Memorandum of Law
Plaintiff's Objection to the Assignment of
the Honorable Rufe E. McCombs, and
Motion for Reconsideration

COMES NOW, Marquitta L. Portman, Plaintiff in the above styled case and pursuant to the Civil Practice Act, shows this Court the following:

STATEMENT OF FACTS AND BRIEF BACKGROUND:

1.

Thursday, September 14, 2000, the above named Plaintiff did receive a copy of Certificate Requesting Services of Senior Judge and Order of Appointment of Senior Judge dated June 5, 2000 and filed July 6, 2000, signed by the Honorable William T. Boyett, Administrative Judge of the Seventh Judicial Administrative District. Said Certificate and Order was included as an attachment to a responding letter from Jody Overcash, District Court Administrator, letter dated September 12, 2000. Thursday, September 14, 2000 is the date of Plaintiff's first knowledge of the content of said July 6, 2000 Certificate and Order.

2.

Also included as an attachment to the above cited letter was a copy of Order, dated May 10, 2000 and filed May 10, 2000, signed by the Honorable Kenneth O. Nix, Superior Court of Cobb County Judicial Circuit. Plaintiff had previously been in receipt of said May 10, 2000 Order, for it had been served by mail to Plaintiff by the Superior Court of Cobb County.

3.

By all general appearances of these two Orders, and as presented in Ms. Overcash's letter, the average person is led to conclude that Civil Action File No. 99-1-7941-35 is now subject to the jurisdiction of the Court of the Honorable Rufe E. McCombs, Senior Judge, Superior Courts, State of Georgia.

PURPOSE OF THIS MEMORANDUM OF LAW

4.

It is necessary and proper for this Plaintiff to challenge the jurisdiction of the Honorable Rufe E. McCombs as it pertains to Civil Action File No. 99-1-7941-35 (formerly Civil Action File No. 99-1-7941-24). Plaintiff hereby objects to said jurisdiction, and in the alternative submits her concurrent Motion to Disqualify the Honorable Rufe E. McCombs, with supporting Affidavit of Marquitta L. Portman, and Verification.

PLAINTIFF'S OBJECTIONS 

5.

The action required of the Administrative Judge was clearly prescribed by the Order of May 10, 2000. The action required was: to assign the identified Civil Action File No. 99-1-7941-__ to a Superior Court Judge outside of the Cobb Judicial Circuit. Said necessary action was circumvented by assignment to an assisting Senior Judge, leaving the jurisdiction of the Civil Action with the Cobb County Superior Court.

6.

The purpose for the action was also clearly prescribed by Order of May 10, 2000. The purpose was: because "the action is against other Judges of this circuit, as well as others. Said assignment to another Judge of the same circuit may create the appearance of bias, prejudice, or conflict." The subsequent Certificate and Order clearly restates the purpose, claiming that the reassignment is because "the active Superior Court Judges of the Cobb Judicial Circuit are engaged in jury trials and/or their other regular Circuit duties, or are absent from the Circuit, and in order to provide for the speedy and efficient disposition of court business in the Circuit." The differences between the Order of May 10, 2000 and the Certificate and Order of July 6, 2000 are evidentiary material which may be viewed as indicative of fraudulent intent on the part of the named judges of the Cobb County Superior Court to further delay the just resolution of this matter, thereby creating a deprivation of right. 

7.

Further, the very content of the Certificate and Order is evidence of improper influence on the Administrative Judge. The Certificate and Order is ONE single document, bearing the following signatures: Kenneth O. Nix, Dorothy Robinson, Mary Staley, S. Lark Ingram, Michael Stoddard (the preceding names being Judges of the Cobb County Superior Court), Rufe E. McCombs (as accepting Senior Judge), and William T. Boyett (as Administrative Judge). By it's own content, this document is evidence that the judges of the Cobb County Judicial Circuit have participated in bias, prejudice, and conflict by specifically choosing the receiving judge, and by retaining jurisdiction in the Cobb County Judicial Circuit through the assistance of a Senior Judge. 

8.

In addition, Judge Nix previously recused himself from this Civil Action, by Order of May 10, 2000. By his signature on the Certificate Requesting Services of Senior Judge, Judge Nix then circumvented his own Order for the apparent purpose of misleading the Administrative Judge. 

9.

Because the Honorable Michael Stoddard and the Honorable Kenneth O. Nix both recused themselves from the instant Civil Action, it has the overwhelming appearance of prejudice and bias in that they participated in signing the Certificate Requesting Services of Senior Judge, thereby retaining the Civil Action within the jurisdiction of the Cobb County Judicial Circuit.

10.

Plaintiff, and possibly the other defendant parties, had NO notice of the submission of the Certificate and Order to the Honorable William T. Boyett. It is entirely conceivable that such Certificate and Order was submitted to the Honorable William T. Boyett withOUT copy of the May 10, 2000 Order. 

11.

Because Plaintiff is without the means to know if Judge Boyett had knowledge of the May 10, 2000 Order, and pending the revelation of said knowledge, Plaintiff is compelled to timely file a concurrent Motion to Disqualify the Honorable Rufe E. McCombs, Affidavit of Marquitta L. Portman, and Verification.

ANALYSIS AND CONCLUSION OF ERROR

Plaintiff hereby presents that only two possibilities of error exist:

Possibility One
A.

The Honorable William T. Boyett was NOT knowledgeable of the May 10, 2000 Order, but considered only the merits of the submitted Certificate and Order. In such case, the Honorable William T. Boyett may have been defrauded by the originators of the submitted Certificate and Order. Further, the originators could be none other than members of the Cobb County Judicial Circuit, for they could not have signed said document prior to trier's decision which identified the trier's decision naming the Honorable Rufe E. McCombs without bias and prejudice actually existing. It is the METHOD of selection, and WHO made the selection of the Honorable Rufe E. McCombs that is primary to the issue of bias and prejudice.

B.

Because this Possibility One is strong, Plaintiff submits further evidence to support intentional bias, prejudice and conflict by the Cobb County Judicial Circuit court officers:

• Delay of the Order of May 10, 2000, is a primary example of obstruction of justice. The Honorable Kenneth O. Nix delayed (more than 6 months) Plaintiff's Motion to Disqualify the Honorable Kenneth O. Nix until such time as Plaintiff learned that the duty of the Court was to distance the entire Circuit from the Civil Action. Judge Nix completely failed to address Plaintiff's Motion to Disqualify in timely manner, pursuant to Superior Court Rule 25. Plaintiff's rights to Discovery have consequently been severely abused by Judge Nix's delay to administer to his duty.

• Judge Nix's Order of May 10, 2000 actually named the Honorable Robert J. James as the Administrative Judge before Robert J. James became Administrative Judge. Judge Boyett's Certificate and Order, signed June 5, 2000 was then not filed in Superior Court of Cobb County until after succession of the office to the Honorable Robert J. James.

• June 5, 2000, Plaintiff filed her Affidavit, Exhibit A, thereby making the summaries contained in her website to be part of the Record. Through the relentless subversive threats by attorney Daryl L. Kidd (defendant in the instant case) Plaintiff was eventually subjected to a violation of her Constitutional rights, for Daryl L. Kidd was successful in threatening Lycos, Inc. to shut down Plaintiff's website at www.angelfire.com/ga2/portman 

• The provider of Plaintiff's current and active website (at www.marquitta.com ) received a demand letter from an attorney and a demand letter from a judge, insisting that Plaintiff's website be closed down. Such subversive threats on the part of said attorney and particularly on the part of said judge are severe violations of Plaintiff's Constitutional rights under the First and Fourteenth Amendment to the U.S. Constitution, and possibly even evidence of collusion and racketeering.

• The Record is sufficient to show extensive evidence of bias, prejudice, and conflict, going back to Plaintiff's contested divorce action, Civil Action File No. 94-1-5243-22. This specific action by the Judges of Cobb County Judicial Circuit is simply an extension of earlier actions undertaken by these judicial officers to harass, control, and defraud this Plaintiff. 

Possibility Two
AA.

The Honorable William T. Boyett was knowledgeable of both the May 10, 2000 Order by Judge Nix and the submitted Certificate and Order of July 6, 2000. In such case, the Honorable William T. Boyett has knowingly committed judicial misconduct by "laundering" the purpose and assignment of the May 10, 2000 Order. 

WHEREFORE, Marquitta L. Portman, Plaintiff in the above styled action, prays:

1. That the Court of Jurisdiction be clearly identified as a Superior Court outside the Cobb County Judicial Circuit by the current Administrative Judge of the Seventh Administrative District, and prayed in the Original COMPLAINT AND SUIT FOR DECLARATORY JUDGMENT, MOTION FOR CHANGE OF VENUE, MOTION FOR TEMPORARY RESTRAINING ORDER, DEMAND FOR JURY TRIAL, and COMPLAINT FOR PLENARY RELIEF. 

2. Considering that the option exists to assign said case to a number of Superior Courts throughout the state, that said action be assigned to a Circuit capable of handling this action without the assistance of a Senior Judge, yet also capable of proceeding toward timely resolution of said case.

3. That Plaintiff be timely and correctly served by U.S. Mail of all subsequent filings of any Court or District having bearing or decision making power over the above styled Civil Action.

4. That the Honorable William T. Boyett reveal, by filed acknowledgment, his knowledge of the May 10, 2000 Order and identify on the Record when he obtained said knowledge and how it affected his Certificate and Order of July 6, 2000.

5. That the Honorable William T. Boyett submit his current findings of fact and conclusions of law, as they pertain to his Certificate Requesting Services of Senior Judge and Order of Appointment of Senior Judge, of July 6, 2000, to the Judicial Qualifications Commission and to the State District Attorney.

6. That the Court immediately move to adequately protect all Plaintiff's rights, including Plaintiff's website from intimidating actions by both attorneys and judges, and further that the Court obtain, by Order, copies of the two letters received by the hosting provider during the months of July and August 2000 and make them part of the Civil Action File Record. 

7. That the Court consider Alternative Dispute Resolution with a qualified mediator.

8. That the Court grant Plaintiff such other relief as is found to be proper and just.

Respectfully submitted,

Marquitta L. Portman, Plaintiff

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

Sworn to and subscribed before me this 18th day of September, 2000.

Notary Public

Commission expires: