Motion to Recuse Judge - Args

              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,              )


                          BRIEF IN SUPPORT OF
                        MOTION TO RECUSE JUDGE
                        ======================

Dear Judge Syler,

I sent you a letter politely suggesting that you recuse yourself on your
own motion. In response you wrote a letter declining my suggestion. I
now must insist that you recuse yourself from this case and I am
therefore making an official motion to do so.


You are not in a position to give me a fair hearing. I have a right to
due process of law and you are denying me a forum in which to have my
case heard fairly and impartially.


I made motions for a TRO and a ruling on the issue of defendants
representing other defendants and you ignored my motions. You should
have at least sent a response that you weren't going to rule on them
until the hearing, but you didn't do even that. You denied me the common
courtesies of at least acknowledging my motions existed. There is no
doubt in my mind that if I were a lawyer that you would have taken these
motions seriously. But as a pro se litigant you refuse to show me any
respect whatsoever, treating me as if I don't exist, and treating my
motions as if they aren't worth reading.


At trial you acted as an advocate for the defendants. You tried every
way possible to make a legal argument in their behalf to dismiss my
complaint against them. I'd like to have a judge making my legal
arguments for me, but that would be improper.


If you have a problem with the structure of my suit, as you implied at
the hearing, you should state what your problem is and allow me to fix
it. Instead you seem to want to withhold this information from all
parties so that you can spring it on me as justification for dismissing
the suit. I think it's improper for you to withhold what you think you
know and deny all the litigants to address your secret issue.


At the hearing, after failing to justify the improper representation
based on legal authority, you asked Mr. Sharp if he intended to be a
witness, to which he said "no". You then ruled, before I could respond,
that you were going to allow the improper representation. Mr. Sharp is a
defendant, and will continue to be a defendant because is was his
actions that constituted fraud upon the court. As a defendant I have the
right to question him as a witness and I already have in the record
notification that he will be a witness. Your attempt to create the
illusion that he isn't going to be a witness fails and it is now obvious
to any impartial observer that you were acting as an advocate for Mr.
Sharp's position.


The idea of defendants representing other defendants is obviously
improper and I have to believe that if a pro se litigant can see it that
surely a judge can figure it out. The way I see it, your honor, is that
you broke the rules in order to help out the defendants. The correct
ruling would have been for the court to show outrage for these lawyers
attempt to undermine the administration of justice by granting a default
judgement against them and to suspend them from the practice of law
until the faced a disciplinary hearing. I included in my motions, which
you apparently didn't bother to read, case law that supports disbarment
proceedings for doing a lot less than what these lawyers did.


I have a strong case here against these defendants and I don't need a
judge who's going to screw it up. I want to make it clear that I don't
trust you, nor do I have any faith whatsoever that you are willing to
play by the rules. Your ruling was beyond outrageous and it's now time
that you step aside so that maybe I can get a judge who will play by the
rules. I'm tired of judges who are above the law and I will not
tolerate any more judicial bias. The justice system is here to serve
the public and not as a self serving club where judges and lawyers take
care of each other.


I know you are a busy man and that you have duties to perform in your
job. Considering what has happened I can see where this case is likely
to end up being very time consuming and I'm sure you have better things
to do than to get into it with me. I'm doing you a favor letting you out
of this case and I would think that you would take the opportunity to
save yourself a lot of time and trouble.


As you have demonstrated, there is nothing that stops a judge from
ignoring the Rules and doing anything he pleases. However, your position
has no logical basis in law and is completely indefensible by legal
standards. In a fair and impartial forum, your position wouldn't stand a
chance.


All I want is a fair hearing so will you please get out of the way so
that I can get one?



__________________________________
Marc Perkel * Plaintiff * 07-29-97