Report: #1178222

Complaint Review: Ripoff Report files Motion to Disqualify Sac County Prosecutor Ben Smith for Conflict of Interest because he seeks removal of criticism about his performance as a public official.

  • Submitted: Sun, September 21, 2014
  • Updated: Tue, October 07, 2014
  • Reported By: Edward Magedson - Founder, Ripoff Report — Tempe Arizona
  • Ripoff Report files Motion to Disqualify Sac County Prosecutor Ben Smith for Conflict of Interest because he seeks removal of criticism about his performance as a public official.
    100 South State Street #9
    Sac City, Iowa
    USA

Ripoff Report files Motion to Disqualify Sac County Prosecutor Ben Smith for Conflict of Interest because he seeks removal of criticism about his performance as a public official. Sac County Prosecutor Ben Smith using his position to Chill Free Speech. Sac County, Sac City Iowa

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On September 19, 2014, Ripoff Report / Xcentric Ventures filed a Motion to Disqualify County Attorney Ben Smith from the lawsuit he filed seeking an order to take information down from the RipoffReport.com website.

The Motion to Disqualify is supported by a brief explaining the conflict of interest that disqualifies Smith from being the attorney on the case.  The lawsuit is taking place in Sac County, Iowa, where Ben Smith is the County Attorney and the only public prosecutor.

Essentially, the brief states  Smith’s performance as a public prosecutor is criticized in postings on the RipoffReport.com website, and Smith has a conflict of interest when he sues (or prosecutes) people for posting things that criticize him. [continued below]....

.....  A different and neutral attorney would need to do that, otherwise Smith is using the power of his office to serve his personal interest instead of the public interest.

“It is important that an elected public prosecutor cannot be able to use the official power of his office to prosecute, persecute, silence or suppress criticism from the public.  Otherwise he could just put all of his political opponents in jail, and there would be no freedom of speech or the press,” said  Adam Kunz, Xcentric's COO and In House Counsel.


The Ripoff Report / Xcentric’s Brief can be found here
http://www.ripoffreport.com/assets/pdfs/Brief_in_Support_of_Motion_to_Disqualify.pdf

 

All exhibits  that go with the Motion to Disqualify Ben Smith Sac County Prosecutor  are located below:

http://www.ripoffreport.com/assets/pdfs/Motion_to_Disqualify_Ben_Smith_Sac_County_Prosecutor.pdf

http://www.ripoffreport.com/assets/pdfs/Brief_in_Support_of_Motion_to_Disqualify_Ben_Smith_Sac_County_Prosecutor.pdf

http://www.ripoffreport.com/assets/pdfs/Exhibits_1-3_Ben_Smith_Sac_County_Prosecutor.pdf

http://www.ripoffreport.com/assets/pdfs/Exhibits_4-13_Ben_Smith_Sac_County_Prosecutor.pdf

http://www.ripoffreport.com/assets/pdfs/Exhibits_14-19_Ben_Smith_Sac_County_Prosecutor.pdf

www.edmagedson.com


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This report was posted on Ripoff Report on 09/21/2014 09:19 AM and is a permanent record located here: https://www.ripoffreport.com/reports/ripoff-report-files-motion-to-disqualify-sac-county-prosecutor-ben-smith-for-conflict-of-interest-because-he-seeks-removal-of-criticism-about-his-performance-as-a-public-official/sac-city-iowa-50583/ripoff-report-files-motion-to-disqualify-sac-county-prosecutor-ben-smith-for-conflict-of-1178222. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year. Ripoff Report has an exclusive license to this report. It may not be copied without the written permission of Ripoff Report. READ: Foreign websites steal our content

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