UPDATE 9/15/2013: Complaint filed with the Commission on Judicial Conduct
This “officially” begins my quest to get Joel Penoyar removed from the bench of Division II, Court of Appeals.
As a first step I’ve asked my state’s representatives to address the issue as the “integrity of” and “faith in” our judicial BR depends upon the highest ethical values if not only to adhere to the requirements of law. Joel Penoyar has violated both — ethical and lawful obligations.
Angel –Seaquist — Schlicher
However, to ask a politician to address “honesty in government service” …. well, whom am I trying to fool. The following letter is a copy sent to my representatives for their response… Stay tuned.
TO: Senator Nathan Schlicher
CC: Representative Jan Angel
Representative Larry Seaquist
FROM: Mr. Bill Scheidler
STREET ADDRESS: 1515 Lidstrom Pl E
Port Orchard, WA 98366-4812
PHONE: (360) 769 – 8531
SUBJECT: Justice Joel Penoyar committed crimes and violated CJC
MESSAGE: Dear Senators and Representatives.
I take it very seriously when a Judge, in this case Justice Joel Penoyar of the Court of Appeals Div. II, commits perjury, and, aids in the unlawful conduct of his colleagues, attorneys Scott Ellerby and Jeffrey Downer. I hope you will join with me in my effort to insure Judges adhere to the highest standards of truth and honor [See RCW 2.48.210], and NEVER use their power to aid others in their criminal conduct. [See RCW 42.20, among other constitutional and statutory prohibitions]
These are the FACTS which prove Justice Joel Penoyar committed perjury [RCW 9A.72]; made a false report [RCW 42.20.040 False report. Every public officer who shall knowingly make any false or misleading statement in any official report or statement, under circumstances not otherwise prohibited by law, shall be guilty of a gross misdemeanor] and aided and abetted in the commission of criminal conduct of others. [RCW 9A.08]
Justice Joel Penoyar, along with Justices Armstrong and Johanson blatantly lied in their official report. The full report can be read at http://www.leagle.com/decision/In%20WACO%2020120717D42
The lie told by Penoyar, Armstrong and Johanson concerns Scheidler’s “true pleading” that is falsely portrayed by these corrupt justices in their official document. This “LIE”, beyond the obvious, has larger implications — it saves attorneys Scott Ellerby and Jeffrey Downer from conduct that would otherwise be ‘UNLAWFUL’!
In short, Justices Penoyar, Armstrong and Johanson, untruthfully, claim that I based my “PRIVACY” upon RCW 5.60.060(4), when in truth I based my privacy upon RCW 5.60.060(9).
The exact quote from this “Official document” is as follows, “Scheidler contends that the sanction was erroneous because “the substantive issues centered upon privileged communication.” Appellant’s Br. at 16. Scheidler cites former RCW 5.60.060 (2009).”
In TRUTH, and I quote from my brief, which can be read in its entirety at this link http://www.courts.wa.gov/content/Briefs/A02/425912%20Appellant’s%20Brief.pdf#search=scheidler pages 44 et seq.
“Scheidler basis his argument on the plain reading of statute RCW 5.60.060(9). Ref: VRP, Transcript of August 21,2009, CP 461-625: Scheidler: “Mental health records are privileged. They are under RCW 5.60.060(9). He (Downer) wants to pretend they are under (4)(b).” [RP at 588].” See page 46.
This LIE, told by these judges, have more significant implications than simply ‘switching’ the statute — it switches who committed misconduct! It also presented a broader issue (an issue of first importance) that should have been addressed by these Justices. This “switching of a statute” is not only a violation of law, but a violation of a citizens right to present issues of first impression and of public importance for judicial.
Clearly, all of these issues can be swept under the rug when Justices Joel Penoyar, Armstrong and Johanson simply “perjure” Scheidler’s pleading and make the false claim that Scheidler based his argument on the ‘OLD’ statute, RCW 5.60.060(4)(b). When in TRUTH, Scheidler based his argument on the NEW statute RCW 5.60.060(9).
Please join me in my effort to “clean-up” a corrupt judiciary.
Sincerely, Bill Scheidler, Port Orchard, WA 98366. Phone 360-769-8531. Web site: http://www.corruptwa.com
RESPONSE: Mr. Scheidler has requested a response to this message.