ERIN WERTH AND PAMELA DAVIS
RUSH COUNTY COURT CLERKS
SIGNED COURT ORDERS -
FRAUD ON THE COURT

Pamela Davis and Erin Werth, clerks of the Rush County District Court in Kansas, are documented in multiple court files as having signed subpoenas and orders using the phrase “SO ORDERED.” This practice is not only improper and unlawful but also violates multiple Kansas statutes, constitutional rights, and federal standards of due process.
 
Clerk-Signed Judicial Orders – A Clear Violation of Law

Court records show that:

• On February 27, 2020, Pamela Davis signed a subpoena to the Rush County Sheriff’s Office with “SO ORDERED”.

• On February 18, 2020, Erin Werth signed multiple subpoenas all stamped at 2:53 PM, directed to various witnesses, also with “SO ORDERED”.

Under Kansas law (K.S.A. 60-245(a)), subpoenas may only be issued by:

1. The court in which the action is pending,

2. The clerk at the direction of the judge, or

3. An attorney admitted to practice in Kansas.

Clerks are not authorized to independently sign judicial orders or use judicial phrases. By writing “SO ORDERED”, Pamela Davis and Erin Werth impersonated judicial authority, violating the separation of powers and engaging in conduct that constitutes fraud on the court.

Constitutional & Federal Violations

• Due Process (14th Amendment to the U.S. Constitution): Citizens cannot be compelled by orders or subpoenas that were not lawfully issued by a judge. Clerk-issued “orders” deny basic constitutional protections.

• Article III Separation of Powers: Judicial powers rest solely with judges. Clerks stepping into that role violates constitutional structure.

• Fraud on the Court (Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944)): Any deception by officers of the court—including clerks—that corrupts the judicial process is considered fraud on the court, rendering orders void.

• Void Orders Doctrine: The U.S. Supreme Court and Kansas caselaw make clear that orders issued without jurisdiction or proper authority are void ab initio (a nullity from the beginning).

Statutory & Governmental Violations

• Kansas Constitution Bill of Rights, §18: Guarantees justice without delay or denial. Fraudulent clerk-issued orders directly undermine this right.

• K.S.A. 23-2208 (Parentage Act): Custody and support orders require a lawful adjudication of paternity. Clerks cannot create or enforce orders without that foundation.

• K.S.A. 45-215 et seq. (Kansas Open Records Act – KORA): State officials are required to provide transparency. Misuse of clerk signatures to mimic judicial authority undermines transparency and accountability.

• Federal Civil Rights Violations (42 U.S.C. § 1983): Acting under color of state law to deprive constitutional rights (such as valid due process) creates liability for state actors.

• Government Integrity: By impersonating judicial authority, Davis and Werth not only abused their offices but also eroded public trust in the Kansas judiciary.

Pattern of Systemic Misconduct

The fact that multiple subpoenas signed by Erin Werth all share the identical timestamp of 2:53 PM on February 18, 2020, across different parties, proves this was batch-processed misconduct — not a clerical oversight. This shows a systematic practice of fraud on the court within the Rush County Clerk’s Office.

Why This Matters for Families and Accountability

When clerks like Pamela Davis and Erin Werth step into judicial roles, every affected party is denied:

• The right to a fair hearing,

• The right to due process under the 14th Amendment,

• The right to have subpoenas and orders reviewed by an impartial judge.

This misconduct invalidates the legitimacy of any subpoenas, wage garnishments, or orders they processed. It undermines public confidence, and most importantly, it leaves children and families vulnerable to abuse under void judicial orders.

Whistleblower & Media Exposure

This misconduct is exactly the type of systemic abuse that demands whistleblower investigations, national media coverage, and government accountability. It highlights how far local courts will go to protect themselves rather than protect children and parents.
 
Pamela Davis and Erin Werth’s actions must be exposed so that investigative reporters, watchdog groups, and federal oversight agencies can step in. This is not a clerical error—it is a fraudulent abuse of office that calls into question the integrity of the Rush County judicial system.