In the United States District Court for

For the Western District of Missouri

Southern Division

Marc Perkel,

Plaintiff,

Vs

James R. Sharp et al.,

Defendants,

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Case: 99-3144-CV-S-RGC

 

Title 28 Section 372 Complaint for Judicial Discipline

COMES NOW, Marc Perkel in reference to the above styled case pursuant to Title 28 Section 372(c) to file an ethics complaint for judicial discipline against Judge Russell G. Clark for dismissing a complaint for which he was named as an immune conspirator and had a personal interest in the outcome of the case. In support thereof, Marc Perkel states:

  1. On Thursday, April 22nd 1999 I filed a lawsuit against the defendants listed in the above styled lawsuit. The lawsuit (Attached) is a Title 42 Section 1983 and 1985(2) civil rights case and alleges that these defendants conspired with a number of state actors to deprive me of my civil rights. Included in the list of conspirators was Judge Clark. The acts of Judge Clark are outlined in paragraphs 61-65.
  2. The only reason that Judge Clark was not named as a defendant in this lawsuit is because of his judicial immunity. He is, however, named as an immune conspirator accused of concealing criminal conduct on the part of the listed defendants. The criminal conduct of the defendants included Perjury, Fraud, Filing a False Affidavit, Tampering with Physical Evidence, Obstruction of Justice, Tampering with a Judicial Process, and Concealing Criminal Conduct.
  3. On the following Monday, April 26th 1999, only four days after the suit was filed, Judge Clark dismissed the lawsuit. Judge Clark has a strong personal interest in the outcome of this case.
  4. Because Judge Clark was named specifically as a conspirator, he had no business hearing this case and should have recused himself. His conduct is prejudicial to the effective and expeditious administration of the business of the courts in that it denies my 14th amendment right under the Constitution to due process of law.
  5. When a judge who is accused of conspiring to conceal criminal conduct, who would otherwise be a defendant in an action if not for judicial immunity, misuses his power and immunity as judge to dismiss a case so as to conceal his misconduct, it rises to the level of Treason to the Constitution and that judge should be removed from the bench.
  6. If for some reason this case should have legitimately been dismissed, that dismissal could have been properly handled by another judge who wasn't named in the lawsuit. I am not here to argue the merits of the decision, but that for a judge to dismiss a lawsuit himself for which he is a named criminal conspirator shocks the conscience and undermines public confidence in the judiciary.
  7. Judge Clark has usurped the powers of the Governor of Missouri and the President of the United States, in violation of the separation of powers principle, by using his judicial authority to effectively grant a pardon to himself and his conspirators.
  8. This court should refer the issues raised in the underlying pleading to the justice department for criminal investigation of the attorneys involved in their very effective scheme to corrupt vulnerable judges. These lawyers have developed a method to blackmail judges ("in for a penny, in for a pound") and cause them to conceal the attorney's criminal behavior. I believe the practice is widespread and threatens the integrity of the judiciary. It would be appropriate for this committee to investigate and understand the methods these lawyers use to seduce vulnerable judges so as to prevent these lawyers and other lawyers from doing the same thing to future judges.
  9. Alternatively, due to his advanced age and possible disability, Judge Clark may be unable to discharge efficiently all the duties of his office and should retire.
  10. The federal judiciary has a solemn duty to the Constitution and to the people of the United States to take all necessary steps to ensure the integrity of the federal judicial system.
  11. Attachments:

  12. Pleading
  13. Order of Dismissal
  14. Motion to Reconsider

________________________________

Marc Perkel - Plaintiff - 05-04-99

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