Void Ab Initio — The Constitutional Consequence of Judicial Disqualification and Structural Defect
REPORT: Void Ab Initio — The Constitutional Consequence of Judicial Disqualification and Structural Defect Prepared by: Babak Taherzadeh *For the record in Cause No. F16-12037 (Dallas County Criminal District Court), and derivative appellate proceedings including 05-25-01165-CR I. Introduction: The Legal Meaning of “Void Ab Initio “Void ab initio” means “void from the beginning.” It is not a poetic phrase; it is a jurisdictional verdict. When a proceeding is void ab initio, it is treated in law as if it never occurred. Every act, order, or judgment that flows from it is legally nonexistent. In the Texas legal system, this concept traces its roots to Article V of the Texas Constitution and the Due Process Clause of the Fourteenth Amendment, both of which require an impartial tribunal as a non-waivable precondition to jurisdiction. The presence of a disqualified judge — such as one who is a party, a victim, or otherwise interested in the outcome — renders the court p...