IN THE MATTER OF THE
DISCIPLINARY PROCEEDING AGAINST:
Stuart M. Suster, M.D.,
CASE NO.: 00MED272
Respondentís Motion to
Compel The Examination of Arthur Thexton, prosecuting attorney & chief
investigator for The Stateís Dept. of Regulation & Licensing, as witness:
NOW COMES Stuart M. Suster, M.D., Respondent, in the above
mentioned cause of action to file this motion to examine Arthur Thexton as
Stateís witness and would show the Hearing Examiner/Administartive Law
Judge/Tribunal/Court the following, to wit:
The Administrative Law Judge, Ruby Jefferson- Moore has failed to rule on the Respondentís former legal counselís Motion to remove Mr. Thexton on the basis of his egregious prosecutorial conduct making Thextonís testimony now absolutely necessary,
Mr. Thexton has deliberately committed multiple
obstructions of Respondentís Due Process of Law and Equal Protection Under The
Law et al. and therefore has prejudiced the Hearing Examiner et al. against the
Respondent. Mr. Thexton has knowingly and willfully acted in his said capacity
for the State as if there has already been a Hearing and Summary Judgement
against the Respondent by:
7. failing to follow ALJs decisions resulting from Motion hearing(s) ie. proper and all Discovery requests, ie. ALJ ruled the last day to make State Discovery available is Nov. 28, which he did not notify Respondent of until Nov. 26, 1 business day prior to Hearing beginning Dec. 1, 2003 and did not make all Discovery available on Nov. 26,
10. failing to provide a response on Respondentís Motion to Quash filed with Dept. Reg. & License Nov. 13, 2003, and,
11. there have been numerous Ex Parte conferences between A. Thexton and the presiding ALJ, Jefferson- Moore regarding this case, ie. without the presence of the Respondent to give rebuttal, again prejudicing the ALJ against the Respondent. In this willful participation, A. Thexton has robbed the Respondent of due process of law et al.
In perpetrating the above scurrilous acts, Mr Thexton et al. has prevented Respondent from having a fair, adequate, and unbiased hearing, guaranteed by due process and equal protection under the law.
I therefore PRAY the Hearing Examiner/Adminstrative Law Judge presiding in this matter grant me the privilege of examining Mr. Thexton as witness.
Stuart M. Suster, M.D.
P.O. Box 26507, 10125 W. North
Ave., Wauwatosa, WI. 53226.
414- 443- 6432
page 3, Respondentís Motion to Examine A. Thexton as witness
IT IS HEREBY Certified that a true and correct copy of the
foregoing Respondentís Motion to Compel The Examination of A. Thexton,
prosecuting attorney and chief
Investigator for The Stateís Dept. of Regualtion & Licensing as witness has been served in compliance with the State Office of Administrative Hearing Rules of Procedure on the following individuals at the locations and in the manner indicated below on the _____ day of December, 2003, to wit:
VIA CERTIFIED MAIL Stuart M. Suster, M.D.
Dept. of Regulation and Licensing
Board of Legal Services
P.O. Box 8935
Madison, Wisconsin 53708
VIA FIRST CLASS MAIL
Mr. Wayne Austin, Legal Counsel
P.O. Box 8935
Madison, Wisconsin 53208-8935
Mr. Arthur Thexton-Prosecuting Attorney
P.O., Box 8935
Madison, Wisconsin 53708-8935