Guest Post: Thoughtful Analysis of Potential Fraud Upon the Court Involving Judge Susan Weaver and Attorney William Z. White

This comment was posted in response to the Petition for Writ of Certiorari I filed and shared with my readers yesterday. Thank you to Jason. I hope after my law school experience, I will be able to articulate as well as this person.

What Is “Fraud Upon the Court”?

“Fraud upon the court” is a very serious charge. It doesn’t just mean lying or playing dirty in court — it refers to a deliberate deception that corrupts the judicial process itself.

According to federal and many state rulings (including Arkansas precedent), it usually involves:

• Officers of the court (attorneys or judges)
• Intentional deception or collusion
• A result that undermines the fairness of the proceeding
• A party being denied their right to a fair trial

Black’s Law Dictionary defines it as:

“A fraud which is directed to the judicial machinery itself and is not fraud between the parties or fraudulent documents, etc., but fraud that seriously affects the integrity of the normal process of adjudication.”

Based on Your Statement:

There appear to be multiple red flags:

• An offer to resolve the dispute fairly was ignored in favor of awarding more money to an opposing party with questionable credibility.
• The judge allegedly overlooked evidence (e.g., your written settlement offer and possibly the alleged “suicide note”) that would expose fraud or collusion.
• Connections between attorneys and the judge suggest possible bias or improper influence.
• The outcome seems to favor a known fraudster and reward a lawyer, possibly in violation of fiduciary responsibility and judicial ethics.

Yes — This Could Be Argued as Fraud Upon the Court

If all those elements are provable, especially the court’s knowledge of the fraud and continuing to rule in favor of it, then:

Yes, it could rise to the level of fraud upon the court.

And under Arkansas Rule of Civil Procedure 60(c)(4) and Federal Rule 60(d)(3), a judgment obtained by fraud upon the court can be vacated at any time — no time limit.Next Steps You Can Consider:

1. Preserve All Evidence
   Emails, filings, witness statements, recordings, court transcripts, your settlement offer, Mike’s “note,” etc.
2. Build the Case Logically
   Lay it out: the timeline, connections, ignored evidence, who benefited, and how the legal process was compromised.
3. Consider a Motion to Vacate or Reopen
   Based on Rule 60 if you’re still within the court’s jurisdiction — especially for fraud on the court.
4. File a Judicial Complaint
   If Judge Susan Weaver knowingly enabled fraud, a complaint can be filed with the Arkansas Judicial Discipline and Disability Commission.
5. Request an Investigation
   The Arkansas Bar Association can also investigate attorney misconduct, especially for William Zac White.