The Unsigned
Handwritten Order

The work that comes out of Missouri Courts

This is the unsigned order that cost me about $40,000. This is the order that I'm trying to have declared void. Is this unreal or what?

Is this all the citizens of Missouri can expect out of our courts? I am presently calling for the impeachment of the entire Missouri Supreme Court. The people of Missouri deserve better than this.

I want to ask the courts of Missouri, is this what you consider a judgement? Is this the standard work product of Missouri judges? You consider this acceptable? They complain that pro se litigants are a problem for the court because they don't know the law. This here is the work apparently of a family court comissioner. We don't really know who wrote it because it's not signed by anyone, and no one has come forward to claim it. But if this is the work of family court commissioners in Missouri, they have no right to complain about the legal work of pro se litigants. At least we're smart enough to sign our work!

Compare this product of the Missouri Courts to My Work. Who is within the rules? Me, or the hand written document below? Read the Opinion of the Missouri Court od Appeals.

What's wrong with this picture?

On the last page of the "order" the author originally wrote, "Commissioner makes the following findings from Hearing concluded 6 feb 95.", but scribbled this out and wrote "Therefore the court orders" above it. The author clearly knew that a commissioner did not have the authority to act as a judge, but decided to do so anyhow. This indicates that the author was not a judge, and knowingly and deliberately attempted to usurp the power of a judge. So in addition to being void, it is also an act of fraud.

If Commissioner Davis wrote this order, he did so knowing it was illegal.

If Commissioner Davis wrote this order, he did so knowing it wasn't legal. If he is the author, perhaps the reason he's not stepping forward is because he knows that he broke the law. If I were the one who wrote this I sure wouldn't want my name on it. A commissioner who does this kind of work should be thrown out. But that's not going to happen in Missouri because the Commission on Retirement, Removal, and Discipline merely covers up for judges. Anyone who tries to file a complaint against a judge has no chance. All they will do is forward the complaint to the judge and get you in trouble.

In 1996 the legislature passed 487.030, a statute that the decision of a commissioner becomes the decision of the court if not challenged in 15 days. The Missouri Supreme Court ruled that statute unconstitutional stating that a commissioner is not a judge and that the orders of commissioners are void. Before 1996 all the findings of the commissioners were not orders unless a judge signed them.

In this case however, the maintenance order was made in 1995, more than a year before this unconstitutional statute was passed. This was done at a time when commissioners were supposed to get the signature of a judge on all orders. In this case, if Commissioner Davis did make the hand written order, he clearly violated the rules by not having Judge McGuire sign it. And he further broke the rules by not signing it himself. This is assuming that Winston Davis wrote the order in the first place.

This order gives my ex-wife more money than she was asking for.

I believe that Commissioner Davis did not write the order and that the law firm of Wear and Sharp did. The handwriting is remarkably similar to the handwriting of James Sharp. The reason I believe that Wear or Sharp wrote the decision is that I am aware that Commissioner Davis is often too lazy to write his own orders and assigns one of the lawyers to do it for him. The hand written order of the court awards my ex-wife more money than she was asking for. It orders me to pay the medical and car insurance of my ex-wife's daughter, who is not related to me, and it makes findings about the status of my corporation which were not the subject of the hearing. These findings were favorable to my ex-wife's position.

The "maintenance" hearing determined that my company and software were marital property.

For instance, even though this is a maintenance hearing, it says that the legal status of the business was not proven and that my ex-wife helped develop some of my software. Those are very interesting findings for a maintenance hearing. These findings turned my company and my software into marital property. It also quoted my income from the previous year rather than the most current year.

Based on Commissioner Davis' record of letting the litigant's attorneys write decisions for him, and the decision being so favorable to my ex-wife's position, and the inclusion of findings that were not the subject of the hearing, I believe that either William Wear and/or James Sharp wrote the "order" of the court.

Will the real author please step forward?

If Commissioner Davis wrote this order he should step forward and admit it. If he didn't write the order then who did? Did the Reverend Billy Wear write it? Did James Sharp write it? If they did then the forged and order of the court. I would think that if a lawyer forges an order of the court they would be disbarred. But this is Missouri and the courts here are comportable with a high level of attorney fraud. In fact, the Sourthen District Court of Appeals ignored the fraud claiming that if there was fraud, I couldn't prove the fraud affected my case. So they ruled the burden of proof is on me to show it affected the case rather than to make the lawyers who committed the fraud prove it didn't affect the case.

We may never know who wrote this order.

But, we don't know who the author is and we have no way to find out because Missouri hasn't enforced the rules of court requiring that judges sign orders of the court. If those rules were enforced this unsigned hand written document would never have been filed. The clerk should have sent it back or threw it in the trash because it lacked a signature. If that had happened, my ex-wife's lawyers wouldn't have had the opportunity to forge an order of the court. I therefore hold the State of Missouri responsible for my losses.

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