Today, January 16, 2014, John Worthington filed a “motion to intervene” in Scheidler’s criminal complaint against lawyers J. Reiko Callner and Felice Congalton for their “official misconduct” and other crimes against Scheidler. Callner is Executive Director, Commission on Judicial Conduct, and Congalton is Associate Director, WA State Bar.
John Worthington is another person who’s rights and protections were invaded by corrupt lawyers and judges. When Mr. Worthington filed grievances with the Commission on Judicial Conduct(CJC) and the WA State Bar, his grievances were dismissed by the Bar and CJC just like the 1000’s of others who file grievances with these “regulatory agencies”.
MOTION TO INTERVENE
This matter of lawyers deciding for themselves how far they can go in the mistreatment of people is either going to stop, or the ‘legal establishment’ by their corrupt hold on our ‘justice system’ will lead to another revolt.
I hope, for the sake of a civilized society, people like lawyers J. Reiko Callner and Felice Congalton and Justice Joel Penoyar (a lawyer) are weeded out and banished from public service.
If honesty in government is an important matter to you, please circulate these stories through all your contacts and “like” us on facebook.
Is it possible for my family to also ‘intervene’ We had 3 grievances filed against 2 separate lawyers, and the WSBA denied my mother the opportunity to view any of the information that the lawyer submitted to the WSBA in response to her grievance, going as far as claiming she was deaf? and then that she couldn’t speak the english language? She has an inner ear infection, so has difficulty hearing, but she has spoke English since she was a teenager and she is now almost 81. When I filed my own grievance, it was dismissed by Erica Temple with the same standard form letter used by Felice Congleton. When I refiled, it was dismissed again before she even reviewed the packet of information I was mailing to her. It contained court documents and transcripts showing evidence of repeated instances where the lawyer Perjured himself in court in statements he made verbally and in writing to the Judge.
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Cameo anyone can intervene in a lawsuit. However you should read carefully the Court Rules that pertain to “intervening”. It is Superior Court Rule 24… here is a link http://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=sup&set=CR&ruleid=supcr24
I would first recommend that you read the complaint and the “motion to intervene” as you will be asking the court to grant your intervention and you must meet the requirements. If you are unsure about anything, post your questions here and see if they can be answered.
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Felice Congalton is just another prime example as to just how blatantly-flagrantly corrupt the entire WSBA is . Those dirt bags at the fraudulent document altering defrauding WSBA are so corrupt, I told them all “they would stand before me and attempt to deny having 2 good legs if they thought it would help prevent them from being held accountable for some of their behind the tent at the carnival conduct”. The CJC is even a worse fraud to the public. I filed a complaint with them for the Superior court Judge Sergio Armijo’ allowing multiple appearances of (Now Disbarred) Gregory E. Grahn in my divorce hearings while Grahn was unlicensed,(suspended from practice) by the WSBA and the Supreme court. Grahn went ahead and defrauded me of the deed to my home that the Superior Court had already awarded me. Grahn went ahead along with Geoffrey C. Cross and defrauded me of not only the deed release that was proposed by them in court, agreed to be provided to me in no more than 24hrs from the time of that hearing , defrauded my innocent kids of their right to all past due child support , current support and all future support from their mother that had already been ordered to be paid by the superior court. Even though I had 2 separate Judgments against their mother for refusal to pay child support, and it is totally illegal for any court, any attorney to strip from innocent children their right to receive child support from an able bodied parent, the superior Court signed this illegal Order anyway. And the bought and paid for goons that run support enforcement honored it and never did a single thing about it. I filed time & date stamped motions for contempt of court and an emergency Motion both with detailed attachments to the Superior Court, Called multiple times telling the clerks Office and Judge Arimijo’s assistant that these insane bankrupt of ethics back stabbing attorneys were illegally forcing my home into default and illegally forcing me to lose my new fully approved and affordable mortgage contract. Severely damaging my good & hard earned credit. then wrote a letter that I filed with the Clerks Office to Judge Armijo’ re-explaining and re-notifying the court and Judge Armijo’ of the three separate currently ongoing felony crimes being committed agaist me by the attorneys and my now ex-wife. the Felony crimes of Conspiracy to defraud, the actual fraud itself, the felony grand theft of over $50,000.00 of my money from the trust account these 2 attorneys with blood hound noses for other peoples hard earned assets, and specifically the money I had agreed to pay upon delivery to me the fully signed and notarized deed release to my home. The Superior court never responded to the time& date stamped motions that I still have to this day. They never responded tot he letter or all the phone calls to avoid be held accountable for the unprofessional Gross negligence for allowing multiple appearances of an unlicensed attorney and the undeniable direct liability for exactly that So the superior Court obviously felt that it was far better to allow these 3 people(2 attorneys) to commit these most serious felony crimes, strip from innocent children their rights to over $30,000.00 worth of very much needed child support, allow a totally innocent victim to have his credit destroyed and be illegally forced into foreclosure and ultimately bankruptcy. Violate the Law themselves, breech their Oath to Office and figured I would just go down the drain of bankruptcy and never be heard from again. Wrong , this is still an ongoing Case that will prove the Superior Court , the Supreme court Clerk Ron Carpenter , the entire WSBA and its LFCP and the CJC al being nothing less than fraudulent and heavily involved with the employment of RICO, Color of Law, Home and Property theft, Obstruction of Justice, obstruction of investigation , Theft of money paid for a jury that was never provided, Abuse of Office, retaliation against a victim/witness. Point being when I went to the CJC with the Supreme Court Records of Grahn’s suspension from practice, the WSBA Records of Grahn’s suspension from practice, and the Superior Court records of all Grahn’s appearances in the Superior Court practicing Law making a mockery out of the Supreme court, the WSBA and the Superior court. Then also provided the CJC with copies of the time& date Stamped motions I filed with the Superior court that were never responded to and a copy of the filed letter to Judge Armijo’ that was never responded to , and clearly demonstrated that all these dates perfectly aligned with each other and that this was clearly an undeniable cover up and set up, Those phony fraud committing creeps at the CJC came back with that there was no clear preponderance of evidence of any wrong doing there now!
They must be an equal opportunity employer down at the CJC and hire the severely mentally challenged and the legally blind to review these complaints. Apparently they must have had Ol Ray Charles (God Bless his soul) and Stevie Wonder review my complaint, or they are so damn corrupt and they have been pulling this flagrant total BS on so many innocent citizens that they think its their God given right to do so and that we are all totally ignorant fools that do not deserve any rights, due process, our homes and property, our careers, absolutely nothing. There is a lot more illegalities that have taken place since because they retaliate and continue to injure you worse and worse each and every time. They will stop at nothing , I am currently fearful for my safety, for my life. they think nothing of having their goons/henchmen that mascaraed as the Pierce county Sheriffs Dept. go out and put the hurt to innocent victims if that is what is necessary to keep the truth from the public and ultimately being held accountable for their Felony criminal acts and direct involvement with attorney M. Jordan’s foreclosure mill that has Landlord Solutions(Jim Henderson) listed at the same exact address as Jordan’s law Office, which they conspire with Rainier Foreclosure Company Inc. in Seattle(Lora Schweet, wife of foreclosure attorney Schweet ) whereas through the protection and set up from the Superior court, steal the homes, property, vehicles, family heirlooms from, completely innocent victims. Working with Boush moving and storage in Puyallup Wa. whereas they hold what has not been already stolen, for $9000.00 ransom or lose that too. A nice tidy little in house Foreclosure mill and gang of idiot criminals they have given guns and badges to, so as to enforce these felony’s all on the authority of a known Null & void Order.
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Bruce, have you considered filing a “motion to intervene” in the lawsuit? As you know I’m not a lawyer and therefore I cannot represent your interests that are at stake in the lawsuit. As the WA State Constitution states in Art. 1, sec 1, “governments sole purpose is to protect and maintain individual rights”. Neither the WSBA nor the CJC, both government entities, have protected my “individual rights”…. if these agencies have been equally negligent or criminal with you …… let us tell a jury and get these criminals out of government and behind bars
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By all means, we should get together and talk about this. Two of us with double the violations, injuries and injustices from the very specific people we all are paying to do exactly the opposite would be a lot harder to bulldog, defraud and blatantly ignore as they are so accustomed to doing & getting away with only one victim at a time.
Needless to say, anyone who has actually fought one of these long lonesome type of battles, knows what the unavoidable effects of it on a person are. I want this never ending 13 year long nightmare from hell corrected, out of my life, my life restored the best it can be and move on way away from these sick twisted out of control predators..But only after they are booted fro their Office and have been charged with criminal Felony crimes they have committed.
Apparently I valued my credit, my life, career, real estate assets, 25 yrs worth of prior career achievements, family heirlooms, my Rights, My Right to be able to trust in the Court, Law enforcement, a lot more than they figured I would or what hey are use to getting away with. Unfortunately to some degree, its the public’s own fault.
In my specific issue, they have allowed themselves to become so eroded with Felony Criminal Corruption, and total disregard for their creation, purpose and outlined intent , that they are basically doing what ever illegal felony act they feel is going to possibly help save themselves from themselves. Its at a point to where I have so much undeniable consistent proof of evidence of guilt concerning so many of them, that I have grown a bit concerned for my own safety. Pierce County does not have the Dirty Corrupt Reputation it has had clear back in the Sheriff Janovich days for no reason at all. People disappear, unexplainable things happen and they see too it that is the way they remain. My ph.#253-212-7242 Give me a call
Bruce Gambill
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Thanks Bruce, you are right on the money with all you say… and I’m sure there will be more than 2.. more than 3… more than 4… who understand exactly what you and I and others write about. I’ll call you today …. also, my direct email is billscheidler@wavecable.com for any correspondence not for publication.
Thanks again Bruce
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My sympathies Bruce, I too have experienced inexplicable and outright illegal/corrupt goings-on with the handling of procedural documents involving child support/visitation/etc. issues, in my case with Mr. Penoyar’s courthouse in Pacific County at the time. So I know these things do indeed happen, evidently when it is the male rather than the female who is somehow connected with the primary parenting role.
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Please join this complaint. Together we can make a difference. Thanks Bill and Bruce.
JW
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My complaint I filed against Felice Congalton was rejected, but the general public now realizes that the court and their associates, is the last place to go if you want truth and justice – See classic denial email below. The internet is an awesome tool to get action to infinite courthouse victims who believed that they were the only ones. Great Work here!
From: Avvo [mailto:email@mail5.avvo.com]
Sent: Saturday, February 01, 2014 2:20 AM
To: scarterwa0@comcast.net
Subject: Alert: Your review for Felice Congalton was not approved. Please resubmit.
Please resubmit your client review for attorney Felice Congalton.
Greetings,
The review you submitted for Felice Congalton was not approved because it does not meet one or more of our community guidelines. If you wish to submit a new review for Felice Congalton, please be sure to…
• Make it clear in your review that you were a client of this attorney.
• Plainly state what you did or did not like about the attorney’s services.
• Refrain from making personal attacks, insulting comments, or accusations.
• Try to be as objective as possible.
Post a new review
Thanks for participating on Avvo,
The Avvo Team
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If we intervene, will the court want to access us $$$ like they did you bill ?
That would be my only concern..
I filed a complaint against 2 of the largest risk management law firms working for the state of washington and Felice Congalton ..
Stewart A. Estes | Keating, Bucklin & McCormack, Inc., and Kirkpatrick & Lockhart Preston Gates Ellis aka k/l gates – this was in 2007
In filing this complaint, k/l gates was formed and they joined others to hide the money because of fear of being sued.- http://en.wikipedia.org/wiki/K%26L_Gates
follow the time lines- History- 2007: On January 1, K&L Gates is formed in a merger between Kirkpatrick & Lockhart Nicholson Graham and Preston Gates & Ellis to form Kirkpatrick & Lockhart Preston Gates Ellis.[10] The name was later shortened to K&L Gates.
2008: In January, K&L Gates combined with Hughes & Luce, a Dallas, Texas-based firm of 150 attorneys with offices in Austin, Dallas, and Fort Worth
2008: In July K&L Gates combined with Kennedy Covington Lobdell & Hickman LLP, a North Carolina-based firm of 200 attorneys with offices in Charlotte, Raleigh, and Research Triangle Park.[11]
March 1, 2009: K&L Gates merged with Bell, Boyd & Lloyd, a Chicago based firm with approximately 215 attorneys with offices in Chicago, San Diego and Washington, D.C.
2013: K&L Gates combined with Australian national firm Middletons with offices in Melbourne, Sydney, Perth, and Brisbane
Notable lawyers and alumni
Jack Abramoff former lobbyist, writer- After a guilty plea in the Indian lobbying scandal and his dealings with SunCruz Casinos in January 2006, he was sentenced to six years in federal prison for mail fraud, conspiracy to bribe public officials, and tax evasion.
Slade Gorton, former two-term U.S. senator
Dick Thornburgh, former Attorney General of the United States and two-term Governor of Pennsylvania
Rick Santorum, former two-term U.S. Senator and 2012 Republican presidential candidate
Michael S. Greco, former American Bar Association president
Eric Schneiderman, the current New York Attorney General
Bart Gordon, former eight-term U.S. Congressman
Bill Neukom, former American Bar Association president and managing partner of the San Francisco Giants
William H. Gates, Sr, attorney and philanthropist. One of the founders of Preston Gates & Ellis (which merged to become K&L Gates)
Michael C. Ormsby, US Attorney for the Eastern District of Washington
Do any of these names sound familiar ? How about the money ?
The bar association clued me in on one thing about filing complaints… it is the functional equivalent of filing a notice of suit… almost like a tort notice.. if your not a club member.. and if your a club member.. better have some friends to back your side of the facts.. or you get CR11 sanctions..
And one other clue I was given… the RPC says “may” and not “shall” report a violation to the proper oversight commission.. i.e. bar for lawyers and CJC for judges..
In otherwords, it’s ok to be corrupt as long as none of your club buddies get offended… they all share in the pie the steal from the cases.. for their dinner table.. not ours.. we are their food..
James Barber Sr.
je.b.424@hotmail.com and on the issue of medical cannabis, thclist.com/ forums
My kids call me POPS.. policing officials public services..
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James, when we deal with people who only want to steal, increase their power and do the utterly despicable things they do NO ONE IS SAFE. All that I can say is I will never back down. It is my hope that as this lawsuit ‘grows and grows’ and stories like yours comes to light the cockroaches will begin to scatter.
I know a little of the “trust accounts” and all the big players are in it — law enforcement, the prosecutors and a whole slue of law firms who have contracts with state and counties. It is a multi million dollar fleecing of citizens.
If you come to any decision, I would wait until I file my ‘Amended complaint’. So far everyone who has intervened is staying with the case and others are considering joining too.
Thank you for all that you have done for citizens and a “just” society.
Bill
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http://thclist.com/forum/showthread.php?tid=7712
James Barber Sr. v. Clark County & Clark-Skamania Drug Task Force
(This case without filing in court dismantled the skamania drug task force, changed it to clark-vancouver dtf, I just sent this to risk management and the county via email.. it was never filed in court)
http://thclist.com/forum/showthread.php?tid=8405
Citizens Criminal Complaint filed in Clark County
( this was just a shot across the bow, the county lawyer claimed they was just seeking “advice” from the feds, judge found no PC at this time, but did say I had a different claim with what I presented)
http://thclist.com/forum/showthread.php?tid=9777
James E. Barber Sr. v. City of Vancouver et.al.
(dismissed this case because they repealed their ban)
http://thclist.com/forum/showthread.php?tid=12466
JAMES E. BARBER SR. et. al. V. CLARK COUNTY et. al. 13-2-03628-6
($ 20 million dollar tort claim)
Bill, I read your suit on the tax exemption case and found some issues which may cause you problems..
I have had this exemption for sometime now… in 2010 a federal judge awarded me disability retroactive to jan. 1, 1999…
The county of clark commissioner in my district at the time, denied I was disabled because the judge pointed out I am in treatment with medical marijuana..
By the end of my travels, the county now has refiling at every 6 years instead of 3… this was due to my case of disability.. and I’m at the max. exemption level under state law..
I also had an issue with turning over my personal info until I woke up and realized tax returns are not so private.. and any exemption to save paying outrageous taxes, saves my property interests… art.1 sec.1… is a bonus.
Now before our legislature is a bill to allow retroactive exemption passed 3 years SOL currently on the books.. i.e. a refund past 3 years if facts are shown you have been tossed into shouldering the burden you are exempt from, and the county screwed the pooch.
I am interested in reading your amended complaint.. which complaint your amending, is the question ?
You have so many intertwined complaints dealing with the underpinning of the exemption complaint this lawyer you hired… I’m ultimately concerned with standing.. I have read every one so far..
The CR 11 sanctions you got, really concerns me also… that amount is not a joke or anything to sneeze at… that is a heavy message…
It may behoove you to file a tax exemption to see if what your complaint says is true… county will misapply the laws..
Like I said, I also felt the same as you until I did it… it sure worked out for the rest of disabled citizens in our state, or at least county I live in..
If you wish to talk about this, email me @ je.b.424@hotmail.com and I will give you my number to call me.. I don’t have long distance.
James
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Bill,
Experience is what one gets when they didn’t get what they wanted in the first place..
You are getting alot of experience..
CrRLJ 2.1(c) is the only citizen criminal complaint process for misdemeanors and gross misdemeanors against anyone.. even public employees, officers and officials .. for the best PC hearing before a judge..
This is commonly know as the checks and balance system for the citizens..just like the initiative/referendum process is our checks and balances process..
Hope the above court process used properly, benefits you in the future in your interests.
Regards,
James
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For the benefit of all those who are enticed by a CrRLJ 2.1(c) “citizen complaint”, walk them through the process and describe what may happen or not at each of these steps. Let’s assume “judge X” has committed a crime of “perjury” and filing a “false report” when he published his opinion in which he fabricates a complete fiction so as to rule upon this fraud.
What is the first step….. and what outcome(s) occur at this stage of the complaint process. And so on…
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(con’t from above)
(2) Admits and acknowledges the known disabled complainant is handicap/disabled as defined by state and federal laws.[Exhibit A ]
(3) Admits and acknowledges the known disabled complainant has a No. 1 disability exemption rating in relation to real property taxes due to complainants federal disability status. [ Exhibit B ]
(4) Admits and acknowledges to be in receipt of a $20 million dollar claim filed with clark county risk management dated March 17th, 2011 with the known disabled complainants retroactive social security disability ruling and order [backdating to Jan., 1st 1999] with finding of facts and conclusions of law by a federal administrative law judge containing 8 debilitating medical conditions under state and federal disability laws while using cannabis authorized under state law for complainants suspect class complex seizure disorder as defined as a HIGHLY protected class by congress and as clearly implicated in the judges order. Attached is also known disabled complainants medical records from the clark county sheriffs dept. showing complainants known disabilty status was removed by jail hired staff without cause . These records also show complainants medication was switched causing complainant to overdose contracting a seizure disorder and given no further medical treatment [Exhibit 1 ]
(5) Admits and acknowledges the known disabled complainant lives in a dwelling as described in RCW 36.70A.410 as defendant Clark County Code Enforcement has already attempted to abate complainant due to his disability status.[ Exhibit c ]
[Exhibit c] sent with public disclosure request of county files.
NOTICE AND ORDER
Attn: James Barber
You are notified pursuant to clark county ord. no. 19757-12-51 and amendments thereto, that an “investigation” of the herein described premises has “revealed” the following “violations” of the clark co. code:
1. OCCUPANCY OF A TRAVEL TRAILER IN THE RURAL RESIDENTIAL (R5) ZONING OR. NO. 40.210.020
YOU ARE HEREBY ORDERED TO CEASE OCCUPANCY OF THE TRAVEL TRAILER WITHIN TEN(10) DAYS FROM THE DATE OF THIS NOTICE AND ORDER.
A penalty of $100 per day for each violation will be assessed, beginning ten(10) working days from the date this notice and order is served, until the herein mentioned corrections have been made. In addition, a “criminal” citation may “ordered” if this violation is not “ABATED”.
From: Ellinger, Susan (Susan.Ellinger@clark.wa.gov)
Sent: Tue 4/19/11 11:50 AM
To: james sr
6 attachments
Case # CD PDF
content from Susan.Ellinger@clark.wa.gov
Mr. Barber –
Please find the additional information we received from archives with the exception of one file. Due to the size of the documents, I will second a second e-mail with the last file. If you desire data that has not been provided or find that the files do not contain the information you requested, please contact me immediately. Otherwise, please accept the additional attachment as a formal close of your records request for the county.
Please let me know if you have any questions regarding any of these materials. Thank you.
Sincerely,
Susan Ellinger
Administrative Services Manager
Clark County Community Development
1300 Franklin St.
Vancouver, WA 98660
360-397-2375 ext 5122
susan.ellinger@clark.wa.gov
Well Susan,
1) we are missing “ALL” police and court reports from the “sheriffs” office purtaining to the address and “names”.
2)We are missing “ALL” the FEDERAL FUNDING contracts request.. drug task force of the “sheriffs” office..AND “ALL” REPORTS ABOUT ADDRESS AND NAMES ALSO.
3)We are missing “ALL” the financials of the “CLAIMED” liens you sent..i.e. where did the money go in which “satisfied” the liens per “regulations” .. and whom paid them.
4) Information in the file was redacted without “identifying” what was redacted by statute. it can be clearly seen but, it is whited out and not “blacked” out.
Is the county “attempting” to use the “public disclosure request” email as a source of “legal service/notice” for the most “recent” /living/dwelling discrimination issues, without just cause[except “retaliation” for filing a “claim” against the “commissioners” and other county “elected” officials.]? I noticed a letter of a violation “claimed” … but, never found the “source” of the “complaint”.. except in the 2008 “reasonable accommodation” documents, it makes claim of a violation then but, resolved… I have never moved from my motorhome to any other dwelling…and most “recent” request for county ADA regulations officer compliance with federal law… The info. I received said to give the county my medical “evidence” … The SSA order “speaks” for itself..
I believe the “COUNTY” has my federal SSA “DISABILITY” order RETROACTIVE TO JAN. 1, 1999… UNDER FEDERAL LAW.
Common Sense would dictate the county is violating “FEDERAL LAW” …and may be “good” cause for “contempt charges” to be brought.
I guess I will have to reform to filing another “risk management” claim…on different ground. and then contacting the judge whom signed the order.
Thank you for your swift attention.
Sincerely,
James Barber Sr.
Mr. Barber –
To the extent your request asks for additional documentation, we are reviewing the records already provided to ascertain whether there may be additional documents responsive to your request. We anticipate responding on or before Friday, April 29th. If you have any questions before that time, please feel free to contact me. Thank you.
Sincerely,
Susan Ellinger
Administrative Services Manager
Clark County Community Development
1300 Franklin St.
Vancouver, WA 98660
On December 2nd, 2011 the board of clark county commissioners with the assistance of the clark county prosecutors office and Axel Swanson wrote a letter to and sent US Attorney General Eric Holder [ Exhibit 5 pg. 10 ];
Quote : Engrossed Second Substitute Bill 5073 in part became Washington law on July 22, 2011. Section 403 of the new law allows qualifying patients and designated providers to “create and participate in collective gardens for the purpose of producing, processing, transporting and delivering cannabis for medical use.” Gov. Chris Gregoire, in her statement explaining a partial veto of the bill, wrote the gardens “should be conditioned on compliance with local government location and health and safety specifications.”
As pointed out above in the governors letter she never ever made the claims the defendants make to the Attorney General of the United States of America knowingly, willingly, recklessly, disregard of the material facts. Our own Wa. State Assistant
Attorney general letters to the governor do not refer to the collective gardens but, only the conduct under the Dept. of Agriculture and DOH licensing schemes which conflict with federal laws. It was specific to licensing of producers, processors and dispeners of cannabis and cannabis products. Their was no relation to provisons of the new law .025, .040, .045, .085 being criminal or in conflict with federal law enforcement duties. The Federal prosecutors under their distict charging discretion have choosen not to prosecute qualifying patients following state law. This reasoning is solitified by the federal court suppersion ruling noted above.
On Jan. 17th, 2012 the DEA received the letter dated December 2nd, 2011 sent to Eric Holder for a response. This is now the 2nd United States of America public offical relying on such known, willful, reckless false and misleding statements in the discharge of their official duties. [Exhibit 5 pg. 11]
On Feb. 2nd, 2012 the entire board of clark county commissioners recieved the response letter from Deputy Assistant Administrator of office of Diversion Control Joseph T. Rannazzisi in the discharge of his official duties. [Exhibit 11]
Both letters sent and recieved have now been sent to all of the local jurisdictions and is also being relied upon in the discharge of their official duties of other officals in the state of Washington. [ Exhibit 14]
On March 14th,2012 the known disabled complainant had a meeting with county prosecutor Chris Horne and Axel Swanson in which they supplied the complainant with the first of any prior requested document(s) in July of 2011 entitled “AGENDA” DATED 03/14/2012. [Exhibit 5]
On March 26th, 2012 after sending multiple emails to Axel Swanson in regards to the known, willful, reckless disregard of the facts, he wished to meet again with the known disabled complanant to discuss my legal analysis of varing sections of rcw 69.51A as CODIFIED and my opinion on how they should be best implimented( or not implimented) by local government. The known disabled Complanant agreed to meet with Mr. Swanson. [Exhibit 6]
On March 31st, 2012 the known disabled complanant sent an email to Clark County Administrator Bill Baron, Bill Baron has never replied except to continue on the same path. [Exhibit 7]
On May 6th, 2012 the known disabled complainant sent an email to Axel swanson in regards to a question asked of the known disabled complainant in regards what to tell his special interest groups and friends of the homeowners assocation about the county not having any jurisdiction to ban non commercial, private use related to the qualifying patients collective gardens or discriminate against the disabled qualifying patients whom use or grow cannabis in their homes or yards out of the public view.[ Exhibit 8 ]
On May 14th and resent on the 17th, 2012 at the request of Axel Swanson, the known disabled complainant sent an email to Axel Swanson in regards to a prudently non discriminatory proper ord. which should have been passed and also some caselaw in regards to willfully, malice, denial of sustantive due process under 42 usc 1983, passing ord. in the interest of the public ONLY, i.e reasonablness [Exhibit 9 ]
On May 30th, 2012 the known disabled complainant sent an email to Broson Potter in regards to illegal county policy and no lawful local authority under the new codifed cannabis act in regards to the qualifying patients collective gardens and qualifying patients use. On June 6th, 2012 Mr. Potter responded he believes the county has the legal authority to to enforce zoning, business licensing, and health/safety regulations pertaining to the production, processing or dispensing of marijuana. He completely ignores and brushes off the known disabled complainants issues brought forth. [Exhibit 10 ]
On June 9th, 2012 the known disabled complainant sent an email to the board of clark county commissioners and Axel Swanson in regards to the federal case in spokane marijuana suppression hearing order. On June 11th, 2012 commissioner Mielke replied and also cc’ others . Maybe we should have our “own” legal opinion too.tom [Exhibit 11 ]
On June 12th, 2012 the known disabled complainant sent an email to the all 3 commissioners, Axel Swanson, Chris Horne, and Linda Roberts in regards to secion rcw 69.51A.055 showing the jurisdiction and authority is over licensed producers, prosessors, and dispensers located in subsection provison (3), not collective gardens located in provion .085, .040, .025, nor provisions located in .043, .045, .047. [Exhibit 11]
On June 13th, 2012 @ approx. 10 am the board of clark county commisioners held a workshop in which prior to the work shop the known disabled complainant spoke with civil Deputy prosecutor Chris Horne in regards to the moratorium and lack of authority. Mr. Horne responded it was his belief the state laws are preempted by federal laws because they interfere with the federal duties if the drug task forces. In response, the known disabled complainant sent an email to Mr. Horne rebutting his assumtive beliefs, which was also cc’ to the board of county commissioners. [ Exhibit 12 ]
On June 15th, 2012 the known disabled complainant contacted the clark county cheif deputy prosecutor for the clark county district court in regards to filing misdemeanor charges on the defenants herein. On june 15th, 2012 Mr. Jeff McCarty responed. [Exhibit 13 ]
This complaint followed as the WSP is conflicted in interest by contract with the clark county prosecutors office and the drug task force contracts.
[EXHIBIT 14A ]
Making a false or misleading statement to a public servant.
RCW 9A.76.175
A gross misdemeanor
To sustain a conviction, the State must show that (1) a person made a false or misleading statement to a public servant and (2) that, in discharging his or her official duties, the public servant in question would reasonably rely on the false or misleading statement. This element is stated in the pattern jury instructions as: “That the defendant knew both that the statement was material and that it was false or misleading.” 11A Washington Practice: Washington Pattern Jury Instructions: Criminal 120.04, at 473 (3d ed. 2008).
As the Court of Appeals aptly noted in State v. Budik, “[W]hile Mr. Budik may not have had any obligation to speak, … if he chose to speak, [he was not privileged to mislead] police.” State v. Budik, 156 Wn.App. 123, 128, 230 P.3d 1094, review granted, 170 Wn.2d 1008, 249 P.3d 624 (2010).
http://www.awcnet.org/LegislativeAdvocac…juana.aspx
Marijuana
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Medical marijuana – 2/17/12
The medical marijuana legislation, SB 6265, failed to advance out of the Senate before Tuesday’s cutoff. The bill included some provisions clarifying local government’s authority over collective gardens. It also prohibited cities from precluding the siting of collective gardens. That provision sparked serious disagreement among cities. The bill was subject to some potential floor amendments, and the time necessary to negotiate the amendments, coupled with the rush of cutoff, meant that the bill did not make it to the floor for a vote before the deadline. This means that there will not be any additional guidance from the state on medical marijuana for cities, and we must continue to operate under the existing law that took effect in 2011.
Additionally, Clark County has been considering the issue of collective gardens and recently asked the Department of Justice for further clarification on the federal stance. The Department of Justice reiterated its position that marijuana is illegal and those facilitating illegal activity may be subject to legal action.
For more information, contact Serena Dolly or Candice Bock.
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https://docs.google.com/viewer?a=v&q=cac…QiYwivneXQ
clarkcountylettertoDOJ.pdf
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http://archive.constantcontact.com/fs082…41395.html
WSAC Legislative Steering Committee Members updated on medical cannabis
On Wednesday evening, February 15th, WSAC Legislative Steering Committee members received an update on what counties were doing to implement SB 5073 – Medical Cannabis Collective Gardens that was passed during last year’s legislative session.
To date, only one county (Lewis) has adopted an ordinance outlining the requirements to site/permit a Medical Cannabis Collective Garden. Several counties have put in place a moratorium and are developing and/or considering ordinances consistent with the new statute. The vast majority of counties have decided to not act at this time. The following links will provide you:
A PowerPoint presentation prepared by Brian Enslow provided to members of WSAC Legislative Steering Committee on Wednesday night.
A copy of a letter from Clark County Board of Commissioners to the Department of Justice.
A copy of a letter from the Department of Justice in response to the letter from Clark County Board of Commissioners
A summary of a survey that provides a status for what counties are doing in response to SB 5073.
Lewis County’s Ordinance permitting such collective gardens providing a “federal license” has been issued.
If you have any questions, please feel free to contact WSAC Executive Director Eric Johnson or WSAC Policy Director Brian Enslow.
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http://archive.constantcontact.com/fs082…41395.html
A PowerPoint presentation prepared by Brian Enslow provided to members of WSAC Legislative Steering Committee on Wednesday night.
Medical Cannabis:
County Implementation Issues
February 15, 2012
Brian Enslow
WSAC Policy Director
(360) 489 8121 or
8121-
benslow@wacounties.org
02/15/2012
5
Clark County and the DOJ
Clark County asked the U.S Attorney General:
“Would the Board…..or county employees b
“W ld th Bdtl be immune from arrest and liability when, in the
course of their jobs they do work related to
jobs, zoning, review of permits and inspection of these
facilities?”
02/15/2012
6
Clark County and the DOJ
U.S Attorney Response Back to Clark County:
“anyone who knowingly carries out th marijuana
“ h ki gl it the ij
activities contemplated by Washington state law, as
well as anyone who facilitates such activities or
activities, conspires to commit such violations, is subject to
criminal prosecutions…”
“Such persons may also be subject to money laundering statutes”
g
02/15/2012
Contact Info
Washington State Association of Counties
206 Tenth Avenue SE
T hA
Olympia, WA 98501
(360) 489-8121
http://www.wacounties.org/wsac
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I have found this process to be the easiest, fastest, most citizen based way of fighting the machine.. with it’s own sword. The criminal un-justice system.
I also through some extensive research found, one is not going to have a motion of attorney fees or CR 11 sanctions in the mix.. no such thing in this citizen criminal complaint process.. it is a constitutional wtit of sorts.. embedded in court rules.
The process is a proven valid process, more than once.. and damage claims have been paid using it.. for harm to animals by public servants, namely the police.
Adam Karp http://www.animal-lawyer.com/ has pioneered this process in vindication of voices which can not be heard.. the animals!
Whom better to represent.. in a criminal process of PC.. the dead.. and severely injured..
Regards,
James Barber Sr.
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Click to access Tooley%20aff.pdf
Here is a 4 page CrRLJ 2.1 (c ) complaint by a person from out of state
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One of the smartest things we all could do is, tread the path Tim Iman has wandered down and initiate laws that force the judiciary, and the Bar, to be subject to Washington’s Public Records Act, originally codified at chapter 42.17 RCW, but now spit (only the codification) so the records portion may, now, be found under chapter 42.56 RCW.
It would be a safe bet a large percentage of the judiciary would be scrambling like cockroaches under light, once their records became public. An equally safe bet is, many of them would go the way many went subsequent to the Cook County (Operation Graylord) group went when they were charged under the RICO Act.
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I agree… the initiative process is another ‘tool’. And the force of Internet communication to all the ‘grassroots’ groups help make this avenue easier to implement.
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I also agree, this could very well represent the other avenue to proceed down that I mentioned to Bill the other day. Staying with both endeavors , including the criminal complaint I am currently preparing for U.S. District Court that clearly demonstrate the undeniable employment of RICO.
As Bill pointed out, “the force of Internet communication” to bring us all together is a major fear for them all. Having in the past been able to single us out, gang up on us, over shadow our issues with the illegal manipulation or altercation of statute.
The drowning of our individual voices by the RICO enjoinment of all of theirs. having this encompass the CJC, WSBA, AGO, Superior Court, Supreme Court, U.S. Bankruptcy Court, U.S. District Court, U.S. Attorneys Office in Seattle Wa. and the Seattle & Tacoma Offices of our FBI.
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