Superior Court Commissioners

December 25, 2012 / / Comments Off on Superior Court Commissioners

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

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

A Commissioner is Constitutionally allowed under Article IV Section 23-

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

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

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

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

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

Oath of Office – Commissioners001.pdf

Commissioner Appointments

In reviewing the Commissioner appointments the following is revealed-

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

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

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

 

More to come on this story….

Washington State Constitution

December 25, 2012 / / Comments Off on Washington State Constitution

Washington State Constitution in a handy PDF format, this is a must read for anyone going into a Courtroom, Objections based on statute/RCW are fine but the real winning arguments are those based on Constitutional Objections.

Article I – Declaration of Rights

and

Article IV – The Judiciary

 

12-2010-WAStateConstitution

Contact Information for All Courts in the State of Washington

December 25, 2012 / / Comments Off on Contact Information for All Courts in the State of Washington

The Administrative Office of the Courts (AOC) Publishes a Statewide Judicial Directory it is a decent resource to locate that hard to find email address of most Judges in the State of Washington-

 

2012 AOC Court Directory

2014 AOC Court Directory

Public Records Act and The Association of the Superior Court Judges of the State of Washington

December 25, 2012 / / Comments Off on Public Records Act and The Association of the Superior Court Judges of the State of Washington

Early in 2012 a series of Public Record Requests were submitted to a group calling themselves the SCJA, so please don’t get confused I did not send these to myself. Their response goes from “A PDR what is this? We have never received a Public Disclosure Request” to “Yea we will have to look into that” to “Your request is onerous and we have been flooded with requests from other parties so you do not get anything”.

This group, who technically and legally does not exist, claimed Judicial Immunity from the Public Records Act, while I sought a administrative appeal no response was made by them.

A group who has charged $1000 fee to each county for every Judge and $500 for every Commissioner ($275,000 to $350,000 total each year), that maintains no business licenses, no address other than that of the AOC in Olympia, can produce no record of ever having purchased even basic office supplies, makes rules which affect the public, holds countless secret meetings (in violation of the Open Meetings Act), claims as a whole Judicial Immunity from the PRA even though Washington State Constitution does not provide for a Unified Judiciary, accepts public funds in the form of full time staffing provided by the AOC/Chief Justice Barbara Madsen, does not pay taxes or even report income to the IRS as required via a Form 990, and finally hires a $100,000 a year Lobbyist Tom Parker to lobby against the will of the people at the legislature.

 

2-12-12 Email PDR SCJA Number One

2-12-12 Email PDR SCJA Number Two

2-16-12 Email Response Judge Inveen PDR

2-16-12 Judge Inveen 5 day PDR Response

2-17-12 Email Response from Greg Howard

3-08-12 Email PDR SCJA Number Four

3-08-12 Email PDR SCJA Number Three

3-09-12 Email PDR SCJA Number Five

3-09-12 Limited Response to SCJA Letter

3-09-12 PRR SCJA Email

3-09-12 PRR SCJA Inveen Letter

3-20-12 PRR SCJA Email

3-20-12 PRR SCJA Inveen Letter

7-02-12 SCJA Matheson Letter

 

It appears that my path of redress has been cut off here, as it would be unlikely that my fate would be any different than Barbara Jo Fulton’s seeking relief in any Superior Court in this State.

Just another example of civil rights being denied by our out-of-control Judiciary.

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.

Acronyms and Links- Lots of Letters in the Judicial World

December 24, 2012 / / Comments Off on Acronyms and Links- Lots of Letters in the Judicial World

It can be confusing keeping track of all the acronyms used by the Judiciary so here is a list, I am sure this will be a ongoing updated post, so check back.

 

10.99 – RCW Criminal Domestic Violence

26.50 – RCW Title 26.50 Family Law Domestic Violence

191’s – RCW 26.09.191 Restrictions in Permanent Parenting Plans

388-60 – WAC Which applies to the DV Perpetrator Treatment

1983 – Subsection 1983 Title 42 United States Code / Civil Action for Deprivation of Rights

1985 –Subsection 1985 of Title 42 United States Code / Conspiracy to Interfere with Civil Rights

 

ABA – American BAR Association

ACLU – American Civil Liberties Union

ADA – Americans with Disabilities Act

AG – Washington State Attorney General

AOC – Administrative Office of the Courts

Assessment – A quasi clinical evaluation absent measurable forensic protocols and normally conducted by a Social Worker level Professional

ATJ – Access to Justice Board

BJA – Board of Judicial Administration

BPD – Borderline Personality Disorder

CA – DSHS Children’s Administration

Cannons – Judicial Cannons (Codes of Conduct)

CJC – Commission on Judicial Conduct

COA – Washington State Court of Appeals

CPA – Consumer Protection Act (Yes DOH Licensed Health Care Workers are Subject to the CPA) 

CPS – DSHS Department of Child Protection Services

CR – Washington State Supreme Court Civil Court Rules

DAWN – Domestic Abuse Women’s Network

DJA – Department of Judicial Administration

DMCJA – District and Municipal Court Judges Association

DOC – Washington Department of Corrections

DOH –  Washington State Department of Health

DOJ – United States Department of Justice

DOL – Washington State Department of License

DOR – Washington State Department of Revenue

DSHS – Washington State Department of Social and Health Services

DSM – DSM IV TR Diagnostic and Statistical Manual of Mental Disorders

Duluth – Duluth Model of Domestic Violence

DV –  Domestic Violence as defined by RCW 26.50.010

DVPO – Domestic Violence Protection Order 

DVPT – Domestic Violence Perpetrator Treatment

EDVP – Eastside Domestic Violence Program

ER – Washington State Supreme Court Evidence Rules

Evaluation – A clinical Evaluation with measurable Forensic Protocols normally conducted by a PhD level Professional

FBI – Federal Bureau of Investigation

FCS – Family Court Services

General Fund – Refers to Washington State Government General Revenue Fund

GJC – Gender and Justice Commission

HHS – US Department of Health and Human Services

HIPAA – Health Insurance and Portability Accountability Act of 1996

JIS –  Judicial Information System

KCBA – King County BAR Association

KCBA FLS – KCBA Family Law Section

KCCADV – King County Coalition Against Domestic Violence

KCSC – King County Superior Court

KingCo – King County Washington

Kool-Aid – Term referring to blindly following instructions to your own personal detriment sometimes called “drinking Kool-aid” or “Kool-Aid drinkers” when referring to others.

LCR – Local Court Rules

LMHC – Licensed Mental Health Counselor 

MD – Medical Doctorate Degree / Physician

Meretricious – A Term Created by the Court referring to a Stable and Committed long term relationship, recently has been replaced by the term “Loving and Committed Relationship” in essence “Common Law Marriage”  

MSW – Masters Degree in Social Work

NBCC- National Board of Certified Counselors

NCO – Criminal No Contact Order

NWADVTP – Northwest Association of Domestic Violence Treatment Professionals 

OCLA – Washington Office of Civil Legal Aid

OCVA – Washington Department of Commerce- Office of Crime Victim Advocacy 

OFM – Washington State Office of Financial Management

OJA – Office of Judicial Administration

OVW – US Department of Justice Office on Violence Against Women

PAS – Parental Alienation Syndrome

PD – Police Department

PDC – Public Disclosure Commission

PDO – Agency Public Disclosure Officer

PDR – Public Disclosure Request

PhD – Doctorate Degree Level

PLB – Washington BAR Practice of Law Board

Power and Control Wheel – Part of the Duluth Model

PRA – Washington State Public Records Act

PRR – Public Records Request Agency Response

RCW – Revised Code of Washington State

RO – Restraining Order non DV related

RPC – Lawyer Rules of Professional Conduct

SCOMIS – Superior Court Management Information System

SLL – Washington State Law Library

SnoCo – Snohomish County Washington

SOS – Washington State Secretary of State

STOP Grant – Federal Domestic Violence Monetary Grant – VAWA Funds 

SW – Social Worker

TCSC – Thurston County Superior Court

Temp Order – Temporary Court Orders put in place at initial filing of legal action. Generally Civil Actions Dissolution, Custody, DVPO, Meretricious

Triangulation – Also Called Parental Alienation Syndrome  

UCCJEA – Uniform Child Custody and Jurisdiction Enforcement Act

VAWA – Violence Against Women Act

WA-AFCC – Washington Association of Family and Conciliation Courts

WAC – Washington Administrative Code

WADOC – Washington Department of Commerce

WADVC – Washington Domestic Violence Commission

WCSAP – Washington Coalition of Sexual Assault Programs

WSCCR – Washington State Center for Court Research

WSIPP – Washington State Institute for Public Policy

WSCADV – Washington State Coalition Against Domestic Violence

WBAR – Washington State BAR Association

WSSC – Washington State Supreme Court

WSP – Washington State Patrol

Board of Judicial Administration Meetings

December 24, 2012 / / Comments Off on Board of Judicial Administration Meetings

The Washington Administrative Office of the Courts (AOC) finances monthly BJA meetings, below are the supporting documents for the monthly meeting discussions, previous meeting minutes, and lists of who attended the meeting. Some of these are fairly large (200 pages or so) but there is good reading in them, banking, lobbying this background helps paint the picture of the attempted “unification” of our courts. Questionable lobbying activities.

The Board of Judicial Administration is comprised of members from the Superior Court Level, the District and Municipal Court Level, all three Divisions of the Court of Appeals, the Washington State BAR Association, AOC (Administrative Office of the Courts), ATJ (Access to Justice), the Supreme Court.

These meeting materials provide a seldom seen inside look into what these Judicial Actors are up to-

 

2-17-12 BJA Meeting Materials

3-16-12 BJA Meeting Materials

4-20-12 BJA Meeting Materials

5-18-12 BJA Meeting Materials

6-15-12 BJA Meeting Materials

7-20-12 BJA Meeting Materials

9-21-12 BJA Meeting Materials

10-19-12 BJA Meeting Materials

11-16-12 BJA Meeting Materials

12-14-12 BJA Meeting Materials

1-23-13 BJA Meeting Materials

3-15-13 BJA Meeting Materials

4-19-13 BJA Meeting Materials

5-17-13 BJA Meeting Materials

7-19-13 BJA Meeting Materials

8-16-13 Meeting Materials

9-20-13 BJA Meeting Material

10-18-13 BJA Meeting Materials

11-15-13 BJA Meeting Minutes

12-13-13 BJA Meeting Materials

1-17-14 BJA Meeting Materials

2-21-14 BJA Meeting Materials

3-21-14 BJA Meeting Materials

5-16-14 BJA Meeting Materials

6-20-14 BJA Meeting Materials

7-18-14 BJA Meeting Materials

9-19-14 BJA Meeting Materials

10-17-14 BJA Meeting Materials

11-21-14 BJA Meeting Materials

12-12-14 BJA Meeting Materials

1-16-15 BJA Meeting Materials

2-20-15 BJA Meeting Materials

3-20-15 BJA Meeting Materials

5-15-15 BJA Meeting Materials

6-19-2015 BJA Meeting Materials

8-21-15 BJA Meeting Materials

9-18-15 BJA Meeting Materials

Board of Judicial Administration – the BJA

December 24, 2012 / / Comments Off on Board of Judicial Administration – the BJA

The Board of Judicial Administration was created in 1987 to provide direction to the Administrative Office of the Courts.

2012 BJA Bylaws

2012 BJA Members

2012 BJA Rules

Mission Statement BJA

2014 BJA Members

 

The BJA holds public (for now anyway) meetings once a month, they also hold “secret meetings” after the public one and then the following day, requests for records pertaining to these secret meetings have gone unanswered by the AOC.

2-17-12 BJA Meeting Agenda

3-16-12 BJA Meeting Agenda

4-20-12 BJA Meeting Agenda

5-18-12 BJA Meeting Agenda

6-15-12 BJA Meeting Agenda

7-20-12 BJA Meeting Agenda

9-21-12 BJA Meeting Agenda

10-19-12 BJA Meeting Agenda

11-16-12 BJA Meeting Agenda

12-14-12 BJA Meeting Agenda

1-23-13 BJA Meeting Agenda

3-15-13 BJA Meeting Agenda

4-19-13 BJA Meeting Agenda

5-17-13 BJA Meeting Agenda

7-19-13 BJA Meeting Agenda

8-16-13 BJA Meeting Agenda

9-20-13 BJA Meeting Agenda

10-18-13 BJA Meeting Agenda

11-15-13 BJA Meeting Agenda

12-13-13 BJA meeting Agenda

1-17-14 BJA Meeting Agenda

2-21-14 BJA Meeting Agenda

3-21-14 BJA Meeting Agenda

5-16-14 BJA Meeting Agenda

6-20-14 BJA Meeting Agenda

7-18-14 BJA Meeting Agenda

9-19-14 BJA Meeting Agenda

10-17-14 BJA Meeting Agenda

11-21-14 BJA meeting Agenda

12-12-14 BJA Meeting Agenda

1-16-15 BJA Meeting Agenda

2-20-15 BJA Meeting Agenda

3-20-15 BJA Meeting Agenda

5-15-15 BJA Meeting Agenda

AOC Lobbying

December 24, 2012 / / Comments Off on AOC Lobbying

Disclosures made by the AOC to the PDC concerning their lobbying efforts-

1-25-07 AOC L5

1-26-11 AOC L5

1-29-08 AOC L5

1-29-10 AOC L5

1-30-09 AOC L5

1-31-06 AOC L5

1-31-12 AOC L5

4-19-07 AOC L5

4-25-11 AOC L5

4-27-06 AOC L5

4-28-08 AOC L5

4-29-09 AOC L5

4-30-10 AOC L5

7-25-08 AOC L5

7-27-10 AOC L5

7-29-07 AOC L5

10-13-06 AOC L5

10-13-09 AOC L5

10-25-11 AOC L5

10-28-10 AOC L5

10-30-08 AOC L5

7-26-11 AOC L5

 

Notice the term “private funds” is disclosed, what is this private funds? it is a secret bank account controlled by the BJA members without any of their names on the account however.

Superior Court Judicial Lobbying

December 24, 2012 / / Comments Off on Superior Court Judicial Lobbying

Here are some of the required forms as filed by “The Association of the Superior Court Judges of the State of Washington” on record with the Public Disclosure Commission (PDC)

2-14-08 PDC SCJA L3

2-17-12 PDC SCJA L3

2-22-10 PDC SCJA L3

2-23-11 PDC SCJA L3

2-25-99 PDC SCJA L3

2-26-03 PDC SCJA L3

2-26-04 PDC SCJA L3

2-27-00 PDC SCJA L3

2-27-98 PDC SCJA L3

2-28-01 PDC SCJA L3

2-28-02 PDC SCJA L3

2-28-05 PDC SCJA L3

2-28-06 PDC SCJA L3

2-28-07 PDC SCJA L3

3-01-97 PDC SCJA L3

3-02-09 PDC SCJA L3

3-06-09 PDC Email 1 SCJA L3

3-06-09 PDC Email 2 SCJA L3

3-10-09 PDC SCJA L3

 

Notice on many of these official filings that address listed is the address of the AOC building in Olympia and the group “SCJA” did not legally exist until June of 2012.

What this means is that these lobbying efforts were conducted in contrast to many State laws, and where did the money come from?

 

DMCJA – District and Municipal Court Judges Association

December 24, 2012 / / Comments Off on DMCJA – District and Municipal Court Judges Association

The DMCJA was authorized by the Legislature as was their older brother the Superior Court Judges but the lawmakers gave them no description as to what the purpose was or mission was. To a large degree the DMCJA has played by the rules, they incorporated, they maintain a UBI license and they pay their taxes (or at least report to the IRS on Form 990).

2012 DOR UBI DJMCA

DMCJA Bylaws

DMCJA Registered Agent Hinchcliffe AOC Lawyer Lookup

DMCJA Statistics

DMJCA SOS Corporation

2004 DMCJA IRS Form 990

2005 DMCJA IRS Form 990

2006 DMCJA IRS Form 990

2007 DMCJA IRS Form 990

2008 DMCJA IRS Form 990

2009 DMCJA IRS Form 990

2010 DMCJA IRS Form 990

Some history on the Lobbying efforts the DMCJA has engaged in over the years-

1997 DMCJA L3

1998 DMCJA L3

1999 DMCJA L3 Amended

1999 DMCJA L3

2000 DMCJA L3

2001 DMCJA L3

2002 DMCJA L3

2003 DMCJA L3.

2004 DMCJA L3

2005 DMCJA L3

2006 DMCJA L3

2007 DMCJA L3

2008 DMCJA L3

2009 DMCJA L3

2010 DMCJA L3

2011 DMCJA L3

2012 DMCJA L3

2012 Melanie Stewart and Associates L2

DMCJA still however is provided at least one full time AOC staff member (public funds diverted for private cause). The AOC claimed authority to violate the Constitution is the legislation creating the AOC-

1957 Legislative Session Chapter 259 Creation of AOC

 

The Association of the Superior Court Judges of the State of Washington History

December 24, 2012 / / Comments Off on The Association of the Superior Court Judges of the State of Washington History

Legislative History of the Association of Superior Court Judges-

1933 Legislative Session Chapter 58 SCJA Created

1951 Legislative Session RCW

1955 Legislative Session Chapter 38

1957 Legislative Session Chapter 259 Creation of AOC

1973 Legislative Session Chapter 106

1981 Legislative Sessions Chapter 331

1987 Legislatiive Session Chapter 202 SS 102

1996 Legislative Session Chapter 82

2005 Legislative Session Chapter 182

2005 Legislative Session Chapter 282

All of these sessions are mentioned in Washington RCW Title 2.16 which is the Code Reviser publication.

There are a few mentions of some earlier Legislative Sessions in 2.16 as well-

1889-1890 Legislative Session Pg 344 Section 13. Rules

1925 Legislative Session Chapter 118

 

The Association was authorized in a very limited manner, unlike the District and Municipal Court Judges Association, providing for the relief from the overcrowded court conditions of 1933 and a mechanism for meetings to conduct the Constitutionally mandated Uniform Court Rules. Each Judge is sworn a oath to the Constitution prior to taking office and upon each re-election to office, these are maintained by the Washington Secretary of State.

 

Barbara Jo Fulton and the US Department of Justice

December 24, 2012 / / Comments Off on Barbara Jo Fulton and the US Department of Justice

In 2010 Judge Steve Warning of Cowlitz County began to suspect something was not adding up in the Check book maintained by the non entity “SCJA” at Key Bank, he suspected maybe $30,000 or so was missing. A Thurston County CPA firm was retained to examine this account and the initial amount of cash missing began to gown into the low/mid six figures, at some point some unknown person reported this crime to the Thurston County Sheriff 3-09-12 PRR Thurston County Sheriff, who referred the case to the WSP, the records for this transfer have been lost both by the WSP and TCSO 3-07-12 PRR WSP 2-25-12 PDR WSP SCJA Ericsson Investigation. The WSP investigated and contacted the FBI who took the case over.

Fulton attempted to conceal her activity by producing a false check register and attempted to explain away the missing cash. The FBI arrested her and the US DOJ filed bank fraud charges against her 5-19-11 Charging Document.

The complete Federal Case documents-

5-26-11 Government Sentencing Memorandum 5-26-11 Memo Exhibit A 5-26-11 Plea Agreement 9-12-11 Barbara Jo Ericsson US District Court Docket

Jenny Durkan DOJ issued a small press release shortly thereafter 9-16-11 US DOJ Durkan Barbara Ericsson.

Bank fraud happened here, no question but how can a non entity be a victim? How can the acquisition of this money be explained?

It is like the CPA who steals his drug dealer clients money and gets caught and convicted but the drug dealer goes right along selling his poison to school children.

Barbara Jo Fulton and Thurston County Superior Court

December 24, 2012 / / Comments Off on Barbara Jo Fulton and Thurston County Superior Court

In 2011 the Superior Court Judges of this State brought a civil action against Fulton, 5-26-11 SCJA Complaint the Thurston County Chief Presiding Judge Carol Murphy assigned the case to herself 5-26-11 TCSC Notice of Assignment, even though she was one of the plaintiff’s (notice on this assignment the parties names have been left off the document), Judicial Cannon 2.11 is crystal clear on this issue, Judge Murphy apparently feeling fairness could not be provided proceeded to assign Thurston County Chief District Court Judge Brett Buckley to the case, she relied upon a CR (Court Rule) to accomplish this likely drawing into question her decision not to have all parties in the action agree in writing to such substitution. No order assigning Judge Buckley appears in the public record of this case. Thurston County Superior Court Administer Marti Maxwell provided this excuse and also acknowledged the actors of TCSC were aware of the violations prior.

9-02-12 TCSC Clerk Betty Gould PRR Response 1 Fulton

9-04-12 TCSC Clerk Betty Gould PRR Response 2 Fulton

8-29-12 TCSC Marti Maxwell Response for Thurston County Commissioners

8-29-12 TCSC Marti Maxwell Response Number 2

8-29-12 TCSC Marti Maxwell Response

8-29-12 TCSC Public Records Response – Thurston County Board of Commissioners

9-04-12 TCSC Clerk Betty Gould PRR Email response

9-14-12 TCSC Clerk PRR SCJA Payments 1009’s

9-14-12 TCSC Marti Maxwell Response for Thurston County

 

Fulton responded 6-20-11 Fulton Answer after service was perfected 6-03-11 Declaration of Service she clearly appreciated her situation and offed little if any defense. Buckley entered a Judgement 9-16-11 Judgement and Fulton was free to continue her 24 month Federal Prison Sentence.

The only other additional documents which appear on the case file at TCSC-

5-26-11 SCJA Summons 5-26-11 SCJA Filing Fee Reciept 5-26-11 TCSC Case Cover Sheet

The case was short lived by any standard no doubt because Ms. Fulton knew if ALL 279 or so Judges were suing her in their house little defense or protections of her rights could brought.

Some serious questions arise out of this case; Who is the group claiming to be the SCJA? Here are business license searches 2-22-12 DOL SCJA License Search 2-22-12 DOR SCJA Search 2-22-12 SOS SCJA Corporation Search showing no such Association or Business by that name Existed in the State. The Association of Superior Court Judges was in 1933 created by a Legislative act with a specific name “The Association of the Superior Court Judges of the State of Washington” 1933 Legislative Session Chapter 58 SCJA Created. How was a non entity allowed to bring a lawsuit against a common citizen? When it is brought by the Judge hearing the case in the Court which was home to this Judicial actor.

The questions do not stop there, how was it that this non existent group came into possession of such large sums of money? Why did some of the most powerful Judges in the State like Richard McDermott, Laura Inveen, Teri Eitzen, Steve Warning, Deb Fleck not bother to occasionally balance the single checkbook maintained by non existent group? How did they even open a Bank Account? Whose names are on that Bank Account?

Simply put Ms. Fulton made poor and criminal decisions to divert these funds but to hold her accountable by abusing everything the Judicial system stands for in the process is the real crime.

Administrative Office of the Courts

December 23, 2012 / / Comments Off on Administrative Office of the Courts

Creation of the Administrative Office of Courts

 

1957 Legislative Session Chapter 259 Creation of AOC

 

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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