 8, 1996, order.
- Transfer My Summary Judgment,
Default Judgment & Motion to Recuse the Entire Cook County Judiciary
and Appoint a Special Prosecutor et al. to Rolling Meadows Municipal
District venue free of Bias.
- Comprehensive investigation
into the alleged misconduct by the Illinois Judicial Inquiry Board and
other appropriate bodies who have ignored all my complaints
- Referral of this matter to
federal authorities for potential civil rights violations.
- Vacate all Court Orders that
Judge Forti unlawfully signed having Respondent Shemica Taylor’s kidnapped
daughter RETURNED BACK INTO HER CUSTODY INSTANTER.
Given
the involvement of public officials and potential systemic misconduct, this
matter may fall under the purview of federal oversight agencies, including the
FBI and the U.S. Department of Justice.
In addition to the above, My Prayer for
Relief respectfully requests:
- Immediate suspension of all
enforcement actions related to the May 8, 1996, order.
- Comprehensive investigation
into the alleged misconduct by the Illinois Judicial Inquiry Board and
other appropriate bodies not addressing any of the issues.
- Referral of this matter to
federal authorities for potential civil rights violations.
- Rule to Show Cause against all
parties complicit in the Criminal Enterprise of Cook County with a Body
Attachment Instanter.
- Vacating all Court Orders in Re
Shemica Taylor who have not seen or spoke to her daughter ever since she
was kidnapped via Judge Forti’s
unlawful Order of Protection et al.
The
actions described herein represent not only personal grievances but also
potential systemic failures within our judicial system. Upholding the rule of
law and ensuring justice requires that such allegations be thoroughly
investigated and addressed.
1.) The United States Supreme Court recently acknowledged
the judicial corruption in Cook County, when it stated that Judge "Maloney
was one of many dishonest judges exposed and convicted through 'Operation
Greylord', a labyrinthine federal investigation of judicial corruption in
Chicago". Bracey v. Gramley, case No. 96-6133
(June 9, 1997).
Since judges who do not report the criminal activities of
other judges become principals in the criminal activity, 18 U.S.C. Section 2, 3
& 4, and since no judges have reported the criminal activity of the judges
who have been convicted, the other judges are as guilty as the convicted
judges.
Under Federal law which is
applicable to all states, the U.S. Supreme Court stated that if a court is
"without authority, its judgments and orders are regarded as nullities.
They are not voidable, but simply void; and form no bar to a recovery sought,
even prior to a reversal in opposition to them. They constitute no
justification; and all persons concerned in executing such judgments or
sentences, are considered, in law, as trespassers." Elliot
v. Piersol, 1 Pet. 328, 340, 26 U.S. 328, 340 (1828)
The Illinois Supreme Court held
that if a court "could not hear the matter upon the jurisdictional paper
presented, its finding that it had the power can add nothing to its authority,
- it, had no authority to make that finding." The People v.
Brewer, 128 Ill. 472, 483 (1928). The judges listed below had no
legal authority (jurisdiction) to hear or rule on certain matters before them.
They acted without any jurisdiction.
When judges act when they do not have jurisdiction to act, or they
enforce a void order (an order issued by a judge without jurisdiction), they
become trespassers of the law, and are engaged in treason.
43.) Pembaur
v. City of Cincinnati, 475 U.S. 469 (1986), is a United States Supreme Court case
that clarified a previous case, Monell v.
Department of Social Services (1978), and
established that municipalities can be held liable even for a single decision
that is improperly made, State Agency colluded with a plethora of other
agencies violating the Ku Klux Klan Act of 1871 and Civil rights Act of 1866
and Mansell v Saunders (CA 5 F 1A)
372 F 2d.
.
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