Class Action claim against WA State initiated – Separation of Powers, implicated!

By: Chief Activist

CCF06262014_0000-0002Today a claim against the State of Washington for the “Tortious conduct of state or its agents” [See RCW 4.92] has been sent to WA State Department of Enterprise Services, Office of Risk Management.  The nature of the claim, which can be read at this link Tort Claim against WA-signed is summarized by Appendix A that is attached to the claim, which states the following.

 

June 24, 2014

Risk Management
1500 Jefferson Street E
PO Box 42445
Olympia, WA  98504-2445
riskmanagement@des.wa.gov

WA State Attorney General
1125 Washington Street SE
PO Box 40100
Olympia, WA  98504-0100

Governor
Office of the Governor
PO Box 40002
Olympia, WA 98504-0002

Federal Bureau of Investigation
1110 3rd Avenue
Seattle, WA 98101-2904

Department of Justice
United States Attorney’s Office
700 Stewart Street, Suite 5220
Seattle, WA 98101-1271

To each and every one of you,

  1. We, the undersigned, make this Class Complaint and for Damages against the State of Washington.

 

  1. Washington State established the Washington State Bar, See RCW 2.48, for the purpose of regulating the practice of law, lawyer discipline and lawyer conduct for the protection of and to maintain individual rights. See Rules of Professional Conduct, See Admission and Practice rules, See Rules for Enforcement of Lawyer Conduct, See RCW 18.130.180(1 and 7).

 

  1. The Washington State Bar, and thereby, Washington State, is in breach of their duty to protect and maintain individual rights by turning a blind-eye to lawyers misconduct, and injury has occurred, is occurring and will continue to occur until the Washington State Bar performs the duty intended by the people of this state through the laws passed.

 

  1. Washington State established the Commission on Judicial Conduct, see Article 4, sect 32 and RCW 2.64, for the purpose of regulating judges through discipline or removal for the protection of and to maintain individual rights.

 

  1. The Commission on Judicial Conduct, and thereby, Washington State, is in breach of their duty to protect and maintain individual rights by turning a blind-eye to judicial misconduct and injury has occurred, is occurring and will continue to occur until the Commission on Judicial Conduct performs the duty intended by the people of this state through the laws passed.

 

  1. To say it another way, the Washington State Bar (Bar or WSBA) solicits complaints against lawyers from those injured (grievant) through their web site or via mail.  The Bar instructs the grievant to explain, ‘in their own words’, the nature of their complaint. The Bar receives thousands of complaints every year from citizens who have been injured by a lawyer and law firms.   The Bar dismisses nearly all complaints without an investigation or without conducting follow-up interviews with the grievant before the grievance is dismissed.  There are NO appeal rights beyond the WA State Bar.  As a consequence neither the individual nor the public is served by this breach in duty by the ‘routine dismissals’ against lawyers who violate the law and/or their ethical obligations leaving no further review or remedy available.

 

  1. The power of the legislature to hold responsible those members of the judicial branch ultimately responsible for this breach of duty by the WSBA is the only deterrent remaining. However the legislature has declined to exercise their power to “check” the corruption within the judicial branch.

 

  1. The typical allegations made by grievants against lawyers and routinely dismissed by the Bar are as follows.

 

  1. FACTS: Re the WSBA

a)              The complaints filed with the Bar allege violations of law –perjury, false reporting, fraud, deceit, theft and other serious offenses and/or failure to abide by their statutory oath, communicate honestly, keep records, turnover files and for other ethical violations.

b)             Complaints allege lawyers ‘fan the flames’ in bitter disputes between spouses, children and parents, heirs and executor(trix), so as to drive up the cost inherent in such disputes to a point where everything of value ends with the lawyers including children and the elderly.

c)              Complaints allege lawyers work behind the scenes with judges, government agencies and even with opposing parties so as ‘tactically’ strip individuals of their assets, their children, their disabled parents to prolong litigation, increase costs, or ‘sell out’ their client in order to satisfy the greed and power of the legal enterprise.

d)             Complaints allege members of the WSBA aid and abet in covering up each other’s violations of law and rules.

e)              Complaints allege prosecutors hide or tamper with evidence, suborn perjury, engage in unlawful ex-parte communication with judges.

f)               Complaints allege disbarred lawyers continue to practice law.

 

  1. At best the ‘investigating official’ usually instructs the grievant that “should there be a judicial finding of impropriety the grievance may be reopened.” Thus the Bar leaves it to the individual the burden of ‘regulating the profession’ in seeking a judicial finding of impropriety.

 

  1. The Washington State Commission on Judicial Conduct (CJC) instructs individuals through their web site how to submit grievances against a judge, which must be done or via mail or fax.  The Commission on Judicial Conduct (CJC) receives hundreds of complaints every year from citizens who have been injured by a judge or justice or another entity within the judicial branch.  The CJC dismisses nearly all complaints without an investigation or without conducting follow-up interviews with the grievant before the grievance is dismissed.  There are NO appeal rights beyond the CJC.  As a consequence neither the individual nor the public is served by this lack of duty in the ‘routine dismissals’ against judges who violate the law and/or their ethical obligations leaving no further review.

 

  1. The power of the legislature to hold responsible those members of the judicial branch ultimately responsible for this breach of duty by the CJC is the only deterrent remaining. However the legislature has declined to exercise their power to “check” the corruption within the judicial branch.

 

  1.  FACTS: Re the Commission on Judicial Conduct:

a)              The complaints filed with the CJC allege violations of law –perjury, false reporting, fraud, theft, collusion, bribery, and other serious offenses that obstruct and deny justice.

b)             Complaints note judges refuse to disqualify themselves under law, RCW 2.28.030, or due to prejudice under RCW 4.12.040

c)              Complaints mirror those noted in 9 above.

d)             The CJC dismisses nearly all complaints without an investigation, or fail to assign an investigator so the complaint ‘dies on the vine’.

 

  1. The affidavits by those individuals who have been harmed by the unlawful and unethical conduct by lawyers and by lawyers who serve as judges, which they attach to their individual Claim illustrate the extent of harm that has occurred, is occurring and will continue to occur unless these ‘regulatory’ agencies, the WSBA and the CJC, are made to function as the law intends; or the legislature exercises their constitutional obligations to rescue victims from the failures of the judicial branch and “check” the corruption by employing their constitutional power.

 

  1. The unacceptable culture within the WSBA and CJC is a consequence of decades of moral and ethical inbreeding – violation of the separation of powers doctrine, in WA State Bar members occupy both judicial office and legislative office, no citizen oversight or fair and speedy grievance procedures, claims of immunity by members of the WSBA, and no oversight by the WA legislature – clearly a consequence in the legislature being occupied by WA State Bar Members who serve the Judicial Branch.

 

  1. The legislature fails to protect and maintain individual rights by forsaking their power to remove corrupt judges or those who fail to prosecute corrupt judges under ARTICLE IV, THE JUDICIARY, SECTION 9 REMOVAL OF JUDGES, ATTORNEY GENERAL, ETC.

Any judge of any court of record, the attorney general, or any prosecuting attorney may be removed from office by joint resolution of the legislature, in which three-fourths of the members elected to each house shall concur, for incompetency, corruption, malfeasance, or delinquency in office, or other sufficient cause stated in such resolution. But no removal shall be made unless the officer complained of shall have been served with a copy of the charges against him as the ground of removal, and shall have an opportunity of being heard in his defense. Such resolution shall be entered at length on the journal of both houses and on the question of removal the ayes and nays shall also be entered on the journal.  

 

  1. Or the legislature fails to Impeach those Supreme Court Justices who are ultimately responsible for the administration and functioning of the WSBA and CJC. The legislature’s power of impeachment is provided by ARTICLE V IMPEACHMENT

 

SECTION 1 IMPEACHMENT – POWER OF AND PROCEDURE. The house of representatives shall have the sole power of impeachment. The concurrence of a majority of all the members shall be necessary to an impeachment. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. When the governor or lieutenant governor is on trial, the chief justice of the supreme court shall preside. No person shall be convicted without a concurrence of two-thirds of the senators elected.

 

SECTION 2 OFFICERS LIABLE TO. The governor and other state and judicial officers, except judges and justices of courts not of record, shall be liable to impeachment for high crimes or misdemeanors, or malfeasance in office, but judgment in such cases shall extend only to removal from office and disqualification to hold any office of honor, trust or profit, in the state. The party, whether convicted or acquitted, shall, nevertheless, be liable to prosecution, trial, judgment and punishment according to law.

 

SECTION 3 REMOVAL FROM OFFICE. All officers not liable to impeachment shall be subject to removal for misconduct or malfeasance in office, in such manner as may be provided by law.

 

  1. Because the “judicial branch” interprets the laws, sets their own rules, determines who gets immunity under law – either statute or common — who can file charges against whom, and so on,  individuals have lost their right of petition, right to bring an information against officials, right to a jury, and lost their inherent and retained powers.  Said another way, the people of WA State lost control over the governments that serve them.  The “judicial branch” is constantly eroding the peoples’ rights and protections and this conduct that is repugnant to a civilized society mandates the legislature become increasingly vigilant – hyper vigilant, in how the judicial branch exercises their power in its effort to control our society.

 

  1.  Because of the legislatures blind-eye towards the loss of individual rights and protections harm has been inflicted upon the undersigned by a judicial branch out-of-control and uncheck by the legislature.

 

Signature of concurring claimants.  [Note exceptions by paragraph number]

I ______________________ concur  [Exceptions:  none]

William Scheidler

I_______________________  concur  [Exceptions:

John Worthington

I_______________________  concur  [Exceptions:

Cameo Massey

I_______________________  concur  [Exceptions:

Bruce Gambill

I_______________________  concur  [Exceptions:

Christopher Hupy

I_______________________  concur [Exceptions:

Ron Estes

I_______________________  concur  [Exceptions:

Kyla Estes

I_______________________  concur  [Exceptions:

Andrea Jackson

I_______________________  concur  [Exceptions:

Dina Keller

I_______________________  concur   [Exceptions:

Anne Block

I_______________________  concur  [Exceptions:

Robert Grundstein

I_______________________  concur  [Exceptions:

Claudia Donnelly

I_______________________  concur  [Exceptions:

Sharon Carter

I_______________________  concur  [Exceptions:

Luis Ewing

The Office of Risk Management has 60 Days in which to respond.

State tuned.

3 Comments

  • scarterwa0:

    With publicity, signatures would be submitted by every person that was forced to pass our “halls of justice” because even if you win, you lose, because my former husband won our child for nearly 6 years, but after the courthouse scoundrels (Audrey Osborne, guardian, Steve downing, atty, former Judge Frederick Fleming, Carolyn Elsey, attty, et al), swindled him out of his very last dime, he immediately lost custody of our son and he died broken and alone.
    The media could help here too, but understandably, they too fear what would become of them if they reported the horrific attorney, guardian, and judicial destruction and corruption. When word gets out, THIS ACTION WILL SNOBALL, and our courts will return as they once were.

  • rita:

    when the dust settles from the successful outcome,get em under RICO as they ARE an organization as defined via federal definitions- commit crimes -therefore organized crime.
    then u have18 U.S. Code § 1961 – Definitions
    racketeering-
    scroll through these codes and get the case cooking for federal charges as well.
    filing false evidence on and on-

    this 1s my favorite and easily applicable TO THEM

    18 U.S. Code § 4 – Misprision of felony==Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.
    LOL ! now how can THEY CLAIM they didn’t KNOW what crimes were reported to them under their “codes” ?

    GODSPEED TO ALL

  • Bruce Gambill:

    Well as I told you yesterday, we must be making these coward spineless despicable criminals squirm, knowing that we intend on suing them each personally including their employer, the State of Washington. A State that its own Government both Judicial and political needs nothing less than a good WASHING USING MASS QUANTITIES OF DISINFECTANT . TO RID OURSELVES & OUR STATE OF THIS CORRUPT ORGANIZED CRIME FRAUDULENT FILTH.

    Operating true to their despicable fraudulent Civil RICO nature that abuses the legal process and every other body or agency of authority within this State and this Corrupt scum that has taken control of our courts, laws, rights, lives and futures.
    Now in todays mail I received notice of a fraudulent TAX WARRENT being issued by the Wa. State Dept. of Revenue trying to illegally extort $17,805.53 from me based on nothing but my Federal income tax returns that had hardly nothing to do with my little side line business of selling various left over old collector car parts on line on ebay. For which since the beginning of my ebay membership back in 2004, I have had a whopping 67 sales, all of them being out of State to back East, or down South except 2 sales. One for which represented a set of 1967 Z28 Valve covers I sold to a guy who lives in Yelm Wa. 2 yrs ago for $225.00 for which I immediately paid the sales tax on to the State of Washington. And now my second in State sale taking place a couple of weeks ago selling an old horn to a guy who lives in Lakewood for which I collected another whole $3.00 in sales Tax for that I still owe Washington State for.

    So these organized crime criminals that abuse the tax Dept, the judicial System, CPS and every other means to illegally pervert the Authority of each Dept. to serve their own corrupt Obstruction of Justice fraudulent means, have just done me one hell of a favor by their ignorant retaliatory methods constantly employed to side track their victims from successfully exposing this criminal scum and sending them to the prisons they belong in, but not before suing them for their own personal assets and stripping them down to just their pathetic criminal fraudulent selves first. A message to this bunch of degenerate jerks, THATS RIGHT YOU LIGHTWEIGHT CORRUPT BUNCH OF HAND HOLDING FOOLS, I AM COMING AFTER YOU EACH PERSONALLY IN COURT TO MAKE YOU AND YOUR CORRUPT DEPARTMENTS PAY FOR YOUR ABUSE OF AUTHORITY AND THE LEGAL SYSTEM, AND FIRST YOU NEED TO KNOW THAT I HAVE PROVIDED PROOF OF YOUR FRAUD AND CRIMINAL INTENT TO OUR U.S. SENATORS, CONGRESSMEN, OUR STATE SENATORS AND THE WHITE HOUSE INCLUDING THE FBI AND DOJ. SO DONT BOTHER TO START TRYING TO HIDE YOUR ASSETS BECAUSE ANYTHING BUT THE INSIGNIFICANT TRASH SUCH AS YOURSELVES, CAN EASILY BE TRACED AND SIEZED NO MATTER WHO YOU SOLD IT TO OR WHERE YOU HAVE IT HID. I AM NOT INTIMIDATED BY THE ENTIRE LOT OF YOU GANGING UP ON ME ALL AT ONCE BECAUSE ITS A MATTER OF INTEGRITY AND SPINE , AREAS IN WHICH YOU ALL SHARE THAT TREMENDOUS VOID THAT YOU EACH KNOW FOR A FACT IS NO LESS THAN THE 100% TRUTH.

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