STATE of NORTH CAROLINA in the GENERAL COURT of JUSTICE

COUNTY of NEW HANOVER for the ATTENTION of the
(CITY of WILMINGTON) CHIEF JUDGE of DISTRICT COURT

IN RE:

JAN KENNEDY

AFFIDAVIT to PETITION FOR

SUSPENSION/REMOVAL OF
CLERK OF SUPERIOR COURT

Affiant swearing his name to this document, and appearing before the notary here acknowledged, is William Dawson Gage, resident of 513 Orange Street in the City of Wilmington in New Hanover County in the State of North Carolina. With the submission of this sworn affidavit for the attention of the Chief District Court Judge, affiant does hereby accuse and allege the following acts of misconduct in office by Clerk of Superior Court Jan Kennedy:

1) In defiance of the fundamental law of North Carolina found in Article I, Sec. 18 of the Constitution of North Carolina, which says that “court shall be open”, Clerk of Superior Court Jan Kennedy has conspired with the Office of the District Attorney and deputies of the Sheriff of New Hanover County to comprehensively restrict and menace affiant Mr. Gage whenever he goes to the courthouse, and deny him access to the courts in his efforts to advocate for himself in his cases. This pattern of hostility by the officers of the courthouse has had the effect of denying affiant Mr. Gage his rights to the “due process of law”, the “due course of law”, and “the equal protection of the laws”.

This systematic effort to coerce and intimidate your affiant in the exercise of his rights constitutes a sufficient ground for the removal from office of Clerk of Superior Court Jan Kennedy pursuant to NCGS 7A-105. Thus alleging “willful misconduct in office” on the part of Ms. Kennedy affiant does bring the following representations to court.

The prejudicial treatment by the clerical power of Jan Kennedy’s offices has now been going on for years, and this prejudice against affiant has been evident from the very outset and has continued up to the present. Affiant Dawson Gage does allege that Jan Kennedy has abused the power of her offices in order to deny him the due process/due course of law. The clerical procedures employed in the multifarious proceedings against your affiant, from the special proceedings for “civil commitment” per NCGS 122C, which differs from the related practice of “forensic commitment” per NCGS 15A-1002: both of these commitment practices are sanctioned by the authority of the clerk of superior court, where records of such special proceedings make clear the generalized atmosphere of “psychiatric bigotry” on the part of the Clerk of Superior Court in concert with “law enforcement” and the attorneys for the State.

In making the general allegation of an unlawful conspiracy encompassing Clerk, the Sheriff, the DA, the Wilmington Police, and their collaborators at New Hanover Regional Medical Center, affiant William Dawson Gage attributes primary responsibility to the elected officials of the courthouse especially District Attorney Benjamin David and Clerk of Superior Court Jan Kennedy.

Between these two figures and their footprints of influence at the courthouse, an image of your affiant as a “paranoid schizophrenic” who poses a “clear and present danger” to “the community” has been cultivated over many years and this image has been a necessary component of the campaign of oppression and persecution the State has carried out.

The records maintained in the Office of Special Proceedings in New Hanover County are evidence of the years of prejudicial treatment and misconduct on the part of Clerk of Superior Court Jan Kennedy, who has supervised the proceedings and lent the imprimateur of the Clerk’s offices to the documents used as the basis for commitment to inpatient psychiatric facilities and coercive psychiatric treatment.

Affiant Mr. Gage alleges that the Clerk of Superior Court has a fundamental conflict of interest where he is concerned, and that this conflation of psychiatric and clerical authority by the integrated State tends always and in every instance to deny the rights of those committed. Lending the clerical authority to even the most flagrant abuses of both “civil” and “forensic” commitment and abuses of the power of detention in general, Jan Kennedy has abused her office so as to give good cause for removal from office per NCGS 7A-105.

Affiant furthermore accuses the Clerk of Superior Court of willful collaboration with an unlawful conspiracy encompassing the Clerk of Court, the Office of the District Attorney, the Sheriff’s Office, the Wilmington Police Department, and various other agencies and instrumentalities of the State. The clerk has been responsible throughout this ordeal for maintaining a record of affiant’s incarceration by the State in facilities across the State of North Carolina and especially in the County of New Hanover.

2) Clerk of Superior Court Jan Kennedy has been responsible for the psychiatric incarceration of affiant Dawson Gage, for the entire sequence of forced inpatient hospitalizations that began with his first 122C Involuntary Commitment in May 2017. The authority of the clerk’s office is used to guarantee the 122C process from the receipt and acceptance of the “affidavit and petition for involuntary commitment” to the subsequent “psychiatric evaluations” to the eventual hearing of the “district court quasi-judicial 122C special proceeding”.

At every stage of this process the clerical authority has been used to provide the appearance of legality to 122C proceedings, and the prejudicial treatment of your affiant by the Clerk of Superior Court includes no fewer than six 122C commitments and numerous additional “forensic commitments” per 15A-1002 which were used to keep affiant Mr. Gage detained/confined for months at a time pending “evaluations” which themselves were conducted in a grossly prejudicial fashion by the “forensic evaluators” at Central Regional Hospital in Butner, NC. The authority of the Judges of both District and Superior Courts to order commitment to the Butner Campus is dependent upon the clerical practices of the Clerk of Superior Court as they govern the administration of the Detention Facility and the choreography of transporting the committed defendant for “forensic evaluation” on the Butner Campus.The Clerk of Superior Court is responsible for orchestrating the procedures that deprived affiant of his right to the due process/due course of law: the Clerk guarantees the power to incarcerate at every juncture.

Having stated thus these general allegations, affiant William Dawson Gage shall make himself available for questions and inquiries from any party whatsoever investigating the matter of his allegations against the Clerk of Superior Court. Affiant addresses this sworn affidavit in the manner described in NCGS 7A-105 to the Chief District Court Judge J. H. Corpening, to be conveyed to the judge by the diligent sisters of the Clerk of Superior Court, in whose care this sworn affidavit was placed this 27^th day of April, 2020.

William Dawson Gage

513 Orange Street, Wilmington, NC 28401-4609

9103225853(c) 9107692223 (h/o)

dawson@freewilmington.org

APPENDIX: highlights from dawsongage.net

dawsongage.net/?p=903

password: allrealityhingesonmoralfoundations

note: This is an “affidavit to petition for the removal of the district attorney” per NCGS 7A-66. It was filed with the Civil Clerk of Court in New Hanover County on the afternoon of 23 December 2019.

dawsongage.net/?p=866

note: This “public records lawsuit” was written during the middle weeks of August 2018 on house arrest at 515 Orange Street (said “electronic monitoring” administered by the probation officers of the Department of Public Safety)

dawsongage.net/?p=850

dawsongage.net/?p=512

www.freewilmington.org

soundcloud.com/dawson-gage