Archive for Judicial Personal Legal Filings

KCSC Judge James Doerty Lawsuit

In our legal system there is a doctrine called the Appearance of Fairness, it is spelled out in statute several places and Judicial Cannons require it. but it is by implication included in every single one, it is fundamental in application. Case law on this can be found in the 1972 case of State v. Madry, in which the following decision was offered by the Washington Supreme Court:

“—at 70: The appearance of bias or prejudice can be as damaging to public confidence in the administration of justice as would be the actual presence of bias or prejudice”

“Next in importance to rendering a righteous judgment, is that it be accomplished in such a manner that no reasonable question as to impartiality or fairness can be raised”

So in following this doctrine (or NOT), Judge Jim Doerty filed a lawsuit in and through his legal counsel (Mark Leemon 12-25-12 WBAR Lawyer Directory Mark Leemon and Craig Vernon 12-25-12 WBAR Lawyer Directory Craig Vernon) in King County Superior Court, cause number 12-2-25288-2 SEA 12-25-12 KCSC Doerty Docket. The case has been assigned by Presiding Judge Richard McDermott to be ruled on by Judge Julie Spector.

9-04-12 KCSC Complaint Exhibit A

9-04-12 KCSC Exhibit B

9-04-12 Exhibit C

9-04-12 Defendants Notice of Removal

9-05-12 Letter from US District Court Clerk

9-11-12 Defendants Anwser to Complaint

9-12-12 US District Court Cover Page

 

To illustrate this defect an examination of the hierarchy at KCSC:

12-25-12 KCSC McDermott Employee Detail

12-25-12 KCSC Inveen Employee Detail

12-25-12 KCSC Doerty Employee Detail

12-25-12 KCSC Spector Employee Detail

Judge Dick McDermott is the Chief Presiding Judge and according to the employee detail he is the only Judge in King County who reports to the People who elected them, Judge Laura Inveen Chief Civil Judge reports to Dick, Judge James Doerty reports to Dick, Judge Julie Spector also reports to Dick.

One big happy family down there and clearly the defendants in this action stand little chance at equal protection under the law.

Judge Doerty had options as the documents indicate, he could have simply filed this action in Federal Court (about three blocks from the King County Courthouse) he could have filed it in Snohomish County or Pierce County as the Court Rules allow, but he didn’t he used his position of authority to send a clear message to the defendants “pay up because me and my friends will take care of this case”. Threats and Intimidation, sounds like the Doerty I know.

Now moving off the massive procedural defects present we examine the substance of Doerty’s lawsuit; He was so physically and mentally damaged he feels entitled to some (large) financial settlement, he states he was on constant medication (assuming pain relief medication like OxyContin – Street name Oxy or OC which is best described as synthetic Heroin) for the pain, Found it hard to function at his Job (he still ruled on years and years worth of cases) many Seattle Lawyers I have spoke to about Doerty call him “unpredictable at best” even stating “He is the most overturned Judge in the State at the Court of Appeals”.

So we have a sitting Judge admittedly on constant drugs, perpetual pain to the degree he found it hard to function at his job, and suffering from ongoing and serious emotional damage.

I have first hand experience with Doerty and not as a litigant as he has never ruled on any case which I was a party, if I were to describe him I would say out of control, biased and unaware of his professional responsibilities, criminal, totally devoid of any personal acceptance of accountability, just an angry man.

The good news is that Doerty is set to retire from the bench within the next couple weeks, the bad is that he will do so getting a full judicial retirement salary.

Another example why the Judiciary should not be self governing nor self policing.

Welcome to the SCJA

The SCJA is short for Superior Court Judges Association a Washington State licensed business, we are in no way affiliated with or a agency of the State of Washington, we provide fee based and no fee based Judicial accountability consulting, but here all you will find is plenty of free citizen focused resources all designed to enlighten the average person concerning the activities of our Judiciary.

Given the requirement we the people have for information about what our government is doing and how it conducts the business of the people this resource is born. The foundation of our republic is based on the principle that our government is for the people, of the people, and beholden to the people who created it not the other way around.

The last couple decades have brought enormous change to one branch of our government that has gone mostly unnoticed and has largely escaped public scrutiny, the Judiciary. Formation of many sub-groups from the “Board of Judicial Administration” (BJA), the “Administrative Office of the Courts” (AOC), to the re-animation of long since dormant associations (District, Municipal Court Judges), and “The Association of the Superior Court Judges of the State of Washington“.

The most powerful tool available to the average citizen is knowledge, simply put one cannot control abuse of power if that abuse is shielded from inspection, what information posted here should be considered bread crumbs because the Supreme Court in our state has decided, under the color of law, that they are somehow immune and exempt from the single most powerful tool created in the last 50 years by the people- The Washington State Public Records Act (codified as RCW Title 42.56).

RCW 42.56.030 The people of this state do not yield their sovereignty to the agencies that serve them. The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may maintain control over the instruments that they have created. This chapter shall be liberally construed and its exemptions narrowly construed to promote this public policy and to assure that the public interest will be fully protected. In the event of conflict between the provisions of this chapter and any other act, the provisions of this chapter shall govern.

Nothing contained on this website nor any comments are intended to be legal advise and should not be confused for such, the legal arena is a complex and often confusing place, will a lawyer help you or become part of the problem for your specific case I can’t answer that question. Knowledge is power and if you have to interact with the legal system learn everything you can, it is cheaper online than in front of a black robe. If you need legal help for your case please seek those professionals, usually a phone number for one can be found on the back of most transit buses.

Many mistakenly believe our Justice system is Adversarial in design and construction between only the litigating  parties, do not fool yourself because everyone in the Courtroom is your adversary and deserves to be treated as such, including all Judicial Officers present.

Protection of your rights is your responsibility, never forget. No Judge or Lawyer should ever be relied on to protect you and your family from abuse or deprivation of rights, question this statement- just ask any father who has been through the Family Law system in our State.

Whether your visit here today is based on being thrown into a unfamiliar and frightening family law courtroom, a legal researcher, a member of the Judiciary, or simply have a passing interest in our Judicial branch of government please accept my warm and sincere welcome and comments are always appreciated.

 

 

Chris Hupy, Principal
Superior Court Judges Association