You're Reading...
Government Officials

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

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.”

About Brandia

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.


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

  1. 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.


    Posted by William D. Webster | March 18, 2015, 6:13 pm


  1. Pingback: Governments “just powers” — who decides? RECALL of Judge Holman moves to Supreme Court! | Corrupt WA | My Blog - March 18, 2015

Leave a Reply

Please log in using one of these methods to post your comment: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

Please Consider a Donation

We couldn't do this without you!
wordpress visitors
Washington State Bar Watch

Keeping Watch On Washington Lawyers

Snohomish County Sheriff's Watch

Keeping An Eye On Those In Power

Research Advocates NW

Finding Answers To Life's Mysteries

Trump Tracker

Keeping Track of the 45th's Alternative Facts

Missing and Murdered of Snohomish County

Because all life matters and none should be forgotten

Washington Activist

Private Information Sharing for Washington Activists

Real Estate Scams

Broken Dreams... Broken Lives

Clark County Conservative

Stateside Associates Listed 2012 “Best Local Politics Blog”

WA Social Justice Initiative

A grassroots community to help attain "Justice" for those unable to go it alone.


Res ipsa loquitur - The thing itself speaks

John Wills Lloyd

These are some personal views about living, loving, hoping, and such.

Fighting Corruption In Stevens County

The struggle for freedom lives here

Rose Marie Adams

The Evil That Lurks Within

Corrupt Washington

Fighting For Change

Did You Check First?

It's fine to have an opinion. It's better to know the facts.

Real Mommies and Daddies of the Real America and our Children who Want to Come Home


The Lizard Farmer

"You can't starve us out and you can't make us run 'cause we're them old boys raised on shotguns" -Bocephus


Call for compliance with 2010 UN Human Rights Sexual Assault Response

Protecting Peoples Rights

The sworn duty of all public servants

Rcooley123's Blog

Rick Cooley's Blog


Social Justice

No Loss for Words

Thoughts from a Back Bencher!


The website where movies count

We Hold These Truths To Be Self-Evident

that all men are created equal

Simply Sumptious

at the Corrigan Cafe

Free Obituaries & Memorials

In Loving Memory of Those We Have Loved & Those We Have Loved

The Unraveling

Just another weblog

Spokane Police Abuses: Past to Present

The People of Spokane vs. Law Enforcement Abuse, Impunity, Corruption, and Cover-up

Spiritual Man

The Journey to a Spiritual Life


A topnotch site

WatchBlog: Official Blog of the U.S. Government Accountability Office

GAO provides fact-based, nonpartisan information to Congress. The WatchBlog offers short, shareable insights from GAO reports on a wide variety of topics.


Welcome to the world of cats!

Tuck The Law Dog site

Snohomish County Reporter

Standing for those who cannot stand for themselves


Lake Stevens news source. Your community news source by choice. On Twitter @LSNewsSpot. Send news tips to:

Queen City +Addendum

Years ago, I thought up the name Queen. It's just a name. But it's regal, obviously, and -sounds splendid. ~ Freddie Mercury

Roger Goodman - Not A Good Man

The truth has finally come out... and it's not pretty.

Straight from the Horse's Heart

A Spiritual Ride through Love, Loss and Hope

Animal Law News & Abuse

Animal Rescuer & Owner resource site: news, views, civil rights, & politics

Dairy Carrie

Running the world while ignoring the dishes.

Don Charisma

because anything is possible with Charisma

The Dark Side of Animal Rescue

Stories about struggle, hope and love

Up on the Woof

Biscuits of dog-related stuff from author & animal advocate, C.A.Wulff

So Stupid ~ It's True

Stories from around the country that are so stupid that they have to be true

On the Mark

about our enemy the state

%d bloggers like this: