|Lesson 1 Dirty Little Secret|
Our judicial system is based on the U.S. Constitution, above all else. Due process means trial by an impartial judge, jury, or adjudicator. In Georgia, the judge has the option to simply recuse him/herself, without revealing any information as to the reason for voluntary recusal. Or, the judge has the option to reveal that knowledge which might be perceived as affecting the judge’s impartiality and simply OFFER his/her recusal. These two methods are designed to PROTECT both the judge AND the litigants. The responsibility to protect lies with the judge, not the litigants.
But, what happens when a judge CHOOSES to withhold information that only he/she knows, allowing only the surface APPEARANCE of justice? Such an act deprives the litigants of both impartial judgment and due process, and is a direct violation of the U.S. Constitution. Obviously, the withholding of the information is not a “judicial act,” for it precedes and causes the judgment to be biased. It taints all subsequent actions by that judge. The actions are WITHOUT jurisdiction.
The judge has, under color of office, committed fraud by deceiving the litigants and JUSTICE itself. The Judge has violated his/her sworn oath to defend and protect the U.S. Constitution. Immunity is lost. Any Orders are VOID.
What is a VOID order? It is a court order, signed by a judge and filed with the clerk, which has absolutely no legal force or effect. “VOID ab initio” means “as if it never was,” or more precisely, VOID means “of no legal force or effect” and the Latin phrase ab initio means “from the beginning.” It may exist as a piece of paper, but it has absolutely NO meaning. It isn’t even worth the paper that it is written on. It doesn’t require any attack or counter-attack to invalidate it; it is invalid as it appears. And, there is no statute of limitations in any court of law.
What “makes” a court order VOID? In the state of Georgia, there are several reasons why an Order may be VOID. An Order is VOID if not signed and filed by the judge in the TIME required by statutory law. If the judge acted without jurisdiction, an Order is VOID. And, an Order is VOID if the judge SHOULD have recused him/herself prior to acting on the merits of the case. There is sufficient federal case law, as well as Georgia case law, to hold this true throughout the U.S.
What happens when a judge realizes that he has filed a VOID order? Should he/she tell the parties, or simply allow the VOID order to appear valid? Because it is the judge’s responsibility for having filed the VOID Order, the judge must decide what to do about it. Many people would say that the ethical thing to do would be to notify the parties and permit re-litigation. But since the law prescribes that the judge acted as “his own person” when filing the VOID Order, the judge consequently loses immunity and becomes liable for the harm caused by that VOID Order.
The judge is now really in a pickle.
On the one hand, telling the parties could bring unbelievable embarrassment to the judge and leave him/her vulnerable to civil litigation. It could even mean the loss of his/her seat on the bench. Through re-litigation, the judge might be found liable for large financial reversals, because he acted as “his own person.” Even worse, what if the faulty order had been in a divorce case and one or both of the parties has married again? The judge could then be held responsible for “causing” someone to commit bigamy!
On the other hand, why couldn’t the VOID order simply be allowed to appear valid? The parties had actually appeared in the jurisdiction of the court, hadn’t they? Couldn’t it be argued that they agreed to the finality of the order? Sort of, as in a settlement agreement? Even if there is no signed settlement agreement, couldn’t the Judge’s Order stand as such? If no one ever revealed the true status of the order, who would ever be hurt? If it didn’t appear that any repercussions would ever surface as a result of the VOID order, who would ever know?
Sounds like the arguments of someone who KNOWS the lawful consequences and believes the litigants to be ignorant of the law………….
The Honorable Robert E. Flournoy, Jr. made such a decision in December of 1995.
He chose to file a VOID order and then to conceal his VOID order. Even before he filed it, he knew it was VOID. What a grievous mistake, for the issue resurfaced on other grounds. For some time it appeared that it could be quietly “handled” by extremely calculating attorneys and a fellow judge. The intent was to “settle” the continuing battle out of court. It appeared that no one would ever be the wiser about the true status of the original Order. (Lesson 22)
But the parties couldn’t be controlled. So it required several other judges to take action and file additional (void) orders. Markers were called in. Assurances were made that the problem would go away.
The Honorable Michael Stoddard filed VOID orders. Even before he convened a single hearing, he knew (or should reasonably have known) that he did not have proper jurisdiction. The content of his VOID orders was intended to scare the litigant, but it didn’t work. Judge Stoddard later committed a gross act of ex-parte communication in his own courtroom. (See Lessons 9 and 16)
The Honorable Dorothy Robinson filed VOID orders for the purpose of burying the original VOID order. But, her orders were so obviously in violation of statutory law that they couldn’t be ignored. (See Lesson 15)
The Honorable S. Lark Ingram filed VOID orders because she believed both a trusted friend and her father. But, her first order was so obviously in violation of statutory law that even she balked at filing it. She then immediately recused herself…….another VOID Order. (See Lesson 14)
The Honorable James G. Bodiford filed VOID orders, including a denial of a properly pled demand for jury trial. His obvious attempt to bully the plaintiff failed to produce the expected results, so he filed another VOID order in an attempt to cover his own actions. (See Lesson 10) On direct appeal, the Georgia Supreme Court hid behind Rule 59, (See Lesson 25) effecting concealment of the VOID Orders of both the Honorable James G. Bodiford and the Honorable S. Lark Ingram.
The Honorable George Kreeger filed a VOID order. The order was actually determined and written by the Honorable Robert E. Flournoy, Jr., but signed by the Honorable George Kreeger. (See Lesson 7)
The Honorable Jere White (senior judge from Bartow County) listened and voluntarily recused himself. By this time, multiple violations of statutory law, constitutional law, and civil procedure had become evident. He obviously wanted no part in the conspiracy. He came just short of declaring the original divorce decree VOID. His words were, “This is not a valid – do you see what I’m talking about?” (See Lesson 11)
The Honorable Conley Ingram (senior judge in Cobb County and former Justice of the Georgia Supreme Court) listened and voluntarily recused himself. He is the father of the Honorable S. Lark Ingram and former law partner of the Honorable Robert E. Flournoy, Jr. (See Lesson 8)
The Honorable Kenneth O. Nix filed VOID orders. (See Lesson 4) First, he attempted to steer clear of the mess, but after committing grievous error by barring legal discovery from October until May, he filed VOID orders and then participated in a request to the Honorable William T. Boyette that circumvented his own VOID orders.
The Honorable William T. Boyett filed a VOID order, AFTER the end of his term of office as the 7th district administrative judge! (See Lesson 5)
The Honorable Robert J. James (the new 7th district administrative judge) failed to report the judicial misconduct to the Judicial Qualifications Commission. Other judges were made aware of the situation, but also chose to ignore their sworn obligation to report the misconduct. (See Lesson 6)
The Honorable Rufe E. McCombs (senior judge from Muskegee County) filed multiple VOID orders. They counted on her reputation and gentle nature to deceive the plaintiff. Sadly, Judge McCombs was incapable of comprehending the magnitude of the conspiracy. Consequently, she was both victim and conspirator. (See Lesson 3)
Why would all of these judges commit such blatant violations of a citizen’s rights and actually “war” against the U.S. Constitution? Because VOID orders are a dirty little secret in law. The average citizen doesn’t have a clue about VOID orders. These judges gambled that their dirty little secret could cover up the racketeering and conspiracy to commit fraud in which they knowingly participated.
The Honorable gambled against the one in a million chance of being exposed. Honorable or Criminal?