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Lawyer Discipline in Washington Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
Fax: 206-727-8325Introduction

This information sheet is for anyone who is considering filing, or who has filed, a grievance with the Washington State Bar Association.  It is published as a public service to explain the lawyer discipline process and related topics.  The Washington State Bar Association is an extension of the Washington State Supreme Court, which regulates lawyer conduct.  The Washington State Bar Association is not funded by taxpayer money.  It is funded by fees paid by lawyers licensed to practice law in Washington State.

Filing a grievance is a very serious matter because you are charging a lawyer with unethical conduct. Before you file a grievance with us, please consider resolving your dispute directly with the lawyer. A lawyer may refuse to continue to represent you after you have filed a grievance against him or her and you may need to find a new lawyer.  If you have a disability, or need assistance in filing a grievance, please call us and we will take reasonable steps to accommodate you. What We Can DoOur only authority is to discipline a lawyer and our resources are limited.  Each grievance is evaluated by the Office of Disciplinary Counsel to determine if it contains facts that may show a violation of the
Rules of Professional Conduct and what, if any, further action is warranted. The rules can also be

obtained from our office.

If we evaluate your grievance and decide that there has been no violation of the rules or that we will

not further investigate your grievance, we will tell you why. A three-member Review Committee of

the Disciplinary Board, which consists of both lawyers and non-lawyers, can review our decisions. 

If we investigate your grievance and believe there is enough evidence to warrant further action, a

recommendation will be sent to a Review Committee of the Disciplinary Board for its consideration.What We Can't Do

Reimbursement: Disciplinary proceedings are not a substitute for your own lawsuit against the


  Therefore, in general, you should not expect to receive any money or reimbursement for monetary

loss as a result of filing a grievance.

Legal Advice: We cannot give you legal advice or represent you, nor can we recommend a lawyer for

you.  If you need a lawyer, please check with your local bar association for information on its lawyer

referral service.  The telephone number for the King County Bar Association Lawyer Referral Service

is (206) 623-2551 and its web site is http://www.kcba.org/.

Non-Members: If your grievance involves a non-lawyer who is not affiliated with a licensed lawyer,

or a lawyer who is not licensed to practice in the State of Washington, we recommend that you contact

the Practice of Law Board by calling (206) 727-8252 or online through http://www.wsba.org/. We

maintain records of all lawyers licensed with us.  You may call (206) 727-8207 to inquire about a

lawyer's membership status.

Fee Disputes: Generally, you should not expect us to discipline your lawyer to resolve a fee dispute.

Discuss your concerns about fees with your lawyer.

Rude Behavior: You should not expect us to discipline a lawyer for conduct that you perceive to be

rude or discourteous.  Usually, poor customer service does not constitute an ethical violation.

Related Cases: Generally, we will defer action on your grievance if there is related pending litigation. 

Opposing Lawyer: Many grievances are filed against an opposing party's lawyer.  Although you may

disagree with an
opposing lawyer's conduct, particularly if it has a negative impact on you, the lawyer's conduct is not

necessarily unethical.

Personal Matters: We typically do not investigate matters arising from a lawyer's personal life, such

as disputes with neighbors, creditors or spouses. 

Judges: We generally do not investigate complaints against judges. The Commission on Judicial

Conduct has been created to consider complaints about a judge's or court commissioner's alleged

misconduct or disability. These complaints should be sent to the Commission on Judicial Conduct,

P.O. Box 1817, Olympia, Washington 98507; telephone (360) 753-4585; http://www.cjc.state.wa.us/.COMMON COMPLAINTS

Errors in judgment: Many grievances we receive involve disagreements about the way a case should

be handled, or should have been handled, but do not involve ethical violations. Similarly, a grievance

about a mistake or an error in judgment may not necessarily involve an ethical violation.
File disputes: A lawyer may keep your file by claiming a lien, but a lawyer may not withhold your file

if this would materially interfere with your legal interests.  If your lawyer will not give you your file,

you should consider talking to another lawyer about resolving this problem.  If you are considering

filing a grievance against your lawyer about a file dispute, please first call our office.  Additional

information is available in our brochure Communicating with Your Lawyer.

Communication problems: If your lawyer is not returning your telephone calls, write to your lawyer

and ask him or her to call you.  If you do not receive a response, and you are considering filing a

grievance against your lawyer about a communication problem, please first call our office. 

Additional information is available in our brochure Communicating with Your Lawyer.

Mishandling of money or property: The Rules of Professional Conduct contain strict rules

regarding the handling of client funds and property.  If, after making reasonable inquiry of your

lawyer, you think that your lawyer has not followed these rules, you need to act immediately: file

a grievance with our office, contact your local police department or prosecuting attorney, and seek

independent legal advice regarding your legal rights.  If you believe that a lawyer has taken funds

or property from you dishonestly, you may be eligible for some compensation from the

Lawyer's Fund for Client Protection.  Application forms are available by calling (206) 443-9722

or online through http://www.wsba.org/.  Since time limits may apply, you should act promptly.

To discuss filing a grievance, call us at (206) 727-8207.  Your grievance must be written and signed. 

We prefer that you use our grievance form, which contains additional instructions.  There is no fee for,

or time limit on, filing a grievance.

Your grievance will be handled in a manner that is fair to you and to the lawyer involved.  Generally,

by filing a grievance with us, you consent to disclosure of the contents of your grievance to the lawyer

and to others contacted in the investigation, and to disclosure by the lawyer and others contacted in

the investigation of relevant information.  If you have questions about confidentiality, you should call

us to discuss this before filing your grievance. 

Grievances filed with our office are not public information when filed, but your grievance may

become public.  Usually, the lawyer will receive a copy of your grievance.  If the lawyer responds

to your grievance, you generally will receive a copy of the lawyer's response.  If we determine that it

is appropriate to investigate your grievance, we will give you the name of the person investigating

your grievance and you will have a reasonable opportunity to speak with that person.

If your grievance is investigated, it is difficult to predict how long it will take to complete the

investigation.  We sometimes assign cases to volunteer lawyers (called "Adjunct Investigative

Counsel") to investigate on our behalf. You may be asked to participate in one or more interviews

or to submit additional information.  You generally have a right to attend any hearing conducted into

the grievance and you may be called as a witness and asked to testify under oath.  We can recommend,

after a public hearing, that a lawyer receives an admonition or reprimand, that a lawyer's right to

practice law is suspended, or that a lawyer be disbarred.
When you file a grievance with us, you also have some duties. You have a duty to furnish us with

relevant documents and a duty to provide us with the names and addresses of relevant witnesses. 

You have a duty to assist us in securing evidence and a duty to appear and testify at any hearing. 

If you do not meet your duties, we may dismiss your grievance.

If your grievance is dismissed, you have a right to dispute that dismissal and request reconsideration. 

On receipt of a request for review, the Office of Disciplinary Counsel may, at its option, either reopen

the investigation or forward your request for review to a Review Committee of the Disciplinary Board.

  Any request for review of a dismissal must be in writing and must be mailed or delivered to us within

45 days of the dismissal date.  If your grievance is dismissed, your file will be destroyed three years

after the dismissal first occurred.

Last Modified: Tuesday, April 07, 2009

A collection of case law Are you thinking about suing a judge? Before you do, read this. It is some case snippets that cover the basics on suing judges. For more information, look up the case law yourself.

Frank BARRETT, Plaintiff-Appellee, v. Nancy I. HARRINGTON, a/k/a Penny Harrington, Defendant-Appellant. No. 96-6207. United States Court of Appeals, Sixth Circuit. Argued Aug. 5, 1997. Decided Nov. 20, 1997.

--- F.3d ---- ------------

Excerpt from page 1997 WL 721830 (6th Cir.(Tenn.)) (A) Letters to Prosecutors

The discrete issue presented here is whether a judge's instigation of a criminal investigation against a disgruntled litigant, taken to protect the integrity of the judicial system, is a "judicial act" and therefore entitled to absolute judicial immunity.

As noted above, the Supreme Court has formulated the two-prong functional test to determine whether an act is judicial. The first prong of the functional approach asks whether the function is one "normally performed by a judge." Stump, 435 U.S. at 362. Clearly, the instigation of a criminal investigation by the filing of a complaint is not itself a paradigmatic judicial act, i.e., an act which occurs in the context of resolving disputes between two parties. Forrester, 484 U.S. at 227.

--- F.3d ---- ------------

Excerpt from page 1997 WL 721830, *10 (6th Cir.(Tenn.)) FN11. In the following cases, courts have found that the judges acted in their judicial capacity and were entitled to immunity: Mireles v. Waco, 502 U.S. 9, 112 S.Ct. 286, 116 L.Ed.2d 9 (1991)(judge's alleged actions in directing police officers to bring attorney who was in the courthouse into his court were taken in judge's "judicial capacity" and, thus, judge was immune from S 1983 suit, even though judge allegedly directed officers to carry out order with excessive force); Burns v. Reed, 500 U.S. 478, 492, 111 S.Ct. 1934, 1942, 114 L.Ed.2d 547 (1991)(issuance of a search warrant is unquestionably a judicial act); Stump v. Sparkman, 435 U.S. 349, 98 S.Ct. 1099, 55 L.Ed.2d 331 (1978)(Indiana circuit court judge performed an act normally performed by judges in approving a mother's ex parte petition to have her 15 year old "somewhat retarded" daughter sterilized); Sheppard v. Maxwell, 384 U.S. 333, 358, 86 S.Ct. 1507, 1520, 16 L.Ed.2d 600 (1966)(a judge acts in a judicial capacity when exercising control of the judge's courtroom); Ireland v. Tunis, 113 F.3d 1435 (6th Cir.1997)(issuance of an arrest warrant was a judicial act); Cameron v. Seitz, 38 F.3d 264, 271 (6th Cir.1994)(state probate court judge's actions of not taking probate court employee's recommendations on disposition of juvenile cases, and barring employee's admittance into court were judicial acts and therefore subject to immunity despite the employee's allegations that judge made his decisions out of hostility arising from the employee's marriage to judge's secretary); Sparks v. Character and Fitness Committee of Kentucky, 859 F.2d 428 (6th Cir.1988), cert. denied, 489 U.S. 1011, 109 S.Ct. 1120, 103 L.Ed.2d 183 (1989)(actions taken by State Supreme Court, and Committee on Character and Fitness in denying application for admission to state bar were judicial acts); Ashelman v. Pope, 793 F.2d 1072 (9th Cir.1986)(extending judicial immunity to a judge who allegedly conspired with a prosecutor to predetermine outcome of proceeding).

In the following cases, courts have found that the judges acted outside of their judicial capacity and were not entitled to immunity: Forrester v. White, 484 U.S. 219, 108 S.Ct. 538, 98 L.Ed.2d 555 (1988)(state court judge did not have absolute immunity from damages suit under S 1983 for his decision to demote and dismiss a probation officer); Morrison v. Lipscomb, 877 F.2d 463 (6th Cir.1989)(state court judge was not entitled to judicial immunity in connection with order declaring moratorium on issuance of writs of restitution from December 15 through January 2, as judge was acting in administrative and not judicial capacity); King v. Love, 766 F.2d 962, 968 (6th Cir.), cert. denied, 474 U.S. 971, 106 S.Ct. 351, 88 L.Ed.2d 320 (1985)(although setting bond on an arrest warrant is a judicial act, the act of deliberately misleading the police officer who was to execute the warrant about the identity of the person sought was nonjudicial); Sevier v. Turner, 742 F.2d 262 (6th Cir.1984)(juvenile court judge's initiation of criminal prosecution and civil contempt proceeding against father for child support in arrears constituted nonjudicial acts); New Alaska Development Corporation v. Guetschow, 869 F.2d 1298 (9th Cir.1988)(receiver appointed by state court to manage business assets of an estate was entitled to absolute derivative judicial immunity, but receiver was not absolutely immune from allegations that he stole assets or slandered parties, as such alleged acts were not judicial); Harper v. Merckle, 638 F.2d 848 (5th Cir.), cert. denied, 454 U.S. 816, 102 S.Ct. 93, 70 L.Ed.2d 85 (1981)(holding a contempt proceeding and ordering plaintiff incarcerated were not judicial acts where controversy that led to incarceration did not center around any matter pending before the judge, but around domestic problems of plaintiff former wife who worked at the courthouse); Harris v. Harvey, 605 F.2d 330 (7th Cir.1979), cert. denied, 445 U.S. 938, 100 S.Ct. 1331, 63 L.Ed.2d 772 (1980)(allegedly repeated communications to the press and city officials which were critical of police lieutenant, and the improper instigation of criminal proceedings against the lieutenant by judge as part of a racial campaign to discredit lieutenant were not judicial acts).

--- F.3d ---- ------------

Excerpt from page 1997 WL 721830, *18 (6th Cir.(Tenn.))

Gregory JOHNSON; Albert P. Owens; Robert Lynn Hill; Eddie Luellen, Plaintiffs-Appellants, v. Kenneth Austin TURNER, Individually and in his capacity as elected Juvenile Court Judge of Memphis and Shelby County; Herbert Lane; Michael H. Craig; A.C. Gilless, Individually and in his capacity as Sheriff of Memphis and Shelby County; Shelby County Government, a Home-Ruled County Governmental Entity Operating as a Governmental Municipality; Veronica Coleman, Individually and in her capacity as Shelby County Government Attorney-Employee; William Moore; Virginia Skinner, Individually and in her capacity as Shelby County Deputy Sheriff in charge of the criminal warrant division, Shelby County Government; Harold Horne, Individually and in his capacity as Shelby County Government Attorney-Employee, Defendants-Appellees, State of Tennessee, Intervening Defendant-Appellee. No. 94-5919. United States Court of Appeals, Sixth Circuit. Argued Oct. 16, 1995. Decided 125 F.3d 324

Thus, for example, a judge may be liable for action taken in his role as employer, Forrester v. White, 484 U.S. 219, 227-30, 108 S.Ct. 538, 544-46, 98 L.Ed.2d 555 (1988) (demotion and discharge of court employee is an administrative decision and not "a judicial act"), or for an action that is administrative in nature and that does not alter the rights and liabilities of the parties, Morrison v. Lipscomb, 877 F.2d 463, 464-66 (6th Cir.1989). This court also has held that the initiation of accusatory processes, such as criminal prosecutions or civil contempt proceedings, is a non-judicial act that may subject a judge to liability. Sevier v. Turner, 742 F.2d 262, 272 (6th Cir.1984). However, recently, in Barnes, we explained that the exception to absolute immunity, when a judge engages in a purely prosecutorial function, is a narrow one; and, even if the judge encroaches upon prosecutorial functions, the *334 broad shield of absolute immunity is not automatically overcome. 105 F.3d at 1118-119.

125 F.3d 324


Excerpt from pages 125 F.3d 324, *333-125 F.3d 324, *334

Johnida W. BARNES, Plaintiff-Appellee, v. Byron R. WINCHELL, Defendant-Appellant. No. 95-4008. United States Court of Appeals, Sixth Circuit. Feb. 3, 1997.

105 F.3d 1111 It is precisely when an issue facing a judge sparks intense emotions that the judge's fidelity to independent and fearless decisionmaking is of the utmost importance. See Stump, 435 U.S. at 364, 98 S.Ct. at 1108 (recognizing that the controversial nature of the issue "is all the more reason that [a judge] should be able to act without fear of suit."). To render a judge liable to answer in damages to every litigant who feels aggrieved during the course of judicial proceedings, "would destroy that independence without which no judiciary can be either respectable or useful." Bradley, 80 U.S. (13 Wall.) at 347.

Accordingly, we conclude that Judge Winchell's actions as the presiding judge in the underlying criminal prosecutions of Ms. Barnes do not amount to non- judicial acts stripping him of the absolute judicial immunity presumptively available to him. F. Claim of Absence of All Jurisdiction [11] Having determined that Judge Winchell's actions were judicial, we next consider whether Judge Winchell acted in complete absence of all jurisdiction, the second prong of a judicial immunity inquiry. See Mireles, 502 U.S. at 12, 112 S.Ct. at 288. Ms. Barnes claims that Judge Winchell never properly acquired jurisdiction over the misdemeanor charges against her because the prosecutor had only authorized criminal trespass actions.

The term "jurisdiction" is to be broadly construed to effectuate the purposes of judicial immunity. Stump, 435 U.S. at 356, 98 S.Ct. at 1104-05. Acts done "in the clear absence of jurisdiction," for which no immunity is afforded, should be distinguished from actions in "excess of jurisdiction," which fall within the ambit of immunity protection. Id. at 357 n. 7, 98 S.Ct. at 1105 n. 7 (quoting Bradley, 80 U.S. (13 Wall.) at 351-52). Thus, for example, a criminal court judge would be immune from liability for convicting a defendant of a nonexistent crime, an act taken in excess of his jurisdiction, whereas a probate court judge would not be immune from liability if he tried a criminal case because he clearly lacked all subject matter jurisdiction. Id. (citing Bradley, 80 U.S. (13 Wall.) at 352).

[12] Generally, where a court has some subject matter jurisdiction, there is sufficient jurisdiction for immunity purposes. Adams, 764 F.2d at 298. In Sevier, despite the fact that a judge of limited jurisdiction ordered the initiation of criminal and contempt proceedings, this court noted that the judge was "empowered to handle Juvenile Court cases ... [and], therefore, did not act in the clear absence of all jurisdiction." Sevier, 742 F.2d at 271; see also Lopez, 620 F.2d at 1234 (despite not being assigned to the particular branch of court, the judge was authorized by law to hear the kind of case in which he acted; his actions were not taken in clear absence of all jurisdiction).

[13] In this case, Judge Winchell had jurisdiction over the subject matter of the underlying actions. The Chillicothe Municipal Court has specific statutory jurisdiction over "the violation of any misdemeanor committed within the limits of its territory." Ohio Rev.Code Ann. S 1901.20(A) (Banks- Baldwin West 1996). "In any action or proceeding of which a municipal court has jurisdiction," a municipal court judge is further authorized "to exercise any other powers that are necessary to give effect to the jurisdiction of the court and to enforce its judgements, orders, or decrees." Ohio Rev.Code Ann. S 1901.13 (Banks-Baldwin West 1996). Although the municipal court is a court of limited, rather than general, jurisdiction, we have held that even "judges of courts of limited jurisdiction are entitled to absolute immunity for their judicial acts unless they act in the clear absence of all jurisdiction." King v. Love, 766 F.2d 962, 966 (6th Cir.), cert. denied, 474 U.S. 971, 106 S.Ct. 351, 88 L.Ed.2d 320 (1985).

In the present action, the complaint states that the local prosecuting authority had granted Scott and Carolyn Barnes authorization to initiate criminal proceedings against Ms. Barnes. Compl. P 12. Both criminal trespass and menacing by stalking, the two *1123 potential crimes at issue here, constitute misdemeanors over which the municipal court properly could maintain jurisdiction. Therefore, by statute, Judge Winchell was empowered to preside over the criminal proceedings that flowed from these misdemeanor complaints. Even assuming that there was a procedural problem with respect to the scope of the prosecutor's authorization, Judge Winchell was not wholly without jurisdiction. Such a situation would more closely resemble a judge convicting a criminal of a non-existent crime than a probate court judge trying a criminal case. Thus, Judge Winchell's actions were not taken in the clear absence of all jurisdiction.

Finally, included in the absolute judicial immunity balance is the availability of alternate forums and methods, apart from a civil suit for damages, for litigants to protect themselves from the potential consequences of actions taken by a judge. See Forrester, 484 U.S. at 227, 108 S.Ct. at 544 (emphasizing that a damages suit is not a litigant's only recourse: "Most judicial mistakes and wrongs are open to correction through ordinary mechanisms of review, which are largely free of the harmful side-effects inevitably associated with exposing judges to personal liability."). If Ms. Barnes felt that Judge Winchell was exceeding his authority or taking an inappropriate personal interest in her cases, she had at her disposal appropriate recourse through Ohio appellate courts, and/or the procedural mechanism to disqualify a municipal court judge, Ohio Rev.Code Ann. S 2937.20 (Banks-Baldwin West 1996). In fact, the complaint details that Ms. Barnes successfully utilized the latter method. Compl. P 17.

105 F.3d 1111


Excerpt from pages 105 F.3d 1111, *1122-105 F.3d 1111, *1123

Thomas Martin MALINA and Mrs. Thomas Martin Malina, Plaintiffs-Appellees, v. Judge Douglas GONZALES, Defendant-Appellant. No. 91-3757. United States Court of Appeals, Fifth Circuit. June 25, 1993. Rehearing Denied Aug. 26, 1993.

994 F.2d 1121 227k36 k. Liabilities for official acts. C.A.5 (La.),1993. Judge's actions in stopping motorist on highway, using police officer to summon motorist unofficially, and charging motorist with various crimes were not judicial acts for purposes of claiming absolute judicial immunity.

994 F.2d 1121 RICO Bus.Disp.Guide 8083 Unpublished Disposition

NOTICE: First Circuit Local Rule 36.2(b)6 states unpublished opinions may be cited only in related cases.

(The decision of the Court is referenced in a "Table of Decisions Without Reported Opinions" appearing in the Federal Reporter.)

C.D. Di GIAMBATTISA, Plaintiff, Appellant, v. Sheila E. McGOVERN, et al., Defendants, Appellees. No. 92-1168. United States Court of Appeals, First Circuit. September 4, 1992

974 F.2d 1329 (Table)


Excerpt from page 974 F.2d 1329, 1992 WL 214444 (1st Cir.(Mass.)) Federal courts "have proceeded on the assumption that common-law principles of legislative and judicial immunity were incorporated into our judicial system and that they should not be abrogated absent clear legislative intent to do so." Pulliam v. Allen, 466 U.S. 522, 529 (1984). Under the common law, judges are generally immune from civil liability for judicial acts, subject to the conditions described above, but they do not enjoy immunity from criminal liability. See O'Shea v. Littleton, 414 U.S. 488, 503 (1974). Thus, the fact that judges have been held criminally liable for violating RICO in no way suggests that Congress intended to give civil RICO plaintiffs a remedy not available to those who sue judges under the common law. And, as we see no other indication of Congressional intent, we decline to deprive these judges of the immunity to which they are generally entitled by settled legal principles.

**2 Mr. Di Giambattista also contends that the judges here should not be protected by immunity because they acted in "the clear absence of all jurisdiction." The "scope of ... jurisdiction must be construed broadly where the issue is the immunity of the judge," Stump v. Sparkman, 435 U.S. at 356, and a judge will doff the cloak of immunity only when he conducts proceedings over which he lacks any semblance of subject-matter jurisdiction. Thus, in a classic example offered by the Supreme Court 120 years ago, "if a probate court, invested only with authority over wills and the settlement of estates of deceased persons, should proceed to try parties for [criminal] offenses, jurisdiction over the subject of offenses being entirely wanting in the court, and this being necessarily known to its judge, his commission would afford no protection to him in the exercise of the usurped authority." Bradley v. Fisher, 80 U.S. 335, 352 (1872). On the other hand, if a judge in a criminal court convicts a defendant of even a non-existent crime, he maintains his immunity, because "where jurisdiction over the subject-matter is invested by law in the judge, or in the court which he holds, the manner and extent in which the jurisdiction shall be exercised are generally as much questions for his determination as any other questions involved in the case...." Id. None of the acts identified by Mr. Di Giambattista was actionably extra- jurisdictional according to this standard. Massachusetts probate courts have general equity jurisdiction, M.G.L. c. 215 S 6, and the removal of a trustee or executor is an exercise of such equity jurisdiction. See, e.g., Gorman v. Stein, 1 Mass. App. Ct. 244 (1973). Thus, Judge Sullivan's rulings during the trial, whether or not correct, fell within his purview as a probate judge, and even Judge Highgas, though not the trial judge, did not act in the "clear absence of all jurisdiction" by hearing motions and issuing orders that affected the case, since "jurisdiction over the subject-matter [was] invested by law ... in the court which he [held]." Bradley v. Fisher, 80 U.S. at 352.

974 F.2d 1329 (Table)


Excerpt from pages 974 F.2d 1329, 1992 WL 214444, **1 (1st Cir.(Mass.))-974 F.2d 1329, 1992 WL 214444, **2 (1st Cir.(Mass.))


SUPREME COURT 415 12th Ave SW, PO Box 40929, Olympia, WA 98504-0929 General Information: 360-357-2077 Email: supreme@courts.wa.gov Website: www.courts.wa.gov

Gerry L Alexander, Chief Justice ..........................J_G.Alexander@courts.wa.gov
Charles W Johnson, Justice
Barbara A Madsen, Justice
Richard B Sanders, Justice Tom Tom Chambers, Justice
Susan J Owens, Justice
Mary E Fairhurst, Justice
James M Johnson, Justice
Debra L Stephens, Justice
SUPREME COURT CLERK 415 12th Ave SW, PO Box 40929, Olympia, WA 98504-0929 General Information: 360-357-2077 Email: supreme@courts.wa.gov
Ronald R Carpenter, Clerk
Susan L Carlson, Deputy Clerk
SUPREME COURT COMMISSIONER 415 12th Ave SW, PO Box 40929, Olympia, WA 98504-0929 General Information: 360-357-2057
Steven Goff, Commissioner ........................................................... steve.goff@courts.wa.gov
Walter M Burton, Deputy Commissioner ..................................... walter.burton@courts.wa.gov
REPORTER OF DECISIONS 415 12th Ave SW, PO Box 40929, Olympia, WA 98504-0929 General Information: 360-357-2090 Fax: 360-357-2099 Email: reporter@courts.wa.gov


DIVISION III 500 N Cedar St, Spokane, WA 99201-1905 General Information: 509-456-3082 Clerk's Office Fax: 509-456-4288 Commissioner's Office Fax: 509-625-5544

Stephen M Brown, Judge
Kevin M Korsmo, Judge
Teresa C Kulik, Acting Chief Judge
John A Schultheis, Chief Judge
Dennis J Sweeney, Judge
Joyce J McCown, Commissioner
Monica V Wasson, Commissioner
Renee S Townsley, Clerk/Administrator


SUPERIOR COURT 1116 W Broadway Ave, Spokane, WA 99260-0350 

Phone: 509-477-5790 Fax: 509-477-5714 Website: www.spokanecounty.org/asp/gov_courts.asp#superior

Robert D Austin, Judge ................................................................ dept1@spokanecounty.org
Ellen Kalama Clark, Judge ........................................................... dept12@spokanecounty.org 
Harold D Clarke, III, Judge .......................................................... dept8@spokanecounty.org 
Salvatore F Cozza, Judge ............................................................. dept3@spokanecounty.org Tari S Eitzen, Judge .................................................................. .. dept6@spokanecounty.org
Jerome J Leveque, Judge ............................................................. dept9@spokanecounty.org
Maryann C Moreno, Judge ............................................................ dept7@spokanecounty.org
Kathleen M O'Connor, Judge ........................................................ dept4@spokanecounty.org
Michael P Price, Judge ................................................................. dept5@spokanecounty.org Neal Q Rielly, Judge .................................................................... dept2@spokanecounty.org
Gregory D Sypolt, Judge ............................................................. dept11@spokanecounty.org
Linda G Tompkins, Judge ............................................................ dept10@spokanecounty.org
Steven N Grovdahl, Commissioner ........................................... familylaw@spokanecounty.org
Valerie Jolicoeur, Commissioner ............................................... familylaw@spokanecounty.org
Royce H Moe, Commissioner ................................................... familylaw@spokanecounty.org
Michelle L Ressa, Commissioner ............................................... familylaw@spokanecounty.org
James M Triplet, Commissioner ............................................... familylaw@spokanecounty.org
Joseph F Valente, Commissioner .............................................. familylaw@spokanecounty.org
Ron E Miles, Administrator ........................................................... rmiles@spokanecounty.org

COUNTY CLERK 1116 W Broadway Ave, Rm 300, Spokane, WA 99260-0350

Website: www.spokanecounty.org/clerk/

Thomas R Fallquist, County Clerk .............................................. tfallquist@spokanecounty.org

DISTRICT COURT 1100 W Mallon Ave, Public Safety Bldg, Spokane,

WA 99260-0150 Phone: 509-477-4770 Fax: 509-477-6445 Website: www.spokanecounty.org/districtcourt/

Patricia Connolly Walker, Judge ................................................. pwalker@spokanecounty.org
John O Cooney, Judge .............................................................. jcooney@spokanecounty.org
Sara B Derr, Judge ...................................................................... sderr@spokanecounty.org
Debra R Hayes, Judge .............................................................. drhayes@spokanecounty.org
Vance W Peterson, Judge ....................................................... vpeterson@spokanecounty.org Annette S Plese, Judge ............................................................... aplese@spokanecounty.org
Gregory J Tripp, Judge ................................................................ gtripp@spokanecounty.org
Richard B White, Judge ............................................................... rwhite@spokanecounty.org
Donna Wilson, Judge ................................................................ dwilson@spokanecounty.org Randy Brandt, Commissioner ..................................................... rbrandt@spokanecounty.org
C Bradley Chinn, Commissioner ................................................... cchinn@spokanecounty.org
M Virginia Rockwood, Commissioner ....................................... vrockwood@spokanecounty.org
Charles E Rohr, Commissioner ....................................................... crohr@spokanecounty.org
Robert M Seines, Commissioner .................................................. rseines@spokanecounty.org

Location & Mailing AddressPublic Defender's Office
1033 West Gardner
Gardner Court Building
Spokane, WA 99260Contact Us

Phone: (509) 477-4246
Fax: (509) 477-2567Office Departments and Contacts
Position/NamePhone Number
Director: John Rodgers 477-4812
Chief Deputy: Scott Mason 477-4863
Felony Supervisor:  Doug Boe 477-4831
Misdemeanor Supervisor: Jay Ames 477-4816
Juvenile Supervisor: George Caplan 477-4810
Dependency Supervisor: Tim Gallagher 477-4867
Civil Commitment contact: Amy Sullivan 477-4828
Truancy, CHINS, ARY contact: David Carter 477-4864
Drug Court contact: Rik Wallis 477-4842
Clerk / Intern contact person: George Caplan 477-4810
Office Manager: Beverly Hannibal 477-4803

Cases We Handle (and Do Not Handle)Cases We HandleFelony and Misdemeanor Charges that carry a possible jail sentence, which are filed in the District or Superior Courts of Spokane County. Also certain misdemeanor charges in the City of Spokane Valley, Deer Park, Liberty Lake and Millwood. Probation Violations in felony cases or "show cause" matters in misdemeanor cases. Juvenile Delinquency Cases filed in the juvenile division of Spokane County Superior Court. Civil Commitment Cases, involving individuals who are placed against their will in locked treatment facilities because of mental health or substance abuse allegations. Dependency Cases in Spokane County Superior Court's juvenile division, involving parents' rights to the care & custody of their children. Youths accused of contempt of court in Truancy cases, involving failure to attend school. Children involved in "At Risk Youth" or "Children in Need of Services" petitions, which are also held in the juvenile division. Cases We Do Not HandleCases on which you have not been charged or arrested yet. Federal cases, or traffic tickets that do not have jail as a punishment. Clients charged with a crime in the City of Spokane Municipal Court. Appeals of any kind Cases outside of Spokane CountyForfeiture cases, even if the police took your cash or property in connection with a charge we are representing you on.   Department of Licensing (DOL) hearings regarding your driver's license, even if we are representing you on the case the license revocation is based on.

Helpful Links and Phone NumbersDefense and Legal Aid OrganizationsWashington Defender Association - 206-623-4321 Washington Association of Criminal Defense Attorneys (requires a login) Washington State Office of Public Defense - 360-586-3164 City of Spokane Public Defender - 509-835-5955 National Association of Criminal Defense Attorneys (NACDL) National Legal Aid & Defender Association Federal Defender of Eastern Washington & Idaho - 509-624-7606 Center for Justice 509-835-5211 Courts Washington Office of the Administrator of the Courts includes court directories, abundant studies and reports. Spokane County Superior Courts (including Juvenile) Other Criminal Justice OrganizationsWashington Sentencing Guidelines Commission - This website includes the Sentencing Guidelines Manual, worksheets for specific offenses, and a wealth of sentencing studies and reports. Washington Association of Prosecuting Attorneys (WAPA) Spokane County Sheriff (including a very useful web page about the Spokane jail) Statutes and CodesWashington Legislative Bills, by number Spokane County Code Spokane Municipal Code FormsOfficial Washington State Courts Website, including Forms Washington Sentencing Guidelines Commission- worksheets for specific offenses

The Criminal Justice ProcessReporting the Crime/InvestigationWhen a crime is reported to law enforcement, an officer is sent to the crime scene to find out what happened.  An arrest may be made at that time.  Many times a detective with special training is assigned to the case.  The detective will interview all parties involved, gather evidence, and write a report that will be sent to the Prosecuting Attorney with a charging request.  Spokane County Prosecutor’s Office does not investigate crimes and crimes that are not referred to our office by law enforcement will not be reviewed for charging.Charging Decision

Once a charging request is sent to our office by law enforcement for review, the report is assigned to one of the Deputy Prosecuting Attorneys.  The report is evaluated to determine if there is enough evidence to file charges.  One of three things will occur: (1) no charges are filed due to lack of evidence or other considerations; (2) further investigation is required and law enforcement is asked to obtain additional information; or (3) charges are filed in a document called an Information. It is important to remember that if charges are filed, it is on behalf of the State of Washington and not the crime victim. The prosecutor represents the State of Washington and does not represent victims or witnesses of the crime.Warrant or Summons

If the decision is made to file charges, the defendant will be notified of the charges by either a summons that is sent via the mail or a warrant will be issued for their arrest.  In most cases, a summons is issued.  However, if the case involves allegations of violence, a warrant may be issued.First Appearance

If a suspect is arrested and held in jail, they are entitled to a hearing before a judge within 72 hours of arrest called a first appearance.  This appearance determines if the defendant is released or if they have to post a bond.  The charges will be read to the defendant, he/she will be advised of his/her rights, and appointed an attorney if needed.  No plea will be entered.  Unless it is a capital offense, no defendant can be held without bond while pending trial.  Other conditions of release, such as no contact with the victim, can be addressed.Arraignment

Approximately two weeks after the first appearance, the defendant and his/her attorney will be required to appear in court for the arraignment.  During the arraignment, the charges will be read again to the defendant, he/she will be informed of his/her rights, and the defendant will enter a not guilty plea.  The case will then be set for an omnibus hearing and trial.Meet & Greet

On some crimes, such as violent crimes, you may be contacted to meet with the deputy prosecutor assigned to your case.  This is generally an informational meeting and usually lasts 15-60 minutes.Defense Interviews

The defense attorney may wish to interview you.  This can happen anytime up until trial.  The Victim/Witness Unit will gladly set up an interview for the defense attorney or investigation.  You may tell them to contact the prosecutor’s office if they contact you directly.Omnibus Hearing

The omnibus hearing is a status conference for the defense attorney and prosecuting attorney to report on the progress of their case and request further information they need from the other attorney.  The trial date, set at the arraignment, may be reset at this time and the case is set for a pretrial conference.Pretrial Conference

The pretrial conference is generally held approximately two weeks prior to trial.  The attorneys report on the progress of their case and if the case is ready for trial or if the case has reached a settlement.  The trial date may be reset at this time if additional preparation is needed.Change of Plea

Many times the parties will reach a resolution in the case prior to trial, this is called a plea bargain. A plea bargain may involve an agreement to a particular sentence, a reduction in the number of charges or a change in the actual charge.  If a defendant accepts a plea bargain, there will be no trial, no requirement of the victim or witnesses to testify, no need to prove the allegations beyond a reasonable doubt, and no appeal.  Instead, the defendant will pled guilty under the terms of the bargain and the case will proceed to sentencing.  Sentencing is generally held immediately following a change of plea, however, it can be delayed and held at a later time.Trial

Trials will be heard either before a judge or jury.   Subpoenas will be issued to anyone who must testify in trial.  If you are issued a subpoena, you are required to appear for court and failure to do so may result in the judge issuing a warrant for your arrest.  It is very important to contact the Victim/Witness Unit or the Deputy Prosecuting Attorney assigned to the case prior to the trial date.  They will tell you when and where you need to appear.  Often time, while trials may start on the time and date of the subpoena, you may not be needed to testify until later in the week.  If a trial is continued, the subpoena remains valid and it becomes even more crucial to contact our office to obtain the correct time and date you are required to appear.  While trials are open to any interested person, many times witnesses will be barred from coming into the courtroom until they testify.  If you are a witness, do not enter the courtroom until you are instructed.Verdict

After the evidence is presented at trial, the judge or jury deliberates and reaches a verdict. The verdict may be guilty, not guilty or guilty of a lesser crime.  If the jury is unable to reach a verdict, the judge will declare a mistrial and the prosecutor will have to determine if they will re-try the case.  If the defendant is found not guilty, the case is over and he/she will be immediately released on that case.Sentencing

If the defendant changes his/her plea or is found guilty after trial, the case will proceed to sentencing.  Sentences are imposed within a standard range based on the crime and the defendant’s prior felony history.  While you do not have to appear at sentencing, we highly encourage it.  Many victims that attend the sentencing find some measure of closure.  In addition, it is important for the judge and defendant to hear how this crime has impact you.  You have the right to make or have a statement read at sentencing.  Someone from our Victim/Witness Unit would be happy to attend the sentencing with you and to read your statement to the court if necessary.Appeal

If the defendant pleads guilty he/she waives his/her right to appeal.  If the case proceeds to trial and the defendant is convicted, he/she has a right to appeal any conviction.  If successful, the conviction might be overturned or modified.  In some cases, the case may have to be retried, resentenced, or the prosecution may be barred from retrying the case completely.Restitution

If you have had a financial loss because of the crime, you have a right to request restitution.  Restitution can be ordered at sentencing or at a restitution hearing within 180 days from the date of sentencing.  Any request must have supporting documents to justify the amount such as estimations for the replacement value of the item lost.  Medical bills for injuries from the crime may be covered by Crime Victim’s Compensation.  Please contact the Victim/Witness Unit for a further explanation of this program.  This program does not cover loss to property.Questions

If you have any questions regarding the criminal justice process or your case in particular, do not hesitate to contact the Victim/Witness Unit.  We will be happy to assist you!

GuardianshipGuardianship CasesIt is the intent of the legislature to protect the liberty and autonomy of all people of this state, and to enable them to exercise their rights under the law to the maximum extent, consistent with the capacity of each person. The legislature recognizes that people with incapacities have unique abilities and needs, and that some people with incapacities cannot exercise their rights or provide for their basic needs without the help of a guardian. However, their liberty and autonomy should be restricted through the guardianship process only to the minimum extent necessary to adequately provide for their own health or safety, or to adequately manage their financial affairs.Guardianship Revised Code Of Washington (RCW) Statues

Please view RCW 11.88/ 11.92 (Guardianship) and RCW Title 26 (Domestic Relations) Guardian Ad Litem for more information.Court Appointed Guardian

A guardian is one who is legally responsible for the care and management of the person or property of an incapacitated or a minor.Court Appointed Guardian Ad Litem

A Guardian Ad Litem (GAL) is an adult who is appointed by the court to represent the best interests of an individual for a specific purpose for a specific period of time. Under the direction of the court, a GAL performs an investigation and prepares a report for the court of the GAL's findings and recommendations.Guardianship Monitoring Program

The Spokane County Superior Court appoints guardians for people who lack the capacity to make or communicate decisions because of mental or physical disability. While the goal of guardianship is to protect, people under guardianship can lose many important rights, including the right to vote, the right to drive, the right to decide where they will live, and the right to decide how their money will be used. Spokane County's Superior Court Judges are committed to keeping Spokane County's incapacitated people safe from abuse and exploitation.

The Spokane County Superior Court Guardianship Monitoring Program was implemented to improve the Superior Court’s ability to monitor guardians’ handling of the ongoing care and financial affairs of Spokane County’s incapacitated citizens under court-supervised guardianships. The court utilizes trained volunteers as Records Researchers, Financial Auditors, and Court Visitors.Mandatory Guardian Training

Pursuant to LSPR 98.24, effective January 1, 2007, Spokane County Superior Court has developed mandatory guardian training for nonprofessional (family & volunteer) guardians. This rule applies to all guardianship cases including those originating under RCW 11.88 and SPR 98.16W.Volunteer Opportunity

The Spokane County Superior Court Guardianship Monitoring Program recruits and trains volunteers to assist in monitoring guardianship cases. Volunteers are needed as Records Researchers, Financial Auditors, and Court Visitors to serve as the eyes and ears of the court to help detect or prevent abuse, neglect, and exploitation of incapacitated persons. Volunteers must be 21 years of age or older. Training and supervision are provided.Records Researchers

The Records Researchers research court files to verify that court-ordered documents and reports have been filed and update addresses and phone numbers of the incapacitated person and their guardian.Financial Auditors

The Financial Auditors review court-ordered accountings of the incapacitated person’s finances, submitted to the court by the guardian, to ensure that the incapacitated person’s finances are being handled properly and in their best interest.Court Visitors

The Court Visitors visit the incapacitated persons, guardians, and any other caregivers to ensure that the incapacitated person’s needs are being met and adequate care is being provided. This monitoring function enables the court to have first-hand information about persons under guardianship.

If you would like additional information, you may contact the Guardianship Monitoring Program online or telephone 509-477-2622.  



State of Your State County of Your County )

Delete all this SAMPLE text from "1." down to "I declare under penalty of perjury" and replace all this with YOUR STORY.

A good outline would be:

1. Name of plaintiff or petitioner (depends on the action)
2. Name of defendant or respondent (depends on the action)
3. If married, state date of marriage
4. If married, state name of spouse
5. Name of each child and date of birth (one paragraph for each child)
6. Name of parents of that child.
7. Date of contact by CPF or DSS or DCF (whatever the entity's name is)
8. Date of each additional contact.
9. Date (mm/dd/year). day (MTWTFSS), AND time of removal of child.
10. Place from which child was removed.
11. State the name or names of those who removed the child.
12. Reason given for removal.

Confused? See Simple version

1. I, Firstname Lastname hereby state that on Month Day, Year, Ms. Case Worker of CPS came to my front door and told me "there had been a report". She said that she wanted to "help me get this cleared up".

2. I thought this OBVIOUSLY was a mistake and I felt I had nothing to hide, so I LET HER IN MY HOUSE and TALKED with her, being unaware of my Constitutional Rights (or in spite of my assertion of them). Right here is where being ignorant of your Constitutional Rights or not asserting them has already shot you in the foot. Several important court cases have decided FOR the citizen here and Here. Family courts routinely do not care, but getting it ON THE RECORD is a really good idea.

3. Ms. Case Worker immediately started walking though my house looking in my cupboards, pantry, the refrigerator, closets, bathroom, and every room in my house.

4. Ms. Case Worker left and returned a couple hours later with two policemen and snatched my child(ren) and said this was (whatever she accuses you of)

5. Detail what happened after that.

AND THAT IS HOW YOU WRITE YOUR DECLARATION- The truth, the dates, the facts, the names. Spend a LOT of time writing this WELL (with spelling and grammar correct) and editing it down to hard-hitting FACTS. This is NOT a letter to Aunt Martha or a "text message" to your online pals.

Do NOT admit to anything.
Do NOT agree with anything the CPS worker said.

Stick it in and TWIST IT with the Social Worker's COLOR OF LAW CONSTITUTIONAL RIGHTS VIOLATIONS by getting you to let her into your house without a search warrant and talking with her without knowing about your Fifth Amendment Right against self-incrimination (And your Miranda Rights) and how FRAUDULENT, MENDACIOUS, and under-handed she had been in FABRICATING a FALSE ALLEGATION from a BOGUS "report".

Your side is empty
The CPS worker is certainly not likely to say anything good about you in HER Affidavit to the court. It will most likely be nothing but Maledicency (evil speaking). She is NOT an "investigator", she is a Validator. She is not being paid to be "fair" or "honest". This is the "*lie of omission". Even if she had "good" things to say to you to your face or over the phone, it isn't likely to appear in HER Affidavit. Anything "good" about you would go in YOUR side of the "Preponderance" balance. They couldn't have that, could they? *The Lie of Omission: A lie of omission is to remain silent when ethical behavior calls for one to speak up. A lie of omission is a method of deception and duplicity that uses the technique of simply remaining silent when speaking the truth would significantly alter the other person's (the judge's) capacity to make an informed decision.

Keep it to FACTS, dates, and names. Leave the emotional parts out.

**New June 5, 2008

Based on recent new court decisions and LAW we have become aware of, we are SUGGESTING you might think about adding:My children have been wrongfully and unlawfully removed from my physical custody without Constitutional DUE PROCESS, or even the pretext of Reasonable Efforts having been offered AS MANDATED BY 42 U.S.C. § 671 (a) (15) and 672 (a) (1), which removal meets the definition of KIDNAPPING according to18 USC Sec.1203 and are being held-"...in order to compel a third person .... to do or abstain from doing any act as an explicit or implicit condition for the release of the person detained, or attempts or conspires to do so..."

My CPS worker, (name here) coerced me into signing a "voluntary" Service Plan, which I had no part or input in creating. The CPS worker, (name here) threatened me that if I did not sign the "voluntary" service plan that my children would be TPR'ed. Which according to Amanda C., by and through Gary Richmond, natural parent and next friend, appellee, v. Kelly Case, appellant.__N.W.2d__ Filed May 23, 2008. No. S-06-1097 is unauthorized practice of law and acting under the color of law.

Additionally, in the opinion of Judge Stephen Limbaugh Jr. in the majority Opinion of the Supreme Court of Missouri In the Interest of: P.L.O. and S.K.O., minor children. SC85120 3/30/2004 "The mother voluntarily consented to the court's jurisdiction over her children, voluntarily transferred their custody to the division and never challenged the circumstances of their removal. Accordingly, she cannot now challenge whether an 'emergency' existed to justify removal of the children under (the statute in question) and this court need not address such a challenge."

I am therefore establishing ON THE RECORD that I strongly challenge that an emergency existed to remove my children, and most certainly do withdraw my "voluntary" surrender of the custody of my children.

Further, the UNITED STATES COURT OF APPEALS FOR THE SIXTH CIRCUIT in Smith et al. v. Williams-Ash No. 06-4638, Decided and Filed: March 26, 2008 said-We do not doubt that the Smiths, as any parents likely would, resented the safety plan from the beginning. But mere displeasure and frustration fails to negate their consent. Rather than remind Williams-Ash of what she already knew—that they disliked the plan—the Smiths needed to explicitly withdraw the consent they explicitly gave, thus requiring Children’s Services to either return the children or file a formal complaint against them. In light of their admitted failure to do so, the Smiths were not entitled to a hearing.

For this reason, I hereby rescind any and all signatures to "voluntary" service plans or any other "agreement". Such signature were obtained through duress, threat, and coercion. I had no way of knowing the long-range ramifications of doing so and now explicitly withdraw any consent I explicitly gave.

Therefore, I am requiring Children’s Services to either return the children to my physical custody or file a formal complaint against me.
Be aware that this document may cause CPS to offer you severe, sickening threats, and they may attempt to follow through trying to make the WORST happen to you. It is called Terrorism. But, they were probably about 50% likely to have done so anyway- especially if your children are young, cute, and ADOPTABLE. Yes, we do live in a really sucky society.

You have, at the very minimum, gotten THE TRUTH ON THE RECORD, and removed hazards to an appeal to a higher court.

YOU are the only one who can decide whether to stand up like you live in

Lay down like a Taliban woman and let them beat on you until they are happy.

When you are finished, you get it REALLY NOTARIZED, make a bunch of copies, and SERVE THEM ON THE CPS, THE COURT, THE DA, THE POLICE DEPT, and EVERYONE ELSE that thinks they had any business forcing the great big nose of government into your family.

Which means you file it with the court clerk. Make sure they get time stamped and get at least 4 CERTIFIED photo copies. Because they "lose" these things.

Your DECLARATION when FILED is your GLADIATOR and it will keep fighting for you for YEARS. These are NOT letters to grandma. You need to spend at least a WEEK editing it mercilessly because this is a FOREVER document and it will still be fighting for you for years to come. Or poorly done, it will gut shoot you dead. Does that matter?

Confused? See Simple versionDelete all this text from "1." down to "I declare under penalty of perjury" and replace all this with YOUR STORY (except New June 5, 2008 info, whatever applies parts apply to your case and IF YOU CHOOSE TO USE IT)

I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed at Your Town, Your State.

Dated: The day, month, year you wrote it.

(You sign it here)

Your Town, Your State
Your phone number

DO NOT forget to create the Certificate of Service! If you forget this, they will toss it out!
http://familyrights.us/bin/FORMS/certificate_of_service.htm http://familyrights.us / bin / FORMS / sworn_affidavit.html



State of Your State County of Your County )

(Your story goes below instead of the Sample text)

1. I, Firstname Lastname hereby state that on Month Day, Year, Ms. Case Worker of CPS came to my front door and told me "there had been a report". She said that she wanted to "help me get this cleared up".

2. I thought this OBVIOUSLY was a mistake and I felt I had nothing to hide, so I LET HER IN MY HOUSE and TALKED with her, being unaware of my Constitutional Rights (or in spite of my assertion of them).

3. Ms. Case Worker immediately started walking though my house looking in my cupboards, pantry, the refrigerator, closets, bathroom, and every room in my house.

4. Ms. Case Worker left and returned a couple hours later with two policemen and snatched my child(ren) and said this was (whatever she accuses you of)

5. Detail what happened after that.

6. Each new paragraph gets a new number

I declare under penalty of perjury that the foregoing is true and correct and that this Declaration was executed at Your Town, Your State.

Dated: The day, month, year you wrote it.

(You sign it here)

Your Town, Your State
Your phone number

DO NOT forget to create the Certificate of Service! If you forget this, they will toss it out!
http://familyrightsassociation.com/bin/FORMS/certificate_of_service.htmWhen you are finished, you get it REALLY NOTARIZED, make a bunch of copies, and SERVE THEM ON THE CPS, THE COURT, THE DA, THE POLICE DEPT, and EVERYONE ELSE that thinks they had any business forcing the great big nose of government into your family.

Which means you file it with the court clerk. Make sure they get time stamped and get at least 4 certified photo copies. Because they "lose" these things.

Delete all this text from "1." down to "I declare under penalty of perjury" (except New June 5, 2008 info, if it applies and IF YOU CHOOSE TO USE IT) and replace all this with YOUR STORY.

Your DECLARATION when FILED is your GLADIATOR and it will keep fighting for you for YEARS.


A letter for your school principal (and nursing staff)
From: (Your name here)
Date: (Insert date here)
RE: Request for NON-vaccination of my child (insert child's name here)

Dear Principal Johnson (and the nursing staff),

This letter is to inform you that as a parent of a child in your school, I do not consent to any H1N1 (Swine Flu) vaccination of my child, (insert child's name here), and that if my child is subjected to such a vaccine without my permission, I will consider that a gross violation of not only my parental rights, but the civil rights of my child.

The H1N1 swine flu vaccines currently being given to schoolchildren in America were approved by the FDA using an unlawful waiver that allowed the vaccines to be approved with absolutely no credible scientific testing. No adequate safety or efficacy testing has been conducted on any of the swine flu vaccines, and those children who are being injected with the vaccines are being treated as human guinea pigs.

H1N1 swine flu has also turned out to be so mild that it can be easily overcome with a healthy immune system aided by healthy levels of circulating vitamin D. My child takes vitamin D supplementation and therefore has an extremely healthy, active immune system that can easily mount its own antibody response against swine flu or other forms of influenza. Because of his immune system health and nutritional regimen, my child poses no health threat as a "carrier" of the swine flu, even without being vaccinated.

As a parent, part of my responsibility to my child is to protect them from potentially dangerous chemicals or unproven medications that may cause neurological side effects. A previous batch of swine flu vaccines in 1976 are now known to have caused Guillain-Barre Syndrome (GBS), a serious neurological disorder that can cause paralysis or death. The risk of such side effects may be small, but they are permanent and not worth the claimed protection against a disease that, according to CDC statistics, is many times less virulent than regular seasonal flu.

Please make note that my child is not to receive any vaccinations without my prior written consent, and that if my child is subjected to vaccines of any kind without such permission, I will immediately seek legal counsel in an attempt to hold your school responsible for all long-term medical costs potentially associated with the vaccine side effects. I will also sue for violation of my child's civil rights.

Should such a scenario unfold, I also plan to go public with this story at both the local and national levels in order to bring increased awareness to this gross violation of parental rights. A copy of this signed and dated letter will be made available to the press to prove that I clearly and specifically requested my child NOT be vaccinated. I will also be happy to provide this documentation to whatever state regulators or law enforcement investigators may become involved at that point.

You may avoid all of this by honoring my request to safeguard my child from any and all H1N1 (Swine Flu) vaccines being given at your school.


(Your name here)
(Notary stamp here)

See full article at-


 QUESTIONS EVERY DEFENDANT MUST ASK BEFORE SELECTING A COURT APPOINTED ATTORNEYThe Clients Ethical Right to Know DocumentThis signed questionnaire by the attorney will help the defendant make an informed decision on choosing the best attorney to represent him in court. Without a signed document the client has no idea of the quality of representation he will receive in court.Name of court appointed attorney.______________________________________ Firm________________________ Phone_________________________________ What law school did you graduate from? ________________________________ What year did you graduate? Month_________ Year 19_____ Did you graduate in the upper ten percent of your class? Yes___ No___ The upper half of the class? Yes___ No___ How many years have you practiced law? ____ How long as a court appointed attorney? Months___ Years___ How long have you been employed with your present firm? Months___ Years ___ How many criminal defendants have you represented as the attorney of record? ____ What percentage of these cases have you won? ___ Lost___ What percentage of your cases have you settled with a plea bargain? ____% Will you attempt to get me to take a plea-bargain? Yes___ No__ Will you lose your right to act as a court appointed attorney if you have too many cases that go to trial? Yes___ No___ Have any complaints been filed against you with the Oregon Bar Association? Yes___ No___ To protect my legal interests will you agree to request separate trials on individual charges placed against me, if this would be to my advantage? Yes___ No___ Will I have reasonable access to you to discuss my case? Yes___ No___ How much time will you give me to discuss my case with you? ____ How many estimated hours will you spend on my case. ____ hours May I call you at your office? Yes___ No___ Are you willing to describe in a written and signed statement what you will do to protect my civil and Constitutional Rights and the strategy you will use to defend me in court? Yes___ No___ As my court appointed attorney how much do you expect to be paid for your services? $______ How much an hour does this amount to? $_________ Will the state of Oregon pay your law firm to represent me in court? Yes___ No___ Will I then be billed by the state for your services when I am able to pay. Yes___ No___ Will you see to it that I do not appear before a judge or jury in prison garb and that I am appropriately attired during hearings or a trial? Yes___ No___ I believe that my client has a right to know and should be fully informed regarding my legal background and legal expertise to defend him. I agree to be completely familiar with my client’s case. I will fully inform my client regarding his legal options. I agree not to threaten, intimidate, use profanity, or verbally harass my client. I will not attempt to coerce him to do anything contrary to his best legal interests. I will not discuss his case with the district attorney, prosecutors, judges, other attorneys, or anyone else without my clients written permission. I affirm that I’m familiar with the US Constitution, the Oregon Constitution, and all federal, state, county, and city laws my client may be charged with violating. I affirm that I am competent and experienced in criminal law. I will be forthright, honest, and represent my client in a professional manner.

Attorney’s signature_________________________________Date_________


Whereas: By refusing to sign item 16 and answer the other questions the attorney may be attempting to hide his inability to represent his client in court in an ethical and competent manner. The attorney may also be attempting to shield himself from accountability if he loses the case in court. It is alleged that some attorneys appear in court to defend their client with little knowledge, preparation time, and interest invested in the client’s case. It’s further alleged some attorney’s main interest is to obtain a plea bargain with a quick turnover with little effort, for the fee they receive from the state. Therefore: The client has a right to know the background of his attorney and receive from him a written statement that he (the attorney) will defend his client in court to the best of his ability.


Medication Effect and Side Effect Agreement

Regarding the Assigning of Prescription Drugs

The purpose of this form is to facilitate the highest level of mutual confidence and awareness between the patient and practitioner* by fully explaining each drug prescribed in layman’s terms in regard to it’s effects/possible effects on the patient.

The explanation of the potential effects/side effects is to be broken down not just into common language, but the percentages/possibility of the effects will be given in the most accurate terms or numbers possible. If no percentage/possibility is currently available, the practitioner will make that aware to the patient also.

Once signed, both the patient and doctor will be bound by the terms of this consent form for each drug given to the patient.

If any practitioner refuses to be bound by the terms of the agreement, it is highly suggested that the patient consider whether or not to continue treatment with the aforementioned practitioner. Any practitioner who intentionally falsifies, intentionally misrepresents, or intentionally withholds information that may cause damage or grievous injury to the patient may find themselves subject to the full penalty of the law for perjury or malpractice.

Name of medication to be prescribed: (Use reverse for adverse side effects disclosure)


Name of Practitioner prescribing medication to be legibly printed below:


Signature of Practitioner: _______________________________________ Date: ____________

Name of patient to be legibly printed below:


Signature of patient: _______________________________________ Date: ___________

* The term “practitioner” is to represent the doctor, nurse, anaesthesiologist, or other who
may prescribe medicine to the patient. One form for each prescribed medication is necessary.

For your free copy of this form (fax or Word Perfect format), please email a
request to proactive@theglobal.net Or leave a message at (406) 388-5119.

Adverse Side Effects Descriptions*




Mr./Ms. ________________________________________, Superintendent of Schools


Dear ________________:

Re: _________________________________________________________

In accordance with State statutes relating to parental involvement and consent, this letter serves to require prior written notification from the school concerning any intent to provide physical, mental health, or social services/counseling to my child. Similarly, the school must obtain my written consent prior to providing any of said services.

Except for emergency medical care involving sudden, traumatic physical injury or illness, and then only when I cannot be immediately located, I am hereby exempting my child from participation in any health care or social service programs/activities, whether provided directly by the school or through a connected resource/family/youth center. The requirement for my written consent extends to any non-emergency physical or mental examination/procedure and also to any effort to place pressure (such as referral by a school counselor to another agency) on my child for the purpose of circumventing my prerogatives of determining the manner and means of satisfying my child's health care needs. Activities by school staff or through school programs that encourage my child to bypass me will be met with legal action. Concerns by school staff relating to my child's immunizations, vision, hearing, eating habits, etc., are to be brought to me for my attention and assessment. School staff members are not to take it upon themselves to obtain a diagnosis or to provide treatment. Assessment and testing are to center on academic, knowledge-based factors.

The informed consent requirement therefore encompasses, but is not necessarily limited to, the following typical school services:

1. Nursing health assessments and/or school-based physical examinations.

2. Personality testing and school-based counseling related to physical or mental health.

3. Behavioral or physical screening and/or diagnostic instruments (i.e., emotional factors such as anger or peer relationships, so-called psycho-sexual indicators relating to sexual activity or orientation, chronic physical conditions such as anemia, diabetes, tuberculosis). This restriction applies to all "EPSDT" (Early and Periodic Screening, Diagnosis, and Treatment) services, which typically are provided via state funds.

4. Non-emergency first-aid services.

5.Lectures, presentations or school assemblies relating to sex and substance abuse.

6. Anger management, "self-esteem," and conflict resolution courses; group & family counseling

I appreciate the difficulty of the school's position in today's political and social climate, in which parents are presumed to be incapable of exercising good judgment in the areas of health, discipline, and the emotional well-being of their children. It is regrettable that a notice of this nature is necessary. I thank you in advance, for your cooperation in this matter. For our mutual protection in these difficult times, a copy of this letter is on file with my attorney.


Mr./Mrs./Ms. _________________


_________________________________________________, County or State Board of Education

_______________________________________________________________________, Principal,

_____________________________________________________ Elementary/Middle/High School


Sample form created by: Linda J. Martin, http://www.fightcps.com

This is a SAMPLE of a DECLARATION (also called AFFIDAVIT) to be used in objecting to the exaggerations, misstatements and multiple errors often put into CPS court documents by CPS caseworkers.  It can be adjusted to use to object to psychologist reports, in which case it would be called "Objections and Corrections to the Report of the Psychologist" (if there's more than one psychologist, go ahead and name him).  Attach as much evidence as you can to prove your side of the case.  Evidence could be letters from professionals or affidavits from friends/family, tape recordings, etc. - but be sure to label them clearly "Exhibit A", "Exhibit B", etc.


Everything in brackets [  ] will need to be deleted and/or replaced with your information.

Number each page at bottom center: "Page 2 of 5" for example. 

Put a header on each page stating "Objections and Corrections to the Report of the Child Welfare Caseworker" and underline that plus leave a few spaces to separate the header from the body of the document.

---  document starts here  ---

[Parent's Name]
[Street Address]
[City, State Zip Code]
[Phone #]
[Change this next part to match the header information for your court case.  You should be able to get this information from other paperwork already filed in your case.  Try to make the header match what they have already done.]

[Center the next four lines and type in all caps:]



          IN THE MATTER OF:             )            OBJECTIONS AND CORRECTIONS
                                        )            TO THE REPORT OF THE
                                        )            CHILD WELFARE CASEWORKER
                                        )            Clerk No.
          JOHNNY DOE, JR (DOB 4-5-1992) )            33933 (get numbers from YOUR paperwork)
          JANIE DOE  (DOB 2-3-1996)     )            33637
          Persons alleged to come       )            Detention Date:   March 21, 2000
          within the provision of       )            Disposition Date: June 2, 2000
          the Juvenile Court Law        )            Review Date:      December 15, 2001

To the Honorable INSERT JUDGE'S NAME HERE IN CAPS, Judge of the [Superior] Court of the State of [California], in and for the County of [Los Angeles]:

[Double space the rest of the text.  Indent paragraphs ten spaces.]

          The Honorable Court above-named is hereby advised that the REPORT OF THE CHILD WELFARE CASEWORKER herein, as prepared and typed is ERRONEOUS AND INCORRECT in the following particulars, to wit:

[Here's where you get to be creative.  Go through your caseworker's court paperwork and find every error, no matter how trivial.  Even trivial errors show how incompetent the person is.  You will list each error separately with corrections as in the sample.  This sample is derived from an actual case I worked on in 1991.  The names, dates, and some details were changed.  The case I worked on was dismissed after similar paperwork was given to the judge.  Remember to double space everything below.   -- Linda]

          1.  Page One: JOHNNY DOE is not 8 years old.  He was 10 as of April 5, 2002.

          2.  Page One: Mother's name is ELIZABETH SMITH, not Doe.  Address given by caseworker is incorrect.

          3.  Page Two: COUNT 1: "On or about March 21, 2000, minors were found to be dirty."  Minors were out playing in the yard, climbing trees to get fruit, and doing what most kids do when playing outside, getting dirty.  There was nothing abnormal about their being dirty.

          4.  Page Two: COUNT 2: The caseworker erroneously stated, "Mother has recurrent mental problems that periodically render her unable to care for children."  Mother's mental problem was temporary due to stress from her husband's deportation, her father's death, and the detention of her children by CPS.  The problem is not recurrent and does not "periodically  render her unable to care for the children" as suggested by the caseworker.

          5.  Page Three: "November 15, 2000" court date given by the caseworker is incorrect.  The correct date is November 12, 2000.

          6.  Page Three: The Doe children were not taken after the mother was admitted to Bellview Mental Hospital.  A caseworker arrived to detain the children from their grandmother's house and then advised the mother to allow herself to be admitted to Bellview because she was grieving and upset.

          7.  Page Three: On March 21, 2000 when Janie and Johnny were detained from their grandmother's home they were not injured, neglected, or abused in any way.

          8.  Page Three: Problems with police officer on November 1, 1999 occurred when police arrived to arrest Mr. John Doe, Sr. for deportation and the mother was cuffed and beaten by the arresting officer.  This arrest does not affect or reflect on the stability of her current home life with her new husband, Mr. Thomas Smith.

          9.  Page Three: Mother quit her job on June 20, 2001, not "shortly after her marriage" as stated by the caseworker.  The job is no longer needed for support of the family as her new husband is earning enough to support them and is willing to do so.  Mother is needed at home to care for the children.

          10.  Page Three:  Date of marriage to Thomas Smith is incorrect.  The correct date is November 29, 2000.

          11.  Page Three: "Mrs.", not "Ms." - The caseworker knows that Mrs. Smith is not separated from her husband, but throughout the report she implies that Mr. and Mrs. Smith are not together.

          12.  Page Three: While her husband was visiting family in Nevada, Mrs. Smith called Dr. Hoar only twice for advice during a two week period, not "frequently" as stated by the caseworker, and those calls were only about Johnny's behavior, not about both children.

          13.  Page Three: Mrs. Smith has not only "largely complied" with the Reunification Plan, she has completely complied with all aspects of the plan.

          14.  Page Three: Mrs. Smith never told Dr. Hoar that she "couldn't handle Johnny anymore and wanted to give him up," as stated by the caseworker.  What actually happened is that Dr. Hoar tried to talk Mrs. Smith into giving him up and putting him in a mental hospital.  Mrs. Smith did not want to do that.  During the session Mrs. Smith did not state that she had been upset.

          15.  Page Four: Janie does not have "sporadic behavior problems" in her home or at school as suggested by the caseworker.  At home the mother has never seen indications of such problems and has received no such reports from Headstart.  Attached please find "Exhibit A" - a letter from Headstart stating they have not observed or complained of any "sporadic behavior problems" from Janie.

          16.  Page Four: Johnny's behavior problems are only occasional and not a "continuous problem" as stated by the caseworker in her report.  Attached please find "Exhibit B" - an evaluation of Johnny's behavior by Dr. Goodman in San Francisco, dated November 3, 2001.

          17.  Page Four: The improvement in Mrs. Smith's parenting has been going on for years, not just for the last few months.  Attached please find "Exhibit C" and "Exhibit D" - certificates of completion provided by parenting class instructors in January 1997 and  November 2000.

          18.  Page Four: There has been no "substantial, recent regression" due to a separation from Mr. Smith.  Mr. and Mrs. Smith are still living together; he simply took a two week vacation to Nevada to visit his sick mother.  Therefore this should not be used as a basis for the caseworker's request for another six months of services at taxpayers' expense.

          19.  Page Four: Dr. Hoar wants the case prolonged for another six months because once the case is dismissed the mother will find a different therapist, and Dr. Hoar will no longer be receiving CPS money for seeing her and her children.  Therefore, Dr. Hoar's report should not be considered by the court.  Mrs. Smith intends to find another therapist for the children when the case is dismissed as the children do not like seeing Dr. Hoar as therapist, and are even afraid to tell this to him.  Under these circumstances, it is unlikely the children will progress adequately in therapy.  For these reasons, Mrs. Smith's request to have Dr. Hoar removed from the case can hardly be called "an indication of poor judgement" as stated by the caseworker.  She did so solely for the benefit of the children and with concerned regard for their psychological functioning.

          20.  Page Four: Recommendation that the minors be readjudged dependents of the Juvenile Court is inappropriate as the family has been functioning well during the last six months that they have been together.  The case should be closed at this time.

          21.  Pages Four and Five: Recommendations 2, 4, and 5 are also inappropriate as the case should be closed.

          22.  Pages Six and Seven: Service Plan for mother and caseworker is inappropriate as the case should be closed.

          Dated and respectfully submitted this 10th day of December, 2001.

                                                            Elizabeth Smith


From: <WalterBurien@aol.com>
Sent: Saturday, November 15, 2003 11:44 AM
Subject: Re: Reply - Kidnapped Children [Hit them where it hurts!]

Dear CPS Victimized Innocent Parents:

You should deal with the situation of your children being grabbed by the state without spending one nickel, (if possible).

Commercial law and numerous other laws dictates that if your time is being required by "any party", they are required to pay you in advance, as offered by them (not going to happen) or determined in advance by notice from you. (even IRS has a form for this purpose)

In reality, your child is your property. The state is using your child as a profit center to accomplish resource income. Massive income.

Keep in mind that the system is a for profit system with you and your child to be used as a resource to generate a profit for the attorneys, the city, the county, the state, the court, and the sub contract agencies that were created to be utilized by these parties, done so under the color of law, at your and your child's expense.

What retainer have they paid you to respond to the forced demand that they have placed upon you for your time and effort?

What notice have you given them as to the cost for your time and involvement?

What notice have you given them per the use of your child as a resource generator and profit center for them?


A. Time cost for response to the request of personal involvement: $150 / hr

B. Cost per research into these matters: $115 / hr

C. Cost per outside help researching these matters: $85 / hr

D. Time require to initially respond; Personal 100 hrs / outside researchers 75 hrs

E. Minimum per response letter: $250

F. Minimum per incoming or outgoing phone call: 1/2 hr minimum at noticed hourly rate.

G. Travel expense per occasion $250 local, $750 if travel is required outside of the County and $1500 out of state.

H. Utilization of your child as a resource without your consent and permission $1000 per day plus post consequential liability of the cost of therapy, councilors, treatment, transportation to facilitate these needs, will be at actual cost plus 10% for personal administration charges to facilitate these needs.

I. If outside legal council is require to respond to your action and requests made for your time and use of your child as a resource: $75,000

J. Interest charged on outstanding balances owed eighteen percent (18%) compounded daily.

Then you could note:

In the event their was any confusion on your part as to the costs you and your agency(s) are incurring from your actions and request / requirement for my time and effort, please be advised that I require a retainer of $50,000 to be paid immediately, for me to continue in this matter in which you have requested / required the use of my time, effort, and child as a resource for you and your agency.

In any event, if you plan to continue to request / require my time and effort, and utilization of my child as a resource without immediate payment / retainer being made, please be advised that you will invoke the doctrine of corporate and / or personal self protection exerted as it would pertain to myself and child and I and all other parties damaged will hold you and your agency accountable through whatever measures are necessary to facilitate that end.

I hope there has been no misunderstanding per the financial and consequential liabilities you have incurred in your administrative actions that you have initiated.

I look forward to participating with your request(s) / requirement(s) per involvement of my family. Hopefully there was no misunderstanding on your or your corporate agencies part per required compensation. In the event there was confusion on your part, and you are not willing or unable to satisfy the now disclosed requirements towards and in the utilization of my time and child as a resource for you and your agency; in that event, please return my child immediately and I will relieve you of the liability you have incurred up until this point per prior communications, this notice, and use of my child, and those factors will be considered as complimentary allowances from myself without incurring of the fees / charges by you and your agency.

I wish you much success on you money making endeavors and if my requirements are met and satisfied as specified, my and my families participation with them also.

Truly yours,


They may balk, deny, threaten, impede, or even comply, BUT; REQUIRED NOTICE HAS BEEN GIVEN

The only argument they can present for their quasi corporate government actions without providing compensation is arguing that their actions are not compensate able to another party being that they are acting through emergency measures to protect the / a child.

Here, a review and lodging (should accompany the notice) of the true circumstances Vs. a complete overview of the revenue resource they are generating for their and their cooperatives pockets, HANGS-THEM-OUT-TO-DRY and in doing so establishes past, present, and future compensate able liability, for judgment, collection, seizure, and emergency action on your part in the utilization of whatever measures are necessary to protect yourself and your child.

They make enough money on real emergency child intervention actions (10-20% of the cases) and it is deplorable on their part to orchestrate fabrications and delay by whatever measures to profiteer from the other 80% entrapped within
their for profit network, or as I have referred to it many a times in the past, a syndicate.

AND JUST A NOTE: Criminals hate to be put on notice of liability.

Have a good parasite free day :<)

Walter J. Burien, Jr.


How do I get CPS reports

                         your name
                         city, state, zip
                         phone number

      Dear Sir or Madam,
  In accordance with (your state code) State code Section   (you may
  want to add and the Freedom of Information Act and the Privacy Rights
  request for records)            
  I hereby request a complete copy of your files on the following
  persons. (Names of all individuals involved)

  The information I/we are requesting includes, but is not limited to:

  All records
  All C.T.S. files
  All forms sections
  All electronic recordings
  All foster home files
  All funding, placement, and or support
  All corespondence files
  All narrative files
  All handwritten files
  All court records
  All counseling sections
  All records of a tangential nature
  All files with any reference to our names
  All legal files
  All "dummy" files
  All medical memos
  All intra office memos
  All names of Social Workers from CPS AND other providers involved
  with each case/person
  All administrarive sections

  Please be advised that the accuracy and completeness of your reply to
  this request may be the subject of future judicial proceedings. 
  The "investigative summary" will not be considered a sufficient reply
  to this reqeust.
  I expect to receive this information in no more than 10 working days
  from today.
  Please call me at the telephone number listed below when they are
  ready, and I will pick them up at your office.

                  your name
                  city, state, zip
                  date signed

  (I would have this notorized prior to signing and send this letter
  certified with return service/signature requested. CPS would have to
  sign for this letter.
  Also send a copy uncertified, that way they would get both copies.
  Also include below the date signed, mailed by US POSTAL Mail on
  whatever date you sent it)


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