12-09-14 AGO PRR Part 7 - Superior Court Judges Association

Transcription

CONFIDENTIAL
Assigned To: LD
Requestor:
Richard Roy Scott (32)
File No.: PRR-2014-00312
Assigned To: LD
Requestor: Christina A. Duffney
File No.: PRR-2014-00313
Assigned To: LD
Initial Response:
08/07/14
Final Response:
08/07/14
PRR Received:
08/07/14
Initial Response:
08/08/14
Final Response:
08/08/14
PRR Received:
08/08/14
Initial Response:
08/08/14
Final Response:
08/08/14
Next two weeks read and another copy of what you sent around 721 = 7-25.
I am requesting all DSHS records pertaining to myself and my 5
children:
Raynee Duffney 04-16-1997
Jourdan Duffney 02-13-1999
Hannah Duffney 09-19-2003
Brianna Duffney 10-12-2005
Jayden Duffney 09-14-2007
the recording of the meeting between Amy Nile, Bodnar, Vekich,
Domingos, Thompson, and JTEC
Requestor: Neal Kirby
File No.: PRR-2014-00314
Assigned To: SG
PRR Received:
08/08/14
Initial Response:
08/08/14
Final Response:
08/12/14
Requestor: Blayne J. Coley
File No.: PRR-2014-00315
Assigned To: KB
PRR Received:
08/06/14
Initial Response:
8/13/14
Final Response:
Child custody dispute for Lindsay Jasmine Coley Hall as a
dependent of the State. Unresolved matters with the
maternal parent and DCFS over parenting logic counseling
and at the time cannabis abuse; father was detained over
legal-criminal-elder disputes. Maternal records with lawyer
Mary Otey and paternal arguments with records from
Melanie Bailey. Please recover any and all information
disclosable through the Public Records Act.
Requestor: Blayne J. Coley (2)
File No.: PRR-2014-00316
Assigned To: KB
PRR Received:
08/06/14
Initial Response:
8/13/14
Final Response:
8/13/14
PRR Received:
08/06/14
Reports from Grant County Sheriff’s Office, June 18th MAC, GSO
Bernard, and GSO Dobson, book statements, District Court
Charges, plea on arraignment, a full and complete discovery,
please.
File No.: PRR-2014-00317
[2b]
It was reported there were 237 filed articles under my felony
charges under case No. 08-1-0039-8. I just recently had my
Thursday, November 20, 2014
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CONFIDENTIAL
Assigned To: KB
Initial Response:
8/13/14
Final Response:
8/13/14
File No.: PRR-2014-00318
Assigned To: KB
PRR Received:
08/06/14
Initial Response:
8/13/14
Final Response:
8/13/14
Requestor: Anne K. Block
(11)
File No.: PRR-2014-00319
Assigned To: KB
PRR Received:
08/11/14
Initial Response:
8/18/14
Final Response:
…please provide records sent or received as which in any
way relates to any lawsuit involving a former AG who was
terminated as stated in the below articles. [see original]
Requestor: Jeff Burnside
File No.: PRR-2014-00320
Assigned To: KB
PRR Received:
08/11/14
Initial Response:
8/11/14
Final Response:
8/11/14
PRR Received:
08/11/14
Initial Response:
08/18/14
Final Response:
08/28/14
Olympic Animal Sanctuary
…send me this case.
PRR Received:
08/11/14
Initial Response:
08/18/14
Final Response:
PRR Received:
08/13/14
Initial Response:
…a copy of the pleadings from the lawsuit Gregoire v.
RJ Reynolds
Requestor: Boyd M. Mayo
File No.: PRR-2014-00321
Assigned To: SG
Requestor: George Mitchell
File No.: PRR-2014-00322
Assigned To: SG LD
Requestor:
Shappa J. Baker (3)
File No.: PRR-2014-00323
awarded appeal overruled by the Grand County Prosecutor in the
Washington State Supreme Court. I’m going to need a
“discovery” of all public records available. I know this is a
tedious time consuming task, I really need to justify my elder Laws
at the alleged crime I was convicted of. (A voir dire “mistrial” and
transcripts for trial and sentencing).
Civil District concerns – Benton County Kennewick, WA.
Pertaining to alleged incompetent person (me the AIP) confined to
Lourdes Counseling Center. Court issued an LRA for a minimum
of 90 days. Requesting full discoveries for approximately 6 weeks
from July 4th through mid-August 2007. Names of Legal Guardian
Ad Litem, custodial Guardian, Law Guardian’s oath of affirmation,
court ordered medications, et al. Are there sealed records?
[2b]
…all documents, including complaints, associated with the
following companies:
Lexxiom, Inc.
Lexxiom Payment Systems, Inc.
The Iniguez Law Firm
To be clear, I seek only those responsive State of Washington
(State) documents generated by the AGO that were not
served upon me. In other words, I do not want those
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CONFIDENTIAL
Assigned To: KB
8/20/14
Final Response:
documents that I've submitted to state agencies (i.e., AGO)
or the responsive pleadings that have been filed in court
records and which were already sent to me from AAGs
within divisions of the AGO. For example, I would like any
investigative reports created, notes taken by AAG Carl
Warring, or statements made by AAG Lynn Mounsey that the
AGO generated as a result of my assertions and claims
submitted to AAG Warring regarding the subject securities.
He mentioned contacting Spokane officials/representatives at
one point during a phone conversation we had but was
rather obscure and noncommittal about it. New information
I’ve outlined below seems to lend support to his reference.
Second, I may have been mistaken with respect to "SID" in
the second bulletpoint within my previous letter to you dated
June 5, 2014. I recently discovered the following
information which mayor does in fact pertain to the
bonds/securities assigned CUSIP No. 315916304 and
SID No. 019051655:

SID is the municipal securities information
repository that is formally recognized in writing by
the Securities and Exchange Commission (SEC) as
the State's "State Information Depository" for
purposes of Rule 15c2-12 of the SEC.

The securities transaction indicates involvement of
municipal bonds, was commercial in nature, and was
realized on the front end of the transaction.

The bond/securities transaction is associated with
financial and other data submitted to AFRS and
detailed within the State's CAFRs.

The principal and interest on said [City of Spokane
municipal] bonds were and are payable by the fiscal
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CONFIDENTIAL

Requestor: Kevin Hastings
File No.: PRR-2014-00324
Assigned To: SG
PRR Received:
08/13/14
Initial Response:
08/20/14
Final Response:
08/20/14
agency of the State, which was and remains The
Bank of New York, for the sale of
said securities through Spokane County on the
relation of the State of Washington.

As previously noted, proceeds from the sale of the
bond(s) were fixed by the State and its subdivision
through a warrant in the sum of $250,000 on June
25-28, 2004.

The underlying security was derived from my name
used in Spokane County Cause No. 04-1-02260-7
and its derivative judgment. [No. 05-9-01180-7]
underwritten on or about February 11, 2005.
I am requesting copies for the following under the Public Records
Act:

All records related to any investigations done by the
Washington Attorney General regarding Ocwen and any
reports regarding Ocwen operations.

All discovery collected by the Washington Attorney
General regarding the lawsuit filed against Ocwen
referenced in the enclosed Seattle Times article.
[2b]

Requestor: Lowell D. Miller
File No.: PRR-2014-00325
Assigned To: KB
PRR Received:
08/13/14
Initial Response:
8/20/14
Final Response:
8/20/14
Requestor: Richard Roy
Scott (33)
File No.: PRR-2014-00326
Assigned To: LD
PRR Received:
08/14/14
Initial Response:
08/21/14
All discovery motions and replies filed by the Washington
Attorney General regarding the lawsuit filed against
Ocwen referenced in the enclosed Seattle Times article.
Mr. Bob Ferguson…a true and correct copy of your Oath of
Office; Surety bond; Affidavit letter from State Commissioner
granting your position as Attorney General; as is required by the
U.S. and Washington Constitutions.
Next two weeks readout please.
…
Any motion filed in James Jones v (SCC). C14-5018BHSIRC. Not the complaint or answer. And order on such order
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CONFIDENTIAL
Final Response:
Requestor: Joyce Tasker (13)
File No.: PRR-2014-00327
Assigned To: KB
Requestor: Calvin Malone
File No.: PRR-2014-00328
Assigned To: SG LD
PRR Received:
08/14/14
Initial Response:
8/20/14
Final Response:
PRR Received:
08/15/14
Initial Response:
08/22/14
Final Response:
if any.
A readout of litigation against SCC or SCC staff. Not
PRP’s. Or commitment cases.
This PRR is specifically requested of the ATG MI
Purchasing Dept.
[2b]
1. Please provide all Office Depot invoices for CD's and CD
paper sleeves retroactively from 7/31/2014 and work back in
time to 1/1/2010. Please start with most recent and work
back.
2. Please also specify the AG chain of command once an
invoice is received..... list names of all who receive copies
of Office Depot invoices by e-mail or otherwise.
I would like to obtain a copy of the brief(s) resulting in the
"Master Settlement Agreement, (MSA), filed by the former
Attorney General of Washington, Christine O. Gregoire.
This litigation was shared between 46 states, as well as the
District of Columbia, and five U.S. Territories, against four
major tobacco companies, (Philip Morris, R.J. Reynolds,
Brown & Williamson, and Lorillard). Filed between 1994
and 1998. Entered into on November 23, 1998.
I would also like to receive any other related briefs
connected to that settlement. Please let me know what I need
to do to obtain these copies.
Requestor:
Stephen M. Simmons
File No.: PRR-2014-00329
Assigned To: JS
PRR Received:
08/18/14
Initial Response:
08/25/14
Final Response:
08/25/14
Next, please provide the official electronic mail (e-mail) address
assigned to Mr. Ferguson by the state. Please be advised this
portion of my electronic communication is an official PRR
submitted compliance and accordance with the Public Records Act,
RCW 42.56, and 42.56.010(3).
Finally, to prevent any undue delay, under the penalty of perjury
under the laws of the State of Washington, I certify these records
are not for commercial use as defined in RCW 42.56.070(9) should
you so choose to request that clarification.
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CONFIDENTIAL
Requestor:
File No.: PRR-2014-00330
Assigned To: LD
PRR Received:
08/18/14
Initial Response:
08/19/14
Final Response:
08/19/14
8-14-14
Please resend what you sent this week. Problems in the mailroom.
-- Arrived yesterday --
Requestor: Jeff Cunningham
File No.: PRR-2014-00331
Assigned To: SG
PRR Received:
08/19/14
Initial Response:
08/26/14
Final Response:
PRR Received:
08/19/14
Initial Response:
08/26/14
Final Response:
PRR Received:
08/19/14
Initial Response:
8/26/14
Final Response:
Any records that came into AGO that relate to Carl Hu
and/or Breast Cancer Fund.
Requestor: James J. Hartman
File No.: PRR-2014-00332
Assigned To: JS
Requestor: Paul Richmond
File No.: PRR-2014-00333
Assigned To: KB
Requestor:
Michael Holmberg (2)
File No.: PRR-2014-00334
Assigned To: SG
PRR Received:
08/20/14
Initial Response:
08/27/14
Final Response:
Requestor: Mary L. Bell
File No.: PRR-2014-00335
Assigned To: LD
PRR Received:
08/13/14
Initial Response:
08/20/14
Final Response:
08/20/14
[2b]
Microsoft Corp challenges from customers for
Hotmail.com Outlook MSN etc.
Any class action with Microsoft
…any past correspondence including complaints about this
business,or individual named in our complaint to the
Attorney General's Office, #452925..
This includes anything related to Mr. James Mosher and or
Northwest Tree Care, including under UBI 601908630 and
UBI 60369949.
Are you authorized to receive personal service on behalf of
Governor Inslee? If you answered “yes.” Please provide a
copy of the documents which state so.
I am assuming that your office received the completed 6 month
community custody reports for the cases of Jeffrey Reid Edgington
No. 12-1-00353-3 DOB 07-25-1958 and Crystal L. Edgington No.
12-1-00354-1 DOB 10-01-1983
I would like to request complete copies of those reports and I will
be happy to pay for any and all of those copies.
Apparently they completed their Thurston County 30 day jail
sentences in Aug. and Sept. 2012, so I am assuming the 6 month
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CONFIDENTIAL
reports arrived to you around March, 2013.
Requestor:
File No.: PRR-2014-00336
Assigned To: LD
PRR Received:
08/21/14
Initial Response:
08/28/14
Final Response:
PRR Received:
08/22/14
Initial Response:
08/28/14
Final Response:
I just read a Kitsap herald article that quoted a SVP Div
71.09) ATG stating there had been 14 commitment trials and
3 were hung, juries, 9 committed, etc
If there is a readout maintained I’d like it, please. And the
next two weeks readouts, trials
Next two weeks readout
Requestor:
Boyd M. Mayo (4)
File No.: PRR-2014-00338
Assigned To: SG
PRR Received:
08/22/14
Initial Response:
08/29/14
Final Response:
08/29/14
All documents, including complaints, associated with the following
companies: First American Tax Defense ,LLC or Broadsword
Student Advantage, LLC
Requestor: Dana Scioli (2)
File No.: PRR-2014-00339
Assigned To: LD
PRR Received:
08/22/14
Initial Response:
08/28/14
Final Response:
PRR Received:
08/25/14
Initial Response:
Final Response:
Please send me per your policy all e-mails regarding me and
any other agency about me.
Scott (36)
File No.: PRR-2014-00337
Assigned To: LD
Scott (37)
File No.: PRR-2014-00340
Assigned To: LD
[2b]
1. In the emails by Williamson you just sent; RRS27 -00017,
PRR-2014-00272 the sender stated keep that
"information in confidence". I want that information
please.
2. On page 00007 it makes reference to a "Surreal Hunter".
I need any further emails to Surreal or CC her/him in
May, June or July 2014.
Requestor: Douglas B. Spink
File No.: PRR-2014-00341
Assigned To: LD
PRR Received:
08/25/14
Initial Response:
Final Response:
3. Lastly any July/August to date emails by Williamson
ATG referencing Turay.
Comes today this request for production of public documents
pursuant to RCW 42.56 et seq ., the Public Records Act
(hereinafter: PRA). The documents requested under the PRA
meet the following description:
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CONFIDENTIAL
1. Beginning 1 January 2007 and continuing through
the present date, any and all materials that contain
my name (Douglas B. Spink, D. Spink, D.B. Spink, or
any common variations thererof) or relate to,
describe, or are held as a result of interest in me
personally. Such materials shall include but not be
limited to: email.memoranda.print letters,
handwritten notes, IM chat logs, SMS messages, and
presentations.
2. Additionally, any & all materials containing any of
the words: bestiality, beastiality, zoophile, zoophilia,
Corinne Super, Corinne Super, United States
Probation, Exitpoint, Jenny Edwards, or Hope for
Horses.
Please note that, in the event exemption claims are to be
made, I ask that such claims be made on a document-bydocument basis - preferably via a Bates-numbered exemption
log - so that our office and outside counsel may examine
each individually and determine whether it can withstand
statutory scrutiny. We also ask that any claims of exemption
refer to specific statutory language, rather than broad-brush
categories or "glosses" of statutory sections. It has been our
experience, in handling hundreds of PRA requests within
Washington State in recent years, that broad claims of
exemption often fail to align with the actual statutory
language that is putatively being cited. We trust this can be
avoided, in the current PRA request.
We prefer that documents be delivered electronically, if
possible. Our dedicated inbound email box for such matters
is:
[email protected]. If, however, it is necessary to
provide some or all of the requested materials in printed
CH2-001112
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CONFIDENTIAL
Requestor: Rose Santos
File No.: PRR-2014-00342
Assigned To: KB
Requestor: John D. Palmer
File No.: PRR-2014-00343
Assigned To: LD
Requestor: David L. Dunn
File No.: PRR-2014-00344
Assigned To: KB
Requestor:
David L. Dunn (2)
File No.: PRR-2014-00345
Assigned To: KB
PRR Received:
08/25/14
Initial Response:
Final Response:
PRR Received:
08/26/14
Initial Response:
Final Response:
PRR Received:
08/27/14
Initial Response:
Final Response:
PRR Received:
08/28/14
Initial Response:
Final Response:
form, please let me know what the volume of materials is and
we will arrange for suitable expense reimbursement, if
necessary.
I hereby request a copy of the following documents identified
to AGOPSC011 / EDISCOVERY TOOL:
[2b]
1. The full contract documents with Exterro, Inc.
2. Bid tabulations or bid scoring sheets for the
submitted proposals
…information/guidelines regarding cultivation of marijuana
RE: Documents for the clemency review board
I forgot to ask for the judgement and sentences for both my
felon convictions. the cause number for the 2010 conviction
is as follows: 08-1-00497-6 sea
I…need the following documents as well as the cost for
retrieving the documents. The documents are as follows.
1) Original charging documents for my 1998 and my
2010 convictions in King County
2) 'The certificate or affidavit of probable cause in the
1998 and 2010 convictions.
3) All the police reports that were included in the
discovery
4) All the psychological evaluation reports pertaing to
the case
5) All pertaing medical records.
6) The plea agreement.
7) Statement of defendant on plea of guilty.
8) D.O.C. Pre-sentence report.
9) Sentencing memorandums by Prosecution and
defense.
10) A copy of the restraining/no contact order for both
causes that i should have records on.
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CONFIDENTIAL
11) Both cause numbers.
Requestor:
File No.: PRR-2014-00346
Assigned To:
Requestor:
File No.: PRR-2014-00347
Assigned To:
Requestor:
File No.: PRR-2014-00348
Assigned To:
Requestor:
File No.: PRR-2014-00349
Assigned To:
Requestor:
File No.: PRR-2014-00350
Assigned To:
PRR Received:
Initial Response:
Final Response:
PRR Received:
Initial Response:
Final Response:
PRR Received:
Initial Response:
Final Response:
PRR Received:
Initial Response:
Final Response:
PRR Received:
Initial Response:
Final Response:
Ack due:
Ack due:
Ack due:
Ack due:
Ack due:
Abeyance
Subpoena Duces Tecums Responded
SDT
PRR YTD:
PRR:
345
317Closed YTD (this number includes 2013 backlog closed in ‘14)
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Bob Ferguson
ATTORNEY GENERAL OF WASHINGTON
Error! Not a valid result for table.
August 13, 2014
Christopher J. Hupy
Via email: [email protected]
Re:
Public Records Request received August 6, 2014
File Number: PRR-2014-00309
Dear Mr. Hupy:
This letter is in response to your public records request, which was dated and received by our office
August 6, 2014. You requested the following:
…a current Organization Chart for the Attorney Generals office, please provide one that at least goes to the
level of Senior Deputy Solicitor General Jeffrey Even.
Attached to my email are the organizational charts responsive to your request. Please note that Jeff
Even’s working title is Deputy Solicitor General.
I will now consider your request closed. Please contact me at Office of the Attorney General, Public
Records and Constituent Services Unit, P.O. Box 40100, Olympia, WA 98504-0100, if you have any
questions. Thank you.
Sincerely,
JESSICA L. STILLWELL
Assistant Public Records Officer
/jls
CH2-001115
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ATTORNEY GENERAL OF WASHINGTON
Public Disclosure Request
Closing Information
PRR #
2014-00309
Assigned to:
M#
10640769
Jessica Stillwell
Requested by:
Christopher J. Hupy
provided electronically; provided information
Date Received:
8/06/14
Number of Business Days to Acknowledge:
5
Number of Business Days to Receive:
0
Date Closed:
8/13/14
Business Days to Produce:
5
Business Days for Deputy Review:
0
Number of Pages Reviewed:
2
Number of Pages Produced:
2
Number of Pages Taken:
2
Date Money Received:
Amount of Money Received:
---0
LEVEL OF COMPLEXITY: __1 __
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Attorney General of Washington
Constituent Correspondence Tracking Notebook Report
Correspondence #: 225271
Date Received: 6/28/2011
Subject: Complaint of Misconduct. CC'd to
our office.
Players (2)
Name
Hupy, Christopher J. -(Public) Marlow, Scott A -(AGO Attorney) -
Type: E-mail
Closed Date: 6/29/2011
Relationship
Sender
Responder
Comments/Special Instructions (1)
Comment
Per CRJ AAG Scott Marlow, we are only cc'd, and in addition, the constituent
has a PRA issue with King County. We will not be sending a response letter.
Comment Date
Wed 6/29/2011
Report complete. Number of main records listed: 1
Report run on 11/20/2014
1
By: [email protected]
CH2-001122
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From:
To:
Date:
Subject:
Attachments:
Comfort, Cam (ATG)
Smith, Harold (DOR)
7/22/2014 8:37:14 AM
FW: The Scheidler Syndrome
Tort-Claim-against-WA-signed.pdf
From: Mosner, Zachary (ATG)
Sent: Tuesday, July 22, 2014 9:20 AM
To: Nicefaro, Michael (ATG); Abel, Steven (ATG); Comfort, Cam (ATG); Radin, Daniel (ATG)
Subject: The Scheidler Syndrome
At least I was not directly named…yet…nor was Cam…yet….
CH2-001123
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Appendix A
General allegations common to each claimant
Section 16, of Standard Tort Claim Form.
June 24, 2014
Risk Management
1500 Jefferson Street E
PO Box 42445
Olympia, WA 98504-2445
[email protected]
WA State Attorney General
1125 Washington Street SE
PO Box 40100
Governor
Office of the Governor
PO Box 40002
Federal Bureau of Investigation
1110 3rd Avenue
Seattle, WA 98101-2904
Department of Justice
United States Attorney's Office
700 Stewart Street, Suite 5220
To each and every one of you,
1.
We, the undersigned, make this Class Complaint and for Damages against
the State of Washington.
2.
Washington State established the Washington State Bar, See RCW 2.48,
for the purpose of regulating the practice of law, lawyer discipline and
lawyer conduct for the protection of and to maintain individual rights. See
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Appendix A
Rules of Professional Conduct, See Admission and Practice rules, See
Rules for Enforcement of Lawyer Conduct, See RCW 18.130.180(1 and
7).
3.
The Washington State Bar, and thereby, Washington State, is in breach of
their duty to protect and maintain individual rights by turning a blind-eye
to lawyers misconduct, and injury has occurred, is occurring and will
continue to occur until the Washington State Bar performs the duty
intended by the people of this state through the laws passed.
4.
Washington State established the Commission on Judicial Conduct, see
Article 4, sect 32 and RCW 2.64, for the purpose of regulating judges
through discipline or removal for the protection of and to maintain
individual rights.
5.
The Commission on Judicial Conduct, and thereby, Washington State, is in
breach of their duty to protect and maintain individual rights by turning a
blind-eye to judicial misconduct and injury has occurred, is occurring and
will continue to occur until the Commission on Judicial Conduct performs
the duty intended by the people of this state through the laws passed.
6.
To say it another way, the Washington State Bar (Bar or WSBA) solicits
complaints against lawyers from those injured (grievant) through their web
site or via mail. The Bar instructs the grievant to explain, ‘in their own
words’, the nature of their complaint. The Bar receives thousands of
complaints every year from citizens who have been injured by a lawyer
and law firms. The Bar dismisses nearly all complaints without an
investigation or without conducting follow-up interviews with the grievant
before the grievance is dismissed. There are NO appeal rights beyond the
WA State Bar. As a consequence neither the individual nor the public is
served by this breach in duty by the ‘routine dismissals’ against lawyers
who violate the law and/or their ethical obligations leaving no further
review or remedy available.
7.
The power of the legislature to hold responsible those members of the
judicial branch ultimately responsible for this breach of duty by the WSBA
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Appendix A
is the only deterrent remaining. However the legislature has declined to
exercise their power to “check” the corruption within the judicial branch.
8.
The typical allegations made by grievants against lawyers and routinely
dismissed by the Bar are as follows.
9.
FACTS: Re the WSBA
a) The complaints filed with the Bar allege violations of law –perjury,
false reporting, fraud, deceit, theft and other serious offenses and/or
failure to abide by their statutory oath, communicate honestly, keep
records, turnover files and for other ethical violations.
b) Complaints allege lawyers ‘fan the flames’ in bitter disputes
between spouses, children and parents, heirs and executor(trix), so as to
drive up the cost inherent in such disputes to a point where everything of
value ends with the lawyers including children and the elderly.
c) Complaints allege lawyers work behind the scenes with judges,
government agencies and even with opposing parties so as ‘tactically’
strip individuals of their assets, their children, their disabled parents to
prolong litigation, increase costs, or ‘sell out’ their client in order to
satisfy the greed and power of the legal enterprise.
d) Complaints allege members of the WSBA aid and abet in covering
up each other’s violations of law and rules.
e) Complaints allege prosecutors hide or tamper with evidence,
suborn perjury, engage in unlawful ex-parte communication with judges.
f)
Complaints allege disbarred lawyers continue to practice law.
10. At best the ‘investigating official’ usually instructs the grievant that
“should there be a judicial finding of impropriety the grievance may be
reopened.” Thus the Bar leaves it to the individual the burden of
‘regulating the profession’ in seeking a judicial finding of impropriety.
11. The Washington State Commission on Judicial Conduct (CJC) instructs
individuals through their web site how to submit grievances against a
judge, which must be done or via mail or fax. The Commission on Judicial
Conduct (CJC) receives hundreds of complaints every year from citizens
who have been injured by a judge or justice or another entity within the
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Appendix A
judicial branch. The CJC dismisses nearly all complaints without an
investigation or without conducting follow-up interviews with the grievant
before the grievance is dismissed. There are NO appeal rights beyond the
CJC. As a consequence neither the individual nor the public is served by
this lack of duty in the ‘routine dismissals’ against judges who violate the
law and/or their ethical obligations leaving no further review.
12. The power of the legislature to hold responsible those members of the
judicial branch ultimately responsible for this breach of duty by the CJC is
the only deterrent remaining. However the legislature has declined to
exercise their power to “check” the corruption within the judicial branch.
13. FACTS: Re the Commission on Judicial Conduct:
a) The complaints filed with the CJC allege violations of law –
perjury, false reporting, fraud, theft, collusion, bribery, and other serious
offenses that obstruct and deny justice.
b) Complaints note judges refuse to disqualify themselves under law,
RCW 2.28.030, or due to prejudice under RCW 4.12.040
c) Complaints mirror those noted in 9 above.
d) The CJC dismisses nearly all complaints without an investigation,
or fail to assign an investigator so the complaint ‘dies on the vine’.
14. The affidavits by those individuals who have been harmed by the unlawful
and unethical conduct by lawyers and by lawyers who serve as judges,
which they attach to their individual Claim illustrate the extent of harm
that has occurred, is occurring and will continue to occur unless these
‘regulatory’ agencies, the WSBA and the CJC, are made to function as the
law intends; or the legislature exercises their constitutional obligations to
rescue victims from the failures of the judicial branch and “check” the
corruption by employing their constitutional power.
15. The unacceptable culture within the WSBA and CJC is a consequence of
decades of moral and ethical inbreeding – violation of the separation of
powers doctrine, in WA State Bar members occupy both judicial office and
legislative office, no citizen oversight or fair and speedy grievance
procedures, claims of immunity by members of the WSBA, and no
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Appendix A
oversight by the WA legislature – clearly a consequence in the legislature
being occupied by WA State Bar Members who serve the Judicial Branch.
16. The legislature fails to protect and maintain individual rights by forsaking
their power to remove corrupt judges or those who fail to prosecute corrupt
judges under ARTICLE IV, THE JUDICIARY, SECTION 9 REMOVAL
OF JUDGES, ATTORNEY GENERAL, ETC.
Any judge of any court of record, the attorney general, or any
prosecuting attorney may be removed from office by joint resolution of
the legislature, in which three-fourths of the members elected to each
house shall concur, for incompetency, corruption, malfeasance, or
delinquency in office, or other sufficient cause stated in such resolution.
But no removal shall be made unless the officer complained of shall
have been served with a copy of the charges against him as the ground
of removal, and shall have an opportunity of being heard in his defense.
Such resolution shall be entered at length on the journal of both houses
and on the question of removal the ayes and nays shall also be entered
on the journal.
17. Or the legislature fails to Impeach those Supreme Court Justices who are
ultimately responsible for the administration and functioning of the WSBA
and CJC. The legislature’s power of impeachment is provided by
ARTICLE V IMPEACHMENT
SECTION 1 IMPEACHMENT - POWER OF AND PROCEDURE. The
house of representatives shall have the sole power of impeachment. The
concurrence of a majority of all the members shall be necessary to an
impeachment. All impeachments shall be tried by the senate, and, when
sitting for that purpose, the senators shall be upon oath or affirmation to
do justice according to law and evidence. When the governor or
lieutenant governor is on trial, the chief justice of the supreme court
shall preside. No person shall be convicted without a concurrence of
two-thirds of the senators elected.
SECTION 2 OFFICERS LIABLE TO. The governor and other state and
judicial officers, except judges and justices of courts not of record, shall
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be liable to impeachment for high crimes or misdemeanors, or
malfeasance in office, but judgment in such cases shall extend only to
removal from office and disqualification to hold any office of honor,
trust or profit, in the state. The party, whether convicted or acquitted,
shall, nevertheless, be liable to prosecution, trial, judgment and
punishment according to law.
SECTION 3 REMOVAL FROM OFFICE. All officers not liable to
impeachment shall be subject to removal for misconduct or malfeasance
in office, in such manner as may be provided by law.
18. Because the “judicial branch” interprets the laws, sets their own rules,
determines who gets immunity under law – either statute or common -who can file charges against whom, and so on, individuals have lost their
right of petition, right to bring an information against officials, right to a
jury, and lost their inherent and retained powers. Said another way, the
people of WA State lost control over the governments that serve them.
The “judicial branch” is constantly eroding the peoples’ rights and
protections and this conduct that is repugnant to a civilized society
mandates the legislature become increasingly vigilant – hyper vigilant, in
how the judicial branch exercises their power in its effort to control our
society.
19. Because of the legislatures blind-eye towards the loss of individual rights
and protections harm has been inflicted upon the undersigned by a judicial
branch out-of-control and uncheck by the legislature.
Signature of concurring claimants. [Note exceptions by paragraph number]
I ______________________ concur [Exceptions: none]
William Scheidler
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Appendix A
I_______________________ concur [Exceptions:
John Worthington
Cameo Massey
Bruce Gambill
Christopher Hupy
Ron Estes
Kyla Estes
Andrea Jackson
Dina Keller
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Appendix A
Anne Block
Robert Grundstein
Claudia Donnelly
Sharon Carter
Luis Ewing
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Appendix B
Affidavit of William Scheidler in support of his allegations and claims.
[Addendum to Section 16, Standard Tort Claim Form]
1
2
Affidavit of William Scheidler
3
4
5
I, William Scheidler, make this declaration based upon my knowledge, personal experience and
beliefs.
6
7
8
Circa 1998, Scott Ellerby, an attorney with the firm Mills, Meyers, Swartling, agreed with me
that the Kitsap County Assessor was defrauding retired/disabled citizens from their rightful –
constitutional – property tax reduction.
9
10
11
On the very eve of a formal hearing before an Administrative Board, Ellerby contacted me
telling me, after more than 6-months and after more than $2000 in fees paid, he now had to
withdraw from my case due to conflict of interest.
12
13
I eventually learned fees paid to an attorney when the attorney withdraws due to a ‘conflict of
interest’ should be returned.
14
15
16
17
I contacted Ellerby and asked that he refund the fees paid. He refused and justified his refusal on
a NEW excuse and not that his withdrawal was due to a conflict reason. Ellerby’s NEW excuse
claims he is entitled to keep the fees he was paid because I and my wife, Mary, asked him to
withdraw because we didn’t want to pay for his services any longer.
18
19
20
I filed a grievance, # 08-01646, with the WSBA and provided letters, emails and court
documents that proved the lie. The grievance was dismissed claiming a lack of ‘evidence’ but if
there was a “judicial finding of impropriety” the grievance would be reopened.
21
22
23
24
I filed a lawsuit in Kitsap Superior Court # 09-2-00660-3. In filing the lawsuit I learned that an
“ethical violation” could not sustain such a suit, so I based the lawsuit upon violations of law and
common law doctrines such as ‘fraud.’ Exhibits 1 and 2 and Exhibits A that were attached to the
complaint are evidence of fraud in bring about a breach of promise.
25
26
27
28
29
Ellerby was represented by Jeffrey Downer of the firm Lee Smart. Downer, after filing for a jury
trial, over the course of 1 year engaged in discovery and depositions and records subpoenas.
Downer intended to obtain under subpoena, health records that are protected by law, RCW
5.60.060(9), to which I objected. Downer ignored the objection and I was forced to seek a
protective order.
30
31
32
Judge Hartman determined that my “objection” was improper under the courts rule 24 and
sanctioned me over $3000 for bringing the motion for protective order. Downer said the judge
should ignore the law, RCW 5.60.060(9), so Judge Hartman never addressed the law RCW
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Appendix B
33
34
5.60.060(9), but rather improperly applied RCW 5.60.060(4), which has nothing to do with the
records being subpoenaed.
35
36
I filed grievances against Downer with the WSBA for his fraud upon the court. The grievances
were dismissed.
37
38
39
40
The case against Ellerby continued for about a year. Right before the scheduled jury trial
Downer motioned for summary judgment claiming the case has no merit as it is barred by the
statute of limitations and should never have been filed. Downer sought over $132,000 for having
to defend a case that never should have been filed.
41
42
43
In my response to Downer’s claims I noted that the WA State Bar indicated that my grievance
against Ellerby would be reopened upon a “judicial finding of impropriety”. That Ellerby waives
such a defense.
44
45
46
I also responded that the elements of fraud, specifically the statute of limitations, as alleged in
my complaint, must be determined as a matter of fact and for a jury and therefore NOT
susceptible to the ‘statute of limitation defense’.
47
48
49
Judge Hartman ignored all that I argued and found my case was barred by the statute of
limitations and awarded Downer the over $132,000 he demanded under the frivolous claims
statute RCW 4.56.
50
51
52
I appealed Judge Hartman’s ruling to the Court of Appeals II, #42591-2-II. In the pleadings I
again noted the WSBA’s delegation of “findings of impropriety” to a judicial process and the
common law doctrine that pertain to the statute of limitations upon a fraud as a task for a jury.
53
54
I also raised the violation of privacy matter in the unlawful way in which Downer and Judge
Hartman ignored RCW 5.60.060(9). See Appellant’s opening Br. Pages 44-48
55
56
Justice Joel Penoyar authored the opinion for the Court and ignored all my arguments and in fact
falsely claimed that I argued “privacy based in the old statute RCW 5.60.060(4).”
57
58
59
60
61
62
63
The COA II reversed Judge Hartman’s imposition of sanctions in total as “manifestly
unreasonable”. The Court affirmed the complete dismissal of my case against Ellerby. Further
the Court remanded for “reasonable” attorney fees based in bringing the case promptly to
summary judgment. No adverse rulings were levied against Downer for his misconduct that
caused a year of litigation, the imposition of “manifestly unreasonable” sanctions of $132,000 or
violations of privacy by colluding with Judge Hartman in ignoring the very law that deals with
“protected health information.”
64
65
I filed a grievance with the Commission on Judicial Conduct against Justice Joel Penoyar for
perjuring my privacy argument. The grievance was dismissed.
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Appendix B
66
67
68
69
70
The case went back to Kitsap Superior Court for “reasonable attorney fees” based upon bringing
the case promptly to summary judgment. A successor judge, Kevin Hull, who never before sat
for any matter on this case, and despite my objection that he refused to ‘disqualify himself by
law, RCW 2.28.030, nevertheless re-awarded Downer attorney fees over $88,000, for his time
and effort spanning over a year!
71
72
73
74
A grievance was filed with the CJC on the grounds that Judge Kevin Hull is “disqualified” under
law, RCW 2.28.030, in that he NEVER sat on this case and could not possibly have all the
information to support a sanction of $88,000 or justify it as “reasonable” if the COA II ruled that
fees must be based upon moving quickly to summary judgment. The grievance was dismissed.
75
76
The case re judge Hull’s fee award of $88,000 is now back in appeal. And as before misconduct
is occurring there again that will cause other grievances to be filed.
77
78
79
80
81
82
83
84
With respect to Kitsap County’s Fraud designed to oppress retired and disabled citizens, I
contacted dozens of lawyers to prosecute the County’s fraud since Ellerby abandoned the case.
While those who took the time to hear all the facts agreed with me that the County was likely
defrauding the retired and disabled, none would take the case. One of these lawyers who
declined taking the case is, David Jurca, who said to me that the ‘politics is the problem, not
whether the case had merit.’ I filed a grievance against David Jurca for his blatant statement that
all state officials, including judges, would disregard the law for political reasons and stept away
from the oppression of retired/disabled citizens by the fraud. The grievance was dismissed.
85
86
87
88
I filed grievances against those lawyers who recognized the County’s fraud, yet claimed it was
an “un-winnable” case based upon “political reasons”. My grievance noted that, by law, a
lawyer shall never reject the cause of the oppressed. Yet they all “rejected” the cause despite the
oppression of the retired and disabled.
89
90
91
92
The Bar dismissed every grievance despite the clear mandate found in RCW 2.48.210 and
Admission to Practice Rule 5, which states at (d)(8). “I will never reject, from any consideration
personal to myself, the cause of the defenseless or oppressed, or delay unjustly the cause of any
person.”
93
94
The Bar, in each letter of dismissal, noted that “upon a judicial finding of impropriety the
grievance may be reopened.”
95
96
97
98
99
100
Circa 2014, the utter corruption within the judicial branch in the way lawyers and judges hide
their unlawful conduct by the most despicable tactics that no reasonable person would approve
of, I filed a lawsuit against Felice Congalton, WA State Bar, and against J. Reiko Callner,
Commission on Judicial Conduct, under my right of action codified by RCW 7.56. I also noted
that all WSBA members who serve as judges must disqualify themselves under RCW 2.28.030.
Immediately counsel for the WSBA, Kristen Schimpff and counsel for the CJC, Mary Tennyson,
CH2-001137
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Appendix C
List of Offers of Proof
Section 19 of Tort Claim Form
The evidence supporting Claimant Scheidler’s allegations all occurred within
official proceedings and are a matter of official record, and those records are noted
below as offers of proof.
Kitsap County Superior Court case numbers
1.
2.
3.
4.
5.
08-2-02882-0
09-2-00660-3
12-2-02161-1
14-2-00042-3
14-2-00474-7
Court of Appeals II case numbers:
1.
2.
3.
4.
387816
397498
425912
454351
WA Supreme Court case numbers:
1.
2.
3.
4.
5.
6.
848149
848971
857164
876592
879672
902887
US District Court, Western Washington case number
1. 3:2012cv05996
Ninth Circuit Court of Appeals case number
1. 13-35119
CH2-001139
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Appendix C
List of Offers of Proof
Section 19 of Tort Claim Form
Grievances filed with the WA State Bar
12-00015, 12-00018, 12-00037, 12-00038, 12-00039, 12-00045, 12-00101
12-00102, 12-00151, 12-00258, 12-00259, 12-00264, 12-00280, 12-00285
12-00286, 12-00287, 12-00288, 12-00290, 12-00455, 12-00493, 12-00533
12-00536, 12-00650, 12-00698, 12-00721, 13-00546, 13-02125, 13-02309
14-00061, 14-00096, 14-00713
Grievances filed with the WA State Commission on Judicial Conduct
7186, 7584, 7410, 7457, 7467. Note other grievances are anticipated to be filed
and additions to this list updated.
CH2-001140
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Appendix D
Addendum to Section 13 of Tort Claim Form: Names, addresses and
telephone numbers of all persons involved in or witness to this incident
WA State Bar Members:
c/o Lee Smart P.S., Inc.
1800 One Convention Place
701 Pike Street
Seattle, Washington 98101
206.624.7990 Phone
877.624.7990 Toll Free
206.624.5944 Fax
Jeffrey Downer, WSBA # 12625, Allyson Ferguson, WSBA # 31246, and
Gauri Locker, WSBA # 39022. All Lawyers c/o Lee Smart, Inc.;
c/o State of Washington
Commission on Judicial Conduct
P.O. Box 1817
Olympia, WA 98507
FAX (360) 586 - 2918
Telephone (360) 753 - 4585
J. Reiko Calner, WSBA #16546, c/o CJC;
WA State Attorney General
1125 Washington Street SE
PO Box 40100
Phone (360) 753-6200
Mary M. Tennyson, WSBA #11197, Zachary Mosner, WSBA #9566, c/o
AGO;
WA State Court of Appeals, Division II
950 Broadway, Suite 300
Tacoma, WA 98402
253-593-2970
CH2-001141
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Appendix D
Justices Joel Penoyar, WSBA #6406, Justice Alexander, WSBA #unknown,
and Justice Jill Johanson WSBA #15649, of Division II Court of Appeals;
Washington State Bar Association
1325 Fourth Ave., Ste. 600
Toll-free: 800-945-WSBA (9722)
Local: 206-443-WSBA (9722)
Felice Congalton, WSBA #6412, Elizebeth Turner, WSBA #24165, Kirsten
Schimpff, WSBA #6406. All Lawyers c/o WSBA;
Mills Meyers Swartling P.S.
1000 Second Avenue
30th Floor
P: 206.382.1000
F: 206.386.7343
Scott Ellerby, WSBA #16277, Larry Mills, WSBA #6129, Lawyers c/o
Mills, Meyers, Swartling;
Kitsap Superior Court
614 Division Street, MS-24
Port Orchard WA 98366
360-337-7140
Judge Hartman, WSBA #7104, Judge Hull, WSBA #23994, Judge Harper,
WSBA #10742. c/o Kitsap County Superior Court;
Kitsap Prosecutors, Civil Division
CH2-001142
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Appendix D
614 Division Street,
Port Orchard WA 98366
(360) 337-4992
Alan Miles, WSBA #26961, Ione George, WSBA # 18236, Russell Hauge,
WSBA #13866, c/o Kitsap County Prosecutor
CH2-001143
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From:
To:
CC:
Date:
Subject:
Attachments:
Chavez, Vanessa (ATG)
ATG DL Public Records Unit
ATG FAB Conf. Rm. Manager
4/10/2014 1:29:30 PM
S & C Received in Seattle Re: Hupy vs State/ No case noted
Hupy1.pdf
Hupy2.pdf
Hello PRU,
Please let me know where to send these documents. :-)
Christopher J. Hupy v State/No case # noted on S&C/Summons; Complaint and Affidavit in Support of
/Thurston County Superior Court
Christopher J. Hupy v State/No case # noted on S&C/Summons; Complaint and Affidavit in Support of
/Thurston County Superior Court
Vanessa Chavez
Office of the Attorney General
800 5th Avenue, Suite 2000
Seattle WA 98104
206-464-7740
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12-09-14 AGO PRR Part 7 - Superior Court Judges Association

Transcription

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