Archive for King County Superior Court

Michael Bugni defendant in malpractice lawsuit

Michael Bugni and the Michael W. Bugni and Associated PLLC, have been named as defendants in a lawsuit filed in King County Superior Court, KCSC cause number 14-2-13826-1 Sandra Noreen v. Michael W. Bugni.

Ms. Noreen states in her complaint misconduct on the part of Bugni, which if anyone has faced him or anyone from his firm as opposing counsel knows misconduct is the name of their game. Micheal has long provided shelter for another lawyer Karma Zaike, he took her under his wings long ago and made her the disgrace to the legal community she is today.

Mr. Noreen recently retained new counsel, Seattle lawyer Jeffrey T. Parker.

5-14-15 Bugni Docket 14-2-13826-1

5-14-15 Jeffrey T. Parker Lawyer Profile

COMPLAINT (1)

Motion Bugni

Good luck M. Noreen.

 

Two More Fresh Misconduct Lawsuits Naming King County Superior Court Judges Filed

Two lawsuit were filed against King County Superior Court Judges recently, citing gross misconduct and numerous Constitutional rights violations. Both lawsuits were filed in Snohomish County Superior Court.

KCSC Presiding Judge Susan Craighead is named in both actions as is KCSC Judge Palmer Robinson, Lori-Kay Smith, Elizabeth Berns are named in only one of the actions.

Hupy v. Craighead and Robinson SCSC 15-2-03020-3

3-23-15 Complaint 15-2-03020-3 filed

3-23-15 Summons 15-2-03020-3 filed

Haggerty v. Craighead, Robinson, Smith, and Berns SCSC case 15-2-03021-1

3-23-15 Complaint 15-2-03021-1

3-23-15 Summons 15-2-03021-1

3-26-15 LKS Zaike Signed LTR

Both case are being defended by the King County Prosecutors Office Deputy John Zeldenrust.

Zeldenrust has yet to respond to the complaint but did reach an agreement to engage in limited discovery prior to-

2015-04-27 DISC KC’s First Discovery Requests to Hupy

Also a recent set of Public Records were provided by the KCPAO which shine some light on additional misconduct-

KCPOA PRR Exemption Log 05-8-15 (CODED)

PRR Release 05-08-15

In response to the unlawful exemptions and to notice the KCPAO of Witness Tampering the following was sent-

5-08-15 Email to Zeldenrust

A challenge to the PDR exemptions was also lodged with the Prosecutors Office-

5-08-15 PDR PRR Exemption Challenge

The KCPAO (King County Prosecuting Attorneys Office) has quickly responded to the challenged unlawful claimed redaction’s to the May 8, 2015 PRA responsive documents.

5-12-15 Revised PRR KCPAO Email

Exemption Log 05-12-15 Re-Release(CODED)

Re-Release 05-12-15

Judge Susan Craighead has taken the step to prejudice and characterize the pending legal action-

From: Craighead, Susan
To: Berns, Elizabeth; Robinson, Palmer; Smith, Lori-Kay
Cc: Kuffel, Thomas; Eldred, David; Sherfey, Paul
Subject: FW: Service Haggerty v. KCSC Judges
Date: Tuesday, March 24, 2015 3:09:09 PM
All,
One of the less-than-happy duties of the Presiding Judge is to inform judges when they have been sued. Today your
names (and mine) came up. Apparently Christopher Hupy is suing judges again.
. If you have not been sued before as a judge, let me just explain that the PAO represents us and
generally the process is not particularly painful as most lawsuits by disgruntled litigants or public-records requesters
get resolved by a motion to dismiss.
Please feel free to contact me if you have any questions or concerns, a
.
Susan

 

More to follow in the days ahead in these cases.

 

King County Judges Diverting Public Funds

Accountability moves one step closer for the 54 Judges of King County Superior Court. Yesterday a lawsuit was filed in Snohomish County Superior Court under cause number 14-2-03819-2. The Lawsuit alleges that the defendants have engaged in a long term pattern of diverting public funds and resources to support a private cause.

This comes on the same day as Governor Jay Inslee appointed one of the defendants KCSC Judge Mary Yu to the Washington State Supreme Court.

The suit details how the Judges denied the public access for years, likely prior to 1992, to secret meeting held at King County Courthouse generally in the Presiding Judges Courtroom on the 9th floor. Meeting were and are held once a month. Access to the secure data network was also provided to support the private corporation, but most importantly the private Corporation was provide exclusive and personal access to the Intellectual Property of the Judges themselves. » Read more..

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]

2012 Assistant Chief Criminal Judge Theresa Doyle

Coming soon.

2012 Chief Civil Judge Laura Inveen

Coming soon.

2012 Chief Presiding Judge Richard McDermott

Coming soon.

Doug Bartholomew Complete Unabridged History – New Documents Added

Doug Bartholomew has been providing Domestic Violence Perpetrator Treatment services in the Seattle area for over 20 years. During most of that time he was the darling of the Courts, his assessments and evaluations while virtually devoid of any clinical legitimacy are typically over compensated for in volume, conjecture, hearsay, biased, and fantasy based conclusions.

Bartholomew over the last couple of years has faced a heightened level of scrutiny a ruling by now retired KCSC Judge Michael Fox, a deposition in which Bartholomew admits to never evaluating a man who does not need DV Treatment, and several professional complaints both to the DOH and the DSHS.

This is likely the most comprehensive single database complied on this provider available anywhere-

Douglas J. W. Bartholomew
DOB – January 13th, 1950
SSN – xxx-xx-xx84

Home Address:

84x Garden Green Place
Sultan, WA 98294-9509

Business Address:

13606 NE 20th Street Suite 200
Bellevue, WA 98005

DOH Healthcare Provider License LH00003582

Doug Bartholomew is not the only abuser in his house, Kathy Benardout-Bartholomew (his wife) has been gotten into the act as well. This recently released document from the Washington State Attorney Generals Office indicates Bartholomew sought to have the AG’s office intervene on their behalf, answer was NO THANKS.

Kathy Bartholomew AG Request

Here is another just released document from the Washington Attorney Generals Office, the first document is the redacted version previously posted, the second document is in it’s native form. It is a professional evaluation called “EXPERT REVIEW” conducted by a well respected Health care provider in Seattle named Harriet Cannon M.C., LMFT, LMHC she was retained by the legal team at the Washington Department of Health during the investigation of Misconduct by Doug Bartholomew. 

This report is nothing more than scathing indictment of the horrors in dealing with Bartholomew.

Bartholomew Report DOH Redacted

Bartholomew Report DOH

 

Doug Bartholomew agreed to a stipulated finding of breaches in his professional conduct, massive monetary fine and heightened Department of Health Supervision and lifetime ban on ever conducting another Domestic Violence Evaluation.

3-01-13 DOH Informal Disposition

3-01-13 DOH Statement of Allegations

Doug Bartholomew petitioned for protection under Chapter 7 Bankruptcy. According to the documents it appears that he did this to evade accountability from the Washington State Department of Health and is using the legal system to “RE-VICTIMIZE”.

As part of the stipulated agreement with DOH Bartholomew agreed to a $5000 professional fine (to be paid over several years) refund of his professional services fee to the victim in the amount of $2900, and restitution to the victim for the defense of the professional misconduct- a STAGGERING AMOUNT OF $69,000!!!!

But as a expected tactic of avoiding accountability Bartholomew has filed BK, “always the abuser and always somebody else’s fault” I have not been able to find one single instance where Doug Bartholomew accepted personal or professional accountability for his actions, if you know of one please let me know I will post it upon receipt. 

Here are his recent BK filings and also those from 2002 and 2003 (yes he is a habitual filer, but within his constitutional rights however)-

4-30-13 Bartholomew BK Petition – This petition provides all the debts and assets declared in the Bankruptcy.

6-03-13 Bartholomew Ammended Income Filing – Income has changed as well as the addition of a $19,000 IRS Tax lien from 2010 and 2011 Federal Taxes

6-03-13 Bartholomew BK Ammended Schedule D-F

4-30-13 Bartholomew BK Filing Douglas

4-30-13 Bartholomew BK Docket

4-30-13 Bartholomew BK Attorney

4-30-13 Bartholomew BK Case Summary

4-30-13 Bartholomew BK Deadlines and Hearing Schedule

12-12-02 Kathy Bartholomew BK Filing

10-26-03 Bartholomew Chapter 7 BK Filing

4-30-13 Bartholomew BK Parties

4-30-13 Bartholomew BK Preferred Mailing List

4-30-13 Bartholomew BK Notice of BK Filing

4-30-13 Bartholomew BK List of Creditors

4-30-13 Bartholomew BK History

One more little tidbit worth mentioning, it appears that Kathy Bartholomew had enough money on April 1st to start a new business, but she must have forgot to mention that on her Federal Sworn Under Penalty of Perjury Bankruptcy Petition, just like Doug never let a little detail like BK Fraud stand in your way…

2013 DOR Business License for Kathy Bartholomew

Washington Dept of Health Public Records Response

5-06-13 DOH Public Records Response Bartholomew Complaint LH2011-154410NMR

This Document contains the actual complaint which resulted in the misconduct finding against Bartholomew as well as other complaints from the past.

250 pages of quality reading about the abuser Doug Bartholomew

 

Washington Dept of Health Public Records Response Part Two-

6-06-13 DOH Doug Bartholomew PDR Response

This set contains the report completed by Bartholomew which resulted in the Professional Misconduct finding as well as a transcript of a older deposition.

 

Starting with some of the most sought after Documents over the last few years. If Doug Bartholomew is actively involved in your case at a MINIMUM these documents should be mentioned in your case. DB is a toxic force against any man, to let your guard down thinking he will help you is nothing but a Kool-Aid induced delusion.  

10-15-03 Weden Petition for Protection Order This is the Protection Order Doug   claims is NOT Domestic Violence, Ms. Weden is the former Mrs. Bartholomew

10-15-03 Weden Signed Protection Order Order Signed by a Judge

Weden Bartholomew DV RO Docket Y3 034385 Interestingly KCDC no longer has any of these documents on file somehow they have been misplaced in a relocation from Redmond to Issaquah, or a “friend” maybe threw them away.

12-15-10 Bartholomew Response to Complaint Doug Bartholomew Responds to the Protection Order to the DSHS

Full Transcript Bartholomew Deposition This is was taken as part of cause number 04-3-00375-3 SEA on March 25th, 2008. While partials of this transcript appear elsewhere this is the full deposition.

Judge Fox Comments[1] This is a partial document from cause number 08-3-08507-8 SEA, it is a closing argument brief which contains transcripts from a oral ruling made by Judge Fox.

6-27-11 Mothers Brief 662139 The KCSC ruling was appealed by the mother in cause 08-3-08507-8 SEA this is the brief in support of overturning that ruling.

9-27-11 Fathers Brief 662139 This is the fathers response to the above Appeal.

2-13-12 COA Div I Ruling 66213-9 This is Court of Appeals Division I ruling upholding the lower Court findings, this however is a non published opinion so while it can be cited the Judge has discretion as to it’s legal weight.

Bartholomew also conducts a “Sight unseen” Evaluation which he will sometimes calls a Assessment, he admits under oath that he has never conducted one which he did not recommend 12 Months of Mental Health Psychotherapy in the form of DVPT. Here is an example of the likely 100’s he has conducted over his career.

2-20-08 Bartholomew Report Exhibits This is a 9 page report, Bartholomew clearly identifies himself as a Health Care Provider, he draws mental health conclusions if not a full blown diagnosis, he admits the only information he relies on has been provided by the Petitioner as part of a DVPO case which by Court Rule forbids the application of any Evidence Rule.

Bartholomew testimony in legal proceedings has very damaging results, even when the Court is provided with contradicting expert testimony many Judges will still give more weight to Bartholomew. Here is a transcript of a oral KCSC ruling.

8-07-12 Dean Lum Oral Ruling Transcript This is a transcript of the Oral Ruling made in cause number 08-3-05355-9 SEA, it is long but it clearly depicts the bias KCSC Judge Dean Lum has.

Although based on the degree or public exposure over the last couple years and the publication of relevant case documents, Bartholomew’s actual in Court testimony has been reduced, he simply does not like to be questioned on his professional ability.

Previously compiled document which contains many emails, complaints, and other relevant matter.

2011 Doug Bartholomew Handbook Chapter 1

The Civil high conflict dissolution cases are the real gravy train for DB but he does mix it up with some serious criminals one notable Bartholomew client made his way to become the poster abuser for sentencing reform.

Gary Ruffcorn at the Washington Attorney General Website

2007 Kanouse Ruffcorn Tort

Gary Ruffcorn Part A

Gary Ruffcorn Part B

Doug Bartholomew to David Martin Gary Ruffcorn This speaks volumes, the total disregard for his role, DB should be ashamed of himself.

Department of Health Complaint history through the beginning of 2010. This is every complaint and every investigation on file at the DOH for Bartholomew, except for a couple that were still being investigated into 2010. Active Investigations are not subject to disclosure under the PRA. At some point I will update this when records become available.

4134_001[1]

4138_001[1]

4139_001[1]

4140_001[1]

4141_001[1]

4143_001[1]

2009 Bartholomew Investigation PRR Part 1

2009 Bartholomew Investigation PRR Part 2

2009 Bartholomew Investigation PRR Part 3

2009 Bartholomew Investigation PRR Part 4

This one is the COMPLETE history of a DOH complaint, including everything from start to finish, this complaint took the DOH a year to complete and in the end Bartholomew was not sanctioned

BARTHOLOMEW, DOUG 2009-137532LH_tif-r_pdf-r

8-31-10 DOH Bartholomew Findings

Bartholomew Responds to complaints-

01-12-11 Bartholomew Response to DVPO Complaint

01-14-11 Susan Alexander Letter to DSHS

01-31-11 Bartholomew to DSHS Email Documenting Clock hours

02-08-11 DSHS to Alexander Bartholomew Letter

2-08-11 DSHS Maureen Kelly Bartholomew Investigation Findings

2-08-11 DSHS Maureen Kelly Response

4-27-11 DSHS Bartholomew Complaint Findings

12-09-10 DSHS MK Response to Clarification request

12-15-10 Bartholomew Response to Complaint

Bartholomew resume and professional license applications.

2007 Bartholomew Resume

Doug Bartholomew Resume

4135_001[1] DOH License Applications

4136_001[1] DOH License Applications

4137_001[1] DOH License Applications

4149_001[1] DOH License History

2010 Bartholomew Certification Recommendation letters Recommendation Letters written by Leslie Savina, Dale Todd, Jay Williamson, and Tracee Parker. Remember any friend of Doug’s will likely not be friendly to you.

2010 Bartholomew DSHS Cert Application Letter part2

2010 Bartholomew DSHS Cert Application Letter

4-21-10 DSHS PDR Part A

4-21-10 DSHS PDR Part B

4-21-10 DSHS PDR Special Mention 1

4-21-10 DSHS PDR Special Mention 2

9-07-10 Bartholomew Applications[1] This Document contains most all of his DSHS DVPT Certification Applications, interesting comparison year by year as his previous work hours grows, and his denial of involvement in any civil DV matters, what about the Protection Order his ex wife was granted?

12-26-12 DOR Business License DBAA. Inc Master Business License or UBI

12-26-12 SOS Corporation License DBAA. Inc DBAA, Inc. Corporation Information

Bartholomew Divorce Documents from KCSC cause 96-3-00935-4 SEA these are somewhat dated but it provides more of a long term pattern of this man.

2-01-96 Doug Bartholomew Declaration

2-15-96 Judith Bartholomew Declaration

Bartholomew article from a Oregon DVPT Providers Website

DougBartholomewarticle

Doug Bartholomew and/or Doug Bartholomew and Associates, Inc.(DBAA) contracts for services. These are a couple years old now so he may have revised them, give him a call for a updated copy (425) 688-0188 or (425) 830-0188. These are some of the most offensive contracts for health care possible, well almost Wellspring is pretty bad as well.

8-2009 db Admission

9-2008 DB Contract Part A

9-2008 DB Contract Part B

9-2008 DB Contract Part C

Bartholomew – Evaluation contract[1]

Bartholomew – Evaluation list of acts of abuse[1]

Bartholomew Home Ownership- It appears to have ended this year, as many American are facing a struggle to hold on to their homes myself included I will not comment except to say based on other financials this loss may be more of a financial decision because of negative equity than that of financial inability to repay, just my .02.

1-09-09 Notice of Trustee Sale Ingraham Road

1-03-11 Notice of Trustee Sale Ingraham Road

7-24-12 Trustee Deed Ingraham Road

12-26-12 SnoCo Ingraham Road Property Detail

Bartholomew interaction with others-

bartholomew letter to Federal Way[1] Think Doug only rubs you the wrong way?

4-06-10 Batholomew email – DB saying please don’t believe everything you read

4-07-10 Batholomew Pooley email – DB Pal King County Probation Officer (CCO) Annette Pooley, nice to have Court employee’s proofread your emails before you send them out

4-07-10 Batholomew Pooley O’shersky email Pooley talking about another DB Pal Jim O’Shersky also a King County Probation Officer aka Community Correction Officer (CCO)

Michael La Rosa Murders Another Case of King County Judicial Failure

Shortly after arriving in Seattle Michael La Rosa got into trouble with the law, a Domestic Violence case, his girlfriend whom he met online, was the reason he had relocated to Seattle from Florida. From the very first interaction with Law Enforcement and the Judiciary the warning signs were blindingly clear, but he was simply passed through the system as just another person needing mental health care.

2-02-09 Seattle Muli MLR case 532087 Charges

2-02-09 Seattle Muli MLR case 532087 docket hearings

2-02-09 Seattle Muli MLR case 532087 docket

10-31-08 Seattle Muni MLR Case 529259 Charges

10-31-08 Seattle Muni MLR Case 529259 docket hearings

10-31-08 Seattle Muni MLR Case 529259 docket

 

Here are the Seattle Police Departments Incident Reports concerning La Rosa, these leave little doubt that La Rosa needed help.

Hupy PDR item _2[1]

Hupy PDR item _3[1]

 

In October 2010 he was sent to Wellspring Family Services ordered to attend and complete the DSHS Certified Domestic Violence Perpetrator Treatment program offered. Gary Sarozek LMHC conducted a required Clinical Intake as required by WAC 388-60-0165. Sarozek was under the supervision of Wellspring DVPT director Mark Adams LMHC at the time.

2-09-10 Wellsprings Confidentiality Wavier

Gary Sarozek was previously sanctioned by the Washington DOH for misconduct-

108258

120443

123760

As part of a Petition for Protection via a Domestic Violence Protection Order the following note was included in support of the petition

*I will offer caution in reading this as it is very graphic and disturbing*

2-10-10 Exhibit Attachment for Petition DVPO

On February 24th, 2010 KCSC Commissioner Megan Sassaman signed and entered a order in cause number 10-2-00459-9 SEA.

2-24-10 DVPO LaRosa Meg Sassaman

Commissioner Sassaman on her own volition made some medical determinations for the clearly troubled La Rosa (who did not appear at this hearing) Ssassaman diagnosed La Rosa with some type of disorder which would benefit from DVPT Counseling she deemed the program at Wellspring was his only choice, Sassaman has a long history with WS and thought a Social Worker qualified professional would be appropriate for a AXIS I suffering litigant would be the best, she further diagnosed La Rosa would benefit from “remaining on all prescribed medications” taking his “medications.

The record now indicates Wellspring FS provided treatment to La Rosa from October 2010 until Mach of 2011 when he was discharged for “threats to harm others”, not clear if La Rosa or the demons who told him to commit these bad acts were responsible.

Moving forward to November 2011 and La Rosa was in front of a grocery store on capital hill area of Seattle when he pulled out a camp hatchet and struck Joseph LaMagna in the head approximately 10 times killing him almost instantly. A group of small school children witnessed this attack. Seattle Police Department was on scene within minutes finding La Rosa nearby and confused stating LaMagna had given his sister a STD.

SPD arrested him and also began to investigate him for another Hatchet killing from the night before, Dale Holmes, he was charged with both murders.

Charging Document

La Rosa was moved into DSHS Western State Hospital when it became clear to the staff at King County Jail he was a danger to himself and/or others. Michael was diagnosed in youth as suffering from at least one DSM IV AXIS I disorder, Schizophrenia.

Back to King County Superior Court case 10-1-10060-8 SEA it has been dragging through the court between KCSC Judges Theresa Doyle and Judge Ronald Kessler acquiescence to the repeated motions by King County Prosecutor Dan Satterberg’s Deputies to make a finding of competency, when in the face of each and every PhD level professional diagnosing AXIS I disorders.

02-02-11 Findings of Fact La Rosa Competency

02-02-11 Michael La Rosa Psych Evaluation

 

December 2012 Judge Ronald Kessler signs a Motion for Acquittal, included in the Exhibits in support of Acquittal is a full and complete picture of the past and present mental health state painting a clear picture of the misconduct of Sassaman, Sarozek, and Adams to name only three.

12-13-12 Clerks Minutes

12-13-12 Exhibits to Motion for Acquittal

12-13-12 Motion for Acquittal

12-13-12 Notice Ineligibility to Possess Firearms

12-13-12 Signed Order Motion for Acquittal

12-14-12 Clerks Minutes

12-14-12 Right to Appeal

 

What the system, King County Superior Court, Department of Corrections, King County Prosecutor Dan Satterberg knew about Dangerous Mentally Ill Offenders

DMIO -WorkgroupFinalReport

 

Here is a King County Television Story about Mental Health Court

 

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.

Superior Court Commissioners

Many who have gone to Superior Court have found themselves in front of what is called a Court Commissioner, many mistakenly think this person is a Judge but that is not the case.

A Superior Court Judge is a elected position in this state and must run for office every four years, after each election must affirm a Oath of Office which is Constitutionally required to be filed at the Secretary of State Digital Archives  and generally available for online public inspection, but always is available for inspection in person. A Commissioner is Appointed by a Judge and serves at the pleasure of the appointing Judge.

A Commissioner is Constitutionally allowed under Article IV Section 23-

SECTION 23 COURT COMMISSIONERS. There may be appointed in each county, by the judge of the superior court having jurisdiction therein, one or more court commissioners, not exceeding three in number, who shall have authority to perform like duties as a judge of the superior court at chambers, subject to revision by such judge, to take depositions and to perform such other business connected with the administration of justice as may be prescribed by law.

The Washington Supreme Court in many case has ruled that any position set forth in the Constitution is dictated by those terms, ie that no authority (the legislature/executive/Judiciary) has the power to change the conditions spelled out in the Constitution, as it is both the maximum and minimum qualifications/standards. There exists a mechanism to modify the founding document via Public Vote for a Constitutional Amendment (which by design is a difficult process) or a super majority vote of the legislature. No Legislative act like a RCW, executive decree, or say a judicial Court Rule can override the specifics set forth in the Constitution.

Given the above statement on the power of the Constitution the lay person may say “Section 23 does not mention anything about a Oath of Office requirement, so the Commissioners are not required to subscribe one” this would not be the case because the appointing power (a Superior Court Judge of that County) is required to take a Oath and not requiring the appointed position would in fact give the appointee more power than the Judge, so while this fundamental requirement is not mentioned it is by application required.

Section 23 is quite specific in a very important area “not exceeding three in number”. Three Superior Court Commissioners per County is the maximum allowed, in writing this I visited King County Superior Court Employee Directory Page  and found 11 active Commissioners listed and two additional vacant positions, one could deduct from this that because it is impossible to know which of the 11 are the allowed 3 that all of them would be disqualified for total lack of Jurisdiction.

In a recent Public Records Request (11-29-12 KCSC PRR email to 10-26 Request), to KCSC Chief Presiding Judge Richard McDermott seeking ALL appointments of all active Court Commissioners in response I was provided the following, Oaths of Office and Appointments

Oath of Office – Commissioners001.pdf

Commissioner Appointments

In reviewing the Commissioner appointments the following is revealed-

Commissioner Leonid (Les) Ponomarchuk was appointed by Judge Bobbe Bridge in August of 1998, he has never been reappointed since then. Problem here is that in 1999 Judge Bridge was appointed to the Supreme Court by then Gov. Gary Locke, Commissioner Ponomarchuk could not have served at her pleasure after that date.

The same scenario plays out over and over with all of the KCSC Commissioners listed, they serve at no Judges pleasure, and all but one have expired appointments.

Still remaining is the use of a Pro Tempore Commissioner, what the hell these are I don’t know, absolutely no mention in the Constitution for pro tems, Judges yes Commissioners no.

 

More to come on this story….

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