Judges and Court Reporters can conspire together to create an inaccurate transcript, and the person harmed by the fiction is not allowed to sue for damages.

This writer alleged that Judge Susan K. Weaver conspired with opposing counsel William Zac White to delete unprofessional and unethical comments made by each in a hearing on August 4, 2021. They also concocted dialogue in which Judge Weaver supposedly granted an oral motion to extend time to issue and serve a summons. According to the conspirators’ version of events, this writer did not object to the clear violation of rule 4(i)(2) that requires such motions to be written. Court reporter Jana Perry went along with the plan.

This writer believes that a purposefully inaccurate record is a denial of the fundamental right to due process.

Federal District Court Judge Billy Roy Wilson disagrees.

Judge Wilson decided that my complaint was merely “criticizing how her state court case is proceeding.” He dismissed the civil rights litigation against the judge et al “for reasons including, but not limited to, failure to state a claim, Rooker-Feldman, and immunity”.

So, the only way to correct the inaccurate transcript is to ask Judge Weaver (which I did to no avail), ask the court reporter board to investigate (which I did to no avail) or wait for the entire case to run its course and ask the state appellate court. The best option is to ask the Eighth Circuit Court of Appeals to remand the 42 USC 1983 case back to the District Court in the Eastern District of Arkansas.

Had Judge Susan Weaver required the motion for extension of time to serve summons to be in writing and allowed me to respond in writing, she still could have and probably would have made an erroneous ruling anyhow. But there would be an accurate record. I think an accurate record is the foundation of due process.

If you can help, either by providing free or cheap legal representation or help with the filing fees for the court of appeals, please contact me at (760) 966-6000.