IT IS UNDISPUTED PURSUANT TO CR 8 (d) THAT RCW 43.10.030 (4), RCW 43.10.040, RCW 43.10.065, RCW 36.27.020 (3)(4), RCW 36.27.030 & RCW 36.27.040 THAT THE ASSISTANT ATTORNEY GENERALS HAVE NO RULE 17 (a) STANDING TO APPEAR IN FAMILY COURT TO PROSECUTE DEPENDENCY HEARINGS! It is undisputed pursuant to CR 8 (d) that . . . NO LESS THAN SIX (6) RCW STATUTES . . . RCW 43.10.030 (4), RCW 43.10.040 and RCW 43.10.065 specifically provide that the Attorney General and/or his Assistant Attorney Generals have . . . “NO STANDING” . . . pursuant to CR 17 (a) to represent or prosecute any Civil Actions for Dependency Hearings in a Family Court, because that specific type of action is specifically . . . “declared by law to be the duty of the prosecuting attorney” . . . pursuant to RCW 36.27.020 (3)(4), RCW 36.27.030 & RCW 36.27.040. RCW 43.10.040 reads: “RCW 43.10.040 Representation of boards, commissions and agencies. The attorney general shall also represent the state and all officials, departments, boards, commissions and agencies of the state in the courts, and before all administrative tribunals or bodies of any nature, in all legal or quasi legal matters, hearings, or proceedings, and advise all officials, departments, boards, commissions, or agencies of the state in all matters involving legal or quasi legal questions, except those declared by law to be the duty of the prosecuting attorney of any county.” And; “RCW 43.10.065 Employment of attorneys and employees to transact states legal business. The attorney general may employ or discharge attorneys and employees to transact for the state, its departments, officials, boards, commissions, and agencies, all business of a legal or quasi legal nature, except those declared by law to be the duty of the judge of any court, or the prosecuting attorney of any county. And; It is undisputed pursuant to CR 8 (3) that RCW 36.27.020 at subsections (3) and (4) clearly provides that it is the . . . “duty” . . . for the elected county prosecutor to “appear for and represent the state” . . . and to . . . “prosecute all criminal and civil actions in which the state or the county may be a party” . . . and reads: “RCW 36.27.020 Duties. The prosecuting attorney shall: (3) Appear for and represent the state, county, and all school districts subject to the supervisory control and direction of the attorney general in all criminal and civil proceedings in which the state or the county or any school district in the county may be a party; (4) Prosecute all criminal and civil actions in which the state or the county may be a party, defend all suits brought against the state or the county, and prosecute actions upon forfeited recognizances and bonds and actions for the recovery of debts, fines, penalties, and forfeitures accruing to the state or the county; . . .” See also State v. Heaton, 21 Wash. 59, 56 P. 843 (1899); State v. Austin, 136 Wash. 499, 240 Pac. 676 (1925); State v. Schultz, 145 Wash. 644, 261 P. 385 (1927); State ex rel. Cooper v. Warnock, 16 Wn.(2d) 697 (March 2, 1943); State v. Twitchell, 61 Wn.2d 403, 378 P.2d 444 (1963); State v. Hull, 78 Wn.2d 984, 481 P.2d 902 (1971); State v. Cook, 84 Wn.2d 342, 525 P.2d 761 (August 1974); Hoppe v. King County, 95 Wn.2d 332, 622 P.2d 845 (1980) and Westerman v. Cary, 125 Wn.2d 277, 892 P.2d 1067 [No. 60383-9. En Banc. November 22, 1994.] And; It is undisputed pursuant to CR 8 (d) that the Attorney General and/or his Assistants only have authority to “assist” the local county prosecutor in “criminal cases” only pursuant to RCW 43.10.030 (4), supra. “RCW 43.10.030 General powers and duties. The attorney general shall: . . . (4) Consult with and advise the several prosecuting attorneys in matters relating to the duties of their office, and when the interests of the state require, he or she shall attend the trial of any person accused of a crime, and assist in the prosecution; . . .” And; RCW 43.10.060 reads “RCW 43.10.060 Appointment and authority of assistants. The attorney general may appoint necessary assistants, who shall hold office at his or her pleasure, and who shall have the power to perform any act which the attorney general is authorized by law to perform.” See also RCW 43.10.067 And; It is undisputed that Peter Kay, Assistant Attorney General has failed to qualify as a Kitsap County Prosecutor in violation of RCW 37.27.010, RCW 37.27.020, RCW 36.27.030, RCW 36.27.040, RCW 42.04.020, and due to some disability of the regular prosecuting authority and is in fact and law trespassing upon the “executive authority” to initiate executive process which by the Constitution Article II, section 5 is vested solely in the . . . “ELECTED COUNTY PROSECUTOR” . . . and therefore has NO authority to duly prosecute any Dependency Hearings in the Family Court and must dismiss pursuant to CR 12 (h)(3) for lack of jurisdiction. For more information, contact Tribal Court Lawyer Luis Ewing at: 1 - (360) 335-1322 or 1 - (253) 226-3741 or or or or go to luisewing
Posted on: Wed, 16 Oct 2013 11:06:21 +0000
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