of the United States, wars against the Constitution and engages in violation of the
Supreme Law of the Land. If a judge does not fully comply with the Constitution, then
his orders are void. In re Sawyer, 124 U.S. 200 (1888), he is without jurisdiction, and
he/ she has engaged in an act or acts of treason. U.S. v. Will 449 U.S. 200, 216, 101
S. Ct. 471, 66 EEd. 2d 392, 406 (1980); Cohens v. Virginia, 19 U.S. (6 Wheat) 264, 404,
5 L. Ed. 257 (1821). I have no problem with the statement – but note a judge who acts ultra vires creats a voidable judgment at best – not a void judgment.
b.) Judgement is a “void judgement” if court has rendered judgement lacked
jurisdiction of the subject matter, or of the parties, or acted in a manner inconsistent
with due process. Klugh v. U.S., D.C.S.C., 610 F. Supp. 892, 901. absolutely correct.
c.) A court lacks jurisdiction anytime it denies a citizen the Bill of Rights
or amendments, particularly Due Process 1308, (C.A. 10 (Colo.). 1994); VC.A. 10 Now we are getting into the area of distinctions. If a judge acts badly, or exceeds his authority an Appellate Court usually reverses the action. Here the action of the judge is subject to reversal and we can consider the judgment rendered voidable. A voidable judgment is fully enforceable until reversed.
(Colo.), 1994). “Spitzberg v Notaro – Judge Gerald Rosenberg void – There is a miscon-
ception by some attorneys and judges that only a judge may declare an order void, but
this is not the law: (1) there is no statute nor case law that supports this position, and
(2) should there be any case law that allegedly supported this argument, it would be
directly contrary to the law established by the U.S. Supreme Court in Vallely v. Northern This is true but, self help is prohibited. Thus if a judge enters an order that it is illegal to wear a red shirt, indeed that order is void. If Law Enforcement desires to enforce the order, it is protected UNTIL the order is ruled by a Court having jurisdiction as void. Ordinary citizens like you and me do not get to determine which orders are void, voidable, valid, or not applicable. This is the function of the judicial system. This is also the reason that CORRUPTION in the Courts is such a devastating crime.
Fire & Marine Ins. Co. 254 U.S. 348, 41 S. Ctr. 116 (1920) as well as other state courts, e.g.
by the Illinois Supreme Court in People v Miller. Supra.
d.) Per Black’s Law Dictionary, Sixth Edition, p. 1574, void
judgement is defined as “one which has no legal effect, invalidity of which may be
asserted by any person whose rights are affected at any time and at any place directly
or collaterally.”
e.) Violation of due process results in “void judgements”: “A court lacks jurisdic-
tion anytime it denies you the Bill of Rights or amendments, particularly Due Process”
1308 (C.A. 10 (Colo.), 1994); V.T.A., Inc. v. Airco, Inc., 597 F. 2d 220, 221 (1979). A judge-
ment reached without due process of the law is without jurisdiction and thus void. See above: I have no quarrel with these definitions – my quarrel is with the ‘lay’ interpretation by some that by their determination that a judgment is void – it is. In fact it is NOT. You may feel that your CONSTITUTIONAL RIGHTS have been violated, but only a Court having jurisdiction to make that determination has the authority to determine that facts.
Bass v. Hoagland, 172 F. 2d 205, 209 (1949). Any motion for relief from a void judgement
is timely reguardless of when it is filed. V.T.A., Inc., supra@ 224 (footnote no. 9). If a
judgement is void, it is a nullity from the outset and any Civ. R60 (B) motion is there-
fore filed within a reasonable time. Omer v. Shala, supra@1308 The Words that you should focus upon MOTION FOR RELIEF. A motion that refers to a voidable judgment has to be brought during term time or the statutory time (2 years) and must meet the criterion of GOOD FAITH and due diligence. This is a very important distinction.
f.) In my cases there was bias against a pro se litigant, which has become an
epidemic in American courts, where lawyers become judges who then protect the
business of lawyers (purportedly illegal in the court system). Justice is not needed to
be purchased according to the law and was written to be”of the people, by the people
and for the people; “we the people”. Yet it has been reported by Dr. Richard Cordero, Esq,
Phd University of Cambridge England, MBA University of Michigan Business School and
D.E.A. La Sorbonne Paris, who has taken up the cause of pro se litigants, through his
investigation that over 97% of pro se litigant cases are being illegally dismissed by courts;
and as such said rulings are “void judgments”. Bias does not create either a void or voidable judgment. Neither does a judgment entered by a judge who has been ‘wired!’ Such is indeed a violation of civil rights, but if you do not speak up and follow the procedure for addressing the problem (or cannot prove the bias) a valid judgment can be rendered against you. You also can waive the bias. (Merely proceeding in the case and allowing the judge to rule on issues can be deemed a waiver.
Ken Ditkowsky
I have yet to decide what actions and against whom I will take in the
debacle of a 76 year old I had been caring for recently. Baltimore City
Social Services case worker Jorge Mitchell forced him into a Manor Care
facility. When I questioned why none of the family or I as his them power
of attorney had been contacted. said case worker stated that the facility
was good and “if you screw this up for me you will never see Alejandro again”.
It was his intent to see the elder apartment lease and be kept at Manor Care.
My wife, two of the elder’s brother and I went to see the situation for
ourselves. We found him not provided a simple tooth brush he had been
requesting. He was having problems swallowing and thus eating, but if he
did not finish his food in the allotted 1/2 hour, it was taken away and nothing else provided until the next meal.
The unit attempted to set up the elder’s girlfriend as power of attorney, but she contacted an attorney, who sent a legal letter stating she would not accept this. Next, I found case workers told the elder if he signed paperwork for them, he would immediately go home. He signed and then got ready to leave. After waiting hours, he was
told he would never go home. I discovered the paperwork to be hospice
care and told all involved it was null and void as the elder never understood
what he was tricked into signing.
up with the district attorney and filed police reports as requested. In the
end the coroner stated ‘no one would bully her into doing an autopsy”.
The corner’s office had the body sent to a funeral home and cremated,
destroying evidence. My question was why the coroner’s office was not
doing random autopsy’s to check on death of elderly in the hospital, let
alone checking on questionable deaths? their response was a ruling
that this elder had died of “complications from hip surgery”, even though
the treating doctor’s constantly stated that his main health issue was
a bad liver – though no liver specialist ever saw, diagnosed, or treated
him. The attitude when you are old, especially if found to have some
chronic or terminal condition, you should just die – does not matter
how much longer you might live if treated properly. But my response
Ken Ditkowsky
The problem that we face is corruption and hypocrisy. The local media here in Chicago must think that we – the great unwashed – are stupid. They accept millions – maybe billions of dollars – from political organizations that are totally irresponsible and promise in election years the world and deliver only corruption and hypocrisy. The news is slanted in most cases to glorify the POLITICAL ELITE and to reward favorites and punish those who are not liked.
We see multiple examples of the bias daily. Today, the Chicago Tribune was lauding one of the candidates for Assessor and crying over the fact that she had been removed from the ballot by the election commission only to be reinstated when the political elite candidate appeared to be having trouble in the primary election. The addition of the previously removed candidate splits the opposition vote and thus almost guarantees that the political elite candidate will be re-slated. This is an old ploy but an effective one. It is also being used in the Attorney General’s race for the nomination. These two offices are essential to maintaining power.
The parallels are numerous. The Human Trafficking (elder cleansing) scandal is an obvious metaphor. The Circuit Court of Cook County, Probate Division can only be described as a cesspool. Unfortunately, the problem is universal. The Elderly, and elderly widows are too lucrative and easy target to be neglected. Five Government Accounting Office reports to Congress have been virtually ignored and government sponsored, and funded organizations have used ever device possible to attempt to silence blogs such as MaryGSykes, Probate Sharks, NASGA, AAAPG, ******. No ‘dirty trick’ is too ethically challenged or despicable not to be used in the quest to ‘cover up’ the criminal activity of the publicly funded organizations.
In particular, here in Illinois the JoAnne Denison disciplinary proceeding stands out for its infamy and its reach for the nadir of ethical conduct. The case started out as part of the cover-up of the Mary Sykes case 09 P 4585. One of the Guardian ad litem who was allegedly preying on the elderly matron/widow felt aggrieved that the blog Probate Sharks published a demand made by yours truly and Ms. Denison for an HONEST INVESTIGATION. The demand for an HONEST INVESTIGATION was prompted by the fact that all the protections of the Act 755 ILCS 5/11a – 3 and 755 ILCS 5/11a – 10 were ignored, including but not limited to service of a proper summons, prior notice to next of kin, the holding a hearing as to the extent and nature of any disability (755 ILCS 5/11a – 3), application of the proper standards etc. Heretofore, a public official – such as a guardian or conservator was considered a fiduciary and owed the ‘ward’ the highest standard of conduct. Heretofore, forfeiture of property and liberty was strictly prohibited by both the Illinois Constitution and the United States Constitution.
The demand for an HONEST INVESTIGATION, even though ignored, was a call to LAW ENFORCEMENT to protect the Constitution of the United States of America, the Illinois Constitution of 1970, and the Rule of Law. As there was three million dollars to be stolen sans Federal and State Tax enforcement, and millions in Federal Health Care money to steal the call for an HONEST INVESTIGATION was totally repugnant to the Establishment. Attorney Denison not only refused to ‘back off’ from her demand for the political organization to comply with the demand that its members respect the rule of law and the Constitution, but, she published in her blog –www.marygSykes.com – instances of criminal corruption by sitting Judges. Many of these Judges were acting in criminal concert promulgating the felonies of ELDER CLEANSING and HUMAN TRAFFICKING. Ms. Denison’s exposure of the continued criminal conduct and ‘OPERATION GREYLORD’ activities was not appreciated and connoted by the Administrator of the Attorney Registration and Disciplinary Commission as being akin to “yelling fire in a crowded theater.”
Mr. Larkin (the administrator) was not content with filing false pleadings under oath. He made certain that he punished Attorney Denison and sullied her reputation and ability to practice law. In so doing he himself violated the Law! He engaged as an example an unlicensed ‘court reporter!’ One of the transcripts of proceedings was indeed interesting. A judge (who presided over the Sykes case) admitted to telling a falsehood under oath during her direct examination according to Court watchers. The official transcript was filed with the admission (elicited under cross examination) deleted. The required standard of proof was modified from ‘clear and convincing’ to Jerome Larkin says it is true – to hell with the truth.
Unfortunately, the Denison perfidy is not an anomaly, but, is common place and as the investigation continues – S.O.P. Rule 8.3 compliance in HUMAN TRAFFICKING by people favored by the political elite is not tolerated and a lawyer who complies with Rule 8.3 is almost guaranteed an interruption of his/her law license. ELDER CLEANSING is a major fund-raising strategy for the POLITICAL ELITE.
We – the great unwashed – will have no Democracy, no Republic, and no Freedom UNLESS we react and rebel. The strategy of splitting our vote so that the machine candidate can be nominated or elected will be difficult to address – but, we must do so. The outright campaign lies, and demonization of the opposition may be more difficult. For instance, racism has become a catch word. What is racism? It certainly was not racism for Lanre Amu to have his license suspended for practicing law while black! Indeed, Mr. Larkin’s perjury goes unpunished even though we (and Larkin) all know that CRAINS CHICAGO BUSINESS make the very averment against Judge Egan that Amu did. Larkin’s prevarication was rubber-stamped in the face of unequivocal evidence of Egan’s perfidy and ethically challenged behavior on the bench. Hell – Egan did not even deny the misconduct! Today, to obtain the reinstatement of his law license, the Illinois Supreme Court is demanding that Amu admit that he lied – even though everyone knows that he told the truth and Larkin was very frugal with the truth under oath.
Of course, it was not racism in Illinois when Larkin’s legions denied admission to an icon of the Civil Rights movement. This esteemed lady = who marched with DR. KING and who was recognized as one of the planners of the Selma March (Diane Nash) was denied entry to one of the kangaroo hearings in which Attorney Denison was being denied her civil rights. (I personally was at the hearing and there was a vacant seat adjacent to me – I requested an apology for Ms. Nash from Mr. Larkin – no apology was ever given).
It does not guaranty that I can kidnap Mary Sykes, drag her before a corrupt judge lacking jurisdiction and ethics and deprive Mary of her liberty, her property, and the fruits of her American citizenship. (Amazing – but the Courts are protecting my whim (if I have sufficient political and judicial clout) to deprive others of due process, liberty and property)
The government supports health care fraud and its 700% surcharge. Philip Esformes was indicted in the US Court for the Southern District of Florida for stealing a billion dollars in Medicare Money. Seth Gillam was convicted of a serious Medicare Fraud involving Hospice, stealing from trust funds etc. These are not isolated cases – they are the norm and unfortunately both Gillman and Esformes are not the biggest players in this trillion dollar criminal enterprise. Florida elderly are not the only targets. Why then are prosecutions so rare? It is respectfully suggested that the POLITICAL ELITE are so invested in the Elder Cleansing frauds and the money that they can steal from both the government and the victim, that they have created a protected cottage industry.
It does not take a Philadelphia Lawyer to answer the query! Prosecutions are rare because the criminals are heavily tied in with the ESTABLISHMENT. In my Brewer case the canvass of the 50th Ward in Chicago revealed that my extremely qualified client received virtually NO VOTES from any of the nursing homes in the area. It appeared that every resident voted for the incumbent alderman. It appears that this was not an anomaly= it appears representative of nursing home voting. Let’s make this very clear – – a candidate running for public office can obtain enough votes from his/her relationship with the nursing home operator to swing the election either for him or against him. Even lifetime voters for the candidate not favored by the nursing home operator will be seen to have voted for the candidate favored by the operator of the facility. (Indeed – I am suggesting blatant vote fraud!)
ELDER CLEANSING (HUMAN TRAFFICKING) is not a minor event – it is a cancer that could destroy the America they we know. The persons engaged in the criminal conspiracy are well connected public servants. In Germany during the 1930s, and in Soviet Russia during the Gulags human cleansing/trafficking was a NATIONAL POLICY. Today in Southern Florida and in Cook County, Illinois it is so commonplace that it can be deemed public policy. The fact that so many of the practitioners and their political co-conspirators get away with it (and the life savings of the elderly) with such impunity suggests that America is in deep trouble! At the very least – it would be nice if the DEPARTMENT OF THE TREASURY had an agent or two wander into Mr. Jerome Larkin’s office and collect the FEDERAL INCOME TAXES due on the booty that Mr. Larkin protected for his 18 USCA 371 co-conspirators!
Ken Ditkowsky
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Ken Ditkowsky
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From Probate Sharks Blog: Hijacking a Fla. Estate for millions from Chicago
On the pages of the Probate Sharks blog is the following: Irving Faskowitz probate court case. Irving’s 2 million dollar estate was high jacked by Chicago and New York non-relatives who were also named Faskowitz. The real Faskowitz heirs never were informed of Irving’s death and never saw a penny.
The health care fraud surcharge of 700% is alive and well. Corruption is alive and well in Illinois, Florida, *******. It would effect you personally unless you do something to address it effectively. In the F Estate even though the AG smelled a rat and tried to thwart the Fraud, the AG compromised the case and the miscreant lawyer escaped with a large sum of money totally free to taxes! Of course the IDR ignored the Illinois taxes – the lawyer engaged in this criminal enterprise was a member of the POLITICAL ELITE and therefore was entitled to a ‘blind eye’ enforcement procedure. Ditto for the UNITED STATES DEPARTMENT OF THE TREASURY!
Ken Ditkowsky
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Ken Ditkowsky
MaryGSykes.com 
Reblogged this on Justice for Everyone Blog.