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Re: PROBATE RECORDS

ALL RESIDENTS OF WAPELLO COUNTY, PAST AND PRESENT

Posted By: Dean A. Glenn (email)
Date: 10/10/2004 at 01:50:01

In Response To: Re: PROBATE RECORDS (Linda Shogren)

Linda-

This is a matter that I am quite certain that the ACLU would love to participate in and pursue, as it is not only a case of violations of Federal and State law, and of our constitutional rights, but also a case of the "selling of public property" to private entities without so much as notice to the general public. As to the disappearance of files, it is not a matter of one or two, but several hundred files are missing.

Finally, I was told that the records were to be archived with the IOWA Genealogical Society after they were filmed, NOT THE WAPELLO COUNTY GS. THE IGS confirmed this, though I cannot recall to whom I spoke. Another issue on which Gloria has muddled the facts with all the lies she has told. She says she is aware that it is a violation of federal and state laws to do everything that is being done, and that is about the only thing that she is speaking the truth about. Under no circumstance or situation should we allow this matter to fall through the cracks. There are too many avenues to pursue against Gloria PERSONALLY as well as Wapello County as the custodians of these FEDERALLY REGULATED PUBLIC RECORDS.

Here are some other issues that make no sense to me - what does the LDS want with probate records?? Peruse through any family history library or at their online page at www.familysearch.org and you will not find probate records (at least that I have seen).

Is everyone aware that when those records are archived wherever they are archived, whoever has control of them (the IGS if things go as planned)will hold copyright protections on them, and that the IGS has already informed me it is their intent to index, catalogue and transcribe the records into publications which they will then sell for profit?? Furthermore, forget the fact that they are public records for a minute. Don't you think that if Wapello County was seriously doing this for $50000 they would have been all the happier to accept the $100,000 Ancestry.com probably would have "granted" them for the same service?

If the records are not coming back to the county court in physical form, why has it been necessary for Gloria to maintain that the filming is being done on the premises? Why would she not freely admit that they had been turned over to the IGS or whoever? Why does she continue to perpetuate a lie about the location of the files and the accessibility issues that she can't account for regardless how she tries, because the laws do not permit access to be restricted in any way, shape, or form? Could it be that she is counting on the fact that no one will report the violations to the United States Department of Justice if they think the records are on the premises? Could it be that she is well aware that Federal provides for the transfer of custody of all public records to one entity and ONLY one entity (NARA)?? I was shocked after looking at the Iowa Code regarding records, and I have not ventured to determine what other laws she is violating in regards to the duties and obligations or her position as a county court clerk, or her status as a custodian of federal, state and local documents and records.

Who guards the henhouse when the fox and the guard conspire and scheme to let the fox into the henhouse? Who is the custodian when there is nothing over which to have custody? What kind of documents from these file that may pertain to famous or infamous persons are being sold on ebay to the highest bidder, and who is selling them??

Why is the dishonesty and deception being tolerated by any one of us?? This whole affair should make every one of us cognizant of the total disregard for law held by those sworn to abide by, uphold, protect and defend the law. If one of us had gone to the court, slipped some documents into our briefcase and walked out, we would undoubtedly be charged to the fullest extent possible by the same people who have knowingly and willfully done the same thing on a much larger scale. What should stop someone from doing exactly that in the future, if the county clerk is allowed to escape prosecution?

I strongly advise people to WAKE UP and smell the coffee. It is an inalienable right - one that is not to be restricted in any manner, one that cannot be amended by Congress, overturned by home rules or arbitrarily violated by any person at will for any price whatever.

I will relinquish the soap box on which I have been preaching to the next in line...BUT NEVER WILL I SURRENDER TO THE VIOLATION OF MY CIVIL AND CONSTITUTIONAL RIGHTS. NEVER!!

Dean A. Glenn

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