Archive for Family Law

Karma Zaike Blackmail Letter

July 1, 2013 / / Comments Off on Karma Zaike Blackmail Letter

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-

6-27-13 KCSC McDermott Zaike Blackmail Letter » Read more..

2012 King County Domestic Violence Initiative Contact Document

December 30, 2012 / / Comments Off on 2012 King County Domestic Violence Initiative Contact Document

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 This document is the answer for you, contains many, many unpublished phone numbers to directly contact the court. I say unpublished only because these are normally only available to petitioners in family law matters.

 

Domestic Violence 2012 Reference Guide

Domestic Violence Related Studies and Research

December 30, 2012 / / Comments Off on Domestic Violence Related Studies and Research

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.

11-07-1201

11-07-1201A

11-07-1201B

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

3-14-11 IPV on Men APA

3-14-11 IVP Men PTSD

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

2003 USDOJ DVPT Study

2004 Broward BIP

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 City of Seattle Report

2008 GAL Guidebook Title 26 GAL

2008 WSCADV Media_Guide_2008

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

2010DVResponseGuideline

2011 Dale Todd Quote about DV Treatment

An Evaluation of Gender

Batterer Intervention Meeting Report

Batterer_Accountability_Responding_to_child_maltreatment_and_domestic_violence

Batterers_Intervention

court_mandated_domest_vio_treatment

Custody-Evaluators-Beliefs-About-Domestic-Abuse-Allegations-Final-Tech-Report-to-NIJ-10-31-11

DOMESTIC_VIOL_PERP_PROGRAM

Dutton and Corvo[1]

DuttonCorvo2006

DVResponseGuideline

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

MHFA Study

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.

Treating_perpetrators

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.

2012_GAL_Manual

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.

Missing Sky Metalwala Case

December 30, 2012 / / Comments Off on Missing Sky Metalwala Case

2-01-11 Metalwala Declaration

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]

12-14-10 DVPO Children

12-14-10 DVPO Metalwala Respondent

12-28-10 DVPO Hearing Notice

Metalwala_Parenting-Plan_Final-Order

2006 Judges Domestic Violence Manual

December 27, 2012 / / Comments Off on 2006 Judges Domestic Violence Manual

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 E

2006 Judges Manual Appendix F Immigration

2006 Judges Manual Appendix G Child Abduction

2006 Judges Manual Appendix H DV Links

2006 Judges Manual Appendix I History and Authorship

2006 Judges Manual Appendix J Guidelines DVPO

Doug Bartholomew Complete Unabridged History – New Documents Added

December 27, 2012 / / 48 comments

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)

Statute, Rules and the Effect of Common Law

December 26, 2012 / / Comments Off on Statute, Rules and the Effect of Common Law

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.

What do Washingtonians think of their Courts?

December 26, 2012 / / One comment

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.

 

 

2012 Domestic Violence Perpetrator Treatment Recidivism Study

December 25, 2012 / / Comments Off on 2012 Domestic Violence Perpetrator Treatment Recidivism Study

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.

 

 

Helpful Links-

December 25, 2012 / / Comments Off on 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.

RPC – Rules 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 [email protected] and [email protected], 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.

Welcome to the SCJA

December 23, 2012 / / Comments Off on 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

 

 

 
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