Archive for Accountability

Hupy v. Jacqueline Jeske

On September 12th, 2011 Seattle Lawyer Karma Zaike brought forth a petition for a Civil Domestic Violence Protection Order on behalf of her client Saiyin Phasavath in cause number 04-3-00375-3 SEA, normal business at KCSC, almost.

The problem on this petition is that her client Phasavath was facing a Domestic Violence Assault Charge for chocking her 14 year old son and Zaike would shortly become the subject of a criminal investigation for witness tampering by the Renton Police Department.

The petition was presented to KCSC Commissioner Carlos Velategui who denied the motion

9-12-11 DVPO Denial ExParte Signed Vealtegui

9-12-11 Phasavath DVPO ExParte Denial

 

Zaike then went “forum shopping” she left the 6th floor of the KCSC Courthouse and went down to the 2nd floor and was able to note this motion for a second time on the family law calendar in front of Commissioner Jackie Jeske.

By any stretch of the imagination this action could only be described as a revision the petitions were identical, no declaration as why the same motion should be reconsidered (even though this would no have been appropriate as a Commissioner has no power of review/revision).

The real problem for me is that I was included as a restrained party in this civil Domestic Violence Protection Order, a action I have never been Joined into.

 

10-3-11 Complaint Exhibits

10-06-11 Amended Admissions

10-06-11 Amended Complaint

10-06-11 Amended Summons

10-10-11 KCSO Return of Service KCPAO

10-24-11 Certificate of Service[1]

10-24-11 Demand for Plaintiff to File[1]

ammended return dated 10-13-11[1]

What do Washingtonians think of their Courts?

Released in 2009 by Washington State University “Public Attitudes Regarding the Selection of Judges in Washington State” this is a great read document. I always appreciate others opinions of the Judiciary, mine has become fact based over the last few years but I still look for opposing views in hopes I am wrong.

1-2009 WSU Judicial Approval Study

While there is plenty of Glass half full insights from likely Lawyers or Law Students, the statistics are revealing the public feels there is lots of room for improvement.

 

For example on page 21-

“It is clear from the results set forth in Table 14 that registered voters in Washington tend to view their judges favorably. Washingtonians tend to believe that their judges are somewhat accountable to the public, they are fair and impartial in their judgments, they can be relied upon to be honest and trustworthy, and they get high marks for being qualified to serve. With respect to negative traits, there is limited sentiment that special interests exercise undue influence and that justice can be bought. However, among the negative traits, the criticism that Washington’s courts are overly “political” tends to strike a chord with Washington’s registered voters. As noted above, a common theme identified in the comments recorded on the current system of nonpartisan elections related to the “excessive political influence” present in the timing of resignations from the bench and the making of interim appointments.”

 

Well I guess you could look at the percentages in the above light, or I offer this:

When asked if their Judges were qualified? 45% surveyed responded NO

When Asked if Their Judges were Honest and Trustworthy? 41% responded NO

When asked if they were Fair and Impartial? 42% responded NO

When asked if they were Accountable to the Public? 49% responded NO

Are your Judges Controlled by Special Interest? 22% said YES

Are your Judges “For Sale”? 16% said YES

Are your Judges “Political”? 41% Said YES

I know if I take the BAR exam and score a 65% I have failed, if a person only provides truthful responses on 59% of their IRS 1040 they will get audited and maybe prosecuted, and a quarter of the people think you are controlled by someone or some other group in your job performance, you get fired.

My take on this study is that the Registered Washington State Voters who participated gave the Judges a FAILING grade.

The topic of RETENTION VOTING for Judges seems popular, most people do not know what this is, simply on every election every Judge would face a YES or NO vote regardless of a opponent “SHOULD THIS PERSON REMAIN BEING A JUDGE? YES OR NO.” I am a huge supporter of this, this would allow the people to clean house on some bad apples or bad orchards.

At a recent meeting Supreme Court Justice Susan Owens inquired (pleasantly and certainly no offence meant or taken) as to why I attend Judicial meetings or if I was looking for evidence of the evil empire, at the time I really did not have a substantive answer, having mulled it over I conclude the reason I attend such meetings is not to look for BAD Behavior from Judges it is to look for evidence of GOOD behavior because I have plenty of fact based material covering the abuse of office, misconduct under the color of law, and all around out of control actions of Judges from the Superior Court to the highest Supreme Court Judicial Officers.

I already know the BAD Justice Owens I am looking for the Good, still looking however.

 

 

Helpful Links-

Here is a list of websites I use almost everyday, pro se litigants should take note of all of these you will need them-

Google Scholar -Research Case Law, try searching by RCW number or specific phrase “elder abuse” “Domestic Violence” “Protection Order” etc. Not as good as West Law or a paid service but it is free.

Washington State Constitution – Old but relevant, remember that when considering a appeal of a Superior Court ruling the COA has discretion and is not required to hear a case involving only Statutory (RCW) violations, but as with the Supreme Court Constitutional Violation reviews are mandatory.

RCW Specifically Title 26 Domestic Relations, Title 42.56 Public Records Act, Title 2 Courts and the Judiciary, Title 42.20 Misconduct of Public Officers.

Washington Courts – Specifically the Docket search function, on the left side of the page click “Search Case Records” on the next page click “Name Search” I find the case number search function to be hit or miss. Court Rules section is a must use for anyone who is in Court, if you don’t know the rules life can be hard. Generally the CR (Civil Rules) rules for Superior Court will be the one you need to know and to a lesser degree for everyday Courtroom visits the GR (General Rules) apply.

WBAR Lawyer Directory Look up your favorite lawyer, get business address, contact information, email address, also can be used to look up Judges and often the Judges Bailiff is a BAR member. Always a good idea if you are talking to some State or Local employee to check and see if they are a lawyer.

RPCRules of Professional Conduct, these are the rules which govern the conduct of lawyers. If you deal with a lawyer either as a client or face opposing counsel in Court matter you need to know these rules well, can’t hold any professional accountable if you do not know the rules. 

CJC – Think your Judge violated a Judicial Cannon or two these are the people who you need to report it to. Once you report the complaint there likely will be no more information from them as there is confidentiality built in for the Judges and CJC is immune from the PRA. That being said if you file your initial CJC correspondence (Complaint) on your family law case it is always in a handy place to reference it.

Judicial Cannons – These are the only rules of conduct a Judge must adhere to, and to answer the question “My Judge made a shit ruling can I file a complaint against him?” you can but it is a waste of time, bad rulings are just that and you would need to seek redress from a higher court. A good CJC complaint is a clear violation of a Cannon so you need to know what they are, read them.

DOH – Department of Health Provider Credential Search, it seems like the Family Law Commissioners and Judges have a overactive desire to Order specific personal health care services, DVTP for example is Mental Health Psychotherapy it is Health Care and it is governed by HIPPA. Make sure your provider is licensed by DOH, many GAL’s and Parenting Plan Evaluators are not licensed, if they are not regulated then they cannot make mistakes, insist on at a minimum of a DOH license and a PhD level is highly preferred.

RCW Title 18 – This is the section that covers Health Care providers and/or misconduct. Several sections RCW 18.19 covers counselors, RCW 18.120 covers regulation, RCW 18.122 Uniform Administrative Provisions (this is the nuts and bolts of how your provider can appeal any complaint findings), RCW 18.130 this is the one you should pay close attention to because this spells out what actionable health care provider misconduct is. A complaint saying “My Health care provider is a hack..” is not is a non starter, but “my DVPT provider subjected me to Mental Health Psychotherapy without a diagnosis I suffer from a medical condition which would benefit from said treatment regimen” has teeth under Standard of Care and Ineffective and Unnecessary Treatment. Remember DV Perpetrator is not recognized by the DSM IV as a “condition” as such no legitimate cure exists.

RCW Title 19.86 – Unfair Business Practices – Consumer Protection Act, the CPA does subject Health care worker and Social Workers as long as they are licensed by the DOH, RCW 18.320.020 spells it out. Another great reason to demand any and all so called “professionals” Court Ordered onto your case be properly qualified and licensed. Demand it as a minimum settle for nothing less, you and your family deserve it.

Washington State Court Pattern Forms If you are still running on the Hamster Wheel and litigating your case the Courts generally require the use of their specific forms, all (or most all) required forms are listed at the AOC in a downloadable format so you can populate the form on your computer.

WAC 388-60 – The only rules which apply to Domestic Violence Perpetrator Treatment Programs, weak and unenforced by the DSHS. DSHS DVPT program Manager is Maureen Kelly her emails are maureen.kelly@dshs.wa.gov and kelm300@dshs.wa.gov, her phone number is 360-902-7901 she rarely answers her phone so expect to leave a message. DSHS devotes 1/2 of one employee per month to the management of the DVPT programs. She is under supported, under qualified, and generally a worthless resource but I do not want to predispose anyone’s opinion so judge for yourself.

King County Recorders Office – Great resource for looking up property transactions, typically in a dissolution case everything for the last 7-10 years will be brought up, and if you were removed from the house via a DVPO you can bet opposing counsel will be sending you 75 pages of interrogatories to frustrate you because you can’t get back into the house to get the document to satisfy the discovery request, and if you don’t produce likely a contempt finding or abusive use of conflict both are terrible and will haunt you for years. Also can be used to identify title real property assets, foreclosure information and marriage licenses. Most documents are online and can be downloaded for free, Hum makes you wonder why the Court Clerk Documents are all fee based.

Snohomish County Recorders Office – Same as King County above, just for SnoCo.

Washington Association of Prosecuting Attorneys – This Association has some useful information, this link provides some information on utilization of search engines, this Link has a somewhat small listing of Manuals including the 2012 Prosecutors’ DV Manual, 2012 WAPA KCPAODV Manual 12.11.14.