STATE OF WISCONSIN BEFORE MEDICAL EXAMINING BOARD

 

IN THE MATTER OF THE DISCIPLINARY PROCEEDING AGAINST:

Stuart M. Suster, M.D., Respondent

CASE NO.: 00MED272

LS-0210291-MED

 

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,

                                                                 AND,

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: 

  1. Soliciting ie. contacting TV6 et al., witness complaints against the Respondent, using financial incentives(ie. not having to pay their medical bills), to make false statements,
  2. collecting evidence against the Respondent which is tainted,
  3. interfering with the legal process, serving illegally as Stateís witnessesí attorney in State of WI before MEB, ie. advising witnesses not to talk to S. Kravit J.D.ís legal team, and advising all witnesses the Cross-Claim/ Counterclaim proceedings against them ďis bogus and should be ignoredĒ , and at the same time functioning as the Prosecuting Attorney for the Wisconsin Medical Examining Board,
  1. deliberately ignoring #2 requests each sent in Aug. 2003 from the Respondent who is Pro Se for numerous letter requests: 1) Respondentís Request & Demand for Pre-adminstrative Hearing, 2) Request for Indexing & Cross-Indexes, 3) Request & Demand for copies of Statement of Oaths, 4) Request for Complete Construction or Interpretation used with the Statutes, 6) Request & Demand For Privacy Act Notification, and 7) Request for Certified Copies of Rules Filed with the Secretary of State sent Oct. 2003,
  1. slandering the name of the respondent both publically and privately,
  2. producing a complaint to the Capitol Police that Respondent was ďunrulyĒ at his Madison, WI deposition. No police statement was taken from the Respondent, 

   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,

  1. conspiring with The State, et al., and  memberís of the DORL specifically, ALJ Ruby Jefferson-Moore,  who presides as Hearing Examiner, who clearly has a pro- State- position bias to find Respondent guilty of all said charges. She has not once since 1998, according to State published record, sided with a Respondent Physician in such matters,
  2. acting in capacity for which he is not qualified that of a licensed physician, (saying- reason why he wants videotape is to prove I am not rehabilitatable),

 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.

                                                                                     

                                                                                     Respectfully submitted,

                                                                                    _____________________________

                                                                                    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

 

 

CERTIFICATE OF SERVICE

           

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.

RETURN RECEIPT REQUESTED

 

VIA FIRST CLASS MAIL

Docket Clerk

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

 

VIA FIRST CLASS MAIL

Mr. Arthur Thexton-Prosecuting Attorney

P.O., Box 8935

Madison, Wisconsin 53708-8935