Today I filed my reply to Scott Ellerby’s opposition to my motion for a new trial based in the Rule of Superior Court which states a new trial must be granted in instances of attorney fraud, misconduct or other improprieties by the opposing party. In this case the misconduct has been comitted by Ellerby and his Counsel, Jeffrey Downer
In addition, as noted in my reply, Judge Hull is in violation of law, and the Code of Judicial Conduct. A judge must perform his duties, which are defined by law, such as RCW 2.08 Rules of Superior Courts, RCW 4.04 Rule of decision, … especially RCW 42.20.100
Failure of duty by public officer a misdemeanor. Whenever any duty is enjoined by law upon any public officer or other person holding any public trust or employment, their willful neglect to perform such duty, except where otherwise specially provided for, shall be a misdemeanor.
Judge Hull had never presided over the case and is barred, by law, from rendering any decision in this case. Of course Judge Hull rendered a number of decisions, which included a decision to award Ellerby $88,000 in judgment. The WA State Statute that Hull has violated is RCW 2.28.030. Judge Hull has witnessed and provided evidence of ‘unlawful conduct’ by attorneys Jeffrey Downer, Scott Ellerby, Justice Penoyar, Cassandra Noble and took NO ACTION to prevent or correct or report these instances of misconduct… a clear violation of Judge Hull’s failure to perform his duty as mandated by RCW 42.20.100.
UPDATE: 8/10/2013. Unofficial transcript of my argument before Judge Hull. Click “TRANSCRIPT”. Hull has taken the matter under advisement.
UPDATE: 11/04/2013. Today I filed a complaint against Judge Kevin Hull, for his ethical violations, with the Commission on Judicial Conduct. Click this link to read the full complaint.Complaint against Judge Kevin Hull