Brush Prairie resident Bill Eling raises concerns regarding the actions of the commissioner
Editor’s note: Opinions expressed in this letter to the editor are those of the author alone and do not reflect the editorial position of ClarkCountyToday.com
Every Washington citizen who values his or her constitutional rights and who is interested in the administration of justice should watch the April 17 hearing conducted by Washington Supreme Court Commissioner Micheal E. Johnston. The hearing relates to a Cowlitz County Superior Court decision in State of Washington v. Gator’s Guns, a case involving the constitutionality of a Washington law banning the sale or import of firearm magazines holding more than 10 rounds. Judge Bashor found that SB 5078, the so-called “large capacity magazine ban” violates both the Second Amendment and Article 1, Section 24 of the Washington State Constitution. His order prohibited the State of Washington from enforcing that law. Commissioner Johnston on April 8 issued a temporary stay of the enforcement of Bashor’s order and set a hearing to consider a permanent stay on April 17.
Every Washington citizen should listen to Commissioner Johnston explain how he started formulating his decision weeks before the Cowlitz judge issued his ruling, explain how he had done his own research on the facts, explain why he didn’t need to closely read the Superior Court’s 55-plus page decision or the State’s 35-plus page motion before reaching his conclusion, and explain how his own personal experience and research supported his decision to issue the temporary stay.
Every Washington citizen should see how Commissioner Johnston treated Gator’s attorney, Austin Hatcher. Pay attention to the Commissioner’s lower lip as he addressed Hatcher. Compare it to how he treated the State attorney general. Every Washington citizen should assess for themselves whether Commissioner Johnston appeared objective and unbiased. Every Washington citizen should count how many times the Commissioner both interrupted Hatcher’s presentation to argue with him and how many times he then reminded Hatcher that his time was running out.
Commissioner Johnston also related that he had received vulgar phone messages and emails over the temporary stay. Such behavior is unacceptable and could be a crime. A better outlet, especially given Johnston’s statements in the April 17 hearing, would be a complaint to the State of Washington Commission on Judicial Conduct. The CJC address is Commission on Judicial Conduct, P.O. Box 1817, Olympia, Washington 98507. The CJC website has instructions on filing a complaint and explains its jurisdiction.
When you watch the hearing, you should watch it knowing how judicial officials such as Commissioner Johnson are supposed to act. If you find this hearing disturbing, here are a couple of potential Code violations you could put in a complaint.
Washington Code of Judicial Conduct Rule 2.9(C) states “A judge shall not investigate facts in a matter pending or impending before that judge, and shall consider only the evidence presented and any facts that may properly be judicially noticed, unless expressly authorized by law.” Comment 5 to Rule 2.9 states: “The prohibition against a judge investigating the facts in a manner extends to information available in all mediums, including electronic.”
Washington Code of Judicial Conduct Rule 2.11(A) states: “A judge shall disqualify himself or herself in any proceeding in which the judge’s impartiality might reasonably be questioned, including but not limited to the following circumstances (1) The judge has . . .personal knowledge of facts that are in dispute in the proceeding.” Comment 2 to Rule 2.11 states: “A judge’s obligation not to hear or decide matters in which disqualification is required applies regardless of whether a motion to disqualify is filed.” Note that “shall” creates a mandatory obligation.
Here’s the link to the hearing. Watch the whole thing. You decide. I have. Washington State Supreme Court Commissioner Hearing – TVW at https://tvw.org/video/washington-state-supreme-court-commissioner-hearing-2024041132/?eventID=2024041132
Bill Eling
Brush Prairie
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It was the most bizarre “hearing” I’ve ever witnessed. TV show judges show more professionalism and integrity.
Yet, it was very informative on the level of arrogance, incompetence and bias that is throughout our judicial system here in WA.
I agree. Judge Judy used to be kinda odd. But after posting a message to her about her conduct, Judge Judy really made me a happy man. Nothing about my court case, but how she treated others. If she was in my area I would schedule her for sure. WE had a pro tem lady. She let the guy who stole my boat, smashed it up then when I called the cops about it, the Pro Tem let the defendant lie, bribe the court with 20k$ worth of volunteer work then I find out she worked for another judge who is a reject from a different state. Not this judge….but another out of superior court sat there and lied, claiming that affidavits and declarations with lies in them we cant complain about because its privileged communications. When that only pertains to doctors and your attorney and you. Not filing it in public court. Then he dismissed my case.
I have a case that I appealed. It was changed from Appeal to DISCRETIONARY REVIEW. First, the court made an order the final dates each is to respond. The defendants filed late. The court clerk instructed defendants to motion for late filing and instructions thereafter. The defendants responded with the motion for one day and said the attorney could not file because of a doctors issue. There was other attorneys associated who could have filed timely. The clerk indicated she wanted detales and this was not provided. Just a sick letter like a child would provide when skipping school.
The clerk indicated we can respond by September 17th, 2024. So we did. The clerk rejected our filings because she stated we were supposed to file by September 9th. This is confusing because she instructed us to file on the 17th. She also stated we the plaintiffs were to file for an extension. The defendants caught this and filed for the extension. We did not have a choice of a commissioner or judge. We were given a commissioner. He then dismissed our case claiming jurisdictional issues and gave us the option to refile the complaint. We are fighting a dirty judge who voluntarily resigned. This action of a once judge shows something went wrong and instead of making it a public issue, he has the option of resigning or be fired.
I have a huge complaint about this justice system. They make it so Pro Se filers are scrutinized against. The justice system decides Equal Representation is only for CPS, APS or criminal cases. Yet, the constitution clearly states equal representation. When its a civil complaint and either defendants or plaintiffs do not have the money or can find an attorney to represent themselves in a legal matter, the constitution clearly states a person who is indigent will have equal representation.
When a Judge/attorney voluntarily resigns, the law clearly says he or she can not practice. Yet when we found this judge in Clark County representing criminal defendants in several cases, the law states it is a class C felony. When we contacted the court clerk, and left a message, about this. to find cases with the full name or last name was difficult to locate. But we found the middle name being used.
Why would the Clark County Court system allow a lawyer who resigned represent criminal defendants by using the Department of Assigned Counsel or as a public pretender. We believe this guy acting in criminal actions and no charges filed against for pretending to be a lawyer is intentionally losing cases he focuses on.
We believe this justice system is no support to the public but using people as assets to create income for the court system as well as the prison system by putting innocent or over charged people in prison.
Harassment
We have been harassed by this judge since August 2016 when a person in the family had a relationship with the judge while he was married. Since the family member knew of our entire status, such as email addresses, phone number, bank accounts and breaking into our home makinig our computers available for remote, or using our birth dates, ssi numbers and other to create an impression of they are us and we lose. Then we start to see a pattern. It is very odd that judges wife died before the relative and him got married about 6 months after. It is odd that relatives husband goes to prison for drugs and she files for divorce while he is incarcerated. Then the mother of plaintiffs becomes ill and in a short time dies from a nurses cocktail of Morphine, adavan and hydroparadol. Then file a TEDRA against who cared for the mother for over 4 years. This long story is difficult to understand.
The final is, this judge uses third party people to do illegal actions. The number one thing we believe that caused him to voluntarily resign is when he called the San Diego Port Police to try to arrest me. When the officer stated he had to call Washington State Judge……questions popped up because I had no deal with the courts. When the officer returned and demanded I leave or be arrested and my son put in CPS I left. The officer stated if he needed to talk to me again they woulld find me along the coast. Thank god for Jet Skis. The Coast Guard found me 20 miles out heading north. Boarded me, harassed me more and when leaving rammed the side of my wood hulled yacht. ONly returning to give me my ID and leave
Even if the yacht sunk, the jet ski would make sure we would get to shore safe.
The corruption in the Justice system is thick and almost unobstructed. You the public need to protest harder and louder. WHen a judge lies on stand, that is out side of his ethics and needs to be prosecuted.
There is about zero transparency for judges doing what they are doing. Unless people protest. The Commission of Judicial Conduct is lame and very disturbing when they reply, sorry, nothing we can do or we need more evidence or something.
They need to be videoed on TV for the public to see, their phones must be monitored and available for the public to hear and even their home needs to be videoed and recorded because my trust in the Justice system is very slim to none.
If a person lies about you on a declaration or affidavit you have the right to file a defamation of character on said person. When the court defends the liars there is no justice. It is Just US against YOU.
We have attempted over 300 time since 2018 to get help from attorneys for harassment, defamation, dog bites and other. We are not able to find an attorney to help us. One close family attorney who has known me all my life says…..I know what they did is illegal. But how would you feel if you won a case against a person they dont like, and having to face those you worked with all your life. Just go along with what the CPS wants you to do and I will see what I can do. I made a complaint to the CDC and they rejected it.
All court proceedings and in the judges chambers must be televised and recorded for the public to hear and see what is really going on.
OR REPLACE JUDGE, COURT CLERKS, REPORTERS AND OTHER WITH ARTIFICIAL intelligence because a computer cant be bribed, threatened, coersed, or other. If automobile production companies have it, then the justice needs it to prevent more corruption