Judge Francis A. Gembala
Cook County, Illinois
Every judge or government attorney takes an oath to support the U.S. Constitution. Whenever any judge or government attorney violates the Constitution in the course of performing his/her duties, then that judge or government attorney has defrauded not only the Defendant or the Plaintiff involved, but has also defrauded the government. The judge or the government attorney is paid to support the U.S. Constitution. By not supporting the Constitution, the judge or the government attorney is collecting monies for work not performed.

Illinois law holds that "While no member of the judiciary enjoys hearing the kind of epitaph used here, in a free society public officials learn to accept such criticism in the same manner as they enjoy the occasional praise of their official actions --- it just goes with the territory.".  Every person has a legal right to make any comment about a judge's conduct in his judiciary capacity. Whenever a judge acts against a litigant for voicing his opinion of the judge, and the judge reacts unfavorably towards the litigant, that judge has acted in violation of Illinois law, and has deprived the litigant of his legal rights. Since under the law, a judge may not do so, the judge is acting in his personal capacity, and not in his judicial capacity. The judge has violated the litigant's First Amendment Right to an impartial judge; the judge has lost jurisdiction.

CLR suggests, that whenever the judge or the government attorney has violated his/her oath to support the Constitution, all benefits received by the judge or the government attorney are based on fraud, and that all such benefits are "ill-gotten" gains. Also, all actions taken to benefit any party by the judge or the government attorney with these "ill-gotten" gains are also fraud upon the Defendant or the Plaintiff involved and/or the government. Those who may benefit from these "ill-gotten" gains, either directly or indirectly, may include the judge's and the government attorney's spouse, children, parents, in-laws, siblings, other relatives, friends, and associates.

Just as a person who is in possession of property which has been stolen is not the legal owner of the property, a person who is in possession of "ill-gotten" gains is not the legal owner of those "ill-gotten" gains. The stolen property must be returned to the legal owner; the "ill-gotten" gains should be returned to the legal owner.

The title to personal property requires a chain of proof as does the title to real property.

In criminal law the hardest case for a defense attorney is the one he must contend with in a case where his client, the defendant, is accused of being "in possession of stolen property". In such a case the only valid defense is proof of ownership of the goods in question.

The following is a list of some of the persons who may have received some of the "ill-gotten" gains obtained from defrauding the government by Judge Francis A. Gembala:

Bettina R. Gembala
Bettina Gembala ran for election as a judge in the 1996 Cook County judicial election. The Chicago Bar Association, the Chicago Council of Lawyers, the Cook County Bar Association, and the Illinois State Bar Association rated her as not recommended.

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Created October 20, 2000

Last updated April 30, 2002