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Paul Simmerly: The Greatest Miscarriage of Justice I have seen in my 32 years of practicing law.

We here at CorruptWA have been saying, and I’ve been saying it in my campaign for State Representative, “at the core of the rotten onion you find lawyers”. While it is true that we do not have “rotten onions” in every corner of WA State, which clearly implies a lot of honest and ethical lawyers, it is also true at the core of the most corrupt state agencies you will find WA State Bar lawyers. When everyone understands how corrupt the WA State Bar is, only then will you understand how our “corrupt government” became corrupted. puppet master

Here is Paul Simmerly’s letter to me that is a chilling expose on the “puppet master – the WA State Bar Association” who resides at the core of the ‘rotten onion’.

“Every attorney, judge, official, citizen and reporter should be concerned about the Robert Grundstein case: WSBA vs. ROBERT GRUNDSTEIN, Public Nos. 07-02058 and 10-00097”

The case of In Re Robert Grundstein, Washington State Bar Association (WSBA) Disciplinary Board Nos. 07-02058 and 10-00097, is the greatest miscarriage of justice I have seen in my 32 years of practicing law. It is an absolute disgrace to the legal system in Washington state. The conduct and actions of the WSBA Office of Disciplinary Counsel (ODC) and Hearing Officer Lisa Hammel, who prosecuted Mr. Grundstein, are so incredible, outrageous and bizarre as to scarcely be believable. But please do not take my word for it. Check out the facts of his case for yourself.

Grundstein allowed to sit for Vermont Bar Exam despite being disbarred in Washington State.
Significantly, the State of Vermont allowed Mr. Grundstein to sit for the Vermont Bar after reviewing the Washington disbarment proceedings. This may be an unprecedented occurrence.

Background. Grundstein was exposing corruption. Grundstein was not in Ohio at the time alleged.
The Cleveland, Ohio judicial, court and law enforcement systems have an incredible, and possibly unprecedented, history of corruption. There have been at least 60 convictions of judges, prosecutors, clerks, administrators, employees, contractors and attorneys for official misconduct and corruption from 2008 to the present. Robert Grundstein, a resident of Vermont, was a member of the WSBA on inactive status and had never had a client in Washington State. In 2007, Robert Grundstein wrote an editorial critical of ex-judge Peter Junkin of Cleveland, Ohio (later removed from office during the FBI raids on Cleveland for alleged racketeering activities). Six months later, the County Sheriff (since arrested and convicted) had his detectives present evidence to the Grand Jury that on April 28, 2003, Mr. Grundstein altered a record that he had been convicted of a crime in Lakewood, Ohio Municipal Court, an original document in the exclusive possession and control of that court. That criminal conviction was for violation of Lakewood Municipal Code 549.04(c), Improper Storage of a Firearm, a 4th degree Misdemeanor which is the lowest Misdemeanor in Ohio law. The Grand Jury refused to give an indictment and returned a “No Bill”. Only four percent of presentments to the Cuyahoga County (Cleveland) Grand Juries get a “No Bill”. It is illegal to re-present. See the Ohio Supreme Court case of Froehlich v Ohio Board of Mental Health, August 20, 2007). Most importantly, Mr. Grundstein was not in Ohio on April 23, 2003 and had the ATM receipts to prove it.

Mr. Grundstein’s case was illegally re-presented to the Grand Jury and this time a True Bill was returned based upon false information. He had to fight this matter. The judge would not bring the case to trial. Mr. Grundstein moved to dismiss. The judge, Michael Russo, refused to rule on Mr. Grundstein’s motions. The prosecutor would not drop the case. Trial was scheduled three times and cancelled abruptly without notice. Mr. Grundstein refused to take a plea. Every time Mr. Grundstein came in to Cleveland from his home in Vermont for trial, he found out only upon his arrival in Ohio that the trial had been cancelled. The prosecutor scheduled eight (8) pre-trials for which Mr. Grundstein had to drive in to Ohio from Vermont. Nothing was ever discussed at them. The Criminal Clerk of Courts falsified the docket to say Mr. Grundstein kept asking for continuances. The Criminal Clerk of Courts, Mark Lime, is now in jail on 76 counts of altering records and theft.
After eleven trips to Ohio over the course of a year, Mr. Grundstein realized that Ohio was not going to give him a trial, rule on his motions or drop the case. Finally, he was forced to settle for a $50.00 fine. The prosecutor, Bill Mason, was forced to resign as a result of the FBI raids, shortly after Mr. Grundstein’s case was resolved. Another prosecutor involved in the case, Joe O’Malley, was sent to federal prison for case fixing, bribery and perjury.

WSBA Action. WSBA Senior Disciplinary Counsel Douglas Ende called Mr. Grundstein in February of 2008 to discuss the matter. Mr. Grundstein told them everything and he advised them that he wanted the WSBA to know all about the case. Mr. Grundstein sent Mr. Ende and the ODC many exculpatory documents. Someone from Ohio had sent the WSBA an anonymous letter about Mr. Grundstein in October of 2007. Mr. Grundstein didn’t hear from the WSBA for another three years when the WSBA sent him a Formal Complaint. In In re Ressa, 94 Wn 2d 882, 621 P.2d 153 (1980), the Supreme Court found a delay of three years in a disciplinary case to be unreasonable.

Due Process?
During Mr. Grundstein’s disciplinary proceeding, the WSBA amended the Statement of Charges against him a total of eight times, including an amendment that requested his disbarment when the original Statement of Charges only requested “probation”. All of these amendments were allowed by Hearing Office Lisa Hammel.

Jurisdiction in Washington State over what Grundstein did in Vermont and Ohio?
The WSBA sought to enforce what it thought were problems with motions Mr. Grundstein had filed in an unrelated legal matter in Vermont. Vermont had found no problem with those motions and had taken no disciplinary action against Mr. Grundstein. The WSBA also sought to discipline Mr. Grundstein for being illegally declared a “vexacious litigant” in a sham proceeding in the state of Ohio by a corrupt court. Mr. Grundstein was also illegally denied the right to appeal this designation as a “vexacious litigant”. That designation prevented Mr. Grundstein from ever filing another lawsuit without court permission. Mr. Grundstein had sued a man for stealing from his father’s estate. On the basis of that one case, the only case that Mr. Grundstein had ever filed in Ohio, he was declared a “vexacious litigant”. If the states of Ohio and Vermont have not sought to discipline Mr. Grundstein, how can the WSBA Bar discipline him for what he did in Ohio and Vermont? How can Mr. Grundstein put on his defense of a corrupt Ohio judicial system in Bar disciplinary proceedings in Washington State? What authority does the WSBA have to enforce what an attorney does in another state when that other state has no problems with what that attorney did?

No felony conviction.
Mr. Grundstein was disbarred. One of the reasons was that he committed a felony in Ohio. Normally, commission of a felony by an attorney results in automatic disbarment. The only problem was that Grundstein had never been convicted of a felony. This was of no concern to the Office of Disciplinary Counsel, who continuously misrepresented the facts, or to the Hearing Officer, Lisa Hammel, who disregarded Mr. Grundstein’s affirmative defenses in this regard and the WSBA’s failure to prove the commission of a felony (It is a requirement that the WSBA affirmatively prove that Mr. Grundstein had committed a felony).

Brady v. Maryland, RPC 3.3 and 3.8 violations.
Douglas Ende, Disciplinary Counsel Linda Eide and the ODC had known for three years that Mr. Grundstein had not been convicted of a felony. Mr. Grundstein had informed them of that fact and had produced documents and citations to the Lakewood, Ohio Municipal Code, Section 549.04 which only deals with Misdemeanors. Please Google it. The U.S. Supreme Court decided in the case of Brady v. Maryland that a prosecutor must disclose and produce exculpatory evidence (evidence that tends to negate the guilt of the accused). The Washington State Rules for disciplinary proceedings against attorneys incorporate Brady v. Maryland principles and also require the ODC to disclose and produce exculpatory evidence. RPC 3.3 (a) (1) and (4) Candor Toward the Tribunal – “A lawyer shall not knowingly make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer” nor “offer evidence that the lawyer knows to be false”. Douglas Ende, Linda Eide and the ODC violated those legal requirements in order to obtain the illegal disbarment of Mr. Grundstein.

Alleged alteration of a court document.
Mr. Grundstein was also charged by the WSBA with a violation of RPC 8.4, alteration of a court document, the record of his Misdemeanor conviction for Improper Storage of a Weapon. Mr. Grundstein had taken a faxed copy of that court document, which had been typed in black ink, and wrote on it in blue ink, in his own handwriting, the “(c)” after Lakewood, Ohio Municipal Code 549.04. All of 549.04, including subsection “(c)”, deals with misdemeanors. Lakewood, Ohio Municipal Court only deals with misdemeanors. It has no jurisdiction over felonies. Mr. Grundstein did this because he had needed to explain the matter to the FBI in order to be able to buy a gun. He had to explain that he had never been convicted of a felony so he wrote the FBI a letter explaining that he had not been convicted of a felony, including in it the court document which had his added subsection “(c)”. There was no alteration and no intent to deceive anyone. He wrote on a faxed copy of a court document and never tried to pass his writing off as part of the court document. The FBI understood, never questioned what he had done, concluded he had not committed a felony and allowed him to buy a gun.
Hearing Officer findings that conclusively have no basis in fact or law – Hearing Officer stated that a misdemeanor was a felony. In her Findings of Fact and Law, Hearing Officer Lisa Hammel incorrectly found that Mr. Grundstein had changed the record on his 2002 conviction for Improper Storage of Firearm, from a Felony to a Misdemeanor. But Mr. Grundstein in fact had never been convicted of such a felony or any other felony. She was referring to the conviction under Lakewood, Ohio Municipal Code 549.04(c). Lakewood Municipal Court is a suburban Cleveland court. It only has misdemeanor jurisdiction. It can’t hear or charge felonies. The charge under 549.04 was a misdemeanor of the 4th degree, the lowest in Ohio. It didn’t get sent to Cuyahoga Common Pleas where felonies are heard. It was completely resolved as a minor matter in Lakewood. Mr. Grundstein had to come to Cleveland to defend his mother from people who embezzled from her. He neglected to leave his .22 pistol in Vermont. His car was towed during a rush hour violation. The police impounded his vehicle, unlocked it, went through everything and found his pistol.

Clerks refuse to include Grundstein’s exhibits in the record supplied to the Disciplinary Board and the Supreme Court. Three weeks after his Disciplinary Hearing, Mr. Grundstein received a copy of the Hearing record that he had requested for his appeal. All of his 42 Exhibits which had been admitted by Hearing Officer Hammel at the Hearing were gone. All of his documentary proof had been removed from the record by the Bar. Pages 357 to 448 of the transcripts of his disciplinary proceeding bear this out. The WSBA had taken it upon themselves to unilaterally remove every one of Mr. Grundstein’s exhibits that irrefutably proved his innocence and the state of the law in Ohio. These exhibits proved that Mr. Grundstein was not in Ohio at the times alleged, he never altered a court document, he was never convicted of a felony, he never changed a court record of a felony into a misdemeanor and that he never issued a subpoena illegally. The WSBA hid all Mr. Grundstein’s evidence of innocence.

To quote from the transcript: “HEARING OFFICER HAMMEL: (talking about a Grundstein exhibit) I guess I’m less concerned about your handwritten notes on here. That is certainly something that we could deal with with the testimony acknowledging that they are you handwritten notes, and we certainly have a lot of documents that have been admitted in this case that contain those.” (Italics and boldface added). Grundstein Transcript, Page 435.

Hearing Officer Hammel and Ms. Eide discuss Mr. Grundstein’s exhibits extensively in the transcript, assigning them numbers using a numbering system developed and used repeatedly by the Bar in disciplinary proceedings and Mr. Grundstein testified about what these 40 exhibits were as shown in these 91 pages of transcript. Apparently, the ODC unilaterally concluded that Mr. Grundstein’s exhibits had not been formally admitted and that a formal statement like “I move to admit Respondent’s Exhibit No. xxx” had to be uttered. No such formal statement is required. First, this is an administrative proceeding, much less formal than a Superior Court trial. As any competent trial attorney, Judge or Hearing Officer will tell you, testimony is not taken about a document until after it is admitted into evidence. Testimony was taken in Grundstein’s case about his exhibits which had been admitted into evidence. Quite obviously, the record of proceedings is meaningless if you have 91 pages of testimony about documents that are not part of the record. Perhaps most importantly, even if his exhibits were correctly excluded from the record by the Hearing Officer, Mr. Grundstein should have been given the opportunity to have his excluded exhibits included in the record and to make the argument to the Disciplinary Board and to the Supreme Court that his exhibits had been admitted or should have been admitted.

Why doesn’t this conduct constitute violations of RPC 3.2, 3.3 and 3.8 (duty to acknowledge exculpatory evidence at all times), the requirements of Brady v Maryland, obstruction of justice and spoliation of evidence?
Why doesn’t Ms. Hammel have the courage to stand up to the ODC and change her findings to reflect reality?

Misconduct by Office of Disciplinary Counsel ignored.
The Bar, WSBA Disciplinary Board and the Supreme Court have decided that Brady v. Maryland and RPC 3.3 and 3.8 have no application to attorney disciplinary proceedings. The WSBA Disciplinary Board was fully informed, on multiple occasions, of what had occurred, but completely ignored the situation and refused to do anything. The WSBA, the ODC, the Disciplinary Board, Hearing Officer Hammel and the Washington State Supreme Court are unconcerned about this. Why aren’t WSBA Hearing Officers concerned about the integrity of the record in disciplinary proceedings that they control? Why aren’t WSBA Hearing Officers and the Disciplinary Board concerned about misrepresentations that are made to them?

Compare this to the situation with the disbarred Duke Lacrosse team Prosecutor Mike Nifong. Nifong withheld exculpatory evidence that negated the guilt of several Duke University LaCrosse players on rape charges. He was disbarred by the State Bar of North Carolina on an expedited basis. Here, the ODC attorneys guilty of this misconduct are still at work despite egregious misconduct in other cases (Unger, Gauthier). In the Unger case, misconduct on the part of the ODC resulted in compensation of $75,000 being awarded to the attorney victim which was paid by Bar Association members. Again, no punishment for the ODC wrongdoers.

No appeal allowed. Clerks allowed to make decisions.
The Washington Supreme Court refused to allow Mr. Grundstein to appeal his disbarment. He tried to file his appeal eighteen days after the Disciplinary Board’s decision, thinking his filing was timely. The Supreme Court found that it was not, even though there is authority for a longer deadline. Former Justice Richard Sanders disagrees that his filing was not timely. Efforts to file motions to vacate his disbarment based upon CR 60 – fraud and irregularities in obtaining a judgment – were rejected by Clerks. He was not even allowed by the Clerks to file these documents to get them into the record in his own case and in front of the Disciplinary Board or the Supreme Court.

WSBA’s Office of Disciplinary Counsel has absolute power.
Mr. Grundstein filed Bar Grievances against all members of the Office of Disciplinary Counsel involved, but these were ignored and dismissed without any investigation or consideration. How can the Office of Disciplinary Counsel investigate Grievances against itself?

Mr. Grundstein’s odyssey through the disciplinary process is further described in the book he has just written, Vendetta: Cleveland Ohio Vermont to Washington State America’s Archipelago of Legal Failure.

The link to this book is:
http://www.amazon.com/Vendetta-Cleveland-Americas-Archipelago-Failure/dp/149598737X/ref=sr_1_1?s=books&ie=UTF8&qid=1399658385&sr=1-1&keywords=grundstein

PAUL E. SIMMERLY

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About animallawnewsandabuse

I am an animals rescuer, a mother, a grandmother, a minister, & a human being who is tired of all the corruption going on in our state.

Discussion

11 thoughts on “Paul Simmerly: The Greatest Miscarriage of Justice I have seen in my 32 years of practicing law.

  1. The WSBA, American Bar Association and 99% of the attorneys/judges nation wide are the core of the corruption. In America the land of the not so free there is one attorney for every 365 citizens, and 2,200,000+ people (mostly men) in jails/prison. Its past time to do as the Declaration of Independence says and every American do their “Duty.” Talk is cheap, actions speaks louder than words.

    Like

    Posted by William D. Webster | February 14, 2015, 3:44 pm
  2. There is no Truth in Wa. State Judicial system. I have seen it with my own eyes, experienced it with my family and strangers have called me for help, they also have fallen to the lies and deceit of our Judicial system, been wrongfully accused, sat in jail for a year after being proven innocent!, fallen to Tacoma’s New Mafia prosecution and judical system.
    What we don’t understand is why this is happening and why no one has stepped in to help our innocently jailed and imprisioned people. Is everyone so afraid of them? Don’t they know that with our Monumental numbers if we all pull together we can suceed! Everyone needs to voice it!, and as I have done, relay to the public if something happens to me, it will be a set up to shut me up!, but, I won’t shut up! FREE MY INNOCENT SON WASHINGTON STATE OR FEEL THE POWER OF A SINGLE UNAFFRAID VOICE! http://www.jayceefuller.com. HEAR ME ROAR!

    Like

    Posted by susan Ingle | February 14, 2015, 10:06 pm
    • Why? Evil, gullible, arrogant, perverted individuals, coupled with money and power and YEARS to establish the necessary network unimpeded by any oversight or supervision and there you have it — our judicial system! The solution is what these evil, arrogant, perverted people don’t have and I didn’t list as one of their assets — which is intelligence and the American spirit.

      Like

      Posted by chief activist | February 15, 2015, 3:37 pm
  3. No felony conviction. Mr. Grundstein was disbarred. One of the reasons was that he committed a felony in Ohio. Normally, commission of a felony by an attorney results in automatic disbarment. The only problem was that Grundstein had never been convicted of a felony. This was of no concern to the Office of Disciplinary Counsel, who continuously misrepresented the facts, or to the Hearing Officer, Lisa Hammel, who disregarded Mr. Grundstein’s affirmative defenses in this regard and the WSBA’s failure to prove the commission of a felony (It is a requirement that the WSBA affirmatively prove that Mr. Grundstein had committed a felony).

    ——————————————————————————————————————————————————————-

    Scannell, Simmerly, Grundstein and how many more have been disbarred? You have been disbarred because your not following their program. If you had one of their friends as your friend everything would be OK.

    As I mentioned before Jon Runstad’s (Developer) Wife used to sit as president of WSBA. Isn’t Scott Ellerby (Attorney) sitting in an Office Building build by Selig? Another one of their friends. Wasn’t he on the Disciplinary Council WSBA before?
    Isn’t Scott Ellerby involved in building homes for the elderly and selling them?….whom of their friend of friends are getting these contracts to build?
    Was Debra L Stephens admitted by Chrisine Gregoire to the Supreme Court (2007)
    Did Mary Fairhurst work under Christine Gregoire in the Attorney Generals Office? Did she also serve as President of WSBA?
    Did Susan Owens make a speech before the 34th District members ( i believe it was W.Seattle.) Who are the Members?

    You just can not go to the Supreme Court to get any Justice. They are all friends of friends. You will never get any Justice there. It is useless to argue.

    What has to happend is that these people need to be exposed in a different way. One way is to get a hold of whom are they hireing to get construction done. What LLC’s are they forming?

    Are they supplying their friends with federal money for construction?

    Like

    Posted by vera | February 15, 2015, 9:16 am
  4. Why can’t we get any good politicians or decent Judicial officers in our system?
    Because if they are not crooked, if they are not rich enough, if they can’t be bought and if they don’t come from a family of some sort of old political backround (already corrupt) they don’t belong in our new Tacoma, Wa. Mafia.

    Judge Cullpepper: allowed Jurors to fall asleep during deliberations.
    Commented on Mark Lindquists wonderful suit during court proceedings,
    chatted about how they need to get together again soon!
    ALL DURING A MURDER TRIAL! while allowing gross misconduct of our Chief Prosecuting Attorney: Mark Lindquist.

    To know that you cannot do anything about their conduct and misbehavior is exhausting, they need to be stopped! Now! WSBA won’t help!
    No Attorneys will help,
    No Judges will help,
    no one in our Court system will help you, or wants to help.
    They want to keep their New Mafia Solid and Ongoing!
    They want to take down any person that might try to challenge them.

    SICKENING! DISGRACEFUL! BARBARIC! NEANDERTHAL!

    Like

    Posted by susan Ingle | February 15, 2015, 3:38 pm
  5. Here is a partial list of corruption:
    Katherine Stolz
    Bryan Chushcoff
    Ronal Cullpepper
    Mark Lindquist
    Erica Nohavac
    Kevin Mccann

    Like

    Posted by susan Ingle | February 15, 2015, 3:49 pm
  6. Believe me, the status quo is near its end. Remember these “judicial types” have had 100 years to put the “fix” in. We, on the other hand, have had only a few years, with the advent of social media and the internet, to learn that we are not alone and that the corruption is wide and deep. The difference is they are corrupt and we have the law and moral high-ground. A jail cell awaits them all. The ONLY requirement is that we must NEVER GIVE UP!

    Like

    Posted by Chief Activist | February 15, 2015, 3:49 pm
  7. PRAYERS ARE ANSWERED.
    prayers will be answered.

    folks ?
    There is nothing hidden that will not be revealed-DO NOT be in fear of them.

    simply remind yourselves on this and watch as it all collapses–the strong hold will be broken.

    Like

    Posted by Salome | February 22, 2015, 8:45 am
  8. http://www.foxnews.com/opinion/2015/02/23/flower-power-christian-florist-rejects-attorney-generals-offer-wont-betray-her/?intcmp=latestnews

    Well isn’t that special. Bob Fergusan has nothing better to do then sue Flower Shops.
    I wonder if he went to his friends gay wedding (Upthegrove) last month. I wish he would focus on investigating the WSBA.

    She is talking about Bob Ferguson and here again everything she will lose because of these corrupt individuals.

    ………..“He’s using the full power of his office to personally and professionally destroy her,” ADF attorney Kristen Waggoner told me.

    But the 70-year-old Southern Baptist grandmother said she will not violate her religious beliefs – no matter what. If that means losing her house – so be it.

    “I certainly don’t relish the idea of losing my business, my homes and everything else that your lawsuit threatens to take from my family, but my freedom to honor God in doing what I do best is more important,” Stutzman wrote in a letter to the attorney general. (You can read my earlier story on Stutzman’s case here.)”

    Like

    Posted by vera | February 24, 2015, 3:56 am

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