") In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything." ) Dunham v. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters. 229 (1934) ("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions. It is also clear and well-settled Illinois law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. "Fraud upon the court" makes void the orders and judgments of that court. What effect does an act of "fraud upon the court" have upon the court proceeding? 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.
"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. 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." 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. Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court".
State and federal attorneys fall into the same general category and must meet the same requirements. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. What causes the "Disqualification of Judges"?Ī judge is an officer of the court, as well as are all attorneys.What effect does an act of "fraud upon the court" have upon the court proceeding?.Waco 502 US 9, 116 L Ed 2d 9, 14, 112 S Ct 286 (US 1991) "Fraud On The Court By An Officer Of The Court" “Second, a judge is not immune for actions, though judicial in nature, taken in the complete absence of all jurisdiction. They constitute no justification and all persons concerned in executing such judgments or sentences, are considered, in law, as trespassers." Elliot v. They are not voidable, but simply void and form no bar to a recovery sought, even prior to a reversal in opposition to them. Supreme Court stated that if a court is "without authority, its judgments and orders are regarded as nullities. Under Federal law which is applicable to all states, the U.S. Fraud On The Court By An Officer Of The Court And Disqualification Of Judges, State and Federal "Fraud On The Court By An Officer Of The Court"Īnd "Disqualification Of Judges, State and Federal"