In the United States District Court for

For the Western District of Missouri

Southern Division

 

Marc Perkel,

Plaintiff,

 

Vs

 

James R. Sharp,

William A. Wear Jr.

The law firm of Wear and Sharp LLC.

Vicki L. Stringfellow,

Donald R. Duncan,

The law firm of Turner, Reid, Duncan, Loomer, and Patton, P.C.,

The Honorable William L. Syler,

The Bar Plan Mutual Insurance Co.,

 

Defendants,

 

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

 

 

Case No: 98-3040-CV-S-3

 

Motion to Disqualify Counsel

of Defendant Syler and to Strike his Motion to Dismiss

COMES NOW Plaintiff Marc Perkel, to ask that this court to disqualify the office of the Attorney General from acting as counsel for the Honorable William L. Syler. In support of disqualification, Plaintiff states as follows:

  1. Plaintiff can find no rules or laws that give the Attorney General the right or duties to defend lawsuits against judges. Without the authority to do so, the Attorney General can not represent employees of the State.
  2. The State of Missouri itself is not now a defendant in this action. If the State were joined in this action as a defendant, the Attorney General would be legally obligated to defend the State, and would have a conflict also representing an individual judge. The Attorney General could in the future be called on to prosecute some of the defendants in this action for criminal violations raising another possible conflict of interest.
  3. The previously when the Plaintiff sued a judge in federal court, the judge was represented by private counsel, Ted Johnson, and not the Attorney General. Thus this representation is inconsistent with the Plaintiff's previous experience.
  4. Plaintiff can not find instances where the Attorney General has traditionally represented judges in this kind of action.
  5. Plaintiff had faxed a letter to Laura M. Vogel, Assistant to the Attorney General, inquiring as to the authority that gives her the right to defend Judge Syler. In response Ms. Vogel cited RSMo. 105.711 and 105.716. Having read these statutes, Plaintiff fails to understands where it gives the Attorney General the right or duty to represent Judge Syler. Plaintiff agrees that these statutes do cover the legal costs of hiring private counsel from a legal defense fund administered by the Attorney General.
  6. If the representation is improper, Judge Syler should be directed to obtain private counsel to represent him and that his motion to dismiss should be stricken for lack of subject matter jurisdiction.
  7. Plaintiff also contends that since Judge Syler is only being sued for declaratory and injunctive relief that he only has standing to defend issues that relate to injunctions and declaratory issues.

 

WHEREFORE, Plaintiff respectfully prays that the court will disqualify the Attorney General from appearing as counsel for Judge Syler and strike his motion to dismiss. Plaintiff hopes for a quick ruling so as not to disrupt the flow of this case.

 

________________________________

Marc Perkel - Plaintiff - 03-10-98

 

Sponsors
Shopping 		email
EMail 		Home
Home

IwantU Select Clubs

Versus Law Legal Library
Case Law $7/Month 50 States + Fed
I use this service.

Copyright Terms

People before Lawyers

A project of the People's legal Front

-----