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Faith and Judges

CCJ Productions. Wendy Alison Nora. 2012

I know how discouraging it can be when we believe that the judges will do their jobs and uphold

the Rule of Law and then they do not. It is best for us to get over such delusions. Judges are

merely human beings, with limited intelligence and are easily deluded into thinking that they arespecial because they are addressed as "Your Honor" and given absolute immunity for even

malicious conduct, if they have jurisdiction. A problem with absolute immunity arises when

judges do not have jurisdiction over the subject matter of foreclosure cases when the cases are

commenced without standing of the foreclosure claimant. If there is no jurisdiction, their orders

and judgments are void, not just voidable, VOID. There is a US Supreme Court extended the

doctrine of absolute immunity to judges presiding over cases for which there could be

jurisdiction. Stump v. Sparkman, 435 U.S. 349 (1978) But see also Pulliam v. Allen, 466 U.S.

522 (1984) in which a judge was held liable for attorneys' fees in a civil rights action for a

declaratory judgment (damages against the judge were not sought or allowed to be sought, but

attorneys' fees were awarded against the judge.)

One of my favorite judges, who I have known for decades, just ducked a forged mortgage note

and a late filed forged mortgage issue on the grounds that my client had not timely answered the

complaint. I had argued that the judgment was void because the pleading of subject matter

jurisdiction was false. The foreclosure claimant pleaded that MERS assigned the note and

mortgage to it, which, as well all know, MERS could not have done. MERS holds and owns no

notes and the servicers assign the mortgages out of MERS (assignee to assignee, which is a legal

impossibility.) The judge was, at first, troubled by the truth, hesitated to allow the confiscation

of the home by confirming the Sheriff's sale and then apparently convinced himself that the case

was "easy" (his own words in the decision) because my client did not file a timely answer (pro

se.) The problem is that there never was a hearing on the confirmation of the Sheriff's sale, which

is a due process violation, and could give rise to a civil rights suit. Now all of you citizens cansee into the heart of a lawyer's conflict: I would have a duty to file a civil rights action against a

good and basically honest judge for violating my client's civil rights to due process, in addition to

filing the direct appeal, if my client chooses to proceed. The consequences for me are dire

because it will make me an enemy of the judges in that county, where I have practiced for

decades. In order to maintain its power, the legal system demands that its judges be protected.

There is an unholy reverence for judges, a false religion in which people have had faith in judges.

Judges have been declared untouchable by a secular system which has to believe in a higher

authority given to humans in place of a divine being. We call those humans our judges or our

kings. Such institutional structures, unchecked, violate natural law, as recognized by the

Declaration of Independence. According to the signers of theDeclaration of Independence, the

institutional structure of government cannot be violate the basic and fundamental rights of the

people. When it does, it leads to either tyranny or revolution. The rejection of the natural law is

biblical in scope because, as the story goes, man and woman first were created to have a direct

relationship with God. When they rejected that relationship, the law was given to Moses, who

was succeeded by Joshua. Then the people in the "Promised Land" created intermediaries for the

law and called them Judges. (Think Genesis, Exodus, Leviticus, Numbers, Deuteronomy, . . .

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Joshua and Judges.) Eventually being disappointed by the Judges, the people asked for Kings

and the rest is history. When the law fails and the judges do not preserve it, the people will seek

dictatorship (kings.) The kings will fail them and the people will cry out for a Savior. Then, the

people seek the judicial/government instrumental murder of the Savior And so it goes. . .

Let us realize that the judges will not save us. They are as frightened of the ravenous beast whichnow plunders this land as any of the rest of us. We must free ourselves from the last vestige of

FAITH in this system and realize that it is OUR RESPONSIBILITY to hold the system

accountable. Faith in human structures is a delusion.