The site has been down for some time now, but that has all been cleaned up and check back often for new posting and fresh content.
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The site has been down for some time now, but that has all been cleaned up and check back often for new posting and fresh content.
Admin
Yakima County Officials have Offered Yakima County Clerk Janelle Riddle $49,068.36 in exchange for her elected office.
See the Full Document here-
The Document Names the following Yakima officials-
Mike Leita – Yakima County Commissioner
Kevin Bouchey – Yakima County Commissioner
Joe Brusic – Yakima County Prosecuting Attorney
Don Anderson – Deputy Chief Civil Unit
This document is part of a “Mediation” meeting which was arraigned by Yakima Lawyer Bill Pickett and David Thorner. Picket serves on the WSBA Board of Governors and assisted David Thorner in his appointment to the WSBA Ethics department.
The problem with this proposal is that is a thinly veiled solicitation of a bribe. These elected officials want the office which the voters proclaimed to Janelle Riddle. This is a crime.
Very few crimes were mentioned in the Washington State Constitution- Treason for one and Bribe and Solicitation of a public official- Article II Section 30
SECTION 30 BRIBERY OR CORRUPT SOLICITATION. The offense of corrupt solicitation of members of the legislature, or of public officers of the state or any municipal division thereof, and any occupation or practice of solicitation of such members or officers to influence their official action, shall be defined by law, and shall be punished by fine and imprisonment. Any person may be compelled to testify in any lawful investigation or judicial proceeding against any person who may be charged with having committed the offense of bribery or corrupt solicitation, or practice of solicitation, and shall not be permitted to withhold his testimony on the ground that it may criminate himself or subject him to public infamy, but such testimony shall not afterwards be used against him in any judicial proceeding – except for perjury in giving such testimony – and any person convicted of either of the offenses aforesaid, shall as part of the punishment therefor, be disqualified from ever holding any position of honor, trust or profit in this state. A member who has a private interest in any bill or measure proposed or pending before the legislature, shall disclose the fact to the house of which he is a member, and shall not vote thereon.
Washington Legislature further identified the Criminal Acts in RCW 9a.28.030
The Washington State Supreme Court Pattern Jury Instructions state as follows-
(1) That on or about (date), the defendant [gave][or][offered to give] money [or other thing of value] to another to engage in specific conduct;
(2) That such [giving][or][offering] was done with the intent to promote or facilitate the commission of the crime of (fill in crime);
(3) That the specific conduct of the other person [would constitute the crime of (fill in crime)] [or] [would establish complicity of the other person in the commission or attempted commission of the crime of (fill in crime), if such crime had been attempted or committed]; and
(4) That any of these acts occurred in the State of Washington.
If you find from the evidence that each of these elements has been proved beyond a reasonable doubt, then it will be your duty to return a verdict of guilty.
On the other hand, if, after weighing all the evidence, you have a reasonable doubt as to any one of these elements, then it will be your duty to return a verdict of not guilty.
Yakima County has no right to claim any of these materials are exempt from disclosure as RCW 7.07.040(3) states any attempt to use Mediation to attempt to commit a crime is a waiver of privilege.
What is clear from the Yakima Commissioners/Riddle document is that the money was in exchange for her office, a violation of the law and the Constitution.
In another post Harold Delia the so called “Court Consultant” for YCSC (Yakima County Superior Court) is discussed. I had a chance to have a telephone conversation with Delia concerning “Contract Worker” vs. W-2 Employee, I had many questions and he had little answers. A couple days later I get a letter from long time Yakima Lawyer David Thorner saying any future contact with Delia is to be directed to Thorner. Not bad I think to myself when a Judicial Official lawyers up within 24 hours I know I have hit a nerve.
7-22-15 Delia Lawyer David Thorner WSBA
Upon learning a new name in the corruption circle, David Thorner, I did some more digging. It seems Mr. Thorner has some previous connections with the Judges, in 2012 he co authored a Law and Justice Report 6-07-12 Law and Justice Report Thorner Hutton Connell this report is highly critical of the Yakima County Prosecuting Attorneys Office all the while almost not mention of any Judicial issues, hum.
On December 29, 2014 Yakima Counties newly elected Prosecutor Joseph Brusic and County Clerk Janelle Riddle were sworn in. After the morning ceremony while at a local cafe Prosecutor Elect Brusic asks Clerk Elect Riddle to come to his office for a quick meeting, not his to be office at the Courthouse but his old private law firm office, hum.
Once at this meeting he proceeded to demand Clerk Riddle sign an agreement which he claims then Clerk Kim Eaton had already signed (however his statement was a fabrication as no document/agreement was ever signed by Eaton). Riddle stated she would not sign any agreement because she was voted in to make change. Brusic for the next two plus hours verbally pounded on Clerk Riddle at one phone a phone call was put through to his office, who was calling? David Thorner, hum.
The meeting was then moved to Yakima County Courthouse 2nd floor.
The dirty pool started before she took office.
This is the first in a series of articles about Yakima County Superior Court, this one discusses Harold Delia.
Who is Harold Delia? His official “Contract Worker” title is Court Consultant and according to this contract he has no authority over personnel, no authority to enter into contract, no authority to speak for the court, no budget authority. Here are some contacts for services between Yakima Superior Court and Delia Consulting-
2009-2014 Harold Delia Contracts
These contracts have been worded by Judges like David Elofson and Ruth Reukauf to give the casual reader the impression there is no employee relationship. However apply even the slightest scrutiny to Delia and the Fraudulent scheme perpetrated by the members of this dirty little guild becomes crystal clear.
Delia started with Yakima Superior Court back in 2002, a newspaper article from that period discusses the reason for the unorthodox employment arraignment-
STATE’S RETIRE_REHIRE LAW_ Court administrator reinstated after retiring
The scheme allows Delia to draw his retirement and continue to function as Court Administrator, sort of a fraud against Washington Department of Retirement Systems and the citizens of Washington State. Delia does not and has not for years paid into the retirement system.
Washington Labor and Industries published this manual for use by employers to determine if a worker qualifies as a “Independent Contractor”
Labor and Industries 1099 Guide
There is a Two part test in section A of the manual followed by a 6 part test in section B of the manual.
Some of the reasons Delia Consulting fails almost every test can be found here-
6-12-15 DOL Delia Business License Lookup Delia does maintain a DOL License, small plus for Delia.
6-12-15 DOR Delia Consulting Business UBI Lookup Delia does not have an open DOR account as such he pays no state or local business taxes- Fails one of the 6 L&I Tests
6-12-15 SOS Corporation Search Delia Consulting Delia Consulting is a Sole Proprietorship, not much more than a $25 business license.
7-10-15 DexKnows Delia Consulting Phone Search No record found for Delia Consulting.
7-10-15 Yellow Pages Delia Consulting Search No record found for Delia Consulting.
5-30-14 Delia WBAR Compliant PA Hagerty So this is an example of Delia using the popular Judicial tactic of “if I say it is so then it will be so”. Delia claims he sent this WSBA Lawyer misconduct complaint as a citizen but yet he uses the Yakima Courthouse as his address, Yakima County telephone number, and Yakima County email address. He even admits in this Yakima Herald story that he has a meeting with Judges Reukauf, Bartheld, and Elofson and the BAR complaint was discussed. 5-31-14 Yakima Herald WSBA Complaint Article.
4-03-09 Case No. 822298 Yakima Herald Republic v. Yakima Delia as Administrator In this lawsuit Yakima County Deputy Prosecuting Attorney Stefanie Weigand (WSBA 32968) confirms that Delia acts as Public Records Officer and is Court Administrator of YCSC.
3-10-15 Yakima Commissioner Minutes Delia talks about traveling to Oregon and speaking for the Judges. Delia is a person in charge, much more than a Independent Contractor.
3-20-15 YCSC Email Janelle Riddle
4-20-15 YCSC Judge Elofson Letter
RESPONSE – Hupy, Christopher Request re LAR 3
YCC Chapter 2.98 Defense of County Officials This is Yakima County Code detailing when the Prosecuting Attorney can represent, Delia does not qualify.
YCC Competitive Bidding Yakima County Code requiring competitive bidding, Delia Contract was never put out for bid.
1-20-13 Yakima Herald Judicial Budget Scott Missall So the Judges hired a Seattle Lawyer who represented the Judges in Grays Harbor County to bully the Yakima County Commissioners into a budget deal.
4-25-13 Yakima Herald Delia Budget Deal with Commissioners This is the end result of the threats, Harold Delia signed the agreement, Delia is no Independent Contractor.
6-04-14 Yakima Herald Delia WSBA Complaint Article
Council 2 Delia Ordering Employees to Remove Postings It is reported that Delia has been directing staff at least since 2002.
5.18.15 Resp w docs re Elofson ltr (1)
Court Protocols with County Delia Signature.
creswell letter regarding separation of powers Actual threatening letter sent to Yakima County Commissioners
Transcript 3.30.15 This is one of the best documents is debunking the Fraud that Delia is a Contractor. In this Delia says he is directing staff and controls the budget.
Corporate Counsel Division – Prosecutor’s Office – Yakima County Prosecuting Attorney These are the lawyers in addition to Joe Brusic who represent the Judges.
Washington_Public_Employees_Retirement_System
WBSA Stapanie Weigand Lawyer Profile
2005 AOC Court Directory 2014 AOC Court Directory 2012 AOC Court Directory 2015 AOC Court Directory Delia has found his way into official court directories
Washington State Labor and Industries, Washington State Employment Security, Washington Department of Retirement Services, Washington Department of Revenue, all will have a closer examination of this scheme developed by the YCSC Judges and Harold Delia.
Accountability is knocking on Harold Delia’s door right now.
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
Good luck M. Noreen.
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
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)
In response to the unlawful exemptions and to notice the KCPAO of Witness Tampering the following was sent-
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)
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.
Here are all of the released transcripts from the Ferguson Grand Jury concerning Darren Wilson the cop who shot and killed unarmed 18 year old Michael Brown. » Read more..
A lawsuit filed today in Snohomish County Superior Court names Chief Presiding Judge Michael R. Downes, Judge Anita Farris, Superior Court Administrator Robert “Bob” Terwilliger, and Court Reporter Sheralyn Barton (who is also a Officer of the Court) as defendants. The Cause number is 14-2-06148-8 in SnoCo Superior Court.
The issue is one all too familiar- Diversion of Public Funds for a private cause.
9-11-14 Hupy v. SCSC 14-2-06148-8 Complaint
9-11-14 Hupy v. SCSC 14-2-06148-8 Summons
It is clear on this action the Judges have allowed by act and/or admission public funds to be diverted, and I am sure once discovery starts coming in a very long term pattern of theft will be demonstrated.
Judges above the law? Not if some concerned citizens have any say in it. » Read more..
On July 24th, 2014 a hearing took place in SnoCo cause 14-2-03819-2 Hupy/Haggerty v. Judges of King County Superior Court. A motion presented by the defendants for dismissal citing CR12(b)(6) and a motion for Disqualification by the plaintiffs.
The Judge, Anita Farris a long term SCSC Judge was hand picked by SCSC Presiding Judge Michael Downes to hear this matter, worth noting Downes is a “officer” of the group calling themselves “Superior Court Judges Association” which is merely a front for the AOC (Administrative Office of the Courts) a somewhat clever shell to conduct illegal lobbying activities and diversion of public resources. » Read more..
The King County Sheriff’s department just released new documents concerning the diversion of public funds by the Judges of King County Superior Court.
These documents are the tip of the iceberg concerning what these abusers have gotten away with for years. The Judges who are also members of the King County BAR Association (KCBA) have been providing meeting space in Courtroom 942 for years to the BAR free of charge all the while denying access to the public and/or specifically a handful of people they have singled out, myself one of them.
Court staff have referred to me as a “Frequent Flyer” at the King County Courthouse, and Judge Palmer Robinson seems to feel that I would not or do not give a shit about the CASA program or needy children.
The Judges have allowed the KCBA to hold fundraising events in the Presiding Judges Courtroom (e942) which clearly is abusing their position of authority and using the stature of office to further their private cause.
As the case in Snohomish County Superior Court progresses more detail will be learned about how bad the abuse of power is in King County.
FW_ Notification of Attendance at KCBA Family Law Section Meeting Tomorrow 3.6.14 1.32 pm
FW_ Notification of Attendance at KCBA Family Law Section Meeting Tomorrow 3.6.14 3.56 pm
RE_ Notification of Attendance at KCBA Family Law Section Meeting Tomorrow 3.7.14 7.15 am
RE_ Notification of Attendance at KCBA Family Law Section Meeting Tomorrow 3.7.14 8.10 am
These official document also contradict KCBA Family Law Section Chairperson Susan Carroll statements in which she claimed to have no fore knowledge of any person being denied access to the meetings.
Ask any Judge or Lawyer a question and one thing for sure the answer will be anything but the truth.
Seattle area Family Law Lawyer Karma Zaike works at the Law Office of Michael W. Bugni (Bugni in the past has served as a Pro Tempore Family Law Commissioner in King County) is well known in the Puget Sound legal community as a high conflict specialist, more aptly a creator of high conflict.
What is her secret for success? Since fall of 2011 it could all be related to the fact she and/or the Law Office of Michael Bugni maintain incriminating evidence of Judicial Misconduct possibly rising to the criminal level against the leadership of King County Superior Court, including Chief Presiding Judge Richard McDermott, Chief UFC Judge Deb Fleck, Assistant Presiding Judge Susan Craighead, Judge James Doerty (ret.), Judge William Downing, to name a few.
In a recent communication with the actors of King County Superior Court this fact was once again spelled out for them-
Having trouble calling and getting a call answered by a Court? This document is the answer for you, contains many, many unpublished phone numbers to directly contact the court. I say unpublished only because these are normally only available to petitioners in family law matters.
When dealing with any DV related issue it is important to understand what baseline the DV Industry relies upon. DV Industry includes Judges, Lawyers, Advocates, Parenting Evaluators, DV Treatment Providers, GAL’s, Family Court Services, and to a certain degree Law Enforcement.
At some point I will go through this list and add brief descriptions about each document.
2012 Equality Wheel Duluth Model garbage, but most if not all private practitioners and Judicial Officer treat this as part two of the DV Bible (Part one is the Power and Control Wheel)
2012 Power and Control Wheel This is the pinnacle of a garbage study conducted in the ’80’s which has become the standard of the DV Industry, notice the use of Male only perpetrator identification, know and understand this document because they all rely on it.
TomGeorge (2012) DV Sentencing Conditions Recidivism_FINAL_042412 The final word on efficacy of DVPT in Washington State. After completion of DVPT you will be MORE likely of being charged with a criminal act of DV than if you do not attend!
1-2010 WSIPP Recidivism Report
05. KCCADV Victim-Defendant Report[1] If you are asking what a Victim-Defendant is, she is any and all women charged (or in the highly unlikely case convicted) of Domestic Violence related crime.
7-2008 Batterers_Intervention WSCADV Advocate handbook
8-2–8 WoodwaedBechtel DVPT Effiacacy
9-2009 DVPT Efficacy Taylor Maxwell
2006 DVPT Efficacy viewcontent
2006 Judges Handbook DV Appendix A Part of the FAMOUS 2006 Judges Handbook, read it and know it because the Commissioner you are in front of has it memorized. Gender and Justice put this together.
2006 Recidivism SMCStudy-BattererIntervention-Part2[1]
2006 Ricidivism SMCStudy-BattererIntervention-Part1[1]
2007 DOH DVPT Not effective IV-DV2007
2008 GAL Guidebook Title 26 GAL
2008 Zegree Batterers_Intervention Guide DV Advocates
2009 SKCCM BIP Study AuditFinal
2010 KCSO SOP Manual Chapter 12 DV
2010 Utah evaluating domestic violence court
2010 Zegree Walker, D. Evaluating the impact of IPV
2011 Dale Todd Quote about DV Treatment
Batterer Intervention Meeting Report
Batterer_Accountability_Responding_to_child_maltreatment_and_domestic_violence
court_mandated_domest_vio_treatment
Custody-Evaluators-Beliefs-About-Domestic-Abuse-Allegations-Final-Tech-Report-to-NIJ-10-31-11
Erin Pizzey Family Terrorist The gospel spoken from the Feminist Side of the fence, Ms. Pizzey is a stand out in the fight to end abuse. Must read for any Father.
Experiments_in_Torture[1] Think your exposure to the King County Family Law system feels like torture? Look at the similarities you are right.
Final_2010_2012_DV_Strat_Plan_10_28_09 City of Seattle 2010 Strategic Plan for DV
RADARreport-Why-DV-Programs-Fail-to-Stop-Abuse
SAVE-Why-DV-Programs-Fail-to-Stop-Abuse[1]
Social_Workers_Practice_Guide_to_DV_Feb_2010 Published by the Washington State DSHS, look for the mention of males victims of DV (well you can look but you will not find any)
Sunrise report 1992 DV providers[1]
Tracee Parker Fathering After Violence Parker ran the Safe and Sound Supervised Visitation center in Kent.
12-2003 KCCADV Victim Defendant Paper This is somewhat dated but still in use today, this paper gives a clear idea of the DV Industry definition of who a victim is and what gender SHE is, even is she is the abuser she is simply the victim, pure rubbish.
2011-2012PROPOSEDBUDGETFINAL Seattle page 13 Mayor McGinn suggests to eliminate funding for DV Perpetrator Treatment citing a no efficacy rating.
2013-15 City of Seattle DV Strategic Plan The City of Seattle releases this strategic plan every couple years, worth notice is the inclusion of the 2012 DVPT recidivism study (Dr. Tom George 2012 AOC study) and who does Seattle look to to determine if DVPT is effective? The private DVPT providers.
6-08-12 NBCC Code of Ethics National Board of Certified Counselors Code of Ethics
6-1999 Washington State Parenting Plan Study What the DV Insiders think of “shared parenting” must read for anyone going into a Custody dispute
6-2012 Accounting For DV In Custody Evaluations Fresh DV Industry study, well not really because the sample was 18 cases (hum, sounds like the Duluth study size) and contained within this paper is every reason why crazy abuser mommy is really just a victim, and dad? well he’s just a perp. This document is from the Washington Supreme Court’s Gender and Justice website.
3-03-11 Full DVPO Metalwala Respondent
3-03-11 Temp Orders CS and Maintenance
6-04-10 DVPO Metalwala Petitioner
6-09-10 DVPO Metalwala Petitioner
6-30-10 DVPO Biryukova Petitioner
7-14-10 DVPO Response Biryukova
7-14-10 DVPO Response Metalwala
9-13-10 Declaration of Stan Biryukova
9-13-10 Nadia Biryukova Declaration
9-23-10 DVPO Strict Reply Julia Biryukova
9-27-10 DVPO Metalwala Respondent
11-23-11 Notice_of_Association[1]
12-06-11 Declaration_of_Leslie_Clay_Terry[1]
12-06-11 Declaration_of_Service[1]
12-06-11 Declaration_of_Solomon_Metalwala[1]
12-06-11 Order_Terminating_Order_for_Protection[1]
Over the last year or so the Supreme Court has been working on revisions to General Rule 31A and presently GR31.1, the latter the public comment phase is about to expire and likely will be a public meeting or two before the Justices rule on this. Both of the General Rules deal with how the court discloses public records if not public then administrative court records (non case file documents).
Having minimal faith in our Judiciary to become more clear and transparent than a rock I have somewhat ignored the process, while it is a great importance I made the personal decision to more or less sit out GR31A and had planned on doing the same with GR31.1. However a couple months ago a met a man who was very passionate about this new rule and the positive aspects it could bring to his issue, we talked and later spoke on the phone at length. His provided me some insight and opinions which I having been embroiled in the Domestic Violence arena have not been exposed to, I must say it was quite refreshing on many levels.
The one thing I have come to realize is just how closed and opposed to disclosure our Judicial branch of Government is and I suspect there is a great deal for them to be ashamed of is full disclosure were to happen.
As normal course, even when time constraints do not allow I committed to reviewing GR31.1 and offering at least one public comment on the proposal.
After digging my brain into 31.1 I started drafting a Public Comment for submission, after completing what felt like seventy or eighty percent of my comment I took a break and came back to it an hour or so later when I noticed my word count was over 3800 words, better check to see if AOC has a word count limit, and yes the do it was 1500 words. After spending more time editing down my comment than writing it I was done and it was submitted
12-29-12 GR31_1 Chief Justice Barbara Madsen Comment 1
Fresh in my head are the countless defects with GR31.1 not the least of which is the simple fact a disgruntled requestor could all but bring the accountability arm CJC of the Judiciary to its knees from a title wave of complaints.
I could offer more on this but suffice to say a ill conceived proposal by our highest Judicial officers, again. All this could be avoided by accepting governance under the existing Public Records Act and following the Judicial Cannons.
Here are a few additional public comments made, most speak the same hollow words “We support Transparency in the Court, but…”
11-30-12 GR31_1 DMCJA Judge Durr Comment
On Behalf of Spokane County Superior Court
On Behalf of the Superior Court of the State of Washington for the County of King
Superior Court Judges’ Association-12-31-12
Superior Court of the State of Washington for Thurston County
Superior Court of Washington for Pierce County
Some comments from other agencies-
On Behalf of Allied Daily Newspapers of Washington
On Behalf of Association of Washington Cities – Washington State Association of Municipal Attorneys
On Behalf of Disability Rights Washington – David Lord
On Behalf of the American Civil Liberties Union of Washington
On Behalf of the Washington State Office of Public Defense
Justices denial of the public’s right to access is always more costly in the end.
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.
10-10-11 KCSO Return of Service KCPAO
10-24-11 Certificate of Service[1]
This was release in November 2012 provides insights into as least how KCPAO David Martin feels about protecting “HER” from Domestic Violence. As you read this document you may ask what is a Victim-Defendant” simply put it is a woman, any woman regardless of how violent or abusive, Jennifer Kolone comes to mind, Martin did not prosecute her.
More Gender Biased crap from the DV Industry.
For the average citizen this question may never be asked, for those who have gone into a Courtroom it is like a neon light flashing in their face “Who the hell pick this person?”
I will examine King County BAR Association here but most if not all local BAR Associations have similar committees so check your local BAR for specifics in your area.
Members of the KCBA select a committee for Judicial screening, information can be found here KCBA Judicial Screening process, applicants fill out evaluation forms and the process starts.
2012 Governor’s Judicial Evaluation Questionnaire
2012 KCBA Judicial Evaluation Supplemental Questionnaire
Every year the KCBA conducts a survey of their members concerning the performance of the King County Superior Court Judges, they then compile this data into a annual report, here is a example.
2012 KCSC Judicial Evaluation Survey Results
Coming soon.
Coming soon.
Coming soon.
This manual was created as a bench book or bench guide, in Family Law every Judge and Lawyer will rely on it. It was created by the Judges and DV Industry insiders for the use of every Judge who may rule on DV related or influenced cases
The relationship between the Judges, the DV Industry (both Advocate side and Professional Providers) is one of exclusion, they exclude any other opinion or position other than ones which serve their agenda.
This is a MUST read manual.
2006 Judges DV Manual Ch 1 Scope
2006 Judges DV Manual Ch 2 What is DV
2006 Judges DV Manual Ch 3 Legislative Response
2006 Judges DV Manual Ch 4 Criminal Pre-Trial
2006 Judges DV Manual Ch 5 Criminal Trial
2006 Judges DV Manual Ch 6 Evidence
2006 Judges DV Manual Ch 7 Criminal Dispositions
2006 Judges DV Manual Ch 8 Civil DVPO
2006 Judges DV Manual Ch 9 DV Database
2006 Judges DV Manual Ch 10 Parenting Plans
2006 Judges DV Manual Ch 11 Child Abuse
2006 Judges DV Manual Ch 12 Dissolution
2006 Judges DV Manual Ch 13 DV Rural Courts
2006 Judges DV Manual Ch 14 DV Tribal Courts
2006 Judges Manual Appendix A DVPT
2006 Judges Manual Appendix B Children
2006 Judges Manual Appendix C Federal DV Laws
2006 Judges Manual Appendix D LGBT
2006 Judges Manual Appendix F Immigration
2006 Judges Manual Appendix G Child Abduction
2006 Judges Manual Appendix H DV Links
This is a email exchange between King County Prosecuting Attorney Senior Deputy David Martin and Domestic Violence Treatment Provider Doug Bartholomew.
From: Martin, David
Sent: Wednesday, December 02, 2009 10:51 PM
To: Doug Bartholomew
Subject: RE: Gary Ruffcorn
Gary is the poster child for sentencing reform. Unfortunately, I dealt with this son as well (also with a troubling history of DV) before his passing. With each of them law enforcement had serious safety concerns (not surprising given how Gary’s son passed). I would not spend too much time contemplating Gary. We can help make people safer, we dont make them safe.
I know there are many areas of agreement in how to move forward in DV. Its not easy but I appreciate you sharing your thoughts and ideas. I dont have all or even some of the answers, but I feel as though things have changed. I guess we will see what the legislative session brings.
David D. Martin
Senior Deputy Prosecuting Attorney
Chair, Domestic Violence Unit
(w) 206-296-9503
(c) 206-898-9416
—–Original Message—–
From: Doug Bartholomew [mailto:doug@doug-bartholomew.com]
Sent: Wed 12/2/2009 10:38 PM
To: Martin, David
Subject: Gary Ruffcorn
Well, crow is a meal best eaten cold. And karma is a …
I was looking something up this evening and stumbled upon your article about tougher sentencing guidelines. I would like to say I have an excuse for what Gary did. The pictures were horrible. He was one of mine in 2006. He did what he was supposed to do and I truely believe he was sincere. I don’t know what I would have done differently. He was an old dog. But it still is a failure, and one in which someone got horribly hurt.
At the same time as he was in group I had a cop in the group which met right before his. One day the early group was late and Gary was already in the waiting room. The cop took one look at Gary and came back into the therapy room and said “you’re in over your head, and I want to be on a different night because I don’t even want to be in the same building as him.”
I’m going to be doing a lot of soul searching on this one.
On a happier note the meetings that are going on are the most exciting I’ve seen since the WAC’s were passed in 1992. You are giving me hope! We have a chance here to make history and prove that if we all work together asnd we all take responsibilty for our role in stopping violence (and keep good statistics) we can show the world that it can be done right and it is worth still trying. Thank you.
Doug Bartholomew MS, LMHC
1750 112th Ave. NE # B-218
Bellevue, WA 98004
Phone: 425-635-0188
email doug@doug-bartholomew.comcastbiz.net
FAX 425-451-8184
website www.doug-bartholomew.com
So, who is Gary Ruffcorn? He is a convicted serial abuser, he had SIX prior convictions for Assault in the 4th Degree Domestic Violence and THREE Convictions for violation of a No Contact Order, details and pictures of the aftermath of his violence can be found here.
The system placed this clearly troubled man in the same program as countless fathers who have merely been accused of the most petty offences, and I may add accused by only one person in a 10 minute long DVPO hearing with no rules of evidence allowed.
Bartholomew ever so casually comments about how bad he feels, how he wishes it were different, implying how he was duped by this person. This is not the case DB and Martin have been involved in DVPT for far to many years, The 2012 Washington State Recidivism study TomGeorge (2012) DV Sentencing Conditions Recidivism_FINAL_042412 paints the picture black and white, Domestic Violence Perpetrator Treatment as it exists today in Washington State is a failure, it does not work. If the average person who completes DVPT is slightly more likely to commit and get charged with a act of Domestic Violence what are the percentages going to look like for someone who fits this profile?
Violence and accountability, every single person who failed should have a place at that table include private profiteers like Mr. Bartholomew.
The main focus of this site is to offer a omnipresent view of our Judiciary, but there will be a great deal of information concerning the area of Family Law because it comprises such a large percentage of the average user of the Court.
Family Law in Washington is governed by a combination of Statute, Supreme Court Rules, Local Court Rules, and Common Law or sometimes called Case Law, and the Constitution (both Federal and State).
Each is unique, each is relevant, as a litigant you should have a basic understanding of all.
Statute-
The most straight forward of them all, the Legislature passes bills which then become laws and are codified by the Office of the Code Reviser and find their way into the Revised Code of Washington. These are for the most part easy to read and understand because they are written in clear and plain language. For the most part Family Law is located in Title 26.
To the lay person going to court and reviewing a RCW dealing with the specific issue at hand and think “I have this in the bag Statute is black and white and there is no way I cannot prevail” only to have the Judicial Officer rule in the opposing parties favor at the hearing. Remember Judges have the power of Discretion and what that means is that if the Judge thinks it is in the best interest of Justice he/she can ignore Statute and barring a Constitutional violation the higher Appeal Courts can or will uphold that ruling.
Think of Statute as a guide, not something carved in stone.
Rules-
There are several set of Rules to be familiar with, the Supreme Court Rules which there are many but as for most everything in this site is geared towards Civil matters I will try and stay on that line, so Superior Court Civil Rules commonly called “CR” followed by a number (CR60 for example), these are a must know for going into Court. There are Supreme Court General Rules of Application, again many subsections but generally speaking the General Rules GR followed by a number and the Evidence Rules ER followed by a number are ones you should study. Then you will be expected by the Judge to know the Local Court Rules or LCR’s each Court is unique, most if not all Courts will have them published online, find yours and study them, a Local Judge won’t think twice about levying a $500 fine for mistakenly noting a hearing in front of the wrong Judge. Spend as much time as you can learning the rules because- The Judiciary has ruled that Court Rules trump Statute so if there is a conflict between the two Court Rule will prevail, but again the Judge has the power of “Discretion” if it is in the best interest of Justice to veer from them (and yes the pursuit of Justice may be ruling against you).
Think of Court Rules as being written in Ink.
Common Law or Case Law-
Common Law is sometimes called Case Law is it the culmination of previously entered Court ruling on cases which have similarities like subject matter, jurisdiction, or application (interpretation) of Statute or Law. Finding applicable case law for a pro se litigant is much harder, most attorney’s and the Judges have access to fee based services like West Law or Versus Law, but for most the financial commitments required are just not possible, one great fee resource for case law is Google Scholar takes some hunting around but it is a good tool. Some Superior Courts have Law Libraries which are open to the public and you can access the fee based services (computer time and/or copying charges may apply) I find that I do not like spending additional time in Courthouse to be pleasant, other than trolling the halls of the second floor. The power of Common Law can be found in RCW 4.04.010 and BTW this is one of the few Statutes the Judges hold dear to their heart. Chances are that if opposing counsel is raising solid case law arguments you may not prevail.
Common Law is Written in Ink although sometimes invisible Ink
The Constitution-
Both US Constitution and the Washington State Constitution apply always, but generally speaking for Civil matters in Washington rely on the local Constitution, the Federal Courts really go out of their way to defer Family Law Matters back down to State Court, so remember if you think you are going to file a Federal lawsuit against all the people who screwed you in State Family Law case you will scare nobody, the threat of a well publicized CJC complaint or starting your own website has more teeth than threat of Federal Civil Rights Lawsuit, my opinion.
The Washington Constitution is broken up into several Articles, generally I, IV are the ones to really know, and by know I mean you should be able to stand up at a moments notice during court and make the objection with the correct cite “I object your honor Debtors Prison was abolished Article I section 17 Washington State Constitution”.
Constitution is written in Stone.
A well written Motion or Brief will contain elements of all of the above as cited authorities, and typically in a family law case even a pro se litigant can write and argue on par with most lawyers. Family law lawyers really are not very good as a whole, they are successful for many reasons and usually gender of the litigants is the predetermination factor, sorry men.
If you have a lawyer representing you before you just blindly sign the response to OC (Opposing Counsel) motion and email it back take a few minutes and review it, look for case law cites make sure they included at least one Constitutional cite, and make sure what made it onto the declaration are your words.
One of the reasons Family Law has a reputation for defects and poor rulings is because the lawyers who argued similar cases years before you made shit arguments and never were successful at the Appeal Court level and case law evolved from there. Where are those lousy lawyers from 10 years ago now? Chances are today they are the same person sitting in front of you wearing a Black Robe, lousy lawyers make lousy Judges and guess who picks the Judges? Your local BAR Association Judicial Selection Committee (KCBA is here).
After getting clobbered in Court try and focus your frustration at the responsible party, it is not your child’s other parent, it is not your lawyer (well maybe it is in part), it is not opposing Counsel (well maybe it is in part) it is the Black Robe, the system is created by design not happen-chance and the Judges are the architects.
Finally remember a Black Robe does not make a Judge, address all Commissioners as Commissioner they have not earned the right to be addressed as Judge.
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.
On December 20th, 2012 the following notice was delivered to many Judges in Washington State.
Judges and Justices,
Christopher J. Hupy, Principal
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.
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-
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.
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 Exhibits to Motion for Acquittal
12-13-12 Notice Ineligibility to Possess Firearms
12-13-12 Signed Order Motion for Acquittal
What the system, King County Superior Court, Department of Corrections, King County Prosecutor Dan Satterberg knew about Dangerous Mentally Ill Offenders
Here is a King County Television Story about Mental Health Court–
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 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.
In late April 2012 Dr. Tom George who works for the Washington State AOC as a researcher completed a study on recidivism rates and Domestic Violence Perpetrator Treatment (DVPT). His study had a large pool to work from, he had seemingly unlimited access to the AOC JIS and/or SCOMIS databases and likely the WSP database as well. All in all not a bad study.
TomGeorge (2012) DV Sentencing Conditions Recidivism_FINAL_042412
Dr. George concludes that after completing Domestic Violence Perpetrator Treatment, the average participant has a higher risk of committing a future act of Domestic Violence than a person who was NOT subjected to 12 months of DVPT Psychotherapy. I spoke to a world renowned expert on Domestic Violence shortly after this report was uncovered asking his opinion, his response “this is nothing new, we (DV Industry) know this already and have for years, the fundamental way society has addressed DV treatment is flawed…”
Interesting background as to how this report came to be, the Washington State Office of Financial Management applied for a Federal grant to study DVPT recidivism, oddly enough money from the Feds came through but the OFM had no means to carry out such a study (one could question why they applied for funding when A: OFM staff could not carry out the study B: Office of Financial Management seems a little removed from DV Perpetrator Treatment recidivism and efficacy rates) so after taking a Agency Administrative cut of the VAWA Gravy money they shipped it off to the Washington Courts for completion of the study, not to question every decision made here but why did Department of Health not get this study?, Dr. Tomas George was assigned the task.
In all fairness the study went to a Supreme Court created arm of the AOC, the Washington State Center for Court Research , fancy name but all of them are on AOC payroll and all serve at the pleasure of Chief Justice Barbara Madsen.
I would like to mention that as of December 2012 this study no longer appears at the WASCCR website of publications.