Governments “just powers” — who decides? RECALL of Judge Holman moves to Supreme Court!

By: Chief Activist

The petition to recall Judge Stephen Holman moves to the WA State Supreme Court. Early last week, Judge Frank Cuthbertson “dismissed” a citizens petition to recall Judge Holman. Judge Frank Cuthbertson ruled that it is the “courts” function to protect “public officials” from insufficient allegations contained in a petition for the recall of any elected official. Judge Cuthbertson didn’t explain why the very fact that a “voter” can make this decision by either “voting for or against” the recall, as the constitution provides, but only that it is in his power to make that decision for voters.

Scheidler vowed to protect our constitutional rights of petition, and a voter’s right to decide, and is taking this matter to the WA State Supreme Court. But that maneuver isn’t as simple as it should be. Scheidler contends that the “courts” intrusion into a citizens constitutional right to bring a recall petition to the voters is unconstitutional. WA Constitution Article 1, Section 33, says nothing about a court being a ‘gatekeeper’ or having a function to “protect an elected official” against voters. The rub is the “Court” will decide its own power. This raises other constitutional and statutory issues – if governments are only granted “just powers” as Article 1, Section 1 states, how can a court (the judicial government of the state) decide for itself its “just powers”. Furthermore, WA Law “limits” what the Supreme Court can do and what “decisions” it can make. RCW 2.28 and more specifically RCW 2.04.020, which seems to say that the Supreme Court can only make decisions that meet with the approval of citizens by the language of RCW 4.04.010 that says, “according to the rules and procedures of the common law.” The wrinkle comes in what the legislature goes on to say about the “common law”, and this is pivotal.

RCW 4.04.010
Extent to which common law prevails.
The common law, so far as it is not inconsistent with the Constitution and laws of the United States, or of the state of Washington nor incompatible with the institutions and condition of society in this state, shall be the rule of decision in all the courts of this state.

Scheidler contends that “just powers” a “voters rights” a “citizens rights of recall” and the language of RCW 4.04.010 all mean that “citizens” must be the ultimate arbiter, NOT government deciding from themselves what their power is. Scheidler is demanding the Supreme Court transfer this case to another court “outside the state” or place the issue before a jury.

But these twists and turns aren’t the only ones in this case … Are the Court’s “court rules” established and applied as mandated by the delegated authority to establish rules? Can the Court’s “court rules” be used to deprive a citizen of a “jury trial”? Must WA State Bar associates disqualify from serving as judge when another WA State Bar associate is a party? And there are still more twists and turns.

So stay tuned…. I’m sure the Kitsap County Prosecutor, who is representing Judge Stephen Holman will be asking the Supreme Court “sanction” Scheidler because of his claims to his constitutional right is “frivolous.”

5 Comments

  • William D. Webster:

    Frank Cuthbertson is a convicted criminal and is/was a member of a subversive group. He has no jurisdiction as a judge and is in violation of Washington state laws as you cannot be a member of a subversive group(member of the Communist Party) and an elected official. Frank Cuthbertson was arrested and convicted for dangerous weapons and there is still an arrest warrant out for him not paying his court costs. He cannot set on this case or any other. Any decisions he makes or has made in the past is null and void. I have the arrest /conviction record showing that he is to be arrested again. You want Frank’s arrest record, contact me. He also lied to the police at the time of arrest and gave a false home address. Frank is a real piece of work.

    The Supreme Court, what a joke. On the front of the building it says “Temple of Justice.” It should say “Temple of Injustice.” You will get no justice from those criminals in black robes. There is only one way that justice will be served and the criminal organization that now runs Washington State (WSBA) and the one that runs our country the American Bar Association and State Bar Associations are uncovered and thrown out , and that is to do like our forefathers wrote in the Declaration of Independence and for the citizens to do our “Duty.” It won’t be pretty, but we will once again have our country back.

    • Chief Activist:

      Yeah, Just got an email from the Supreme court… they will not act on my appeal unless I pay $290. Wow, our constitution has been gutted by those who are suppose to uphold it.

      Here is Cuthbertson’s arrest record you provided me Page 1 Page 2.

    • Guy Bini:

      This is an interesting tangle to say the least and I hope there are many other WA state residents that will find this just as fascinating. It seems that if the CJC, WSBA and now the WA Supreme Court continue to run cover for these criminals, then we must find other citizens that have been offended in a similar manner…and hope they have the same fire in their bellies to follow thru and create the necessary bad PR that filing complaints will do…well, sometimes. There must be other types of criminal conduct that these misanthropes have failed to cover up. Many times its in plain sight. Is there a round table of sorts anywhere in order to share experiences or is the blog the best way to go? There are other concerned citizens whose experiences may be found to be beneficial to past, present and future victims of judicial misconduct that need privacy issues for a number of reasons. There are many ways to apply pressure. Keep on pressing!

      • Chief Activist:

        Guy, you’re on the mark with your comment. Some of what we are finding through blogging… We have found others who share the same horror stories; some are willing to get involved. The problem is in finding a solution that appeals to everyone. Many of the “victims” are elderly, poor or have been so badly treated by those we trust they just don’t have the means or “fire” to do what is necessary. The things we believe are necessary ALL rest with the people, whether it is campaigning, filing initiatives, lobbying, gathering signatures***, filing lawsuits, protesting …. only we the people can bring about the needed reforms and oversight.

        Keep in mind, we are trying to restore “truth and honor” to governmental service and demand that those in government obey the law. But they are the “government” with all the necessary infrastructure to self-protect. In other words our public servants have all the necessary people, money, power in decision making places, including judges that our government is no longer ‘answerable’ to citizens. And for the most part the PRESS hasn’t done its job in “informing” citizens of the corruption that is in the hands of the decision-makers. This “overwhelming” force has manged to build this empire over decades because most people ‘believe’ in the “propaganda” and the ‘lingering belief’ in how we are the “greatest nation” and refuse to believe in the tried and true adage “power corrupts, absolute power corrupts absolutely”. The wrong people are in charge and have been and continue to destroy this ‘greatest nation’ by their quest for more power, wealth and control over citizens.

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