Marquitta L. Portman
261 Pioneer Trail
Marietta, GA  30068-3470
770-971-9455 home
770-528-6920 ext. 2007 office

November 6, 2000

The Honorable Rufe Edwards McCombs
P. O. Box 6453
Columbus, GA 31907-0350

    RE: Civil Action File Number 99-1-7941-35

Dear Judge McCombs:

As much as I would like to speak directly with you, I know that it would be considered ex parte communication by the opposing parties. I am doing my best to adhere to the Law, even though I truly believe that on occasion, protocol and procedures bar the essential elements of cooperation. As taught to me by the late Larry Custer, I am sending copies of this written communication to all defendants' attorneys, for the purpose of remaining within the Court's procedural boundaries. 

I believe my Memorandum of Law and timely Motion clearly state the basis and justification for your disqualification. I hope you understand that my objection is not to your participation, but to the method under which you were placed in this position. Hopefully you also recognize that your voluntary recusal or your justified disqualification would essentially remove you from any participatory act of trespass or collusion. 

Surely it is evident that I simply want honest and impartial judgment. I expected justice when I submitted my domestic life into Robert E. Flournoy, Jr.'s hands. Yet, Judge Flournoy failed to openly declare what he knew at the time to be just cause for his recusal. And, he subsequently made a conscious decision to submit a VOID Order. 

Because I've learned the truth since, and because the truth shines light on Judge Flournoy's misconduct, I have a right to seek redress. Sadly, too many additional judges may have proceeded WITHOUT benefit of full knowledge and erroneously relied on politics or friendships to shape their own decisions. I do not seek to ruin reputations or careers. Rather, I seek clarification of my marital status and property rights, particularly as to my home. 

This has now taken over five years and the Court has permitted this case to languish indefinitely. I have been needed for several years to live close to my parents. With their blessing, I have delayed my move to their home state until this legal quagmire is resolved. I have also delayed my education and fragmented my career because I kept anticipating a move. This Civil Action has permeated every aspect of my life; and for that reason, I am now absolutely committed to persevering toward justice. 

It is my sincere desire to resolve this Civil Action immediately. I have properly requested your disqualification, yet even Judge James refuses to answer my procedural question as to jurisdiction for the disqualification hearing. The Law was never intended to be a cat and mouse game between the learned and the citizenry. 

Please allow me to state that I am willing to meet with the attorneys for the defendants in proper mediation, and I would welcome your participation as mediator. Any consent on my part would be as a result of said meeting rather than by this letter. I do reserve my right to proceed with litigation should such dialogue fail. However, even mediation is now delayed until a proper trier is assigned. Both action and inaction by the Court are significant factors in the resolution of this case.

Please respond.

Most sincerely,

 

Marquitta Portman
Certificate of Service
Copies of Original by Registered U.S. mail
Copy to the Honorable William T. Boyett
Copy to the Honorable Robert J. James
Copies to all defendant parties