I would like to
explain that James was Arrested: Special
Judge Cantrell is NOT an elected JUDGE!
Sen. James Williamson (Bar #9698).
is in fact, the County of Tulsa
Attorney and a Senator a conflict
of Emolument, and wholly unconstitutional.
Guardian Ad Litem Rick Clarke is
trumping up evaluations to delay decisions.
It is a fact that James is Sui Juris
not Pro Se
It is also a fact that Ex-parte (one-sided)
communication with one or some, but
not all parties or attorneys.
Including refusing to listen to a
Sui Juris, Pro Se or Pro Per party.
It is a fact that the PLAINTIFF/PETITIONER
was NOT present!
Contempt of court the offense of being
disobedient to or disrespectful of
a court of law. Which in fact James
did as he was told. Which was
a direct violation of Constitutional
rights.
Due Process is a requirement of the
U.S. Constitution. Violation of the
United States Constitution by a judge
deprives that person from acting as
a judge under the law. He/She is acting
as a private
person, and not in the capacity of
being a judge (and, therefore, has
no jurisdiction).
The state Supreme Courts have held
that those who aid, abet, advise,
act upon and execute the order of
a judge who acts without jurisdiction
are equally guilty. They are equally
guilty of a crime against the U.S.
Government.
A voidable order is an order that
must be declared void by a judge to
be void; a void order is an order
issued without jurisdiction by a judge
and is void ab initio and does not
have to be declared void by a judge
to be void. Only an inspection of
the record of the case showing that
the judge was without jurisdiction
or violated a
person's due process rights, or where
fraud was involved in the attempted
procurement of jurisdiction, is sufficient
for an order to be void. Potenz Corp.
v. Petrozzini, 170 Ill. App. 3d 617,
525 N.E.
2d 173, 175 (1988). In instances herein,
the law has stated that the
orders are void ab initio and not
voidable because they are already
void.
Authorities on
Void
Judgments
Black's Law Dictionary,
Sixth Edition, page 1574
Void
judgment.
One which has has no legal force
or effect, invalidity of which may
be asserted by any person whose
rights are affected at any time
and at any place directly or collaterally.
Reynolds v. Volunteer State Life
Ins. Co., Tex.Civ.App., 80 S.W.2d
1087, 1092. One which from its inception
is and forever continues to be absolutely
null,
without legal efficacy, ineffectual
to bind parties or support a right,
of no legal force and effect whatever,
and incapable of confirmation, ratification,
or enforcement in any manner or
to any degree. Judgment
is a "void
judgment"
if court that rendered judgment
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. See also Voidable
judgment.
Other Authorities
on Void
Judgments:
Void
judgments
are those rendered by a court which
lacked jurisdiction, either of the
subject matter or the parties. See:
Wahl v. Round Valley
Bank, 38 Ariz. 411, 300 P.955 (1931)
Tube City Mining & Milling Co.
v. Otterson, 16 Ariz. 305, 146 P.
203 (1914) Milliken v. Meyer, 311
U.S. 457, 61 S.Ct. 339, 85 L.Ed.
2d 278 (1940)
A void
judgment
which includes judgment
entered by a court which lacks jurisdiction
over the parties or the subject
matter, or lacks inherent power
to enter the particular judgment,
or an order procured by fraud, can
be attacked at any time, in any
court, either directly or collaterally,
provided that the party is properly
before the court. See Long v. Shorebank
Development Corp., 182 F.3d 548
(C.A. 7 Ill. 1999)
A void
judgment
is one which, from its inception,
was a complete nullity
and without legal effect. See Lubben
v. Selective Service System Local
Bd. No. 27, 453 F.2d 645, 14 A.L.R.
Fed. 298 (C.A. 1 Mass. 1972)
A void
judgment
is one which from the beginning
was complete nullity
and without any legal effect. See
Hobbs v. U.S. Office of Personnel
Management, 485 F.Supp. 456 (M.D.
Fla. 1980).
Void
judgment
is one that, from its inception,
is complete nullity
and without legal effect. Holstein
v. City of Chicago, 803 F.Supp.
205, reconsideration denied 149
F.R.D. 147, affirmed 29 F.3d 1145
(N.D. Ill. 1992).
Void
judgment
is one where court lacked personal
or subject matter jurisdiction or
entry of order violated due process,
U.S.C.A. Const. Amend. 5-Triad Energy
Corp. v. McNell, 110 F.R.D. 382
(S.D.N.Y. 1986).
Judgment
is a void
judgment
if court that rendered judgment
lacked jurisdiction of the subject
matter, or of the parties, or acted
in a manner inconsistent with due
process, Fed Rules Civ. Proc., Rule
60(b)(4), 28 U.S.C.A.; U.S.C.A.
Const Amend. 5. Klugh v. U.S., 620
F.Supp. 892 (D.S.C. 1985).
A void
judgment
is one which, from its inception,
was a complete nullity
and without legal effect, Rubin
v. Johns, 109 F.R.D. 174 (D. Virgin
Islands 1985).
A void
judgment
is one which, from its inception,
is and forever continues to be absolutely
null,
without legal efficacy, ineffectual
to bind the parties or to support
a right, of no legal force and effect
whatever, and incapable of enforcement
in any manner or to any degree.
Loyd v. Director, Dept. of Public
Safety, 480 So.2d 577 (Ala.Civ.App.
1985). A
judgment shown by evidence
to be invalid for want of jurisdiction
is a void
judgment
or at all events has all attributes
of a void
judgment,
City of Los Angeles v. Morgan, 234
P.2d 319 (Cal.App. 2 Dist. 1951).
Void
judgment
which is subject to collateral attack,
is simulated judgment
devoid of any potency because of
jurisdictional defects, Ward. v.
Terriere, 386 P.2d 352 (Colo. 1963).
A void
judgment
is a simulated judgment
devoid of any potency because of
jurisdictional defects only, in
the court rendering it and defect
of jurisdiction may relate to a
party or parties, the subject matter,
the cause of action, the question
to be determined, or relief to be
granted, Davidson Chevrolet, Inc.
v. City and County of Denver, 330
P.2d 1116, certiorari denied 79
S.Ct. 609, 359 U.S. 926, 3 L.Ed.
2d 629 (Colo. 1958).
Void
judgment
is one entered by court without
jurisdiction of parties or subject
matter or that lacks inherent power
to make or enter particular order
involved and such a judgment
may be attacked at any time, either
directly or collaterally, People
v. Wade, 506 N.W.2d 954 (Ill. 1987).
Void
judgment
may be defined as one in which rendering
court lacked subject matter jurisdiction,
lacked personal jurisdiction, or
acted in manner inconsistent with
due process of law Eckel v. MacNeal,
628 N.E.2d 741 (Ill. App.Dist. 1993).
Void
judgment
is one entered by court without
jurisdiction of parties or subject
matter or that lacks inherent power
to make or enter particular order
involved; such judgment
may be attacked at any time, either
directly or collaterally People
v. Sales, 551 N.E.2d 1359 (Ill.App.
2 Dist. 1990).
Res judicata consequences
will not be applied to a void
judgment
which is one which, from its inception,
is a complete nullity
and without legal effect, Allcock
v. Allcock, 437 N.E.2d 392 (Ill.App.3
Dist. 1982).
Void
judgment
is one which, from its inception
is complete nullity
and without legal effect In re Marriage
of Parks, 630 N.E.2d 509 (Ill.App.
5 Dist. 1994).
Void
judgment
is one entered by court that lacks
the inherent power to make or enter
the particular order involved, and
it may be attacked at any time,
either directly or collaterally;
such a judgment
would be a nullity.
People v. Rolland, 581 N.E.2d 907
(Ill.APp. 4 Dist. 1991).
Void
judgment
under federal law is one in which
rendering court lacked subject matter
jurisdiction over dispute or jurisdiction
over parties or acted in manner
inconsistent with due process of
law or otherwise acted unconstitutionally
in entering judgment,
U.S.C.A. Const. Amend. 5, Hays v.
Louisiana Dock Co., 452 N.E.2d 1383
(Ill App. 5 Dist. 1983).
A void
judgment
has no effect whatsoever and is
incapable of confirmation or ratification,
Lucas v. Estate of Stavos, 609 N.E.2d
1114, rehearing denied, and transfer
denied (Ind. App. 1 Dist. 1993).
Void
judgment
is one that from its inception is
a complete nullity
and without legal effect Stidham
v. Whelchel, 698 N.E.2d 1152 (Ind.
1998).
Relief from void
judgment
is available when trial court lacked
either personal or subject matter
jurisdiction, Dusenberry v. Dusenberry,
625 N.E.2d 458 (Ind.App. 1 Dist.
1993).
Void
judgment
is one rendered by court which lacked
personal or subject matter jurisdiction
or acted in manner inconsistent
with due process, U.S.C.A. Const.
Amends. 5, 14, Matter of Marriage
of Hampshire, 896 P.2d 58 (Kan.1997)
Judgment
is void
if court that rendered it lacked
personal or subject matter jurisdiction;
void
judgment
is nullity
and may be vacated at any time,
Matter of Marriage of Welliver,
869 P.2d 653 (Kan. 1994).
A void
judgment
is one rendered by a a court which
lacked personal or subject matter
jurisdiction or acted in a manner
inconsistent with due process, In
re. Estate of Wells, 983 P.2d 279,
(Kan.App. 1999).
Void
judgment
is one rendered in absence of jurisdiction
over subject matter or parties,
310 N.W.2d 502, (Minn. 1981).
A void
judgment
is one rendered in absence of jurisdiction
over subject matter or parties,
Lange v. Johnson, 204 N.W.2d 205
(Minn. 1973).
A void
judgment
is one which has merely semblance,
without some essential element,
as when court purporting to render
it has no jurisdiction, Mills v.
Richardson, 81S.E.2d 409 (N.C. 1954).
A void
judgment
is one which has a mere semblance,
but is lacking in some of the essential
elements which would authorize the
court to proceed to judgment,
Henderson v. Henderson, 59 S.E.2d
227, (N.C. 1950).
Void
judgment
is one entered by court without
jurisdiction to enter such judgment,
State v. Blankenship, 675 N.E.2d
1303, (Ohio App. 9 Dist. 1996).
Void
judgment,
such as may be vacated at any time
is one whose invalidity appears
on face of judgment
roll, Graff v. Kelly, 814 P.2d 489
(Okl. 1991).
A void
judgment
is one that is void
on face of judgment
roll, Capital Federal Savings Bank
v. Bewley, 795 P.2d 1051 (Okl. 1990).
Where condition
of bail bond was that defendant
would appear at present term of
court,
judgment forfeiting bond
for defendant's bail to appear at
subsequent term was a void
judgment
within rule that laches does not
run against a void
judgment,
Com. V. Miller, 150 A.2d 585 (Pa.Super.
1959).
A void
judgment
is one in which the judgment
is facially invalid because the
court lacked jurisdiction or authority
to render the judgment,
State v. Richie, 20 S.W.3d 624 (Tenn.
2000).
Void
judgment
is one which shows upon face of
record want of jurisdiction in court
assuming to render judgment,
and want of jurisdiction may be
either of persons, subject matter
generally, particular question to
be decided or relief assumed to
be given, State ex re. Dawson v.
Bomar, 354 S.W.2d 763, certiorari
denied, (Tenn. 1962).
A void
judgment
is one which shows upon face of
record a want of jurisdiction in
court assuming to render judgment,
Underwood v. Brown, 244 S.W.2d 168
(Tenn. 1951).
Void
judgment
is one which has no legal force
or effect whatever, it is an absolute
nullity,
its invalidity may be asserted by
any person whose rights are affected
at any time and at any place and
it need not be attacked directly
but may be attacked collaterally
whenever and wherever it is interposed,
City of Lufkin v. McVicker, 510
S.X.2d 141 (Twx.Civ.App.-Beaumone
1973).
A void
judgment,
insofar as it purports to be pronouncement
of court, is an absolute nullity,
Thompson v. Thompson, 238 S.W.2d
218 (Tex.Civ.App.-Waco 1951).
A void
judgment
is one that has bee procured by
extrinsic or collateral fraud, or
entered by court that did not have
jurisdiction over subject matter
or the parties, Rook v. Rook, 353
S.E. 2d 756 (Va. 1987).
A void
judgment
is a judgment,
decree, or order entered by a court
which lacks jurisdiction of the
parties or of the subject matter,
or which lacks the inherent power
to make or enter the particular
order involved, State ex re. Turner
v. Briggs, 971 P.2d 581 (Wash.App.Div.
1999).
A void
judgment
or order is one that is entered
by a court lacking jurisdiction
over the parties or the subject
matter, or lacking the inherent
power to enter the particular order
or judgment,
or where the order was procured
by fraud, In re Adoption of E.L.,
733 N.E.2d 846, (Ill. APp. 1 Dist.
2000).
Void
judgments
are those rendered by court which
lacked jurisdiction, either of subject
matter or parties, Cockerham. v.
Zikratch, 619 P.2d 739 (Ariz. 1980).
Void
judgments
generally fall into two classifications,
that is, judgments
where there is want of jurisdiction
of person or subject matter, and
judgments
procured through fraud, and such
judgments
may be attacked directly or collaterially,
Irving v. Rodriquez, 169 N.E.2d
145, (Ill. app. 2 Dis. 1960).
Invalidity needs
to appear on face of judgment
alone that judgment
or order may be said to be intrinsically
void
or void
on its face, if lack of jurisdiction
appears from the record, Cockett
Oil Co. v. Effie, 374 S.W.2d 154
(Mo.App. 1964).
Decision is void
on the face of the judgment
roll when form four corners of that
roll, it may be determined that
at least on of three elements of
jurisdiction was absent: (1) jurisdiction
over parties, (2) jurisdiction over
subject matter, or (3) jurisdictional
power to pronounce particular
judgment hat was rendered,
B & C Investments, INc. v. F
& M Nat. Bank & Trust, 903
P.2d 339 (Okla.App.Div 3, 1995).
Void
order may be attacked, either directly
or collaterally, at any time, In
Re Estate of Steinfield, 630 N.E.2d
801, certiorari denied, See also
Steinfeld v. Hoddick, 513 U.S. 809
(Ill. 1994).
Void
order which is one entered by court
which lacks jurisdiction over parties
or subject matter, or lacks inherent
power to enter judgment,
or order procured by fraud, can
be attacked at any time, in any
court, either directly or collaterally,
provided that party is properly
before court, People ex. re. Brzica
v. Village of Lake Barrington, 644
N.E.2d 66 (Ill.App.2 Dist. 1994).
While voidable
orders are readily appealable and
must be attacked directly, void
order may be circumvented by collateral
attack or remedied by mandamus,
Sachez v. Hester, 911 S.W.2d 173,
(Tex.App. -Corpus Christi 1995).
Arizona courts
give great weight to federal courts'
interpretations of Federal Rule
of Civil Procedure governing motion
for releif from judgment
in interpreting identical text of
Arizona Rule of Civil Procedure,
Estate of Page v. Litzenburg, 852
P.2d 128, review denied (Ariz.App.Div.
1, 1998).
When rule providing
for relief from void
judgments
is applicable, relief is not discretionary
matter, but is mandatory, Orner.
V. Shalala, 30 F.3d 1307 (Colo.
1994).
Judgments
entered where court lacked either
subject matter or personal jurisdiction,
or that were otherwise entered in
violation of due process of law,
must be set aside, Jaffe and Asher
v. Van Brunt, S.D.N.Y.1994, 158
F.R.D. 278.
A "void"
judgment,
as we all know, grounds no rights,
forms no defense to actions taken
thereunder, and is vulnerable to
any manner of collateral attack
(thus here, by). No statute of limitations
or repose runs on its holdings,
the matters thought to be settled
thereby are not res judicata, and
years later, when the memories may
have grown dim and rights long been
regarded as vested, any disgruntled
litigant may reopen old wound and
once more probe its depths. And
it is then as though trial and adjudication
had never been. Fritts v. Krugh,
Supreme Court of Michigan, 92 N.W.2d
604, 354 Mich. 97 (10/13/58).
On certiorari this
Court may not review questions of
fact. Brown v. Blanchard, 39 Mich.
790. It is not at liberty to determine
disputed facts (Hyde v. Nelson,
11 Mich 353), nor to review the
weight of the evidence. Linn v.
Roberts, 5 Mich 443; Lunch v. People,
16 Mich 472. Certiorari is an appropriate
remedy to get rid of a void
judgment,
one which there is no evidence to
sustain. Lake Shore & Michigan
Southern Railway Co. v. Hunt, 39
Mich 469.