MOTION TO DISQUALIFY 
THE HONORABLE RUFE E. McCOMBS

COMES NOW, Marquitta L. Portman, Plaintiff in the above styled matter, and files this her Motion to Disqualify the Honorable Rufe E. McCombs, and shows this Court the following: 

1.

Pursuant to Superior Court Rule 3.2, Thursday, September 14, 2000, Plaintiff first learned that the Honorable William T. Boyett, acting as Administrative Judge of the Seventh Judicial Administrative District, had filed Certificate and Order of July 6, 2000, thereby assigning the above Civil Action File to the Honorable Rufe E. McCombs, Senior Judge, Superior Courts, State of Georgia.

2.

Pursuant to Superior Court Rule 25.1, Plaintiff respectfully moves this Court to Disqualify the Honorable Rufe E. McCombs from the above-styled action. Plaintiff shows this Court that the Motion to Disqualify is timely, for it is made within five (5) days of Plaintiff's knowledge of said assignment. 

3.

The Honorable Kenneth O. Nix, through May 10, 2000 Order, recused himself. Pursuant to Superior Court Rule 25.4(c)(3), Judge Nix referred the action to the District Administrative Judge of the Seventh Judicial Administrative District for assignment to a Superior Court Judge outside of the Cobb Judicial Circuit.

4.

To act as trier of this instant civil action places the Honorable Rufe E. McCombs in a position which, to the average person, has the appearance of prejudice and bias. Rather than the case being assigned to a Superior Court judge outside the Cobb County Judicial Circuit, the Honorable Rufe E. McCombs was asked to assist the Cobb County Judicial Circuit. The identification of the Honorable Rufe E. McCombs as a candidate to assist was made by the officers of the Cobb County Judicial Circuit, an action which further exhibits bias, prejudice and conflict. 

5.

The Honorable Rufe E. McCombs, as Senior Judge, has assisting capabilities to any of the Superior Courts in the State of Georgia. Consequently, the above cited Civil Action, if assigned to any Senior Judge, will have the appearance of prejudice and bias, for the actual jurisdiction remains in the Cobb County Judicial Circuit.

6.

Because the Honorable Kenneth O. Nix recused himself by Order of May 10, 2000, the above cited Civil Action currently has no assigned Court of Jurisdiction within the Cobb County Judicial Circuit, thereby bearing the new Civil Action File Number of 99-1-7941-__. 

7.

Comparison of the May 10, 2000 Order of Judge Nix and the July 6, 2000 Certificate and Order of Judge Boyett show discrepencies in the action requested and in the reason for the requested action. The differences in the two documents are evidence of judicial misconduct. Plaintiff's Memorandum of Law and Objection to the Assignment of the Honorable Rufe E. McCombs, Exhibit A, is further pleading of bias, prejudice and conflict exhibited by the Cobb County Judicial Circuit court officers.

8.

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.

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

1. that the Honorable Rufe T. McCombs be disqualified, pursuant to Superior Court Rule 25.7, or, 
2. that oral hearing be allowed for the purpose of presenting evidence to disqualify the Honorable Rufe T. McCombs, and 
3. that this Court grant Plaintiff such other relief as it deem proper. 

Respectfully submitted, 




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

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

Notary Public 
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