jimmy clark - writ of prohibition 6-4-14

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis, Clark, Petitioner No.Table of Contents

    v

    Susan Harnash, Tim Gray, Steve Parker,Wes McCart and Don Dashiell, Respondents

    This Writ contains the following pleadings and other papers;1. Writ of Prohibition with Declaration in Support2. Declaration in Support of Petition (with supporting attachments)3. Order to Show Cause4. Judicial Notice in Support5. otion Requiring Respondent(s) Attorney to Produce Authority to Appear6. Declaration in Support of Motion Requiring Respondent(s) Attorney to Produce

    Authority to Appear7. Notice of Disqualification

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    SuperiorCourt StevensCounty

    The Stateof Washington

    JimmyEllis, Clark,Petitioner No.Tableof Contents

    v

    Susan Harnash,TimGray,SteveParker, WesMcCartandDon Dashiell,Respondents

    This rit contains the following pleadings and other papers1. Writ of Prohibitionwith DeclarationinSupport2. DeclarationinSupportof Petition(withsupportingattachments)3. Orderto ShowCause4. JudicialNoticeinSupport5. MotionRequiringRespondent(s)Attorney to ProduceAuthorityto Appear6. DeclarationinSupportof otion RequiringRespondent(s)Attorneyto Produce

    Authorityto Appear7. Noticeof Disqualification

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis, Clark, Pet itioner No.v Petition for a Writ of Prohibition

    Susan Harnash, Tim Gray, with Declaration in SupportSteve Parker, Wes McCartAnd Don Dashiell, Respondents

    Notice of Application for Writ of Prohibition

    To Susan Harnash, a person illegally acting as STEVENS COUNTY Treasurer, Tim Gray, aperson illegally acting as STEVENS COUNTY Auditor, Steven Parker, Wes McCart and DonDashiell, persons illegally acting as STEVENS COUNTY Commissioners.

    PLEASE TAKE NOTICE that on the verified petition of Jimmy Ellis, Clark the undersignedwill apply to the Superior Court of Stevens County, State of Washington, at 215 So Oak St.,Colville, Washington 99114, on Jim e L 2 0 1 at I I a.m. for the issuance of apreemptory writ of prohibition restraining and prohibiting all ofthe above named persons fromapproving or paying any salary warrants, vouchers or other demands for public monies withoutfirst showing your lawful authority to approve, audit and pay said claims, and lawful authorityof all persons making said claims to receive public monies.

    RCWA 42.20.060 Falsely auditing and paying claims.Page 1 of

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    Use of word false in connection with wor fraudulent/} does not indicate legislativepurpose to include only such acts as are corruptly false, or are done with wil ful design to cheatand defraud public funds. State v Case 1915) 88 Wash. 664, 153 P 1070.

    Specific intent to violate law from fact of violation even though person had no wrongfulintent to do anything beyond doing of prohibited act. State v Case 1915) 88 Wash. 664, 153P.l070.

    RCW 42.20.070Misappropriation and falsification of accounts by public officer.

    Every public officer, and every other person receiving money on behalf or for or onaccount of the people of the state or of any department of the state government or of anybureau or fund created by law in which the people are directly or indirectly interested, orfor or on account of any county, city, town, or any school, diking, drainage, or irrigationdistrict, who:

    l) Appropriates to his or her own use or the use of any person not entitled thereto,without authority of law, any money so received by him or her as such officer orotherwise; or

    2) Knowingly keeps any false account, or makes any false entry or erasure in anyaccount, of or relating to any money so received by him or her; or3) Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or4) Willfully omits or refuses to pay over to the state, its officer or agent authorized bylaw to receive the same, or to such county, city, town, or such school, diking, drainage, orirrigation district or to the proper officer or authority empowered to demand and receivethe same, any money received by him or her as such officer when it is a duty imposedupon him or her by law to pay over and account for the same, is guilty of a class B felonyand shall be punished by imprisonment in a state correctional facility for not more thanfifteen years.

    Date - ) - l4:-

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis, Clark, Petitioner No.v Order Granting Issuance of

    usan Harnash, Tim Gray, Writ of ProhibitionSteve Parker, Wes McCartAnd Don Dashiell, Respondents

    t is ordered that the alternative writ o execution be issued immediately.t is further ordered that a copy o the writ and a copy o the petition on which the writ isbased and which is referred to in the writ and all supporting papers be served on each othe respondents not less than days before the hearing date as previouslyspecified.

    Judge

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    SuperiorCourt StevensCounty

    TheStateof Washington

    JimmyEllis,Clark,Petitioner No.DeclarationinSupportof

    v Petitionfor a ritof ProhibitionSusan Harnash,TimGray,SteveParker,WesMcCartandDonDashiell,Respondents

    IJimmyEllis,Clark,alivingfleshandbloodmanabovethe age of eighteenandwith first-handknowledgeof the information containedherein,dodeclare.

    1. ThatI, JimmyEllis,Clark,hereafterPetitionerhasrepeatedlygivenverbaland writtennoticeto usurpersillegallyoccupyingelectiveandappointiveoffices within the STEVENSCOUNTY government,includingbut not limitedto usurperswithin the officesofsuperioranddistr ictcourts,prosecutor,sheriff,auditor,andcountycommissioners.

    2. I wasalsopresentonApril 8, 2 14 whenMr.ErnieHochepresentedtheusurpersoccupyingthe officesof STEVENS COUNTY commissionerswith RCW s, case law andcopiesof their invalidoathsof office,alongwith almosteveryother electiveofficeinSTEVENS COUNTY. See attachedcopyof declarationof ErnieHoche.

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    3. Since January 2007, Mr. Rasmussen has been usurping the office of STEVENS COUNTYprosecutor without any authority of law and has been repeatedly given written noticethat none of the persons appointed by him have qualified according to law for theoffices they are usurping} and therefore no standing to appear or defend on behalf ofthe county or state.

    4. Since 2006, usurper Kendal Allen has been occupying the office of STEVENS COUNTYsher iff and has been repeatedly informed that the persons appointed by him to officesas deputies} failed to duly qualify and several have been illegally usurping those officesas far back as the 1990 s.

    5. Mr. Rasmussen has been repeatedly given written notice of felony crimes by criminalusurper Lloyd Nickel, which includes, but is not limited to perjury, filing falseinstruments, extortion and criminal impersonation of a deputy prosecutor, in his ownoffice since 1990.

    6. Since April 8, 2014 the usurpers occupying the offices of STEVENS COUNTYcommissioners, auditor and treasurer} along with other departments in STEVENSCOUNTY government} conspired to file false instruments (RCW 40.16.030) in the form ofsalary warrants (vouchers) RCW 36.22} for the purpose of false paying (RCW 42.20.070)of public money to persons not qualified by law to receive such money.

    RCW 42.20.090Misappropriation, etc., by treasurer.Every state, county, city, or town treasurer who 'willfully misappropriates any moneys, funds,or securities received by or deposited with him or her as such treasurer, or who shall be guiltyof any other malfeasance or willful neglect of duty in his or her office, is guilty of a class Cfelony and shall e punished by imprisonment in a state correctional facility for not morethan five years or by a fine of not more than five thousand dollars.ReWA 40.16.030In this section making it a crime to knowingly file any false or forged instrument in a publicoffice, the term instrument encompasses a document which is required or permitted bystatute or valid regulation to be filed, registered, or recorded in a public office if the claimedfalsity relates to material fact represented in the instrument and the infonnation contained inthe document is of such a nature that the government is required or permitted by law, statute

    or valid regulation to act in reliance thereon, or the infonnation contained in the documentmaterially effects significant rightd or duties of third persons, when such effect is reasonablyPage 2 of 3

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    contemplated by the express or implied intent o the statute or valid regulation which requiresthe filing, registration, or recording o the document." State v. Price (1950) 94 Wash.2d 810,620 P.2d 994.

    7. Mr. Gray as usurper of the office of STEVENS COUNTY auditor has stated in writing th the is not legally competent to determine if a document filed in his office requires a filestamp. See RCW 65.04.040 and RCW 65.04.110. (See attached .

    8. Mr. Gray also stated in an interview with a reporter from the Statesman ExaminerNewspaper th t he does not record oaths of office into the public record. (RCW 65.04)(See attached .

    9. Being th t there are no duly qualified superior court judges, nor prosecutor, holdingoffice with in STEVENS COUNTY, then there is not a plain, speedy or adequate remedy inthe ordinary course of law.This declaration is just a short statement of the ongoing and long continuing criminalconspiracy to cover-up the incompetence and corruption by these usurpers. Therefore,this Petit ioner makes a standing offer to produce admissible evidence th t supportscalling for a full investigation into felony crimes by many of the usurpers named herein,and others.I declare under penalty of perjury under the laws of the united States of America th tthe foregoing is true and correct to best of my knowledge and belief, so help me God.

    Dated ~ 3 - 1 ~ Y > ' L o t ~ ~ ~ - JJ' my Ellis, ci$k j2567 Bodie Mountain RoadColville, Washington 99114e-mail: [email protected]: 509-675-4021 or 509-675-5988

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    January 24, 2013

    [email protected]

    Ms. Evans,Thank-you for your response dated December 12, 2012 PRR#1726, but you seem to overlook a

    large portion of the information sent to you in the document you numbered PRR#1726.I assume the duties of your position and your oath as an attorney under APR s(d) require you not

    only to give legal advice to your department, but also to protect the rights of the People of the State to alawful and effective government.

    As I stated in the documents I e-mailed to you on December 15, 2012, the certified salarywarrants are to ensure that only persons lawfully holding office or employment in this State'sgovernment are receiving public money.

    There are no provisions that I have found in Washington law that allows public money to e paidto defacto officers or to usurpers.

    There also seems to e no lawful authority in the state of Washington that could even jUstifywhat the lower courts have termed the "Defacto Officer Doctrine" because the United States SupremeCourt has ruled that ignorance of the law is no excuse even for the average Citizen, let alone forattorneys who are supposedly trained in the law;Pierce v. United States, 7 Wall (74 U.S. 169) 666 (1869), We have no officers in this government fromthe President down to the most subordinate agent, who does not hold office under the law, withprescribed duties and limited authority . And while some of these, as the President, legislature and theJudiciary, exercise powers in some sense left to the more general definitions necessarily incident tofundamental law found in the Constitution, the larger portion of them are the creation of statutory law,with duties and powers prescribed and limited by law.Every citizen of the United States is supposed to know the law..."

    The Washington Legislature enacted two laws, one which was enacted in 1866 and another thatwas enacted in 1909, both of which are stili on the books and are now recodified as RCW 42.12.010 and42.20.030.

    RCW 42.12.010 originally enacted in 1866 and to date, remains almost unchanged, allows nograce period under subsection (6) for any refusal or neglect to qualify, as required by law, for publicoffice.

    RCW 42.20.030 was originally enacted in 1909 and has never been changed and contains fourdifferent offenses that constitute the act of ntrusion into public office and one for refusal to surrenderpublic office.

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    Three of these offenses require certain acts to be performed willfully in order to be a crime, buttwo of the offenses only require that certain acts be performed.The first element states, Every person who shall falsely personate or represent any public officer, or ...Notice that no intent Is required.The second element states, who shall willfully intrude himselfinto a public office to which he has notbeen duly elected or appointed, or ..: Wilfulness is established by knowledge RCW 9A.08.010) andduly is defined in Black's Law Dictionary 6th Ed. as In due and proper form or manner; according to

    legal requirements....; according to law in both form and substance.The third element states, who shaII willfully exercise any of the functions or perform any of the dutiesof such officer, without having duly qualified therefor, as required by law; or... Duly qualified isdefined in Black's Law Dictionary 6th Ed. as Being duly qualified to fill an office, in the constitutionalsense and in the ordinary acceptation of the words, means that the officer shall possess everyqualification; that he shall in all respects comply with every requisite before entering on the duties ofthe office; and that he shall be bound by oath or affirmation to support the Constitution, and to performthe duties ofthe office with fidelity.The fourth element states, who, having been an executive or administrative officer, shall willfullyexercise any of the functions of his office after his right to do so has ceased, Of The fifth element states, wrongfully refuse to surrender the official seal or any books or papersappertaining to such office, upon the demand of his lawful successor shall e guilty of a grossmisdemeanor. See RCW 9A.60.040 Impersonating a Public Officer and RCW Chapter 7.56 QuoWarranto.

    Now, you stated in your response in PRR 1726 as follows: With regards to item number 1 above- this office does not audit the process or procedure for ensuring the proper filing or recording ofdocuments y a county auditor. Therefore, we have no records responsive to your request:'

    In response to your statement;First, i f the fees for filing and/or recording are not paid in advance of an oath of office cannot be

    made a part of the official public record. see RCW 5.44.040.second, i f the official oath is not made part of the official public record, it grants no lawful

    authority.Third, i f the oath is not filed as defined in RCW 65.04.040, it s not part of the official public

    record.Fourth, i f the oath of office is not actually made part of the official public record, as defined in

    law, it cannot be admitted into evidence under ER 902(d) or ER 1005 to support a lawful claim forsalaries or benefits relating to a public office.

    Fifth, as shown by the case law already supplied to you, all filing fees are mandatory and are to bepaid in advance and since your examiners are supposed to know that an oath of office, an appointmentto a public office, and an official bond are required by law to be filed and/or recorded into and made

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    part of the official public record, requiring a paid receipt for those transactions, they know that therecan be no lawful certified salary warrant issued or paid relating to that office.

    Sixth, there are several sections in R W 43.09 that would cover your departmenfs responsibilityto verify that the bonds, appointments and oaths were filed, as required by law, such as R W 43.09.200,43.09.210, 43.09.230, and 43.09.245 but, under 43.09.260 your department has specific information asto what is required pursuant to subsection (5).R W 43.09.260(5) On every such examination, inquiry shall be made as to the financial condition andresources of the local government; whether the Constitution and laws of the state, the ordinances andorders of the local government and the requirements of the state audi tor have been properly compliedwith, and into the methods and accuracy of the accounts and reports.

    Therefore, if your examiners do not examine, or even know what it takes to verify certified salarywarrants, how would they know when those receiving this public money are lawfully entitled to receiveIt?

    Your response to my second request is as follows:With regards to item number 2 above - While this office does audit the financial affairs of the

    office of the State Treasurer, we do not have specific procedures to audit the salaries of newly electedofficials. Therefore, we have no records responsive to your request.

    Maybe I was not clear, but I was asking for a copy of a written document that would be relied onby an examiner that would ensure that a newly elected officer would receive his salary from the firs t dayof his official term of office, or at some other time prescribed by law.

    For example: If an official term of office begins on January 1, follOWing the election, does thesalary also start that day?

    If the official term of office begins on the second Monday in January following the election, doesthe salary also start on that day?If the official term of office begins on the first Wednesday, following the second Monday in

    January following the election, does the salary also start on that day?Or, do these salaries start at some other time prescribed by law?But, as to the other information contained in PRR 1726 relating to deputy prosecutors, deputy

    sheriffs and city officials under R W 35.23.081 and superior court judges that your 2009 audi t failed toshow even one oath, appo intment or bond for, how can your audit protect the public money in any truemanner?

    For years there has been a large amount of money in filing fees that is not being collected at thelocal or state level. Constitutionally mandated, federally mandated, oaths of office, which are alsomandated under the State Constitution and State law are not being made a part of the official publicrecord, contrary to state and federal law..

    False salary warrants are being illegally submitted and paid, without authorityof law.

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    In addition, public money is being paid out in many other ways in connection with these falsecertified salary warrants, such as pensions and all types of other benefits. I am attaching several moredocuments In order to support the informat ion I have given you, but I am making a standing offer tosupply you with hundreds of additional documents and case law that support my report of criminal actsby state and local criminal usurpers within the state of Washington.

    Your statement does not comply with the defined mandatory duties for the state auditor underRCW title 43.09.Generally, use of the word shalf is considered a command and operates to create a duty absent any

    evidence of legislative intent to the contrary. 1 5 Truck Sales and Service Co. v. Underwood, 645 P.2d716, 32 Wash. App. 4, review denied 97 Wash.2d 1033 (1982).Use of word shall In statute imposes mandatory duty. Waste Management of Seattle, Inc. v. Utili tiesand Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).

    The general duties are defined in RCW 43.09.050, which states in pertinent part:The auditor shall.(1) Except as otherwise specifically provided by law, audit the accounts of all collectors of the revenueand other holders of public money required by law.

    (4) Inform the attorney general in writing of the necessity for the attorney general to directprosecutions in the name of the state for all delinquencies in relation to the assessment, collection, andpayment of the revenue, against all persons, who, by any means, become possessed of public money orproperty, and fail to pay over or deliver the same, and against all debtors of the state.

    Delinquencies in collection includes, but is not limited to failure to collect the thousands of dollarsin delinquent, mandatory filing fees for the filing of official oaths of office and official bonds.

    RCW 36.18 and 43.03 only allow public monies to be paid out to officers and employees andin order to be an officer lawful ly entitled to receive public money, they have to be duly qualifiedaccording to law. Officer is defined in RCW 1.16.056 and has been further defined in detail by theWashington supreme court In State ex reI. Fitts v. Gibbs (1952) 40 Wash.2d 444, 244 P.2d 241; McIntoshv. Hutchinson (1936) 187 Wash. 61, 59 P.2d 554; State ex reI. Johnston v. Melton (1937) 192 Wash. 379,73 P.2d 1334; State ex reI. Brown v. Blew (1944) 20 Wash.2d 47, 145 P.2d 554.

    ReWA 36.16.060 Place of filing oath and bond. Every county officer, before, entering upon theduties of his office, shall file his oath of office in the office of the county auditor and his official bond inthe office of the county clerk; Provided, That the official bond of the county clerk, after first beingrecorded by the county auditor, shall be filed in the office of the county treasurer.

    Oaths and bonds of deputies shall e filed in the offices in which the oaths and bonds of theirprincipals are required to e filed.

    All of the cases cited above confirm that all officers in this state are required to take and file anoath of office. Furthermore, as I have already informed you, all deputy prosecutors have been defined aspublic officers in State v. Cook, 84 Wn.2d 342, 525 P.2d 761 (1974). RCW 10.01.090 also deems that theattorney general and his assistants, appointed under RCW 43.10.060 to offices when prosecuting

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    criminal cases, are vested with the same powers as a prosecuting attorney; therefore, his assistants haveto have an official oath ofoffice as defined in the above cited case law.

    You were also informed that State ex rei. Day v. King County, 50 Wn.2d 427, 312 P.2d 637 (1957)defines deputy sheriffs as public officers and therefore they are required to take and file an official oathof office.

    How can a legitimate audit e performed, or claim to have been performed, without verifyingthat the mandatory oath of office has been taken and filed as required by law before public monies inthe form of salaries and benefits are allowed to be paid to those required by law to file the oath?

    If the alleged certified salary warrant is all that is used to ensure that only lawfully qualifiedpersons are receiving public salaries then why does the auditor's office even exist?

    The fact that people lie or in some cases are simply incompetent when handling money, theauditor's office was created, and why RCW 43.09.340 was enacted to audit the state auditor. But, beforeany proper audit can be performed, an examiner has to know what he is looking at and j f t is correct.

    What is to stop any department head or his assignee from adding a friend or other person's nameto a certified salary warrant, if no one is verifying that the warrant only contains names of peoplelawfully entitled to be named on the warrant?

    I am including PRR responses relating to a criminal usurper, Lloyd Nickel who has been criminallyimpersonating a Stevens County Deputy Prosecutor, for over 20 years without lawful authority. LloydNickel has never had an oath of office, except for the one he created in 2004, dated t nunc pro tunc to1991 and then had the notary public that works in the prosecutor's office subscribe it nunc pro tunc to1991. There is an original appointment dated September 1990 which was never filed as required by lawand one for January 2, 2007 and another in January 2010, none of which have ever been filed, asrequired by law; RCW 36.270.40; 36.16.040.

    The office of deputy prosecutor has been defined by the Washington supreme court in SpokaneCounty ex reI. County Comm'rs v. State, 136 Wn.2d 644,996 P.2d 305 (1992), as an " ..at the pleasureoL appointment, and unless revoked by the appointing power (the elected prosecutor), the term ofoffice for a deputy prosecutor expires at the same time the elected prosecutor's term expires; likewisefor deputy sheriffs.

    The Stevens County Auditor, TIm Gray and every other alleged official in Stevens County since2004 have been provided with writ ten notices relating to Lloyd Nickels criminal impersonation, lies,filing false documents, and more.

    If, in fact, your department was shown certified copies of oaths and bonds, those documentswere not lawful, valid documents because they were never made part of the official public record, asrequired by law; they could have come from any source imaginable, there is no proof they actually camefrom the public record in the auditor's office and this violates RCW 42.20 and other RCW's.

    I am also including documents relating to violations by Stevens County Auditor, TIm Gray inregard to RCW 43.09.330, for his intentional violations of the duties of his office and for recording falsedocuments, among other crimes.

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    The fol lowing documents are proof in support of the facts I have sent to you;Document 1. Oath of office for Pamela Payne recorded in 2006.This is the only oath of office that I have located from the secretary of State, Stevens County, SpokaneCounty or Pend Oreille County that was timely taken, subscribed and filed and/or recorded, in fullcompliance with the law.Document 2. Newspaper article published in the Statesman Examiner August 20, 2008.This article that was printed in the Statesman Examiner confirms that your examiners could not havereceived or looked at certified copies of Stevens County official's oaths of office, nor has there been anymention of the oaths for the prosecutor's deputies or sheriffs deputies. As stated in the article, TimGray does not agree with the law passed by the state legislature raising the filing fee so neither thestate nor county benefits. I do believe this article places Tim Gray's acts within several criminal statutes.In addition, neither I nor anyone else I have spoken with has ever, upon request, been allowed toinspect the file cabinet containing the said oaths.Document 3. PRR response from Tim Gray dated April 5, 2005 admitting that he does not possess thecompetence necessary to understand how to file documents into his office.For someone who has been the county auditor for over 15 years, Tim Gray does not know that an oathof office is a public record nor does he know the dut ies under ROO 65.04, so how can the countyrecords be properly maintained?Document 4. PRR response from Tim Gray dated January 8, 2004.This PRR is just one of the documents I have obtained confirming that Lloyd Nickel has never beenanything more than a criminal usurper and has committed many other documented crimes, including,but not necessarily limited to perjury, extortion, and filing false instruments. More evidence will follow.Document 5. Unsubscribed oath of office for lloyd Nickel.This is the document provided to me in response to the above PRR and which grants no lawful authorityand does not bring l loyd Nickel within the defacto officer doctr ine because there was no oath filed, norwas he duly appointed.Document 6. An invalid appointment for Lloyd Nickel dated February 8,2007.his a copy of an invalid appointment for Lloyd Nickel sighed by another usurper supposedly trained in

    the law, and this document was never filed, so Lloyd Nickel was not duly appointed. Also, notice thedate.Document 7. An invalid appo intment for Lloyd Nickel dated January 2 2007This appointment was done one month before the previous appointment. If these documents were filedaccording to law this could not happen; how many more appointments and other documents, requiredby law to be filed, are tucked away into the auditor's file cabinet instead of into the official publicrecord? Neither one of them can be valid because both documents claim to be appointments for lloyd

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    Nickel and the auditor never filed either one of them. Is there a valid one in the official public record; isthere one even in the official public record; was there ever a fee collected for filing an appoin tment forLloyd Nickel? Why aren t your examiners asking these questions, especially after I brought this issue totheir attention?Document 8. An unt imely appointment for Lloyd Nickel dated January 3, 201l.Notice how each document is handled differently by the auditor and none ofthem are filed Into theofficial public record. The auditor has no procedure for filing documents into the official public record,he admits he does not understand how to file all documents into the official public record, and thesedocuments verify that some documents, required by law to be filed into the official public record, arenever filed at all and do not exist in the offICial public record.Document 9. PRR request from me to Tim Gray dated August 27, 2010.Document 10. PRR response from Tim Gray dated August 31, 2010.In this document Tim Gray states he provided an oath of office for Lloyd Nickel for the term 1990-1991.The document he is referring to is Document 5 above and this does not constitute an oath of office andcannot be used to veri fy salary warrants for Lloyd Nickel during this time period. Tim Gray also statesthat he provided a certified copy of a certificate of appointment for Lloyd Nickel made on February 8,2007 see document 6). Although one was made on January 2, 2007 Tim Gray is unable to locate it; itapparently got lost in his file cabinet. Neitherof these documents can be found in the official publicrecord because they were never filed in accordance with law.Document 11. PRR request to Patricia Chester dated August 27, 2010.Document 12. PRR response from Patricia Chester dated August 30, 2010.Again, this response shows Mr. Nickel did not comply with R W 36.16.040 requiring him to have thesame qualifications as the elected prosecutor. See R W 36.16.050.Document 13. certified copy of invalid oath and certificate of appointment for John Troberg datedSeptember 19, 2003.I picked this document up from the auditor s office on Wednesday, August 22, 2007. There is noevidence it has ever been filed.Document 14. Affidavit of Tim Gray dated August 22 2007.This aff idavit was created by Tim Gray on the afternoon of August 22, 2007 after he filed a false oath ofoffice and certificate of appointment for John Troberg that would have expired on December 31, 2006 ifit had actually been filed on September 19, 2003, as required by law.Document 15. Cover sheet for the recording of John Troberg s oath of office and certificate ofappointment. The oath and appointment are dated september 19, 2003 and recorded on August 22,2007.This oath and appointment were invalid before they were even recorded because the term covering thisoath and appointment ~ x p i r e d on December 31, 2006. The invalid oath and appointment were recordedwithout paying the mandatory filing fee and salary warrants are being issued to alleged officials who

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    have failed and or refused to qualify for such offices and who are therefore not eligible to receive asalary. How many other salary warrants are being issued to people who are not eligible to receivesalaries from the public funds?Document 16. PRR request to TIm Gray dated December 26, 2007.Document 17. PRR response from TIm Gray dated December 31,2007.This response confirms the fact that false salary warrants are being illegally issued and paid to personswho have not qualified for the offices they are assuming.Paul Murray's invalid oath is from 1990, was never filed according to law and was issued by a sheriffwhohas been out of office for more than 20 years and this condition applies to many others usurping officesof Stevens County Sher iff Deputies.If you look dosely at what is supposed to be an oath of office for lloyd Nickel you will see it has neverbeen filed and it was fabricated in a fraudulent attempt to make it appear to apply back to the 1991.Both Nickel and the notary illegally dated and subscribed this document nunc pro tunc to make it appearthat Lloyd Nickel had a valid oath of office. This is one of the reasons the law requires documents to befiled according to law; to prevent such fraudulent misrepresentations such as this.I am only going to address one other document related to the PRR requests. This addit ional copy ofTroberg's alleged oath of office is certified by TIm Gray as being THE true and correct copy of Troberg'sofficial oath of office. Take notice of the fact that the copy I received from Tim Gray on August 22, 2007is absent the notation that now appears on the one he provided to me on January 8, 2008.Document 17. Oath and appointment for Scot Stuart dated September 13 2005.This document was filed into a mandamus proceeding by Timothy Rasmussen on February 24, 2010relating to the oaths for the term 2007 through 2010. Not one document meets the requirements ofbeing part of the official public record as required by ER 803(8), (see RCW 5.44.040), ER 902{d) or R1005, but because another criminal usurper acting as aSpokane County Superior Court Judge, atso inviolation of RCW 42.12.010(6) falsely allowed them s valid. But, the lis t again is not complete, althoughit does include Pamela Payne's oath, it does include the oaths for criminal usurpers District Court ProTern Judges Virginia Rockwood and Fred Aronow or any oath at all for the deputy prosecutors or deputysheriffs.Document 18. Invalid oath for Virginia Rockwood dated January 8, 2010.This document was not filed according to law and therefore does not appear in the official public record.Document 19. Invalid oath for Fred Aronow dated March 21, 2011.This document was not filed according to law and therefore does not appear in the official public record.Document 20. PRR response from Washington State Archives dated July8 2009.This document confirms the fact the Steven Goff, Washington State Supreme Court Commissioner doesnot have an oath of office and is illegally usurping that office. See SAR 15{j .Document 21. PRR response from Tim Gray dated January 20, 2004.

    Page BoflO

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    3

    Another PRR confirming TIm Gray's knowledge that oaths are being filed as required by RCW 36.16.060,but he is still accepting and authorizing payment of false salary warrants.Document #22. Verification Certificate for Bond No. 105188820 dated December 7 2009 for PatriciaChester.This document raises a question as to whether it complies with RCW 36.16.050 requiring a bond, notseveral bonds; RCW 29A.40.133, again, "Any required bond", not several bonds; RCW 29A.20.040(2)"For elective offices of counties, cities, ... , the term of incum ent ends and the term of successor beginsafter the successor is elected and qualif ied, and the term commences immediately after December 31,following the election, ... ,

    For elective offices governed by this section, the oath of office must e taken as the last step ofqualification as defined in 29A.04.133..By the clear meaning of the wording of RCW 36.16.050, 29A.04.133 and 29A.20.040 there is only onebond for the term of office, not several, and this is to be done before taking the oath of office, taking theoath being the last step.There is nothing in the clear wording of the above RCW s that would allow for partial or indefinitebonds.RCW 42.12.010(6) also specifies a single bond, not bonds.This document also does not have an ending date and a couple of other issues in regard to the followingtwo items.Document #23. Statement of Account for Stevens County Treasurer and Clerk from Chewelah InsuranceAgency dated December 10, 2009.This document shows a payment for Susan Harnash but shows Chester's payment was not made, buthas a general file stamp from the Clerk of Court's Office on the back of the document dated February 2,2010."Nonfeasance in office from willful neglect to perform official duty constitutes crime." State v. Setrit(1914) 82 Wash. 520, 144 P. 725.See RCW 9A.80.0lO, 42.20.100 and 9A.56.130.If you cannot produce copies of the paid receipts proving the mandatory filing fee was paid to file themandatory oath of office then produce the law or valid authority you are relying on that provides thatoaths of office are exempt from the law that requires such fees for the filing of every document that isrequired or authorized by law to be filed into the official public record. If you cannot produce eitherthen please consider this a report of substantial and widespread violation of the law requiring thecollection of the mandatory filing fees for the filing of the oath of office.Jimmy Ellis Clark2567 Bodie Mt. Rd.Colville, Washington

    Page 9 of 10

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    age10 o 10

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    J f i d g e : ~ , ~ n . t ~ 8 p d . l i f a v e ~ : , l f j i, h a v e ~ a n g h t _ to, ~ i j

    ~ ~ ~ ~ : . t J . o t l 6 i ; a b l ~ p e o p l e have. vio-, : : ~ ~ \ t ~ ~ s : : t i = ~ ~ , . -; = ~ ~ ~ , t i ~ ~ s n o t g u a r . 8 . t e e d ~ ,. for'cqi'rupt ,ineom.pete:p.t- ,

    ; ~ a P ~ h l I i O g a r i t esqwTeS; just ' : ~ ~ l 1 ~ ~ ~ ~ a r e slttiii o:Q.:_ , t l i ~ l i e n c h ; o r e s p e d h a s t o , ~

    ; ~ e e t . _we -,have allowed 'thesee s q c i r e s t d S ~ { J W - C O u n t i y ,

    ~ d o\lrrighfS, but most-of.,a 1 ti?-e.peoplejj.lst sit on ..'.., : :t . ... :.' - - ~ - . ~ - ~ . ~ . : - .... .:.:-

    -........

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    Prosecutor s Comer Print E mailWednesday, 19 March 2008By S(CVt:llS County ProsecutingAttorney, Tim RasmussenMr Clark and company presented their requests for citizen s complaints against the

    deputy prosecutors, me and other elected county officials before a visiting judge lastW ~ n f s a y afternoon.The hearing took all afternoon. I did not attend because I have work to do. At theconclusion of the hearing, the judge denied the request.The very fact of a person being able to challenge the power of the state is a testamentto our freedom. The law allows a citizen to put their concerns about the executive branchof the government before the judicial branch of government. Our system gives thecitizens the right to challenge the power of the state before the judiciary.

    Good citizenry acknowledges that all the laws apply to each of us, not just the onesthat we agree with. We should all strive to be good citizens, honest in our dealings witheach other, and we should respect the laws that we have put in place to govern us.

    We are still in the process of trying to find someone to supervise the workers on thework crew. We have an advertisement n the paper (Statesman-Examiner), but we havenot had much response.

    We need to find someone to direct the work of no more than seven people as theyperfonn projects for the county. They need a valid driver s license and, for now, willwork on Thursday, Friday and Saturday for eight hours or so. This would be a contractbasis without county benefits, at present.There would be no need to supervise inmates of the jail because the program willfunction for now as a way for persons to work instead of going to jail.

    Necessary equipment and training will be. provided. We want to find someone whohas basic computer skills and who is in good health. Basic first aid training leading toCPR training will be provided. Surely there is someone who could assist in this programfor pay. If you know of someone, please contact us.Last Updated Wednesday, 26 March 2008)

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    r Ittnty of'Ste've:ns

    ~ ~ ' o f W ~ h : i n g f . o n

    ( j f f i J t ~ ~ ~ j ~ ~ i f o i r C . 1 . ~ i l ~

    : D e c e m b e n ~ 3 ~ 2 b f i

    E I I = n t ~ 4 R&; 1 ? m ~ < ~ ~ : - d ~ ~ q : ~ e m t > e r 26., 20Q]

    : : ~ t M r ~ :tl?lrk: T b j i S : : : i s \ m Y ~ : r e s P b n s e t o ; x o U r , P D A ' r e q u e s t ; d a t e d D , e t e m b e r - : 2 : 6 ~ ; 2 0 0 7 : .

    ~ : k ~ : ~ f t ~ : ~ = ~ i i b : - ~ = : ~ r ~ t o t r J e J ~ v t f i n ~ E v t n , Q a ~ e . I ~ , r t q ; ~ ~ C O p Y Q f n Q a f h Q f O f f i c ~ 1 1 for Ubyd Nickel,Mr.,Troberg:and M r ~ stuartdhse(L I have no "Oath ofOffipf' o f M r . , T u t p { ~ i n i t h . -3. Document endosed.4. Copy foath,of'Offke andappointment for:Offic-ert?!urtay: dQ not haveanyoaths ote:tppointinents for theothersQn your fist.Respectfu Ity,

    ~ ~ ~11mGrayStevensCoun A ditotatt9chments

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    4. Pto.duce:a cot>yofthe, oothofo:ffiee :artd appomtrrten1S for the following, persons~ m p l ~ y e d b Y J b e Stevens county s h ~ r i i j s o f ~ e a s T e q w r ; d by your: RGW S(i; 1:6.q60;

    oJirtWebb M ~ L ; < @ ; ,ire,eor e MilJrarhi.lt~ m i -, B l J } q : ~ e ;

    2

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    .;4 - .. / ril .. , 2;

    f9i: Titn:fuaY~ ~ ~ ~ = i ~ l l S e

    1'his. isa:l>DA e q u ~ S l ; 1. Please prodlice any a n d a l l ~ \ i r i i n t { i t ( x o l i f l ) f f i ~ asSteveIJ.S county auditor relatingto thepayrIlent to the law J r r ~ u ~ f E Y a n s . i C i ' a y e l l ~ a p d : ~ e } ( e Y R ; . : l 8W.RiverSide. Suite 250

    . p o k a n e > ~ a s h i n g t o i l f o r ~ : ~ i r i e R r e s ~ h ~ ~ ? n ~ f ~ l ~ 4 N t ~ ~ * } i ~ ~ i j a m a S h r td.Tim.'81a.q1crnan mease, '2 0 5 - e v ~ 1 4 { ) Clark v., l ( ~ k e l t l u t u i g : t h e : \ y e a r 25,atIdlor2006.2. Produce a c o p y o f ~ t h e Oath f O f f i c e ~ ~ f o : f t h e f ~ H 9 W 1 n : g , a t t b m e y s employed by theStevens county p r o ~ u t o s offlCeas f D e c e m ~ , F < ~ . t ( J 0 7 1 a s : ~ q ~ d y y o u r RCW'36.27.040 and, filed as reqUired by 6 o r : R W : J 6 ~ : 1 6 ~ Q P q ;

    Lloyd' Nickel Mr Turplesmith Mr. Troberg Mr. Stuart3. Produce a copy of the sWqrIl :flfl1ila:vityou ct;'eal.ed for Mr. Troberg p T aboutAugust 21, 2007 reJating'toJheoaf:hofdfflcedated.2003. signed by Mr. Wetk.

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    SIAIE OF',\VASHtNGTON - - ' 0 . . .

    CATfJNJ;Y : -DE;- &TEVEN'S-', -.~ : ~ ~ . . ; . .. :: - ..... ~ . ~ . . ,.

    : I . / ~ l u ~ i : ~ 1 ~ ~ ~ e e u t i n g A t : t Q f : l ' i e Y 9 f _ S ~ Y ~ ; Q U f J , t y ~ S J < . ( n , ) f : ) y ; ~ 1 \ f l . 1 ~ P J ,p - a ~ c l t t g ' : m ~ 9 ~ J } ~ J i i j ~ m ~ m , , ~ 9 h a w l ; > , ~ g ; ~ ~ j h ~ . ~ r ~ 9 ~ n l t e @fl ~ R ; p g m { ~ t i w

    J : i i ? P * i ~ i : f . s w ~ Y t } l ~ ~ J i l i r r ' ~ f : ~ ~ i l i d Q U n : t y . S t a t ~ ; c > . , W ~ b i . x r g t Q n ~ , u n t l 1 t . . y d : ~ h X ~ l ~ m ~ l - a p p P l 1 . 1 j ~ J ~ i t ~ ~ l ~ ~ ~ ~ r y . ~ { \ s : e . anti b ~ m p J r ~ b t ~ i d ,

    :m.;.;,;~ _ ~ _ ; . . ; T ~ 1 ~ ~ $ 1 1 M O & Y ' ~ ' m E R E , Q F ~ _ l have i e t . ~ / - s e ~ , iflY(fumd .' -r .':- - ~ r e m b e t - , 2 ~ 3 ~ , l I > , , : .

    . '-' ,, . l 'A : ..,.; ~ ~ ~ i ~ ~ . c : p ~ Y F r o s ~ u t Q ~

    )55)

    I;)Ofurlt.jjh% dQ'Solemrily swear:fhat lam,aCitizen 0 f t ~ e U m t - e r l S t a t . e - s : a n { L 9 { t ' h e S . l i t ~ ; , t i W ~ h f u g m . n ; tbat fwi support the Con-stitution and 'LtiW$of t i e ; t h : l l : t ~ d : s : U . ~ ~ $ G m t i t h e C Q n s ~ ~ O n a n d L a w s o r t h e ~ S t a t e bfcWashington ,alld will to i l i e ~ : b e s t : ~ l my.:1uAgI: 'l.ent, skIlt and ahlUty. trulY,faitlifu11X; diligehtly andimp?rt1al1y perlcitnlthe. . '. . . . .d l . ( t e ~ n > . . f t h e Q m i e o { D e p u : c y P r o s e C i . l t Q r t n a n l r f o r S t ~ v e ~ S C b ~ Y Washing.too,.as

    s ~ i t h o . i l l l ~ m - e p r ~ r i b . e d b y la y, iibh'elprrie God. l:\ POI it. , i l l l 1/ 11;I x: : \ - .. f ~~ 1 V. -.

    : . ~ ~ ~ ~ c ~ E 9 .4,:;':0 SWORi l to before ofSeptember, 2005.- . . . 2 Z ~ ' - o O f - & 1 . r l = - ' { V ~ J 4 _ , : - _ , , ' . ' ~ : > ' , : . ~ ~ f r ~ c ' ; : ; ~ / ; .. () 1/ ;/. /lq_ A_ r-.. ' ': \ J ( J J : ; J b ~ : f ? : t ~ ~ ~ : V < J . / ~ : : : ~ ; . , : . , , : , , , ; ' 0 ~ ~ 1 . V; .c

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    oAu-ditd(Frleo#':2007' QO(}9833'"- . . . :. ' .: .. ' '... - ;

    ~ Q i . 4 e C f at ttte ieqtle Sto(:.JJ)HNTROBERGonOB 22 2007 at' tS:3{lToteiof.

    i ~ ~ ' ". . ..:. : E ~ i : ~ e ; t d d . J t i j > f i a . ' ( r i a r n e s q t J P ~ 9 , - - , 'ofdo'umf nt',:-.::' ~ J ~ ~ ~ f ~ I S : ~ ~ a S ; ; f t ~ t t M ~ ' ( J p , I ~ ' J Q ~ i ~lx , : P ' Q l U i I ~ , m . , . ~ : . ......:2.------------ ' ---------3 ...., . . . . ~ ~ ~ _ ~ ~ ~ t ( : ~ a i f d j t i o r i a r t i a m ~ : o n p ~ g e ' - ' - . ' : . ,of document.

    L E G A : L O E ~ C . R I P T I Q N : A b f j . r ~ v i a t e d , f o t i : h : ( l o t , b l o c k : tpli;it ' n ~ r i i e , a ors e c t i o n ; , o t ( ) w n s h j p ~ t a n g e J1 --'- '-2.-., . . . . . . . ~ _ _ _ . _ . ~ ~ ~ _ _ _ : : _ : _ _ Ad:dltfonalle$lal description is () i1 pa'ge, o,f document-.ASSeSSOR'S PARCEL NUMSER(.S) -

    R E ~ E R N E NUMBERS OF RELATED DOCUMENTS:, ' t i fapp,Uc,abl4[ ) . , ' . ,

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    2...,.J

    56789

    101I1213141516171819 I

    II

    20

    j

    242526272829 !I

    I,i

    "

    In this regard} 1 have reviewed my file for Oaths from the Prosecutor's 011ice, and I ha\'e onfile the original Oath sigricd by John Troberg dated September 2003. A true copy is attached hereto.

    r certify under penaJty of perjury under the l"ws of the State of Washington that the foregoingis true and correcl

    I further acknowledge that giving afalse statepJent which affects a criminal proceeding is thecrime of false swearing, a gross misdemeanot,and that 1 may be charged \vith that crime if I give amaterially false statement.

    SIGNED MTI S\VORt"'l to before me thiskQday ofAugust; 2007.

    IIiIII AFFlD_-\vn -2II,

    : O l o . f d r , t h e f o U b w i h ' ~, '.' , ~ . y Q U PUllJLJsC.oSJ.:L. req es,t,QQ " . u g , U $ t , ; ~ , 4 , " . . " ,..gQQ A 4 ~ j O / 2 . ~ 1 1 h : J 3 Y J t e n i > ; h e t E l t O : Y ~ P 9 ' t ~ : ' : ' , .1. Q a t h s o f : Q f f l C ~ i f i ) r l 4 ~ v ~ s ~ ~ n t y i ~ p - ~ ~ , ~ r g o y ~ } . J i C k e r . ~ ; .'(1); C u r r - l 1 ~ ~ r i i ( ~ q . Q 7 : i t 5 . d a t e - : : N ( i n ~ ; 6 r H i J e ~ . {2} Tetro :2,OQJ:tP:,2QOl ~ , f : ' Q o g ~ Q J t ftl.;f3} Term1999 to"2003 : ~ f N b n e ~ o h - f l f ~ . : {4} Term1 9S f:19S0 ,"::None,;on;ftiK.sy Term 1991 t . ( ; i l ~ S ; -None;

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    .- I-c

    August 27, O l O

    ; 1 . E 5 , i 1 t ~ t i : ~ ~ ~ t : J J l ) : G ~ r i ~ ~ . ~ ~ ~ Q Q 7 ( Q . d a , f u ;

    : ~ ~ : f i ~ v i o ~ w m ; t Q > ~ : : ~ o ~ 2Q 7. 3 ~ ~ k m s e r I n J 9 9 9 ' t h r o u ~ 2 { ) 0 3 . ~ i : P t e v i o i i S ~ t m : 1 9 9 5 t h r o u ~ 1990(5 ;Previbustertti::lWFthtbugh 1995(6) Previo4$ tnll1990thtough 19912 P l ~ : p r o g u c t f a n d : i e n i f y c o p i e ) , o f t l i e \ V T ; i . t t : e t i ~ 4 t I n e r i f s : t e l a M g t : o A d l g e . 4 STEVENS COtJNtY DEPUTY PROSEcUtOR.Lloyd,Nickel fot each-ofthetei1iis

    l i s t e d u W e : i . N b ' ~ r above. .4. Please netlfy me when these. documents are ready. PH: 7324154

    Page 1 oflF:WyDocumerrts\}imm1s rDA's 2010\AuguSt 27 Tim Gmy.doe

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    cueNT 1'588'PRODU ER

    Amount of remitt nce

    1 ) ~ c e t T f 6 e r : : j O t t i i 2 0 0 J ; a ~ 9 I r i n l i 1 g s t a t ~ m ~ n t ; B a f a n c e ' O ;~ 8 7 1 fl2a 11 19' 1 ~ 3 7 6 ; 4 ; 1 ~ i ~ ~ ; ~ . . M ' ~ : P W : > I Q f f i t c W ~ ~ R ~ ; : ' ~ ; t j ~ ; } ~ 9 Q : .~ ~ i : Q ~ ~ ~ ? ~ ; 0 9 . : ' 1 , f ) 3 ~ Z ~ ~ ~ ~ , P ~ ~ C h ~ Y l ~ 1 ~ 1 i ~ ; l t 1 . ~ 2 6 ~ } 6

    ; D E P ; ~ l ' 0 9 : 1 : ? 3 t i ; l 1 1 ~ i ~ ~ ~ i . 1 , . 0 3 ~ , 0 9 ' .... - < '$1,ZgS:OOSi,033:lJO :Z63.0Q

    . e l : l ~ i n g S t a t e J l l e n H 3 a ' ~ n i C e : 663 .29

    .1 to.60 ..:.. ..I .IIIheweUih InsiJrance gencV

    POBox 316Chewelah WA 991 09, _,> . t . . . . .

    6 to 90 _ 9_1_ 0 12.....:.1_ l ~ 122 daY_:5+-----lI -r- fS t e v ~ n s Co.unty Tre.asurer& G l ~ r k 215 . Oak, Room163 'CQIville, WAW: 4 .

    page 1

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    :3n

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    (]o,untyofSteYf /ns? ~ Y i ~ i W A A W ~ : J l

    : : .,--: o . ; ' ~ ' ' ' ' : -

    bearMr; C ark;:l . t i p . v e : ~ t ~ Y i e W ~ g : ~ ~ R e , f $ W t n ~ r j r i f o r m a ~ q r r J n J r i t Q m ~ a n t . t l p 4 o ~ J : J ' i Q ; ' Q ~ n ; ' 9 f Q f f l t e ~ ~ { ' f ~ ~ . b ~ r f f fDeputy 4 i m o t h ~ Blackman; Y o u m ~ y w a n l to'eckWitflSheriff,CraigThayer;- .. ..

    ' T h ~ . : Q a t h Q f O f f l c $ f6r' ,pjetipryourt JUdge e p e ~ t 3 E K e t : l ~ ~ h a l J < : i l e Q t t 1 r o Q ~ h , t ~ a ; S ~ t ~ t ~ r f Y ofSlateOffrce s j n c e : ~ : s h ~ i s : a J u d g e in a three: county C,ollrtdismct They can be. c o n t a c t ~ 1 { . J : i a t : O ~ y e EJI off, O r ~ c . t q r Se-cretary p stiiterElections D M ~ i o f l PO Box 40232Olympia,WAS8S04-0232

    Hespecffi,lliy,

    ~ ~ : a : ,im Gray ,Stevens County , aitor

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    1 -. -

    Jinmry Ellis, Clark2094 Onion Ck Rd LOI AColvil e. W '-Ill i -l_l)(> ,July 8, 2009\Ir. Clark.I have searched the oaths of office in our collections, but have not found one fromSupreme Coun Commissipner Steven Goff. You or a representative may also review theoaths of office if you \\ ish. Our fiscal depanment has been instructed ' (0 refund yourcheck in the amount of55.00 Sincer Iv.

    Frin Whirese Jon \ a ~ b i n g l ) r l : -13te:, C l \ ~ :

    1LY .as . gto CC S t :Olympia, \ A 9 -04-02 '8leI: 360) 586-1492research@sec late.\ a.go\'

    f ]1 1 fY ELLl CLARK2567 BODIE Nfl' , NO U 391- COLVTLLE, WA 99] 1 1

    l

    IS i2;,a \413100Dale. ,, ;,,,

    d ~ : ; 4:: : : _ Do IIor GJ . :'.:. iI

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    S T . E V ~ S C ( ) l J N l ' Y n l 8 . l ' R I C T COUR . FILE~ T j \ T O ~ WASlIINGl ON, _ ~ , - ~ ]f PJfJ U l > G ~ : : p R O n l \ ' l P Q m l ' Q ~ r n ; Q J t Q J l f l ~

    : s : J ~ ~ l m ~ t ; ~ } ; f f- - . , l ~ , e < i ) U I ~ , T 'ijshereby o r c f ~ t h a t V{1ll. F.re.d,ArPIlQW ~ ; ' ~ l . ? P Q i n t e d > i p h ~ ~ : ; ~ ~ ; ' 3

    ' j u 4 ~ P r o : ,ThJlWOre; fotStevens:,CoUho/l;;>lStrict J20tlrt 611. n ~ ' ; i i e . e d ~ ' h.as1s:as:C t , e . , _ ~ , ~ y ' t P . ~ , P t ; s , j 9 J r i g - J ~ d g ~ f o ( ~ ~ t t . P 9 i w t Y : Q ~ \ 1 : ~ ~ ; . _, ],4h

    ~ ' : i W i i l : . / F @ . ' ~ l ~ W d { l . ; s P l e . i n n l Y S \ \ ' ~ a r t h ~ b l . ~ , ~ s m m Q t f ~ ~ ; . ~ p ~ i f t f Q W : Q . r J h . ~ ' U ) ; i j t e ~ f ~ ~ s a n ( l t h ~ ~ 9 n s t i t u t i o n , Q f ~ e , S t a t ~ o f W ~ t n y ~ 9 . ; t M t i l : W i U , ;(a.ilhfnll)'discbargothe _duties of the office of' J i i d ~ , : R ' t o ; ~ T ~ r e o t t t h e . , , : S t e v e n s : : C b ~ t y . P ~ i c t C O : ~ q W t h e b ~ ' b f m y a b m t y , s o ' h e l p ~ f u e : g p d ; ~ i

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    1 Sheriff L a V Q J m ~ ' W e b h - ( i n t e J . j m ; S ~ l ? t g,- -Noy.23; 2010)2.' Sheriff K e t l d l e - A J l e n ~ ~ g - m m n g Nov. 23,-2010)3 T ~ i ~ r Siie:Ha:r:Dascb , .. - ; .. .' : . -.4,

    II ' f Q r ~ f . f . i 4 ~ 1 1 ~ 1 d . W Q g g f i ; g ~ m , ~ i j ' ~ J j ~ O t < t ,Asse . prAiJ;T-

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    PYQIRJGjW ij .FlLED

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    J 0: l m a k e ' t h l s { ~ l a r n t i ~ h i n fnyofficihL a , p ' t ( e } ~ a s ~ I # ~ ~ 9 i . ~ ~ t f : t ~ y > ' :101 . AWich@ :a.re f . l ~ f ( ; > 1 l : o v v ~ i D : g ; ' o a 1 h s of office . V ~ _ h J : p ~ i n ~ 1 I ~ ~ ~ t b 9 i : S : t e ~ ~ Gfj"@,tY:'AYititor

    j 2 ~ T:i.nJ Gray,:fQr O f f i . c ~ s . h e ] d t h r Q u g h Dec,ember- J:1,:2PtO::13' Assessor Al Taylor14; Tim Gray1.5- Clerk Patricia ChesterJ6

    AildiJor

    Coroner Patricia Hanc ock17 County C 0 1 l l m i ~ i o n e r Malcolm FriedmanL8: . County CQmnllssioner Merrill Ott (term :exprred12lJ1I20.rO).1q . COunty Commissioner Larry Guenther20 1 ; ~ q s e c u t i n g Atiprney Tim R a s m u s ~ e n

    Craig Thayer (resigned tohecome D S. Marshall Sept. 8,. ZOl 0)21 -Sheriff2223 DECLARATION - l

    .sTEVENS CPWITY.PRQ EClJTfNG AITORNEY24 p: b. BOX 390Col,,:i1i , \VA 99tl425 (509) 684-7.500 fax ( ~ 0 9 ) 684 8310

    mailto:AWich@:a.remailto:AWich@:a.remailto:AWich@:a.re
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    STA'fEOFWASHIN6T0N. . ; . . ' -. . . ..... .. ./ . . : . '. : ::t: O,T ~ ~ 1 \ - t : : S : ~ ~ ' r S. ' y . ~ t ~ ~ ~ ~ J , ; - ' ~ . ' . : ~ Y . ~ ~ . ~ . ~

    I . J ~ \ ( n J i i f . : W e ( f ~ i ~ ~ ~ t ~ c U t i ~ g ; , ~ t t o r n ~ Y - \ ' : f : S W V ~ < r d U H t Y ~ , ~ ~ t ~ ~ : f W : ~ J i m R 9 ? , ~ ~ z ~ # i a , t ~ ~ t i i ' - i j c ; . e ; ' i J l j s ' c - P . t J . ) J $ h 1 a . i t . i d g , J ~ ~ f ~ b r ~ ~ ~ ~ ' W ) c a . j ~ i . m Q m p . $ . ~ Y - J '

    , , $ : ~ ; : D ~ p n f t p t ~ s e c u t O r ~ b t : s a i d : : C 6 u n ~ : ; S ' t a t e ' , o : t \ \ t a s l i . ~ : 1 ~ t i f : , t @ o k e a ; & - m e ~ W 4 i Y 1 : ~ P m r : l l r J i g i , t , @ a u : . 1 l ~ t ~ : ~ ~ ; ~ ~ d { ) ~ ' r i * I J ' a n , d : . ; , v . Q i Q

    m t E S J ~ I f ' 0 N Y ~ : ~ O F ~ I ' b ' a y e , h e r e u n ~ ' , ~ l J U , X h a l f ' ,,, S e p t 9 T J Q e t f ~ ~ 0 5 ;

    ( i , ' ' : ~ ' ' ; l : ~ &-r 'w ,A,oHIN'G-- 'T 'AN~ i ' f . : 1 ~ ' ~ ; ~ w ~ ~ : : ~ ~ : . ~ . : ; ' IssriO,T, nT T 'V '0'1:','S'TE':'1'1:11.]S. : ~ ~ ~ . J . ~ : : :.., : : v . < ~ . L ~ . : }t S ' ~ f D ~ ' ~ ~ : d p soleron1y :swear lamaCitizenpf i h ~ : l ] r i : r e d ~ S ~ t ~ @ d

    ol'the$tatffQfW s i i i n ~ o b ; that 1will sl1ppcirt'tbe Constitution n d : t ~ w s o f t h e , t J m t e d S t a t e s : a n d t h f f C O ) l ~ t i t i . l p o n , a n d 4 w S o f S i a t ~ ( ) f W ~ h i . . t l g t i : ) ] J : , a n , d : ' Y . i ~ J ( : t # l : , l J ~ ( : Q : f my ~ d g m e n , s l c i U ability? truly, a i t h f u n y ~ , diligentlyandirrtpartkity.;pe fmtthedutieso(the;off}ce ofDeplity Prosecutor in and for Stevens County J ~ n t t i

    s U G h d u t i e s a r . e p r ~ c r i b c i i b y law, so help me God.

    SWORL if to before me ihi$,13thday f S p t e m b e . r ~ 2Q05.II J k d ' / ~ NotaryPublic in and for theState ofWashingto.n 0. . ,Commission E x p i t e S : ~ A O O

    mailto:W4iY1!:~Pmr:llrJigi,t,@au:.1!l~t~:%E2%BE%BE;~~d%7B)~'ri*IJ'an,d:.;,v.QiQmailto:W4iY1!:~Pmr:llrJigi,t,@au:.1!l~t~:%E2%BE%BE;~~d%7B)~'ri*IJ'an,d:.;,v.QiQ
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    )}1

    .r.ti ,:;j,,U v,U.,

    . ~ f i l t of ~ s h i n g t o n } ssCdunty of StevensI 7 Wl ~ . Audito,rofStevens

    C r J ~ l f 1 t \ , t ~ h u \VJshington, dl hereby certifytb t thef l . l i \ ~ 2 ( ; i n l instrurilem i. a t 1.ic anu COIrect copy of theuri2hwl t h e r ~ o f tlo\V on file in my office. .'IN TESTIMONY \Vl-IEREOP. I have hereunto set ,myt:md and nffi:ed the C T f f i ( ; ; ~ l i \ ~ l of my office :Jt ColvtlJe.

    ~ ~ ~ , ~ 1 ~ 1 Y ~ . ~ ~ ~ \ 20 cJ.

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    Declaration/Asseveration of FaetsComes now, the undersigned, ernie-lee: hoch, Declarant, being of lawful age and

    competent to testify, by way of this Declaration/Asseveration l and avers that the followingstatements are true and factual based upon Declarant's personal knowledge, belief andcomprehension concerning the status of Declarant as one of the People on Stevens county onWashington state.

    1. Be it known to all governments, government subdivisions, courts, and other parties,that T ernie-lee: hoch, Declarant herein, am a natural, freeborn man in the flesh, apeople in possession of the birthright as described in 4 Wheat 402 and one of thesovereign people acknowledge by RCW 42.56.030; RCW 42.30.010; WAC 44-1401003; and, RCW 42.17A.OOl.

    2. That Declarant did schedule a meeting for April 8, 2014, with the Countycommissioners of Stevens County to make a presentation and petition them to executeand implement an Oath of Office Ordinance along with a Conditional Offer ofAmnesty.

    3. Declarant states that nearly 50 additional people attended this meeting and when"commissioner" Steve Parker asked if this was the consensus of those in the audience,the people answered with a resounding "Yes", and not one of the people in attendanceobjected.

    4. Declarant states that as of the subscribed date of this Declaration/Asseveration, avideo of the presentation of the Oath of Office Ordinance and Conditional Offer ofAmnesty was uploaded and in existence on Youtube.com at:

    https://www.youtube.comfwatch?v=PKJ3NEtZaxw5. Declarant states that a digital CD was given to the Stevens County Commissionerscontaining a PDF copy of the presentation of the Oath of Office Ordinance andConditional Offer of Amnesty and that it was hand delivered by Declarant to be a partof the permanent and historical records of the Commissioners' office specifically, andStevens County in general.

    6. Declarant states that shortly after that meeting on April 8, 20]4 all eleven (11)eJected "officials" were served with a Notice ofNon-Compliance with State Law anda copy of a certified copy of their "oath of office" referencing therein the issue ofalleged "oaths of office" were not made part of the official public records becausethese "oaths" are without evidence of being FILED per specific RCWs identified inthe Notice, no evidence of mandatory fees paid and no evidence of a uniquefiling/recording number.

    Asseveration: The proof which a man gives of the truth of what he says, by appealing to his conscience as awitness. t differs from an oath in this, that by the latter he appeals to his Creator as a witness of the truth of what hesays, and invokes him, as the avenger of falsehood and perfidy, to punish him if he speak not the truth.

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    7. Declarant states the "originals" of these "oaths of office" are stamped by the CountyAuditor as "RECEIVED", the "originals" are retained by the Auditor and not returnedto the document maker; the documents are stored in one of numerous non-fireprooffiling cabinet and not in the Auditor's vault; are locatable only by a manual search ofmanila folders per Tim Gray's2 own words when interviewed on video and uploadedonto the Internet at:

    bttps://www yootobe com/watch ?v==piXSV4zzbog8. Declarant, being a man of common intelligence), states that his knowledge and

    understanding of the RCWs is such that if the Oaths have not had a fee paid and arenot assigned an auditor file number; are not scanned in and digitally archived in theofficial records of Stevens County and are not forwarded to the official StateArchives in Olympia for archiving then no evidence exists these "oaths of office" area part of the official public records of Stevens County or the State of Washington.

    9. Declarant states that his knowledge and understanding of the RCWs and certainWashington court cases establish that these elective offices are being occupied bypersons not duly qualified to receive a salary for that office.

    10. Declarant states that his knowledge and understanding of the RCWs shows thelegislative intent for qualifications and that all eleven elected "officials" in StevensCounty have failed to duly qualify for office, thus identified in those RCWs as beingusurpers of and intruders into the office they occupy.

    11. Declarant states that he has personal knowledge that on May 27, 2014, all eleven (11)elected "officials" were served with a Notice of Vacancy of Office.

    12. Declarant states that state law and verifiable evidence are sufficient as such, that theelective offices in Stevens County Washington currently occupied by persons notquaJified to hold office are the County Prosecutor, the County Sheriff, the DistrictCourt Judge, the County Commissioner District] the County Commissioner District2, the County Commissioner District 3, the County Auditor, the County Assessor, theCounty Treasurer, the County Coroner and the County Clerk and Ex Officio Clerk ofthe Superior Court - eleven offices in total.

    13. Declarant states that his participation \'lith We the People has been one of seeking toreturn Stevens County back to being a shining example of how good governmentworks for the people and one in which office holders do not show their contempt forthe law by being lawbreakers and unjustly enriching themselves at the tax payers'expense for an office they do not legitimately hold.

    2 Current occupier of the Office of Stevens County Auditor.) .... courts must presume that a legislature says in a statute what it means and means in a statute what it saysthere " See, e. g., Unitt:{! States v. Ron Pair Enterprises, lnc., 489 U. S 235, 241 - 242 (1989); United States vGoldenberg 168 U. S. 95, 102 - 103 (1897); Oneale v. Thornton, 6 Cranch 53, 68 (1810) A statute which eitherforbids or requires the doing ofan act in terms so vague that men n women of common intelligence mustnecessarily guess at its meaning n differ as to its application violates the first essential ofdue process of lawConnally v General onst Co. 269 U.S 385.

    Declaration/ Asseveration of Facts Page 2 of 3

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    I ernie-lee: hoch, declare4 according to the penalty of perjury under the laws of the UnitedStates of America that the foregoing is true and correct to the best of my knowledge,understanding and belief. This Declaration Asseveration is made without purpose of evasion orintent to mislead. If some fact is proved by facts, law and evidence to be incorrect, I reserve theright to amend it for the truth to be clearly stated. This Declaration/Asseveration must beaccepted as Truth, unless a Counter Affidavit or Declaration is signed under the penalty ofperjury, and presented in dispute. Truth is the law of Commerce. Judgment must follow theTruth. This Declaration/Asseveration must be accepted as Truth in all Courts. Failure to do so isdenial of the truth.So Jet it e written So let it be doneAnd further Declarant sayeth naught.

    Dated t is day of JVn g" < 20 _ernie-lee: hoch, Declarant and one of thesovereign people on Stevens County

    SIGNATURE O WITNESSESWe hereby appear as witnesses to the act of Declarant, ernie-lee: hoch, signing thisDeclaration Asseveration of Facts.

    ss NO.1w C V l ~tness NO.2cr

    Witness NO.3

    [28 USC 1746(1))

    Declarat ion/ Asseveration of Facts Page 3 of 3

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    ountyof tevensState of Washington

    Office of ounty uditorTIM GRAY County Auditor

    215 South OakColville, Washington 99114509) 684-7511Fax 509) 684-8310

    April 5, 2005Jimmy Ellis Clarklo 2567 Bodie Mr. Rd. #24

    Colville, WashingtonDear Mr. ClarkIn response to your Freedom o Information Request presented to me on April 4,2005 I offer no answer because you are seeking an opinion, not information and Ido not legal skill necessary to answer the question.In response to the hand written, unsigned document presented by yourself to meon April 4, 2005 I offer the following:a. I do not have the legal skill to give an opinion on the constitution question.b. I do not require that private property be recorded.c. Oaths of office are not public record according RCW 42.17.020(36).d. I do not have the legal skill to give an opinion as to whether or not a fileddocument requires a file stamp.Respectfully,

    ~ r .Stevens County u itor

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis, Clark, Petitioner No.v Order to Show Cause

    Susan Harnash, Tim Gray,Steve Parker, Wes McCartAnd Don Dashiell, Respondents

    Order to Show Cause

    To: Susan Harnash, Tim Gray, Steve Parker, Wes McCart and Don Dashiell, Respondents.

    Jimmy Ellis, Clark Petitioner, having filed a writ of prohibition against you and good causeappearing.

    It is ordered that:1. You shall appear before this court, at a.m./p.m., on to show

    cause, if any you have, why a preemptory and permanent writ of prohibition should not beissued against you as requested in the petition.

    2. Any written motion, motion to dismiss, answer, or other response made by you shall be servedon Petitioner, and filed with this court prior to the time of hearing as previously fixed, not laterthan a.m./p.m.on _

    Date _

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis Clark, Peti tioner No.Judicial Notice in Support ofv Petition for a Writ of Prohibition

    Susan Harnash, Tim Gray, Steve ParkerWes McCart and Don Dashiell, Respondents

    Judicial Notice ER-201{d) to the judge assigned to hear and rule on this Petition that:This is a demand for the court to take mandatory judicial notice, and in order to

    establish jurisdiction to hear or rule on this Writ of Prohibition, demand is also made for alawfully recorded oath of office, meeting the requirements of ER 1005 to be filed into therecord of this proceeding before hearing or making any rulings on the merits involved in thismatter.

    RCW 36.17 only allows salaries from public money to be paid to officers and employees,but only officer's salaries are relevant in this matter.

    The legislature, acting within its lawful authority defined the term "officer" in RCW1.16.065 and the Washington supreme court interpreted the term tlofficer" in McIntosh v.Hutchinson (1936) 187 Wash. 61 59 P.2d 1117; State ex reI. Fitts v. Gibbs (1952) 40 Wash.2d444 244 P.2d 241; State ex reI. Johnston v. Melton (1937) 192 Wash. 379, 73 P.2d 1334, and allof these cases require the taking and filing of this oath of office.

    Art. VI cl. 3 of the Constitution for the united States mandates the taking of the oath ofoffice.

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    Title 4 USC sec. 102 requires the recording."Where an act uses the word in a special sense which it defines, defin ition, by average

    man or by ordinary dictionary is not substitute for the definition contained in the act." NationalHomeopathic Hospital Ass'n of District of Columbia et. AI. v. Britton Deputy Com'r, 147 F.2d561.

    "When legislative body provides definitions for statutory terms, it is that definition towhich the person must conform his conduct." City of Seattle v. Koh, 26 Wash. App. 708, 614P.2d 665 (1980).

    Definitions are integral to statutory scheme and of highest value in determininglegislative intent.... To ignore section is to refuse to give legal effect to part of statutory law ofstate." State v. Taylor, 30 Wash. App. 89, 632 P.2d 892 (1881).

    Not only did the Washington legislature define "officer" it also defined the words "file",filed , "filing", "record", recorded", and "recording", in RCW 36.18.005, but they also definedthese same terms in RCW 65.04.015, and added the definition of "recording number".

    With all ofthe definitions provided in RCW 36.18.005 and RCW 65.04.015 and the exactprocedure laid out in RCW 65.04.040 for incorporating documents into and making them a partof the official public record, there is no excuse for the failure, neglect or refusal to comply, nordoes RCW 42.12.010(6) allow for this failure. The legislature went even further by enactingRCW 42.20.030 and made it a crime.

    A person occupying an office under the judicial doctrine of a "defacto officer" does notcome within the legislative definition , nor the Washington supreme court's definitions of an"officer" entitled to salaries allowed under RCW 36.18.

    "The law requires not conjecture, but certainty." Coffell v. Ogden, 85 S Ct. (1885).", compensation of public officers had to be strictly construed in favor of the

    government, and such officers are entit led only to what is clearly given by law." Murphy v.Dept. of licensing, 28 Wash. App. 620.

    "A statute should, if possible, be construed so that no clause, sentence, or word issuperfluous, void or insignificant." Graves v. Meyers, 35 Wn.2d 403, 407, 213 P.2d 483 (1930).

    See also; Furnia v. Grays Harbor County, 138 Wash. 619, 621, 291 P 111191930); 67c.J.S. Officers sec. 226 (1978); "An officer defacto can not maintain;:: suit for fees." 24 Am. Rep.715; 9 ib. 409; People v. Hobison, J Denio, 579.4.

    RCW 36.18.050 - Fees in special casesRCW 36.18.060 - Fees payable in advance - exception.RCW 36.18.140 - Payment of fees to county treasurer.

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    Except fees paid or chargeable to county or state, all fees were to be charged,collected, and paid into treasury, and state was not absolved from liability for cost by formerstatute. Department of Labor and Industries v. Ayer (1936) 185 Wash. 310, 54 P.2d 1019.

    , but the court held, that judges right to hold public off ice was subject toqualifications imposed by legislature. State ex reI. Carroll v. Simmons, 61 Wn.2d 146; 377 P.2d421 (1962).

    All superior court judges and district court judges are elected by the county voters, notthe state at large.

    Black's Law Dictionary 6t Ed. Defines County officer - Pubic office filled by theelectorate of the entire county.

    RCW - Constitution Art. 4 sec. 5 - ''There shall be in each of the organized counties ofthis state a superior court for which at least one judge shall e elected by the qualified electorsof the county.

    Art. 4 sec. 13 - One half of the salary of each superior court judge shall be paid by thestate and the other one-half by the county, or counties for which they are elected.

    we stated that superior court judges, in addition to being state officers, are alsocounty officers. State ex reI. Edelstein v. Foley, 6 Wn.2d 444, 448 (1940); In re Salary ofSuperior Court Judges, 82 Wash. 623 (1914).

    There is an argument by some persons occupying offices of superior court judges, thatbecause they are not listed as county officers in RCW 36.16.030 they are not required to complywith RCW 36.16.040 and RCW 36.16.050, but the words say differently

    RCW 36.16.030 starts off with , stating in part, Except as provided elsewhere in thissection, in every county there shall be elected from among the qualified voters of thatcounty. This statement does not include district or superior court judges, because the BarAss'n has absolute control over the judicial branch and only their members are allowed to holdthose offices.

    But, RCW 36.16.040 - Oath of Office uses the words - Every person elected tocounty office shall... , and makes no exceptions.

    Again, RCW 36.16.050 - Official bonds. Uses the s me word - Every countyofficiaL .. but under the purpose of this RCW, you are referred to RCW 42.0B.

    The second paragraph uses the words ''The official bonds of all county and townshipofficers, except ... , and only lists one exception which does not include judges.

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    As shown by the words used by the legislature and as stated by the Washingtonsupreme court, superior court judges are required to qualify for their office as mandated byRCW 36.16.040 and RCW 36.16.060, just like v ry oth r county official.

    Submitted by Petitioner:~ o eJ :.. l ~ ~. my Ellis, Clark2567 Bodie Mountain RoadColville, Washington 99114PH 509-675-4021 or 509-675 5988e-mail: [email protected]

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis, Clark, Peti tioner No.v. Motion Requiring Respondent's

    Susan Harnash, Tim Gray, ttorney to Produce uthoritySteve Parker, Wes McCart to Appear on behalf ofAnd Don Dashiell, Respondents Respondent(s)

    Comes now, Jimmy Ellis, Clark, the Petitioner in the above-entitled action and moves thecourt for an order requiring any and all attorneys claiming to appear on behalf of Respondent(s)to produce the authority under which they appear in this proceeding on behalf of the abovenamed Respondents, all of which claim to be elected officials of STEVENS COUNTYWASHINGTON and all proceedings be stayed until such authority be produced. This motion ismade on the grounds that there are no prosecuting attorneys authorized by law in STEVENSCOUNTY and is further based upon the attached declaration of Petitioner in support of thismotion.

    Dated 7 3 4-

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    I certify that a copy of this Motion to Produce Author ity to Appear was filed with the filing ofthe Writ and each Respondent received a copy of this motion when service of the Writ wasmade upon him/her

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    Superior CourtStevens County

    The State of Washington

    Jimmy Ellis, Clark, Petitioner No.v Declaration in Support of Motion

    Susan Harnash, Tim Gray, Requiring Authority to AppearSteve Parker, Wes McCartAnd Don Dashiell, Respondents

    I Jimmy Ellis Clark, Petit ioner above the age of eighteen, with first-hand knowledge ofthe in formation stated herein do declare;

    RCW 36.27.005 defines a prosecuting attorney as an attorney authorized by law toappear and represent the state and counties thereof in actions and proceedings before thecourts and judicial officers.

    RCW 36.27.020 - Duties, again the authority to appear and represent the state orcounty requires a prosecuting attorney, authorized by law.

    State v. Cook, 84 Wn.2d 342; 525 P.2d 761 (1974) "Because the prosecuting attorney'sand his deputies hold office created by the constitution they are in law public officers. Const.art. II sec. 5.

    The State Legislature further defined "officer" in RCW 1.16.065 as any personauthorized by law. And, then the state supreme court went further by defining an "officer" ashaving five indispensable elements, and that in addition, officer must take and file officialoath, hold commission or other written authority, and give official bond, if latter be requiredby proper authority." See Mcintosh v. Hutchinson (1936) 187 Wn. 61, 59 P.2d 1117, 105 A.L.R.1234; Fitts v. Gibbs (1952) 40 Wn.2d 444,244 P.2d 241.

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    There has also been claims by the alleged STEVENS COUNTY prosecutor, Mr Rasmussenthat his deputies are not public officers and only need their oath as attorney, because they areappointed not elected. But, again he is wrong, as shown by the following;

    63-C Am. Jur. Sec. 124 - every person elected or appointed to any office in this stateis required to take the constitutional oath of office, which is an oath deparate and distinctfrom the oath that all licensed practicing attorneys are required to take. Kern v. Wolverton,

    181 W. Va. 143, 381 SE. 2d 258 (1989).The Washington supreme court also covered this issue in;State ex reI. Brown v. Blew (1944) 20 Wn.2d 47 [No. 29213 Department One Supreme

    Court February 4, 1944] when it stated, in part, Attorneys at law are officers of the court, alsoothers who render assistance to the judge ot the court over which he presides in theperformance of his duties. They are often designated as officers of the court, but they are notpublic officers.

    The next issue is RCW 36.32.200 Special attorneys, employment of. Since there are nolawful STEVENS COUNTY commissioners with power to hire a private attorney or lawfulsuperior court judge to approve the hir ing of a private attorney to defend in this proceeding, itcannot be relied upon.

    D a t e d - S ~ ~ 3 ~ V \ Petitioner

    2567 Bodie Mountain RoadColville, Washington 99114PH: 509-675-4021 or 409-675-5988

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    SuperiorCourt StevensCounty

    TheStateof Washington

    JimmyEllis, Clark,Respondent No.v Noticeof Disqualificationfor

    Susan Harnash,TimGray, lackof LawfulAuthoritySteveParker,WesMcCartAndDon Dashiell,Respondents

    1. PatMonasmithandAllenNielson,personsillegallyoccupyingthe officesof STEVENSCOUNTY SUPERIOR COURT judgesfailedto qualifyas requiredbylawfor said offices.2. Pat Monasmith,beforehisillegaloccupyingof saidoffice,didknowinglycommitnumerouscrimes,includingfelonies,such as filingfalsedocuments,mailfraudandextortion.

    3. AllenNielson,whileillegallyoccupyingsaid officedidfilefalsedocumentsandcommitextortionandmore.

    4. Theirfailureto qualifyaccordingto lawfor theofficestheyillegallyoccupy,deniesthem uthorityof lawto hearor ruleinanyjudicialproceedinginanycourt,andthisfailuretodulyqualifyremovesanyso-calledimmunity theycouldhaveclaimed.

    Thisnoticeis submittedwith standingofferto prove!