
IN THE CIRCUIT COURT GREENE COUNTY MISSOURI
Marc Perkel - pro se )
plaintiff, )
)
vs. ) No. 197CC0170
)
William A. Wear Jr. )
James R. Sharp )
The Law Firm of Wear and Sharp )
Vicki Stringfellow )
Donald A. Duncan - pro se )
The Law Firm of Turner, Reid, )
Duncan Loomer and Patton, P.C., )
defendants, )
MOTION TO RECUSE JUDGE
======================
COMES NOW Plaintiff Marc Perkel and asks the Honorable Judge William
Syler to recuse himself. In support of this motion Plaintiff states as
follows:
1) On 05-19-97 Plaintiff filed a motion with the court requesting a
temporary restraining order. The court ignored the plaintiff's motion
refusing to respond in any way. The Plaintiff was entitled to a
response from the court.
2) On 05-29-97 Plaintiff made a motion to disallow defendants from
representing each other as required by the Rules of Professional
Conduct. Plaintiff's motion asked for an immediate ruling so as to
avoid improper representation at the hearing. The court refused to
acknowledge this request in any way.
3) At the July 14th 1997 hearing the Judge became an advocate for the
defense attempting in any way possible to dismiss the case. Plaintiff
believes that the judge tried to take advatage of the fact the
Plaintiff is pro se and to pull a fast one on him hoping that like
most pro se litigants that he would be fooled by the court.
4) The Judge seemed to try to separate the action in equity from the
action in law implying, but not saying, he believed these to be
separate cases. However the Judge refused to discuss his legal theory
to support it. If the Judge had a problem with the structure of the
case the Judge should have stated his concerns rather than to try to
keep his legal theories secret from the Plaintiff.
5) Upon failing to find any legal way to dismiss the case and to
justify the improper representation before him, the Judge made an
arbitrary ruling, in spite of the massive amount of case law before
him and in spite of the Missouri Rules of Court, allowed the improper
representation to continue. This ruling was in direct violation of
the letter of the Rules of Court which plainly spells out that this
is not permitted.
6) The Judge complained on the record that it was a five hour drive from
where he lived to Springfield Missouri.
7) Because Judge Syler ignored two motions that should have been ruled
upon before the hearing, and because the Judge acted as an advocate
for the defendants, and because the Judge was willing to violate the
Missouri Rules of Court on behalf of the defendants, the Plaintiff
contends that the Judge is biased and is unable to fairly hear this
case.
8) Plaintiff contends that in violating the Rules of Court to allow the
improper representation, the Judge was actively involved in covering
up the misconduct of the defendant attorneys. That pursuant to Canon
3(b) that the judge should have turned them in for discipline for
violating the Rules of Professional Conduct.
9) Plaintiff contends that the above judicial actions indicate that the
Judge is either interested in this case or prejudiced against the
Plaintiff and should be disqualified pursuant to Section 508.090 of
the Missouri Code. The Plaintiff hereby certifies to the court,
pursuant to 508.130, that he has cause to believe that he can not get
a fair trial under these circumstances.
WHEREFORE, Plaintiff asks that the Judge recuse himself, pursuant to
Section 508.090 and allow the Plaintiff to get a new judge who will give
him a fair and impartial hearing.
__________________________________
Marc Perkel * Plaintiff * 07-29-97
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