State of Michigan ( PLEASE READ AFTER THE FOLLOWING DEFINATIONS )
Please review Emergency Disqualification of Judge's in this blog (Article THREE).
This motion is similar to all the Motions that was presented to all these judge's.
State of Michigan In the Livingston County Circuit Court
204 S. Highlander Way, Howell, Michigan 48843
517-546-9816
204 S. Highlander Way, Howell, Michigan 48843
517-546-9816
George Edward Lyons,
11994 Weiman
Pinckney, Michigan 48169
734-954-4040
Plaintiff,
vs.
James Brady and wife,
1194 Camelot,
Pinckney, Mi.48169
Phone unavailable
Defendants,
DEFENDANT’S ATTORNEY
Attorney for Defendant
Douglas J. Cameron
McCririe & Cameron Attorneys and Counselors
317 W. Main St.Brighton, MI 48116810-229-6167
POSSIBLE OTHER DEFENDANTS
Karl and Marian Kopp H/W
Case no. 04-020652-CF-B LYONS V. KOPP
Case No.: 07-23338-CH
Hon. Judge Latreille
Judge’s who refused to disqualify themselves/
Plaintiff disqualify the enclosed Judges.
Motions for Disqualification of Judge Stanley Laterille or be charge for possible treason
"Fraud on The Court By An Officer Of The Court"And "Disqualification Of Judges, State and Federal"
To review one of George Lyons Emergency Motions for Disqualification’s of these Judge’s please go to http://findingjusticeforpeople.blogspot.com
(Article Three that was drafted by George Edward Lyons)
Definitions: These definitions are to help the reader to have a better outlook in the illegal actions that was preformed against George Edward Lyons in the Livingston County courts systems.
A judge is an officer of the court, as well as are all attorneys. A state judge is a state judicial officer, paid by the State to act impartially and lawfully. A federal judge is a federal judicial officer, paid by the federal government to act impartially and lawfully.
State and federal attorneys fall into the same general category and must meet the same requirements. A judge is not the court. People v. Zajic, 88 Ill.App.3d 477, 410 N.E.2d 626 (1980).
Whenever any officer of the court commits fraud during a proceeding in the court, he/she is engaged in "fraud upon the court". In Bulloch v. United States, 763 F.2d 1115, 1121 (10th Cir. 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. ... 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."
"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 cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication." Kenner v. C.I.R., 387 F.3d 689 (1968); 7 Moore's Federal Practice, 2d ed., p. 512, ¶ 60.23. 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. What effect does an act of "fraud upon the court" have upon the court proceeding?
"Fraud upon the court" makes void the orders and judgments of that court. It is also clear and well-settled Michigan law that any attempt to commit "fraud upon the court" vitiates the entire proceeding. The People of the State of Illinois v. Fred E. Sterling, 357 Ill. 354; 192 N.E. 229 (1934)
("The maxim that fraud vitiates every transaction into which it enters applies to judgments as well as to contracts and other transactions."); Allen F. Moore v. Stanley F. Sievers, 336 Ill. 316; 168 N.E. 259 (1929) ("The maxim that fraud vitiates every transaction into which it enters ..."); In re Village of Willowbrook, 37 Ill.App.2d 393 (1962) ("It is axiomatic that fraud vitiates everything."); Dunham v. Dunham, 57 Ill.App. 475 (1894), affirmed 162 Ill. 589 (1896); Skelly Oil Co. v. Universal Oil Products Co., 338 Ill.App. 79, 86 N.E.2d 875, 883-4 (1949); Thomas Stasel v. The American Home Security Corporation, 362 Ill. 350; 199 N.E. 798 (1935).
Under Michigan and Federal law, when any officer of the court has committed "fraud upon the court", the orders and judgment of that court are void, of no legal force or effect.
Federal law requires the automatic disqualification of a Federal judge under certain circumstances.
In 1994, the U.S. Supreme Court held that "Disqualification is required if an objective observer would entertain reasonable questions about the judge's impartiality. If a judge's attitude or state of mind leads a detached observer to conclude that a fair and impartial hearing is unlikely, the judge must be disqualified." [Emphasis added]. Liteky v. U.S., 114 S.Ct. 1147, 1162 (1994).
Courts have repeatedly held that positive proof of the partiality of a judge is not a requirement, only the appearance of partiality. Liljeberg v. Health Services Acquisition Corp., 486 U.S. 847, 108 S.Ct. 2194 (1988) (what matters is not the reality of bias or prejudice but its appearance); United States v. Balistrieri, 779 F.2d 1191 (7th Cir. 1985) (Section 455(a) "is directed against the appearance of partiality, whether or not the judge is actually biased.") ("Section 455(a) of the Judicial Code, 28 U.S.C. §455(a), is not intended to protect litigants from actual bias in their judge but rather to promote public confidence in the impartiality of the judicial process.").
That Court also stated that Section 455(a) "requires a judge to recuse himself in any proceeding in which her impartiality might reasonably be questioned." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989). In Pfizer Inc. v. Lord, 456 F.2d 532 (8th Cir. 1972), the Court stated that "It is important that the litigant not only actually receive justice, but that he believes that he has received justice."
The Supreme Court has ruled and has reaffirmed the principle that "justice must satisfy the appearance of justice", Levine v. United States, 362 U.S. 610, 80 S.Ct. 1038 (1960), citing Offutt v. United States, 348 U.S. 11, 14, 75 S.Ct. 11, 13 (1954). A judge receiving a bribe from an interested party over which he is presiding, does not give the appearance of justice.
"Recusal under Section 455 is self-executing; a party need not file affidavits in support of recusal and the judge is obligated to recuse herself sua sponte under the stated circumstances." Taylor v. O'Grady, 888 F.2d 1189 (7th Cir. 1989).
Further, the judge has a legal duty to disqualify himself even if there is no motion asking for his disqualification. The Seventh Circuit Court of Appeals further stated that "We think that this language [455(a)] imposes a duty on the judge to act sua sponte, even if no motion or affidavit is filed." Balistrieri, at 1202.
Judges do not have discretion not to disqualify themselves. By law, they are bound to follow the law. Should a judge not disqualify himself as required by law, then the judge has given another example of his "appearance of partiality" which, possibly, further disqualifies the judge.
Should another judge not accept the disqualification of the judge, then the second judge has evidenced an "appearance of partiality" and has possibly disqualified himself/herself. None of the orders issued by any judge who has been disqualified by law would appear to be valid.
It would appear that they are void as a matter of law, and are of no legal force or effect.
Should a judge not disqualify himself, then the judge is violation of the Due Process Clause of the U.S. Constitution. United States v. Sciuto, 521 F.2d 842, 845 (7th Cir. 1996)
("The right to a tribunal free from bias or prejudice is based, not on section 144, but on the Due Process Clause.").
The Fifth Amendment to the United States Constitution reads:
“
No person shall be ... deprived of life, liberty, or property, without due process of law ....
”
The Fourteenth Amendment to the United States Constitution reads:
“
No State shall deprive any person of life, liberty, or property, without due process of law ...”
Should a judge issue any order after he has been disqualified by law, and if the party has been denied of any of his / her property, then the judge may have been engaged in the Federal Crime of "interference with interstate commerce".
The judge has acted in the judge's personal capacity and not in the judge's judicial capacity. It has been said that this judge, acting in this manner, has no more lawful authority than someone's next-door neighbor (provided that he is not a judge).
However some judges may not follow the law.
The Livingston county judge’s did issue orders after he has been disqualified by law, and if the George Lyons has been denied of any of his / her property, the Livingston County judge’s have been engaged in the Federal Crime of "interference with interstate commerce".
The Livingston county judge’s has acted in the judge's personal capacity and not in the judge's judicial capacity.
These Livingston county judge’s, are acting in this manner, and had no more lawful authority than someone's next-door neighbor (provided that he is not a judge). However these Livingston county judges did not follow the law.
George Edward Lyons as a non-represented litigant, and the Livingston county courts did not follow the law as to non-represented litigants, then the judge has expressed an "appearance of partiality" and, under the law, it would seem that he/she has not disqualified him/herself.
However, since not all judges keep up to date in the law, and since not all judges follow the law, it is possible that a judge may not know the ruling of the U.S. Supreme Court and the other courts on this subject. Notice that it states "disqualification is required" and that a judge "must be disqualified" under certain circumstances.
IMPORTANT:
The Supreme Court has also held that if a judge wars against the Constitution, or if he acts without jurisdiction, he has engaged in treason to the Constitution.
If a judge acts after he or she has been automatically disqualified by law, then he is acting without jurisdiction, and that suggest that he is then engaging in criminal acts of treason, and may be engaged in extortion and the interference with interstate commerce.
In the judge’s acting without jurisdiction. All of the building contracts of George Edward Lyons building company carried the American Federal arbitraction clause, All case were governed by this arbitration clause:
All Judge’s in Livingston’s county had no jurisdiction to make any rulings against George Edward Lyons. George Lyons made outrageous amount of Motion’s that were made in all cases by George Edward Lyons that the Livingston County Courts had no jurisdiction. All of the Livingston County Courts Judge’s rulings of George Lyons Motions were denied.
Courts have repeatedly ruled that judges have no immunity for their criminal acts. Since both treason and the interference with interstate commerce are criminal acts, no judge has immunity to engage in such acts.
THE FOLLOWING JUDGE’S WERE DISQUALIFIED FOR BIASNESS BY PLAINTIFF GEORGE LYONS FOR THE JUDGE’S IN THE LIVINGSTON COUNTY JUDGE’S over 34 motions for disqualification on the below judge’s.
That these judge’s denied Plaintiff George Edward Lyons from his Constitutional rights.
These Judge’s did not have jurisdiction in to making any rulings against George Lyons in any of the cases that were filed in Livingston County Court system.
44th Circuit Court Judge David Reader and Daniel Burress Judicial Center Building - 204 S. Highlander Way, Suite 5, Howell, MI 48843
Phone 517.548.1120Fax 517.545.9688
44th Circuit Court Judge Stanley Latreille and Judge Susan Reck Judicial Center Building - 204 S. Highlander Way, Suite 5, Howell, MI 48843
Phone 517.546.3060Fax 517.552.2512
53rd District Court Chief Judge Michael Hegarty Died also Judge Hegarty law partners with Attorney Brian Lavan.Brighton District Court - 224 N. First St., Brighton, MI 48116.
Judge Michael Hegarty was Law partners with Attorney Brian Lavan, who was once George Lyons attorney. George Lyons was also purchasing a commercial property from Attorney Brian Lavan, and Brian Lavan also represented George Lyons and his company against James and Betty Steeber.
Attorney Brian Lavan illegally represented George Lyons ex-wife Patricia Ann Lyons in a divorce. In representing Patricia Ann Lyons. Attorney Brian Lavan then filed suit against George Lyons and James and Betty Steeber.
Attorney Brian Lavan illegally represented George Lyons ex-wife Patricia Ann Lyons in a divorce. In representing Patricia Ann Lyons. Attorney Brian Lavan then filed suit against George Lyons and James and Betty Steeber.
There is more on Attorney Lavan on tape recorded by George Lyons in Mr. Lavan requesting George Lyons to file a fraudulent complaint with the State of Michigan Consumer & Industry services against a Realtor in the effort in not paying said Realtor a commission Named Richard Baker of the Baker Team.
IMPORTANT:
George Lyons made many motion’s to remove Attorney Brian Lavan for CONFLICT OF INTEREST from his ex-wife lawsuit against George Lyons with Judge Daniel Burress and Judge Stanley Laterille.
BOTH JUDGES DENIED GEORGE LYONS MOTION to removal of Attorney Brian Lavan for Conflict of Interest. And committing fraud upon the Livingston county court.
53rd District Court Judge Delvero Judicial Center Building - 204 S. Highlander Way, Howell, MI 48843
George Lyons had a home at 1194 Camelot, Pinckney, Mi. George Lyons borrowed $90,000.00 from a friends Karl and Marian Kopp to finish a building project at 5640 Shoshoni Pass, Pinckney, Mi.
The Friends Karl and Marian Kopp filed a fraudulent forfeiture against George Lyons and his wife at that time 1194 Camelot, Pinckney, Michigan appraised for $800,000.00. and Lyons only owed the $65,000.00 To the Kopp’s, in the Kopp’s false forfeiture the Kopp’s stated that they never received any money for the monthly payments from the Lyons’s
This Fraudulent forfeiture was false and misleading by the Kopp’s. Against George Lyons who had no evidence to deny this false allegation of the Kopp’s.
Until 2007 the Kopp’s were removing evidence from 1194 Camelot, Pinckney, Michigan. George Lyons recovered a $24,000.00 check which made to the Kopp’s for payment on Camelot. This $24,000.00 check was cash and approved by the Kopp’s in a there signature on the back of the check.
THIS CHECK WAS A CONTRACT BETWEEN THE KOPP’S AND LYONS. WHERE THEY ACCEPTED PAYMENT ON 1194 CAMELOT, PINCKNEY, MI. THE STATEMENT ON THE CHECK STATED FOR PAYMENT ON CAMELOT-MEANS THE KOPP’S DID IN FACT ACCEPTED PAYMENTS ON 1194 CAMELOT, PINCKNEY, MI.
53rd District Court Judge Delvero Judicial Center Building - 204 S. Highlander Way, Howell, MI 48843
George Lyons had a home at 1194 Camelot, Pinckney, Mi. George Lyons borrowed $90,000.00 from a friends Karl and Marian Kopp to finish a building project at 5640 Shoshoni Pass, Pinckney, Mi.
The Friends Karl and Marian Kopp filed a fraudulent forfeiture against George Lyons and his wife at that time 1194 Camelot, Pinckney, Michigan appraised for $800,000.00. and Lyons only owed the $65,000.00 To the Kopp’s, in the Kopp’s false forfeiture the Kopp’s stated that they never received any money for the monthly payments from the Lyons’s
This Fraudulent forfeiture was false and misleading by the Kopp’s. Against George Lyons who had no evidence to deny this false allegation of the Kopp’s.
Until 2007 the Kopp’s were removing evidence from 1194 Camelot, Pinckney, Michigan. George Lyons recovered a $24,000.00 check which made to the Kopp’s for payment on Camelot. This $24,000.00 check was cash and approved by the Kopp’s in a there signature on the back of the check.
THIS CHECK WAS A CONTRACT BETWEEN THE KOPP’S AND LYONS. WHERE THEY ACCEPTED PAYMENT ON 1194 CAMELOT, PINCKNEY, MI. THE STATEMENT ON THE CHECK STATED FOR PAYMENT ON CAMELOT-MEANS THE KOPP’S DID IN FACT ACCEPTED PAYMENTS ON 1194 CAMELOT, PINCKNEY, MI.
In the Kopp’s filing a fraudulent forfeiture against the Lyons the Kopp’s stated they never received any payments on the contract between George and Patricia Lyons and Karl and Marian Kopp.
These illegal action of the Kopp’s proves the Kopp’s did committ against George Lyons extortion and embezzlement upon the Lyons. The Kopp’s also committed fraud upon the Livingston county courts to illegally acquire 1194 Camelot, Pinckney, Michigan.
This check from George Lyons of $24,000.00 to the Kopp’s cover any all past payments and future payments for 1194 Camelot, Pinckney, Michigan. This check stated on the back for payment for Camelot.
The Kopp’s falsely stated in there false forfeiture “The Lyons made no payments on 1194 Camelot, Pinckney, Michigan. This statement was false and criminal act committed by the Kopp’s against the Lyons.
In the Kopp’s trying to Stop George Lyons in his lawsuit again the Kopp’s requested George Lyons to re-enter 1194 Camelot, Pinckney, Michigan.
In the Kopp’s trying to Stop George Lyons in his lawsuit again the Kopp’s requested George Lyons to re-enter 1194 Camelot, Pinckney, Michigan.
The Kopp’s then Framed George Lyons for entering without permission. In filing a false police report, where George Lyons was wrongfully arrested, and taken to the Livingston County Jail, and prosecuted by the Livingston County Prosecutor's then this story really starts.
Prior to this Marian Kopp gave George Lyons permission to enter into 1194 Camelot, Pinckney, Mi. and start payments to the Kopp’s on the original land contract this conversation was taped recorded by George Lyons.
After two weeks living in 1194 Camelot, Pinckney, Mi. Karl Kopp made a fraudulent Police report to Pinckney Police, that George Lyons enters 1194 Camelot, Pinckney, Mi. George Lyons was wrongfully arrested and went before Judge Delvero.
Having no money, because of the extortion of the Kopp’s and other’s. George Lyons was given a Court appointed attorney Mack Spickard of Howell, Mi.
George Lyons played the audio tape giving George Lyons permission to move back into 1194 Camelot, Pinckney, Mi. George Lyons taped recorded court appointed attorney listening to Marian Kopp’s approval to enter into 1194 Camelot, Pinckney, Mi and start making payments.
Now all the court appointed Attorney Mack Spickard of George Lyons had to do was take the audio tape into court and state to Judge Delvero Mr. Lyons was given permission to enter 1194 Camelot, Pinckney, Mi. Attorney Spickard DID NOT DO THIS.
Prosecutors of Livingston County made a motion that George Lyons is examine by the Ypsilanti Forensic center for Competence to stand trial. George Lyons was exam by Dr. Judith Thompson of the Forensic center.
George Lyons played the same audio tape of Marian Kopp giving George Lyons permission to enter into 1194 Camelot, Pinckney, Mi. to Dr. Judith Thompson of the Forensic center and recorded her commitments on the tape. Mrs Thompson stated the Kopp’s did give permission to enter into 1194 Camelot, Pinckney, Michigan George Lyons marital property.
Again George Lyons recorded the Conversation with Dr. Judith Thompson listening to Marian Kopp tape recording giving George Lyons permission to enter into 1194 Camelot, Pinckney, Michigan. Dr. Thompson did agree that George Lyons was given permission to enter into 1194 Camelot, Pinckney, Mi. By Marian Kopp.
And again all Dr. Thompson had to do was tell Judge Delvero Mr. Lyons had permission to enter 1194 Camelot, Pinckney, Mi. DR. THOMPSON DID NOT DO THIS.
Wrongfully Dr. Thompson filed a letter to Judge Delvero that George Lyons was not compendent to stand trial. This was a lie on Dr. Thompson part. Both actions of Court appointed attorney Mack Spickard and Dr. Judith Thompson should be charged with committing Fraud upon the court of Judge Delvero.
This illegal action of these two is a common illegal act performed by attorneys in Livingston County Court system.
Now all the court appointed Attorney Mack Spickard of George Lyons had to do was take the audio tape into court and state to Judge Delvero Mr. Lyons was given permission to enter 1194 Camelot, Pinckney, Mi. Attorney Spickard DID NOT DO THIS.
Prosecutors of Livingston County made a motion that George Lyons is examine by the Ypsilanti Forensic center for Competence to stand trial. George Lyons was exam by Dr. Judith Thompson of the Forensic center.
George Lyons played the same audio tape of Marian Kopp giving George Lyons permission to enter into 1194 Camelot, Pinckney, Mi. to Dr. Judith Thompson of the Forensic center and recorded her commitments on the tape. Mrs Thompson stated the Kopp’s did give permission to enter into 1194 Camelot, Pinckney, Michigan George Lyons marital property.
Again George Lyons recorded the Conversation with Dr. Judith Thompson listening to Marian Kopp tape recording giving George Lyons permission to enter into 1194 Camelot, Pinckney, Michigan. Dr. Thompson did agree that George Lyons was given permission to enter into 1194 Camelot, Pinckney, Mi. By Marian Kopp.
And again all Dr. Thompson had to do was tell Judge Delvero Mr. Lyons had permission to enter 1194 Camelot, Pinckney, Mi. DR. THOMPSON DID NOT DO THIS.
Wrongfully Dr. Thompson filed a letter to Judge Delvero that George Lyons was not compendent to stand trial. This was a lie on Dr. Thompson part. Both actions of Court appointed attorney Mack Spickard and Dr. Judith Thompson should be charged with committing Fraud upon the court of Judge Delvero.
This illegal action of these two is a common illegal act performed by attorneys in Livingston County Court system.
This Stopped George Lyons and his ex-wife from acquiring back his marital property 1194 Camelot, Pinckney, Mi. Furthermore the Livingston County Prosecutor’s office did have both a copy of the $24,000.00 check that was given to the Kopp’s for payment on 1194 Camelot, Pinckney, Michigan
Proving that the Kopp’s made a fraudulent forfeiture against George Lyons and his ex-wife Patricia Lyons and also there office also had a copy of the Marian Kopp audio tape approval of George Lyons to enter into 1194 Camelot, Pinckney, Mi.
Footnote: Both Karl Kopp and Marian Kopp both were on the Land Contract on proving that Marian Kopp had full permission and rights to give George Lyons permission to enter into 1194 Camelot, Pinckney, Mi. with or without permission of Karl Kopp, and Karl Kopp had full Knowledge prior to filing his false police report to Pinckney, Mi. that Marian Kopp gave George Lyons permission to enter into 1194 Camelot, Pinckney, Mi.
There was no rescinding by Marian Kopp in giving George Lyons her permission to enter 1194 Camelot, Pinckney, Mi. This is proven through audio tapes of the Kopp’s.
The following people and Governmental department should be charged with committing fraud upon the court. Livingston County Prosecutor’s office, Court appointed attorney Mack Spickard and Ypsilanti Forensic center Dr. Judith Thompson, and Karl and Marian Kopp.
Judge Delvero was removed from his seat on the Livingston County Courts for sexual harassment.
Dated this September 18, 2008
Proving that the Kopp’s made a fraudulent forfeiture against George Lyons and his ex-wife Patricia Lyons and also there office also had a copy of the Marian Kopp audio tape approval of George Lyons to enter into 1194 Camelot, Pinckney, Mi.
Footnote: Both Karl Kopp and Marian Kopp both were on the Land Contract on proving that Marian Kopp had full permission and rights to give George Lyons permission to enter into 1194 Camelot, Pinckney, Mi. with or without permission of Karl Kopp, and Karl Kopp had full Knowledge prior to filing his false police report to Pinckney, Mi. that Marian Kopp gave George Lyons permission to enter into 1194 Camelot, Pinckney, Mi.
There was no rescinding by Marian Kopp in giving George Lyons her permission to enter 1194 Camelot, Pinckney, Mi. This is proven through audio tapes of the Kopp’s.
The following people and Governmental department should be charged with committing fraud upon the court. Livingston County Prosecutor’s office, Court appointed attorney Mack Spickard and Ypsilanti Forensic center Dr. Judith Thompson, and Karl and Marian Kopp.
Judge Delvero was removed from his seat on the Livingston County Courts for sexual harassment.
Dated this September 18, 2008
______________________________
George Edward Lyons / Plaintiff
11994 Weiman
Pinckney, Michigan 48169
734-954-4040
