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Complaint to Comm on Disciplin of Judges

Complaint to Comm on Disciplin of Judges

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Published by: bblurkin on Jan 01, 2009
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06/16/2009

 
COMMISSION
ON
RETIREMENT,
REMOVAL
AND
DISCIPLINE2190
S.
Mason Road, Suite
201
^
*.
^
St.
Louis, Missouri 63131
"
 
E-mail: jim.smith@
courts.mo.gov
(314)
966-1007
Facsimile: (314)
966-0076
COMPLAINT ABOUT A
MISSOURI JUDGE
OR COURT
COMMISSIONER
[PLEASE
TYPE
OR
PRINT
ALL
INFORMATION]
Name:
_
William
Duff
Address:
loSNWioiPl
Kansas City.
,w
Phone: Daytime:
(816) 429-5038
 _
Evening:
(
 __
 )
same
I
have information
of
possible
misconduct
or
disability
on the
part
of;
and
the
Honorable
Anthony
(REX)
Gabbert of
Division
2 , of the 7
th
Judicial Circuit Court(name
of
judge
or
court commissioner)
inKansas
City
,
CLAY
. Missouri.
(city)
(county)
1.
When and where did
this
happen?
Datefs):
JUNE
s
TO
PRESENT Time: Location: DIVISION
2
2. If
your information
arises
out of a
court
case,
please
answer
these questions:
(a) What
is the
name
and number of the
case?
Case
name: DUFF
VS FRAZIER
ET AL
Case
no: 07CY-CV06125
(b)
What
kind
of
case
is it?
criminal
domestic
relations
smallclaims
traffic
probate
civil
X
juvenile
contempt
other
[specify]:(c)
What
is
your relationship
to
this
case?
__X__
plaintiff/petitioner
defendant/respondent
attorneyforwitnessfor
other
[specify]:(d) If you
were
represented
by an
attorney
at the
time
of the
conduct
of the
judge
or
courtcommissioner, please identify
the
attorney:
Name:
N/AAddress:
Phone:
(
)
Page
2
of
3
3. List documents that help support your
information
that the judge or court commissioner has engaged inmisconduct
or has a
disability,
noting which ones
you
have
attached:
_07CY-CV06125
CASE
FILE SUPPORTS THIS
CLAIM
4.
Identify,
if you can, any other
witnesses
to the conduct of the judge or
court
commissioner:Name(s):
NUMEROUS
Addresses:
Phone:
( )
(
)
5.
Specify
below the details of what the judge or court commissioner did that you think constitutesmisconduct
or
indicates
disability.
[PLEASE TYPE
OR
PRINT
LEGIBLY; ATTACH
ADDITIONAL
PAPER
IF
NECESSARY].
SEE
ATTACHEDPURSUANT
TO
SUPREME
COURT
12, THE
IDENTITY
OF
INFORMANTS
IS
KEPT
CONFIDENTIAL.
YOU
MAY
CHOOSE
TO
WAIVE THIS CONFIDENTIALITY.
_I
choose
to
waive
the
confidentiality
of
Supreme Court Rule
12 and
request
that
a
copy
of my
complaint
be
sent
to the
judge
or
court commissioner.Ido not waive the confidentiality provided by Supreme Court Rule 12 and request that theCommission
not
disclose
my
identity
to the
judge
or
court commissioner.Signature: William
Duff
Date:
12/29/2007
 
!
2
5
i
5
6
7
8
9
10
i:
13
14
1516
17
1819
20
COMMISSION ON RETIREMENT,
REMOVAL
AND
DISCIPLINE
2190
S.
Mason Road,
Suite
201
St.
Louis,
Missouri
63131
E-mail:
jim.smith@
courts.mo.gov
(314)
966-1007
Facsimile:
(314)
966-0076
COMPLAINT ABOUT A
MISSOURI
JUDGE
OR
COURT
COMMISSIONER
Case
#
07CY-CV06125
was filed seeking remedy for trespass
with
injury
and trespass on the case as aCourt
of
Record
1
proceeding according
to the
course
of the
Common
Law
2
in
Clay County, Missouri
Circuit
Court
3
and the Honorable Anthony (REX) Gabbert of Division 2 was assigned to
hold
it.The case seeks damages against two private individuals for trespass with violence who were
initially
acting intheir
office
asKansas City Missouri police
officers
and whoclaimant claims vacated their
office
of
authority
by and
through their acts that intruded into
plaintiffs
private domain (jurisdiction)
for
thepurposeofrestraining
plaintiffs
right ofaction without probable causeofattending crimeandtherefore acted
in
excess
of
statutory jurisdiction, authority
and
short
of
statutory
right. As
such,
defendants
actedintheirownprivate capacityandunder colorofStateandlocal Law. Frazier issued3
municipal
citationsto
plaintiff
to beheardin the
municipal
courtofKansas City. This suit proceeded
1
A "court of record" is a judicial tribunal having attributes and exercising functions independently
of the
person
of the
magistrate designated generally
to
hold
it, and
proceeding according
to the
course of common law, its acts and proceedings being enrolled for a perpetual memorial. Jones v.Jones,
188Mo.App.
220,
175
S.W. 227, 229;
Ex parte
Gladhill,
8 Mete.
Mass.,
171,
per
Shaw,
CJ.
See, also, Ledwith v.Rosalsky,244 N.Y. 406,
155
N.E. 688, 689.
2
This action proceeded according to the course of the common law by decree of the sovereign and
his
suit
and as
described generally
in
Ko
f f 1
e
r,
"
COMMON
LAW
PLEAD
ING,
"
page
80,and by
Stephen,
A Treatise on the
Principles
of Pleading In
Civil
Actions,
c. I, Of the
Proceedings
in An
Action,
from
Its
Commencement
To Its Termination, 59, 60
(3rd
ed. by Tyler,
Washington,
D. C. 1893).
3
COURT. An agency of the sovereign created by it directly or indirectly under its authority,consisting of one or more
officers,
established and maintained for the purpose of hearing anddetermining issues of law and
fact
regarding legal rights and alleged violations thereof, and of
applying
thesanctionsof thelaw, authorizedtoexerciseitspowersin thecourseof law attimesand
places
previously determined
by
lawful
authority.
[Isbill
v.
Stovall,
Tex.Civ.App.,
92S.W.2d
1067,
1070; Black's
Law
Dictionary,
4th
Edition, page 425]
william
duff
Page
1
12/29/2007
 
21
22
23
2A
--
26
27
28
29
JO
n
J2
33
34
35
M.
37
38
39
40
n
42
43
44
45
46
474849
50
51
52
-
55
V-
against
Frazier
and
Roth
in
their private capacities
on
that premise.
All
Documents
filed in
this case
by
plaintiff
are
testimony
and
offers
of
proof
as if
sworn
to
under
affirmation
in
that proceedingaccording
to the
course
of the
common law,
all
evidence
is in the filed
papers
and
plaintiff
has
signed
in
verification
thereto.
Simultaneously, the
action
filed by
Frazier proceeded
in the
Municipal Court
of
Kansas City: Judge
Williams
of
court room
A.
Duff answered those charges
and the
clay county court issued
an
order
first
for
the
Municipal court
to
stay
it's
proceedings
and finally for the
Municipal court
to
dismiss
the
action
before
it as the
matter
had
been
fairly
settled
in the
Clay county
court..
Williams ignored both orders
and
proceeded
to find
Duff guilty
of two of the
three charges brought.
The
questions
to be
decided
in the
Clay county
case
are:
1.
Were
plaintiff
actions
a
constitutionally protected activity?
If
yes;
2.
Were there
any
oaths agreements
or
applications
for
benefits, entered into
by
plaintiff
thatdiminished
the
protectied nature
of
that activity?
If no;
3.
Does
the
office
of
police possess authority
to
restrain
by
force
a
constitutionally securedactivity?
If no;
4.
Does
the
officer
vacate
the
office
of
trust
in
order
to
perform
the act of
forcefully
restraining
such
activity?
If
yes;
5.
Is the
act/restraint
a
trespass?
If yes
6.
Is
Plaintiff
injured
by
that trespass
and due
remedy
and
damages.,
if
yes;
7.
Finally, what
are the
damages.
As
such,
the
subject matter
to be
decided here
is
law. Defendants have admitted
to the
facts alleged,
and
the
entire
case proceeds
upon
the
paperwork. Verbal testimony
may be
wholly unnecessary
in
order
for the
court
to
reach
its
conclusion especially where defendants have admitted
the
facts
complained
of by
plaintiff,
as
here.
All
the
above
was
established
and
proven
up by
plaintiff
in the
original action
and the
attendingexhibits,
filed on
6-15-2007
with return service made
on
7-17-2007,
as
shown
on the
docket
in
thiscase
and as is
typical
of a
case proceeding according
to the
course
of the
common law.
The
Honorable Anthony (REX)
Gabbert
(ARG)
had
opportunity
to
question
plaintiffs
construction
of the
court
and
allocation
of jurisdiction
since that time
but has
remained silent
on the
matter
until
the
11-7-
2007
hearing where only
by
implication
did he
contest.
He
merely ignored
the
substance
of the
action
and
injected
rules
and law
foreign
to
that decreed
in
this case.
william
duff
Page
2
12/29/2007

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