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Connie LaRue

1045 Kitt-Narcisse Rd
Colville, Washington 99114
USPS Cert. Mail 70113500 00018625 5608

TO:

Commission on Judicial Conduct


210 11th Ave SW #400
Olympia, WA 98501

USPS Cert. Mail 70113500 000186255622

TO:

Office of Disciplinary Counsel


Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539

THE COMMISSION ON JUDICIAL CONDUCT

And THE OFFICE OF DISCIPLINARY COUNSEL

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION

OF ALLEN C. NIELSON, WSBA #10879, FOR CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL,

OBSTRUCTION OF JUSTICE

,AND VIOLATING HIS SWORN OATH OF ATIORNEY.

LaRue relies on the following relevant facts, statutes and court rulings from the Washington
state and Federal courts in making this complaint.
FACTS:

1.

ALLEN C. NIELSON (hereafter NIELSON) was duly elected to the position of STEVENS
COUNTY SUPERIOR COURT JUDGE, Position 1, for the terms of office beginning
January 1, 2009 and 2013.

2.

As both a "state officer" and "county officer ", NIELSON failed to "duly qualiW" by
swearing and subscribing an Oath of Office and neglecting to pay the required

I Superior Court Judges fill a dual role as both "state officers" and "county officers". The following cases define
superior court judges as occupying a dual position, and are both a "state officer" and a "county officer". State ex
rei Edelstein v. Foley, 107 P.2d 901, 6 Wash.2d 244; in re Salary of Superior Court Judges, 82 Wash. 623, (Wash.
1914); Neal v. Wallace, 15 Wash. App. 506, 550 P.2d 539 (1976)

2 Black's Law 6th Edition states: "Duly Qualified" - Being "duly qualified" to fill an office, in the constitutional sense
and in the ordinary acceptation of the words, means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before entering on duties of the office; and that he shall be bound by
oath or affirmation to support the Constitution, and to perform the duties of the office with fidelity. Black's Law

Dictionary 6th Edition.

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 1 of 12

FILING FEE for his Oath to be FILED with the SECRETARY OF STATE and the COUNTY
4
AUDITOR (RCW 36.18.010 ).

3.

NIELSON neither empowered the SECRETARY OF STATE or the STEVENS, FERRY, and
PEND ORIELLE COUNTY AUDITORS to record his Oath into the official public records
in full compliance with state law as the word "FILED" is defined in RCW 65.04.015(2),
(3) and (4).

4.

NIELSON's failure to comply with state law by December 31, 2008 and 2012 - to
BEFORE assuming the duties of the office of
SUPERIOR COURT JUDGE (RCW 36.16.040), has resulted in NIELSON's criminal
usurpation of that elective office.

"duly qualify" (RCW 42.20.030) -

"Ignorance of the law does not excuse

JJ

5.

and per election to the office of SUPERIOR


COURT JUDGE, NIELSON was charged with the duty of being aware of the requisite
FILING Fee; that all filing fees are mandatory and are to be paid in advance. See RCW
65.04.130; State v l\Jelson; State v. Conners, quoted under the Relevant Law Relied
Upon" herein below.

6.

No evidence exists on the official public record that NIELSON is anything but a
criminal usurper ofthe office of SUPERIOR COURT JUDGE.

7.

NIELSON swore an OATH OF ATTORNEY (see RCW 2.48.210) on file with the
WASHINGTON SUPREME COURT stating in relevant part:

"I am fully subject to the laws of the State of Washington and the laws of
the United States and will abide by the same. "I will support the
constitution of the State of Washington and the constitution of the United
States"; and "I will abide by the Rules of Professional Conduct approved by
the Supreme Court of the State of Washington. 6 "
J

JJ;

RCW 2.08.080 Oath of office. Every judge of a superior court shall, before entering upon the duties of his or her
office, take and subscribe an oath that he or she will support the Constitution of the United States and the
Constitution of the state of Washington, and will faithfully and impartially discharge the duties of judge to the best
of his or her ability, which oath shall be filed in the office of the secretary of state. Such oath or affirmation to be in
form substantially the same as prescribed for justices of the Supreme Court.
4 RCW 36.18.010 (3) All such other papers or writing as are required by law to be recorded and such as are
required by law to be filed.
5 MAXIM "What does not appear does not exist".
6 The Washington BAR Association and the SUPREME COURT will not provide a copy of I\lielson's Oath of Attorney
even though the Oath of Attorney is a statutory requirement (RCW 2.48.210) to hold office of a Superior Court
Judge and therefore a public record that must be accessible to the public.
3

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 2 of 12

8.

No evidence exists on the official public record that NIELSON is in full compliance
7
with state law .

9.

NIELSON has been knowingly, willfully and criminally impersonating a public officer
and usurping a public office in STEVENS COUNTY.

10.

LaRue filed an Application for Writ of Prohibition, Injunction and Show Cause Order
in the STEVENS COUNTY SUPERIOR COURT demanding that a duly-qualified
SUPERIOR COURT JUDGE hear LaRue's case.

11.

When LaRue submitted her Application for Writ of Prohibition, Injunction and Show
Cause Order in the STEVENS COUNTY SUPERIOR COURT along with an Application to
proceed without cost, she also submitted an Actual and Constructive Notice of
Disqualification of Judge for failure to "duly qualify" for office. See NIELSON Exhibit
Package.

12.

NIELSON's and PATRICK A. MONASMITH's SUPERIOR COURT ADMINISTRATOR,


EVELYN BELL, revealed that NIELSON (whom laRue had disqualified) was
"reviewing" LaRue's Application to Proceed without Costs (in forma pauperis status).

13.

LaRue states that her Application to proceed without costs was submitted to the
SUPERIOR COURT CLERK on June 2, 2015 and that it has been held hostage without
approval or denial for nearly eight weeks.

14.

BELL has since refused to speak with LaRue on the status of LaRue's application.

15.

BELL has "a legal or moral duty to speak [orJ when an inquiry left unanswered would

be intentionally misleadinl.

II

16.

NIELSON should never have been in possession of LaRue's Application because he


was disqualified.

17.

Nielson is holding hostage - a denial of justice - LaRue's Application for a Pre


emptory Writ of Prohibition, Injunction and Show Cause order by delaying or
obstructing a "ruling' on LaRue's Application to Proceed without Costs when BELL

7 RCW 42.20.030 (in relevant part) - Intrusion into and refusal to surrender public office. Every person who shall
falsely personate or represent any public officer, ... or who shall willfully exercise any of the functions or perform
any of the duties of such officer, without having duly qualified therefore, as required by law, ... shall be guilty of a
gross misdemeanor.
8 U.S. v. Prudden, 424 F.2d. 1021; U.S. v. Tweel, 550 F. 2d. 297, 299, 300 (1977) Silence can only be equated with
fraud when there is a legal and moral duty to speak or when an inqUiry left unanswered would be intentionally
misleading. We cannot condone this shocking conduct ... If that is the case we hope our message is clear. This sort
of deception will not be tolerated and if this is routine it should be corrected immediately.
9 MAXIM: "Justice Delayed is Justice Denied" - William E. Gladstone

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 3 of 12

should have located and assigned LaRue's case to a duly qualified SUPERIOR COURT
JUDGE.
18.

During NIELSON's "tenure" of the criminal usurpation of the office of STEVENS


COUNTY DISTRICT COURT JUDGE and impersonating a public official, NIELSON has
conducted thousands of illegal "prosecutions" by fraud and deception, passing off a
simulated legal process as legitimate legal process, resulting in the deprivations of
people's property through unauthorized fines and their lives through illegal
imprisonments.

19.

From LaRue's experiences during election campaigning (a candidate for STEVENS


COUNTY CORONER in the 2014 election cycle) laRue believes she has been targeted
for harassment through an illegal traffic stop. The stop resulted in a false arrest,
false imprisonment in the county jail and other such Illegal acts like extortion in the
second degree, by impersonators in public office operating a RICO enterprise in
STEVENS COUNTY, namely, GINA TVEIT WSBA #19607; LLOYD NICKEL WSBA #9065;
TIMOTHY RASMUSSEN WSBA #32105; JESSICA TAYLOR WSBA #36248; and
NICHOLAS FORCE WSBA #37659, and now ALLEN C. NIELSON WSBA #10879 for
obstructing (by delaying) LaRue's access to justice and her day in court, all for
exercising her right to travel to a safe and well-lighted area because STEVENS
COUNTY is renown for its recent rash of rapist cops.

20.

More than 50 days have passed and LaRue's efforts in STEVENS COUNTY SUPERIOR
COURT have been stifled (obstructing justice) by a non-qualified "judge" named
ALLEN C. NIELSON, who is holding up the process of approving LaRue's application to
proceed without costs (in forma pauperis status).

21.

Although LaRue has been unable to obtain justice in the STEVENS COUNTY DISTRICT
COURT because of the illegal actions of criminal usurpers to public office, TVEIT,
NICKEL, RASMUSSEN, TAYLOR and FORCE and STEVENS COUNTY SUPERIOR COURT
"JUDGE" ALLEN C. NIELSON, the WASHINGTON DEPARTMENT OF LICENSING has
continued to move forward by issuing a NOTICE OF SUSPENSION of LaRue's license,
(an unjustified extortion threat with the very real potential of punishment) that
could result in LaRue being stopped, assaulted, kidnapped and falsely imprisoned
again, in spite of the fact that LaRue has not had her day in court nor been found
guilty of anything.

22.

An honest audit of STEVENS COUNTY would expose that thousands of Citizens have
been deprived of their unalienable rights of life, liberty and property through illegal
fines and/or incarceration from NIELSON's actions in conspiracy with other STEVENS

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 4 of 12

10

COUNTY persons. This RIC0 Enterprise known as STEVENS COUNTY, has infected
this County with illegal assaults (and assaults with a deadly weapon), false arrests,
kidnapping, false imprisonment, extortion, deprivation of justice, denial of due
process and other crimes against the people.
23.

NIELSON has repeatedly violated his OATH OF ATTORNEY.

24.

Every action taken by NIELSON while impersonating a public officer is a criminal act
for which he has yet to be held accountable.

I declare that the foregoing facts are true and correct to the best of my knowledge,
understanding and belief.
Further I sayeth naught.
All Rights Reserved

Connie LaRue, Affiant

JURAT
Washington State
Stevens County

}
} ss.

dtfJLA

I,
/17 ;Jot)!
, a Washington Notary Public, do certify that Connie LaRue
appeared before me to swear under penalty of perjury that the foregoing is true.

10 The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO,
is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts
performed as part of an ongoing criminal organization.

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 5 of 12

RELEVANT LAW RELIED UPON IN SUPPORT OF THIS COMPLAINT:

"We have no officers in this government from the President down to the most
subordinate agent, who does not hold office under the law, with prescribed
duties and limited authority. And while some of these...exercise powers in some
sense left to the more genera/ definitions necessarily incident to fundamental/aw
found in the Constitution, the larger portion of them are the creation of
statutory law, with duties and powers prescribed and limited by law. [Pierce v.
JI

United States] THE FLOYD ACCEPTANCES, 74 US 666 at 676-677; (7 Wall. 666),


Supreme Court 1868, Washington Law Reporter, Vol. XLII Page 297.
Maxim of Law: "What does not appear does not exist."
Maxim of Law: Ignorantia juris non excusat: "Ignorance of the law does not
excuse."
Black's Law 6th Edition states: "Duly Qualified" - Being "duly qualified" to fill an

office, in the constitutional sense and in the ordinary acceptation of the words,
means that the officer shall possess every qualification; that he shall in all
respects comply with every requisite before entering on duties of the office; and
that he shall be bound by oath or affirmation to support the Constitution, and to
perform the duties of the office with fidelity. Black's Law Dictionary 6th Edition.
RCW 42.20.030 (in relevant part) - Intrusion into and refusal to surrender public
office. Every person who shall falsely personate or represent any public

officer, ... or who shall willfully exercise any of the functions or perform any of the
duties of such officer, without having duly gualified therefore, as required by
law, ... shall be guilty of a gross misdemeanor.
"The fact that the candidate is qualified at the time of his election is not
sufficient to entitle him to hold the office if, at the time of his commencement
to his term of office, or during the continuance of the term, he ceases to be
qualified. Eligibility to public office is of a continuing nature, and must subsist
at the commencement of the term, and during the occupancy of the office."
Washington Attorney General Opinion - AGO 63-64, no. 17.
The following cases define superior court judges as occupying a dual position,
and are both a "state officer" and a "county officer". State ex rei Edelstein v.
Foley, 107 P.2d 901, 6 Wash.2d 244; in re Salary of Superior Court Judges, 82

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 6 of 12

Wash. 623, (Wash. 1914); Neal v. Wallace, 15 Wash. App. 506, 550 P.2d 539
(1976)

LEGISLATIVE MANDATES TO DULY QUALIFY FOR PUBLIC OFFICE SUPPORTED BY WASHINGTON


COURT RULINGS

1.

RCW 2.48.210 Oath on admission requires an Oath of Attorney before authorization


to practice law in Washington stating: "Every person before being admitted to

practice law in this state shall take and subscribe the following oath".
2.

Right to hold public office is subject to qualifications imposed by legislature." State


ex reI. Carroll v. Simmons (1962) 61 Wash.2d 146,377 P.2d 421, cert, denied 83 S. Ct.
1698, 374 U.S. 808, 10 L. Ed.2d 1032

3.

"Use of word "shall" in statute imposes mandatory duty." Waste Management of


Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).

4.

RCW 36.16.040 Oath of office. "Every person elected to county office shall before he

or she enters upon the duties of his or her office take and subscribe an oath or
affirmation that he or she will faithfully and impartially discharge the duties of his or
her office to the best of his or her ability."
S.

RCW 36.16.060 Place of filing oaths and bonds. "Every county officer, before
entering upon the duties of his or her office, shall file his or her oath of office in the
office of the county auditor and his or her official bond in the office of the county
clerk... Oaths and bonds of deputies shall be filed in the offices in which the oaths
and bonds of their principals are required to be filed."

6.

RCW 65.04.030 Instruments to be recorded or filed.

The auditor or recording officer must upon the payment of the fees as required in
RCW 36.18.010...
(3) All such other papers or writing as are required by law to be recorded and such
as are required bv law to be filed.

7.

RCW 65.04.130 Fees to be paid or tendered.

Said county auditor is not bound to record any instrument, or file any paper or
notice, or furnish any copies, or to render any service connected with his or her office,
until his or her fees for the same, as prescribed by law, are if demanded paid or
tendered.

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

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"Provision requiring payment of fees in advance is mandatory." State v.


Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

"When papers are received by officer for filing, filing will not become
effective until necessary fees have been paid." State v. Conners (1942) 12
Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d
1113.

"Statutes relating to compensation of public officer must be strictly construed


in favor of government, and such officers are entitled only to what is clearly
given by law." Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,
675 P.2d 732.

"Day on which oath of office is signed and filed by judge of superior court ~
day on which he assumes office for purposes of pension benefits. and day of
Governors announcement of proposed appointment is immaterial." Jordan v.
O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.

8.

RCW 65.08.150 Duty to Record: A recording officer, upon payment or tender to him
or her of the lawful fees therefor, shaJl record in his or her office any instrument
authorized or permitted to be so recorded by the laws of this state or by the laws of
the United States.

9.

((When legislative body provides definitions for statutory terms, it is that


definition to which the person must conform his conduct." City of Seattle v.
Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).

"'Where an act uses the word in a special sense which it defines, definition
by average man or by ordinary dictionary is not substitute for the
definitions contained in the act." National Homeopathic Hospital Ass'n of
District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.

10.

Legislative Definitions (summation) of "FILE", "FILED", or "FILING" and "RECORD",


JI

"RECORDED" or "RECORDING
RCW 65.04.015(2) FILED for "recording into the official public record"
RCW 65.04.015 (3) RECORD "after filing to incorporate the instrument into the public
records"
RCW 65.04.015 (4) "RECORDING NUMBER" Assignment of an "auditor or recording
officer file number""that identifies the storage location" "of each instrument in the
public records" "accessible in the same recording office where the instrument
containing the reference to the location is found."
11.

RCW 5.44.040 Certified copies of public records as evidence.

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

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Copies of all records and documents on record or on file in the offices of the various
departments of the United States and of this state or any other state or territory of
the United States, when duly certified by the respective officers having by law the
custody thereof, under their respective seals where such officers have official seals,
shall be admitted in evidence in the courts of this state. [NOTE: If the fees for filing
and/or recording are not paid in advance, an oath of office cannot be made a part of
the official public record.]
12.

RCW 42.20.100 Failure of duty by public officer a misdemeanor. Whenever any


duty is enjoined by law upon any public officer or other person holding any public
trust or employment, their wilful neglect to perform such duty, except where
otherwise specially provided for, shall be a misdemeanor.

13.

RCW 9A.80.010 Official Misconduct, (l)(a) ... intentionally commits an unauthorized


act under color of law (b) ... intentionallv refrains from performing a duty imposed
upon him or her by law. (2) Official misconduct is a gross misdemeanor, defined at
RCW 9.92.020.

14.

RCW 42.12.010 Causes of vacancy, Every elective office shall become vacant on the

happening of any of the following events:


(5) '" any offense involving a violation of his or her official oath:
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew
his or her official bond, or to deposit such oath or bond within the time prescribed by
law.
15.

16.

RCW 42.20.030 -Intrusion into and refusal to surrender public office.


Every person who shall falsely personate or represent any public officer, or who shall
willfully intrude himself into a public office to which he has not been duly elected or
appointed, or who shall willfully exercise any of the functions or perform any of the
duties, without having duly qualified as required by law, ..., shall be guilty of a gross
misdemeanor.
RCW 9A.56.130 Extortion in the second degree.

(1) A person is guilty of extortion in the second degree if he commits extortion by


means of threat as defined in RCW 9A.04.110(28)(d) through OJ.
(2) Extortion in the second degree is a class C felony.
RCW 9A.04.110 - Definitions.

(28) "Threat" means to communicate directly or indirectly the intent:


(h) To take wrongful action as an official against anyone or anything, or
wrongfully withhold official action, or cause such action or withholding;

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

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The Washington Legislature enacted two laws, one which was enacted in 1866 and another that
was enacted in 1909, both of which are still on the books and are now recodified as RCW
42.12.010 and 42.20.030.
RCW 42.12.010 originally enacted in 1866 and to date, remains almost unchanged, allows no
grace period under subsection (6) for any refusal or neglect [to duly qualify] within the time
prescribed by law.
RCW 42.20.030 was originally enacted in 1909 and has never been changed and contains four
different offenses that constitute the act of intrusion into public office and one for refusal to
surrender public office.
Three of these offenses require certain acts to be performed "willfully" in order to be a crime,
but two 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 himself into a public office to which he
has not been duly elected or appointed, or ... " Willfulness is established by knowledge (RCW
9A.08.010) and "duly" 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 shall willfully exercise any of the functions or perform any of

the duties of such officer, without having duly qualified therefof, as required by law; or... "
"Being duly qualified to fill an office, in the constitutional sense and in the ordinary acceptation
of the words, means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before enterinq on the duties of the office; and that
he shall be bound by oath or affirmation to support the Constitution, and to perform the duties
of the office with fidelity. " Black's Law Dictionary 6th Ed.
The fourth element states, "Who, having been an executive or administrative officer, shall
willfully exercise any of the functions of his office after his right to do so has ceased, or ..."
The fifth element states, "wrongfully refuse to surrender the official seal or any books or papers

appertaining to such office, upon the demand of his lawful successor shall be guilty of a gross
misdemeanor." See RCW 9A.60.040 Impersonating a Public Officer and RCW Chapter 7.56 Quo
Warranto.
RCW 9a.60.040 Criminal impersonation in the first degree.
(1) A person is guilty of criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her assumed character
with intent to defraud another or for any other unlawful purpose; or

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 10 of 12

(b) Pretends to be a representative of some person or organization or a public


servant and does an act in his or her pretended capacity with intent to defraud
another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a class C felony.

CONCLUSIONS RELIED UPON FOR THIS CRIMINAL COMPLAINT:


First, if the fees for filing are not paid in advance, an oath of office cannot be made a part of the
official public record. see RCW 5.44.040.
Second, if the official oath is not made part of the official public record, it grants no lawful
authority.
Third, if the oath is not filed as defined in RCW 65.04.040, it is not part of the official public
record.

RCW 65.04.040 Method for recording instruments - Marginal notations


Arrangement of records.
Any state, county, or municipal officer charged with the duty of recording
instruments in public records shall record them by *record location number in
the order filed, irrespective of the type of instrument, using a process that has
been tested and approved for the intended purpose by the state archivist.
In addition the county auditor or recording officer, in the exercise of the duty of
recording instruments in public records, may, in lieu of transcription, record all
instruments, that he or she is charged by law to record, by any electronic data
transfer, photographic, photostatic, microfilm, microcard, miniature
photographic or other process that actually reproduces or forms a durable
medium for so reproducing the original, and which has been tested and
approved for the intended purpose by the state archivist. If the county auditor
or recording officer records any instrument by a process approved by the state
archivist it shall not be necessary thereafter to make any notations or marginal
notes, which are otherwise required by law, thereon if, in lieu of making said
notations thereon, the auditor or recording officer immediately makes a note of
such in the general index in the column headed "remarks," listing the record
number location of the instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any
means authorized under this section for the original recording of instruments.
The county auditor or recording officer may provide for the use of the public,
media containing reproductions of instruments and other materials that have
been recorded pursuant to the provisions of this section. The contents of the
media may be arranged according to date of filing, irrespective of type of
instrument, or in such other manner as the county auditor or recording officer
deems proper.

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 11 of 12

Fourth, if 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
for salaries or benefits [or for any other purpose] relating to a public office.
Fifth, as shown by the case law already supplied to you, all filing fees are mandatory and are to
be paid in advance and your [STATE AUDITOR] examiners are supposed to know that an oath of
office. an appointment to a public office. and an official bond are required by law to be filed
and/or recorded into and made part of the official public record. requiring a paid receipt for
those transactions. AUDITORs know that there can be no lawful occupation of the intended
office by a person impersonating a public official or usurping a public office.
Sixth, there are several sections in RCW 43.09 that would cover your [STATE AUDITOR's]
department responsibility to verify that the bonds, appointments and oaths were filed, as
required by law, such as RCW 43.09.200, 43.09.210, 43.09.230, and 43.09.245 but, under
43.09.260 your department has specific information as to what is required pursuant to
subsection (5). RCW 43.09.260(5) (fOn every such examination. inquiry shall be made as to the

financial condition and resources of the local government; whether the Constitution and laws
of the state, the ordinances and orders of the local government and the requirements of the
state auditor have been properly complied with. and into the methods and accuracy of the
accounts and reports.
1/

IN CLOSING

For the foregoing reasons supported by facts, relevant law, statutes, and Washington court
rulings, ALLEN C. NIELSON WSBA #10879, should be disbarred and referred by this body of
examiners and mandatory reporters for criminal prosecution before the appropriate authorities,
state or federal.
It is my firmly held conviction that the laws and legislative mandates relied upon herein are
relevant to support the conclusions that LaRue's unalienable rights were violated. ALLEN C.
NIELSON's CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL, OBSTRUCTION OF JUSTICE AND
VIOLATING HIS SWORN OATH OF ATTORNEY warrant this COMPLAINT FOR DISBARMENT AND
REFERRAL FOR PROSECUTION.
All Rights Reserved

Connie LaRue

COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION - ALLEN C. NIELSON

Page 12 of 12

INDEX OF EXHIBITS
EXHIBIT 1a: SECRETARY OF STATE CERTIFICATE
1b: NIELSONs Amended Oath of Office (no fee paid)
1c: NIELSONs Oath of Office (no fee paid)
EXHIBIT 2: Notice of Infraction from STEVENS COUNTY RICO ENTERPRISE.
EXHIBIT 3: LaRues Notice of Intent to Apply to the Washington Supreme Court for a
Preemptory Writ of Prohibition, Injunction and Show Cause Order RCW 7.16.300 and
7.16.310.
EXHIBIT 4: Jimmy Clarks Declaration in Support of (his) Petition for a Writ of
Prohibition.
EXHIBIT 5: Jimmy Clarks Notice of Disqualification for Lack of Lawful Authority
EXHIBIT 6: LaRues JUDICIAL NOTICE AND DEMAND FOR AFFIDAVIT OF
QUALIFICATION - CLERK'S ACTION REQUIRED.
EXHIBIT 7: ACTUAL AND CONSTRUCTIVE NOTICE OF DISQUALIFICATION OF
JUDGE FOR FAILURE TO "DULY QUALIFY" FOR OFFICE.
EXHIBIT 8: AFFIDAVIT OF Connie LaRue SUPERIOR COURT OBSTRUCTING
JUSTICE WHILE DEPARTMENT OF LICENSING SERVES NOTICE OF
SUSPENSION
EXHIBIT 9: FIRST NOTICE OF FAILURE OF DUTY TO ASSIGN A DULYQUALIFIED JUDGE ACTION REQUIRED
EXHIBIT 10: STEVENS COUNTY COURTS derive their revenue from civil and criminal
case fines and penalties.
EXHIBIT 11: SUPERIOR COURT ADMINISTRATOR REFUSES TO TALK
(Transcript)
NOTICE
There is no evidence that any of the below-named impersonators of public officials and
criminal usurpers of public offices are compliant with state law. None have an oath of office or
appointment properly filed and incorporated into the official public records. This blatant
disregard for Washington State Law has deprived LaRue of her right to Justice through Due
Process of Law at minimum.
TIMOTHY RASMUSSEN
JESSICA TAYLOR
SAUNDRA RICHARTZ
NICHOLAS FORCE
KENDLE ALLEN
TROY ANDERSON

JOHNATHAN BOWERS
GINA A. TVEIT
LLOYD B. NIELSON
ALLEN C. NIELSON
PATRICK A. MONASMITH

EXHIBIT 1a

iim of tfje H>ecretan> of H>tate


J3>am J\eeb, Secretary of l>tate

Certificate
1, Benjamin Helie, in accordance with the provisions of Chapter 40.14, Revised Code of
Washington, certify that I have compared the attached copy, or specific part thereof, listed below,
with the records in our custody, and that the same, or each of the same, is a true and correct copy of
the Record in the Official Custody of the State Archivist of the State of Washington.

FROM THE RECORDS OF:


Secretary of State Oaths of Office
Judge Allen C. Nielson (Ferry/Pend Preille/ Stevens),
7 Jan 2009 and 16 March 2009
(2 pases)

3Jll CeSttmtmp ^hereof, I have hereunto set my hand


and affixed hereto the Seal of the Office of the State Archivist
of the State of Washington.

As a state and county officer, this "Oath of Office" does not comply
with state law as defined in RCW 65.04.015(2), (3) and (4). There is
no Auditor File #, No evidence of required Fee Paid, etc. No evidence
it was timely taken. This "oath" is just a worthless piece of paper.

EXHIBIT 1b

Amended Oath of Office


STATE OF WASHINGTON
County of Ferry
County of Pend Oreille
County of Stevens

)
) ss
)
)
)

FILED

Does not meet


the statutory
definition of
"FILED".

MAR 18 2009
SECRETARY OF STATE
STATE OF WASHINGTON

I, Allen C. Nielson, do solemnly swear (or affirm) that I will support


the Constitution of the United States and the Constitution of the State of
Washington, and that I will faithfully and impartially perform and discharge
the duties of the office of SUPERIOR COURT JUDGE, Position 2, to the
best of my ability.

SUBSCRIBED AND SWORN to before me this ,#U/jday of


"tfAjfJi^
, 2009.

Pamela F. Payne
District Court Judge

As a state and county officer, this "Oath of Office" does not comply
with state law as defined in RCW 65.04.015(2), (3) and (4). There is
no Auditor File #, No evidence of required Fee Paid, etc. No evidence
it was timely taken. This "oath" is just a worthless piece of paper.

EXHIBIT 1c

Oath of Office
STATE OF WASHINGTON

FILED

County of Ferry
County of Pend Oreille
CountyofStevens

)
)
)

JAN 1 2 2009

Does not meet


the statutory
definition of
"FILED".

I, Allen C. Nielson, do solemnly swear (or affirm) that I will support


the Constitution and Laws of the United States and the Constitution and
Laws of the State of Washington, and that I will faithfully and impartially
perform and discharge the duties of the office of SUPERIOR COURT
JUDGE, Position 2, according to the law to the best of my ability.

District Court Judge

IEXH 15 \"\ 2

STEVENS COUNTY DISTRICT COURT


215 S OAK ROOM 213
COLVILLE, WA 99114
BUSN: 509-684-5249

FAX: 509-684-7571

COpy

ORIGINAL F

ILED

MAY 052015

D/STR
STeVEN ICr COURT
S COUN~ WA
TTY: 800-833-6388

NOTIFICATION OF INFRACTION

E EIV

Date Mailed: 4/24/2015


Name/Address

Connie LaRue
1045 Kitt Narcisse Rd
Colville, WA 99114

Case No.: P7944

-------

Amount Due: $1,062.00


Date Due: 5/9/2015

-------

S fEVE S CUUNT'r'
r-HO ECUTI~\lG ATTORNEY

A notice of traffic infraction has been issued to you by a law enforcement officer and filed with this
court
To respond you must check one of the boxes below, sign your name, and return this form to the court
by 5/9/2015
1.

, choose to pay the penalty and have enclosed full payment in the amount of

2.

I request a hearing to explain the circumstances. If you agree that you committed the
infraction but would like to explain the circumstances, the court will notify you. in writing, of
the hearing date. You may not require witnesses to appear at the hearing, but they may attend
voluntarily.

3.

I request a hearing to contest this infraction. If you believe you did not commit the infraction,
you may request a hearing At the hearing, the state/city must prove by a preponderance of the
evidence (more likely than not) that you committed the infraction. You may require witnesses,
including the officer who issued the notice, to appear at this hearing. The court will notify you,
in writing, of the )learing date and how to request that ~itnesses be present.
\. r

4c. '6a -h. No~\U.- bt ~n\e)\.\ -\-17 ff~ ~

fk

Wa.s.\..\..~i-/SYl -S~iUi'\.e

$ 1,062.00

c.ol..L:ll\

.a

If you do not respond by 5/9/2015


. the court m\Jst add an additional penalty of '$52.00 to the original
bail. In addition, your driving priviledge may be suspended until you have paid all the penalties required ~
by law.

~-<~+c>~t.0v~ ()~ \=Yo ~ {,-h0"V\. '-7.ft.1."\.J.~ at.~ ~~w ~~


1- ,Ie, .~<t>6 6\v-A.. 1. \ 'b. "310

.
D--<ae..:.r
All traffic infractions must

e reported to the Department of Licensing if you are found to have committed the

infraction.
enclose payment in full (if Box #1 is checked), or promise to appear (if Box #2 or #3 is checked).
Defendants signature:
Address (if different from above):

-------------------------

Phone number:

CourtC'erk~m, ~

EXHIBIT 3
COpy
2

ORIGINAL FILED

MAY 04 2015

RECEIVED
t~AY

DISTRICT COURT
STEVENS COUNTY, WA

0 4 2Q~5

STEVENS COUNTY
PROSECUTING ATIORNEY

The State of Washington

Stevens County

District Court

10

The State of Washington

11

Case No. P7944

Plaintiff,

12

v.

13

Connie LaRue,

14

Defendant in error.

Notice of Intent to Apply to the


Washington Supreme Court for a
Preemptory Writ of Prohibition,
Injunction and Show Cause Order
RCW 7.16.300 and 7.16.310

15

16

This is Constructive Notice and a Direct Attack on the Total Want of Jurisdiction and the Lac
17

18

19

of Lawful Authority of the Criminal Usurpers Believed to be Illegally Representing Steven


County.

20

21

Defendant in error, Connie LaRue, of Stevens County Washington, reserves all her right
22

23

and waives none. LaRue herein proceeds in good faith, and with honesty of intent gives Notic

24

of Intent to apply to the Supreme Court of the State of Washington as a matter of reat

ubli

25

interest for a Pre-emptory Writ of Prohibition, Injunction and Order to Show Cause agains
26

27

28

Kendle Allen, Troy Anderson, John Bowers, Gina Tveit, Lloyd Nickel, Timothy Rasmussen, Jessica
Taylor, Saundra Richartz, and John and Jane Does 1-500, commanding these and all others t

Notice of Intent to Apply to the Washington Supreme COllI1 for a Preemptory


Writ Of Prohibition, Injunction and Show Cause Order - RCW 7.16.300 and
7.16.310.

Connie LaRue
1045 Kilt Narcisse Rd.
Colville. WashinglOn99114

Page I of 5

(509) 684-2627

show cause or otherwise provide such convincing proof to LaRue as is necessary to persuad
2

her that each public person named herein is fully compliant with all Washington State Laws and

4
5

has thus "duly qualified}} to occupy and perform the duties of the public offices in Steven
County.
Absent LaRue's verified receipt of certified documents containing such convincing proo

of the existence of lawful authority (jurisdiction) and that each public person identified herein i
8
9
10

"duly qualified}} to hold and perform the duties of such office, each is required to desist and
refrain from any further proceedings in the action specified herein until further order of th

11

Washington Supreme Court,


12

13
14

[State ex reI. Pacific Bridge Co. v. Washington Toll Bridge Authority (1941) 8
Wash.2d 337, 112 P.2d 135, "Only in cases involving interests of state at large, or
of public, or when it is necessary to afford adequate remedy will supreme court
assume original jurisdiction in mandamus."]

15

16
17

As a matter of great public interest, in all cases where there is a total want of jurisdiction
and lack of lawful authority and there is not a plain, speedy and adequate remedy in th

18

ordinary course of law, the Court should issue an Order to Show Cause before such court} at th
19

20

specified time and place set by such court, why the parties named herein} should not b

21

absolutely restrained from any further proceedings in Case No. P7944.

22
23
24

25
26
27
28

'70tal and inarguable absence of jurisdiction cannot be adequately remedied by


appeal." Barnes v. Thomas (1981) 96 Wash.2d 316, 635 P.2d 135.
"Where facts are admitted and court is proceeding with cause without
jurisdiction} remedy by appeal is inadequate and prohibition lies." State ex rei.
Barks v. Superior Court (1927) 144 Wash. 44, 257 P. 837.

"Remedy by appeal in criminal case is inadequate} for purposes of considering


availability of writ of prohibition} when appellate court would} on appeal after
trial} be compelled to reverse judgment and dismiss charges if case were to
Notice of Intent to Apply to the Washington Supreme Court for a Preemptory
Writ Of Prohibition, Injunction and Show Cause Order - RCW 7.16.300 and
7.16.310.
Page 2 of 5

Connie LaRue
1045 Kitt Narcisse Rd.
Colville, Washington 99114
(509) 684-2627

proceed without interlocutory intervention." State v. Harris (1970) 2 Wash. App.


2

272,469 P.2d 937, writ denied 78 Wash.2d 894,480 P.2d 484, reversed 92 S. Ct.
183,404 U.S. 55, 30 L. Ed.2d 212.

For those public persons who are attorneys, namely Rasmussen, Taylor and

Richartz, their Oaths of Attorney state, in part: "/ am fully subject to the laws of the State

of Washington and the lows of the United States and will abide by the same;"

For the remaining public persons, their non-qualified Oaths of Office state, in part: /1/ ...
8

do solemnly swear (or affirm) that / will support the Constitution of the United States and the
9

Constitution and laws of the State of Washington".


10
II

12

/lNo state legislator or executive or judicial officer can war against the
Constitution without violating his undertaking to support it." Cooper v. Aaron,
358 U.S. 1 (1958).

13
14
15

16

"We have no more right to decline the exercise of jurisdiction which is given, than
to usurp that which is not given. The one or the other would be treason to the
constitution. " U.S. v Will, 449 U.S. 200,216, 101 S Ct, 471, 66 L.Ed 2d 392, 406
(1980) quoting Cohens v Virginia, 19 US (6 Wheat) 264,404, 5 L.Ed 257 (1821).

21

"We have no officers in this qovernment from the President down to the most
subordinote agent, who does (sic) not hold office under the law, with prescribed
duties and limited authority. And while some of these, as the President,
legislature and the Judiciary, exercise powers in some sense left to the more
generol definitions necessarily incident to fundamental law found in the
Constitution, the larqer portion of them are the creation of statutory law, with
duties and powers prescribed and limited by law." THE FLOYD ACCEPTANCES, 74

22

US 666 at 676-677; (7 Wall. 666), Supreme Court 1868, Washington Law


Reporter, Vol. XLII Page 297. [Bold and Underlined emphasis added]

17
18
19

20

23

24

25
26
27

28

BLACK'S LAW, 6

th

Edition:

"Duly Qualified" "Being "duly qualified" to fill an office, in the constitutional

sense and in the ordinary acceptation of the words, means that the officer shall
possess every qualification; that he shall in all respects comply with every
requisite before entering on the duties of the office; and that he shall be bound
by oath or affirmation to support the Constitution, and to perform the duties of

Notice of Intent to Apply to the Washington Supreme Coun for a Preemptory


Writ Of Prohibition, Injunction and Show Cause Order - RCW 7.16.300 and
7.16.310.
Page 3 of5

Connie LaRue
1045 Kill Narcisse Rd.
Colville, Washinglon 99114
(509) 684-2627

the office with fidelity.// Black's Law 6th Edition. [Bold and Underlined emphasis
added]

2
3

RCW 42.20.030:

Every person who shall falsely personate or represent any public officer, or who
shall willfully intrude himself or herself into a public office to which he or she has
not been duly elected or appointed, or who shall willfully exercise any of the
functions or perform any of the duties of such officer, without havinq duly
qualified therefor, as required by law, or who, having been an executive or
administrative officer, shall willfully exercise any of the functions of his or her
office after his or her right to do so has ceased, or wrongfully refuse to surrender
the official seal or any books or papers appertaining to such office, upon the
demand of his or her lawful successor, shall be quilty of a qross misdemeanor.

5
6
7

9
10

[Bold and Underlined emphasis added]

II

"No man in this country is so high that he is above the law. No officer of the law
may set that law at defiance with impunity. All the officers of the government,
from the highest to the lowest, are creatures of the law, and are bound to obey
it. It is the only supreme power in our system of government and every man who
by accepting office participates in its functions is only the more strongly bound to
submit to that supremacy, and to observe the limitations which it imposes upon
the exercise of the authority which it gives.// U. S. v. Lee, 106 U. S. 196.

12

13
14
IS

16
17
18

Dated this

~ day of __\-A.L....\'..:Id.-"1U..---

-',

2015.

19

All Rights Reserved without prejudice

20
21

22

Connie LaRue

23
24

25
26
27

28

Notice of Intent to Apply to the Washington Supreme Court for a Preemptory


Writ Of Prohibition, Injunction and Show Cause Order - RCW 7.16.300 and
7.16.310.

Page 4 of 5

Connie LaRue
1045 Kilt Narcisse Rd.
Colville, Washington 99114
(509) 684-2627

L
Certificate of Service
2

1,!iJt.:."~C, IlL;, "Ldid personally deliver a true and correct copy olthe above:
Notice of Intent to Apply to the Washington Supreme Court for a Preemptory Writ of
Prohibition, Injunction and Show Cause Order - RCW 7.16.300 and 7.16.310,

to:

Jessica Taylor

Deputy Prosecutor

215 South Oak Street

Colville, WA 99114

10

On th is

J!....- day of +JhL.......L.=0-==r7-----" 2015. C1L

J I

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Notice of Intent to Apply to the Washington Supreme Court for a Preemptory


Writ Of Prohibition, Injunction and Show Cause Order - RCW 7.16.300 and
7.16.310.
Page 5 of 5

Connie LaRue
1045 Kilt Narcisse Rd.
Colville. Washington 991 14

(509) 684-2627

EXHIBIT 4
Table of Contents
Page received by
Evelyn Bell
Superior Court
Stevens 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 Support


2. Declaration in Support of Petition (with supporting attachments)
3.
4.
5.
6.

Order to Show Cause


Judicial Notice in Support
Motion Requiring Respondent(s) Attorney to Produce Authority to Appear
Declaration in Support of Motion Requiring Respondent(s) Attorney to Produce
Authority to Appear
7. Notice of Disqualification

EXHIBIT 4

Superior Court

Stevens County

The State of Washington

Jimmy Ellis, Clark, Petitioner

No.
Declaration in Support of

v.

Petition for a Writ of Prohibition

Susan Harnash, Tim Gray, Steve Parker,


Wes McCart and Don Dashiell, Respondents

I Jimmy Ellis, Clark, a living flesh and blood man above the age of eighteen and with first
hand knowledge of the information contained herein, do declare.

1. That I, Jimmy Ellis, Clark, here after Petitioner has repeatedly given verbal and written
notice to usurpers illegally occupying elective and appointive offices within the STEVENS
COUNTY government, including but not limited to, usurpers within the offices of
superior and district courts, prosecutor, sheriff, auditor, and county commissioners.

2. I was also present on April 8, 2014 when Mr. Ernie Hoche presented the usurpers
occupying the offices of STEVENS COUNTY commissioners with RCW's, case law and
copies of their invalid oaths of office, along with almost every other elective office in
STEVENS COUNTY. See attached copy of declaration of Ernie Hoche.

Page 1 of 3

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

4. Since 2006, usurper Kendal Allen has been occupying the office of STEVENS COUNTY
sheriff and has been repeatedly informed that the persons appointed by him to offices
as deputies} failed to duly qualify and several have been illegally usurping those offices
as far back as the 1990's.
5. Mr. Rasmussen has been repeatedly given written notice of felony crimes by criminal
usurper Lloyd Nickel, which includes, but is not limited to, perjury, filing false
instruments, extortion and criminal impersonation of a deputy prosecutor, in his own
office since 1990.

6. Since April 8, 2014 the usurpers occupying the offices of STEVENS COUNTY
commissioners, auditor and treasurer} along with other departments in STEVENS
COUNTY government} conspired to file false instruments (RCW 40.16.030) in the form of
salary 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 42.20.090
Misappropriation, 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 guilty
of any other malfeasance or willful neglect of duty in his or her office, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more
than five years or by a fine of not more than five thousand dollars.

ReWA 40.16.030
"In this section making it a crime to knowingly file any false or forged instrument in a public
office, the term "instrument" encompasses a document which is required or permitted by
statute or valid regulation to be filed, registered, or recorded in a public office if the claimed
falsity relates to material fact represented in the instrument and the infonnation contained in
the 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 document
materially effects significant rightd or duties of third persons, when such effect is reasonably
Page 2 of 3

contemplated by the express or implied intent of the statute or valid regulation which requires
the filing, registration, or recording of 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 that
he is not legally competent to determine if a document filed in his office requires a file
stamp. 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 Examiner
Newspaper that he does not record oaths of office into the public record. (RCW 65.04)
(See attached).
9. Being that there are no duly qualified superior court judges, nor prosecutor, holding
office within STEVENS COUNTY, then there is not a plain, speedy or adequate remedy in
the ordinary course of law.
This declaration is just a short statement of the ongoing and long continuing criminal
conspiracy to cover-up the incompetence and corruption by these usurpers. Therefore,
this Petitioner makes a standing offer to produce admissible evidence that supports
calling 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 that

the foregoing is true and correct to best of my knowledge and belief, so help me God.

Dated )

~3 - 1~

~Y>"'Lo!! t~,~~-J)
J' my Ellis,

ci$k

2567 Bodie Mountain Road


Colville, Washington 99114
e-mail: jimmyandtoni@yahoo.com
PH: 509-675-4021 or 509-675-5988

Page 3 of 3

EXHIBIT 5
Table of Contents
Page received by
Evelyn Bell

Superior Court
Stevens 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 Support


2. Declaration in Support of Petition (with supporting attachments)
3.
4.
5.
6.

Order to Show Cause


Judicial Notice in Support
Motion Requiring Respondent(s) Attorney to Produce Authority to Appear
Declaration in Support of Motion Requiring Respondent(s) Attorney to Produce
Authority to Appear
7. Notice of Disqualification

Superior Court

Stevens County

The State of Washington

Jimmy Ellis, Clark, Respondent

v.
Susan Harnash, Tim Gray)

No.
Notice of Disqualification for
Lack of Lawful Authority

Steve Parker, Wes McCart


And Don Dashiell, Respondents

1. Pat Monasmith and Allen Nielson, persons illegally occupying the offices of STEVENS
COUNTY SUPERIOR COURT judges failed to qualify as required by law for said offices.
2. Pat Monasmith, before his illegal occupying of said office, did knowingly commit
numerous crimes, including felonies, such as filing false documents, mail fraud and
extortion.
3. Allen Nielson, while illegally occupying said office did file false documents and commit
extortion and more.
4. Their failure to qualify according to law for the offices they illegally occupy, denies them
authority of law to hear or rule in any judicial proceeding in any court, and this failure to
duly qualify removes any so-called immunity they could have claimed.

This notice is submitted with standing offer to prove!

EXHIBIT 6
2

RECEIVED

COPY

ORIGINAL FILED

JUN

2 2015

iu~;~.l

0')

"-

?r:"~

_'J .J

STEVENS COUN1Y
PROSECUTING ATIORNEY

SUPERiCJP. COURT
STEVE'S UJUNTi, INP..

6
7

In the Superior Court of the State of Washington


8
9

To the District Court of Stevens County


10
)1

Case No.

Connie LaRue,

-----

12

Petitioner,
13

v.
14

JUDICIAL NOTICE

KENDLE ALLEN, JOHN BOWER,


15

16

TROY ANDERSON, GINA TVEIT,


LLOYD NICKEL, TIMOTHY RASMUSSEN,
JESSICA TAYLOR, and SAUNDRA RICHARTZ,

17

18

19

20

Respondents.

ASSIGNMENT OF JUDGE AND


DEMAND FOR AFFIDAVIT OF
QUALIFICATION - CLERK'S
AC-TION RFOIJlRFn

In Reference to:
STEVENS COUNTY DISTRICT COURT
Case No. P7944

21

[Bold and Underlined emphasis added unless otherwise noted.]


22
23

Any judge assigned to hear this case must first provide proof that he/she is duly qualified to
hold office as a Superior Court judge.

24
25

26
27

28

"The fact that the condidate is qualified at the time of his election is not sufficient
to entitle him to hold the office, if, at the time of his commencement to his term
of office, or during the continuance of the term, he ceases to be qualified.
Eligibility to public office is of a continuing nature, and must subsist at the
commencement of the term, and during the occupancy of the office."
Washington's Attorney General Opinion - AGO 63-64, no. 17.

Judicial Notice - Assignment of Judge and Demand for Affidavit of QualiJication

Connie LaRue
1045 Kin Narcisse Rd.

"Duly Qualified" - Being "duly qualified" to fill an office, in the constitutional


sense and in the ordinary acceptation of the words, means that the officer shall
possess every qualification; that he shall in all respects comply with every
requisite before entering on duties of the office; and that he shall be bound by
oath or affirmation to support the Constitution, and to perform the duties of the
office with fidelity. Black's Law Dictionary 6th Edition.

"We have no officers in this government from the President down to the most

subordinate agent! who does not hold office under the law, with prescribed

duties and limited authority. And while some of these, as the President,

legislature and the Judiciary! exercise powers in some sense left to the more

general definitions necessarily incident to fundamental law found in the

Constitution! the larqer portion of them are the creation of statutory law, with

duties and powers prescribed and limited by law." [Pierce v. United States] THE

10

FLOYD ACCEPTANCES, 74 US 666 at 676-677; (7 Wall. 666), Supreme Court 1868,

Washington Law Reporter, Vol. XLII Page 297.

J2
13

Supreme Court holdings and Legislative Mandates to "duly qualify!!; In Relevant Part:
1.

Right to hold public office is subject to qualifications imposed by legislature." Stat

ex rei. Carroll v. Simmons (1962) 61 Wash.2d 146, 377 P.2d 421, cert, denied 83 S.

Ct. 1698,374 U.S. 808, 10 L. Ed.2d 1032

2.

"Use of word "shall" in statute imposes mandatory duty_" Waste Management

14

15

16

Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,

reconsideration denied (1994).

17

18

3.

RCW 36.16.040 Oath of office. "Every person elected to county office shall before h
or she enters upon the duties of his or her office take and subscribe an oath 0
affirmation that he or she will faithfully and impartially discharge the duties of his 0
her office to the best of his or her ability."

4.

Superior Court judges occupy a dual position. They are both a "state officer!! and a

"county officer!!. State ex reI Edelstein v. Foley, 107 P.2d 901, 6 Wash.2d 244; in r

Salary of Superior Court Judges, 82 Wash. 623, (Wash. 1914); Neal v. Wallace, 1

Wash. App. 506, 550 P.2d 539 (1976). Therefore, Superior Court judges are required

to meet the qualification for office as a "county officer!! for the counties their offic

serves as well as the qualifications of a "state officerl/.

5.

RCW 36.16.060 Place of filing oaths and bonds. "Every county officer, be or
entering upon the duties of his or her office, shall file his or her oath of office in th
Office of the county auditor and his or her official bond in the office of the count
clerk... Oaths and bonds of deputies shall be filed in the offices in which the oath
and bonds of their principals are required to be filed."

19

20

21

22

23

24

25

26

27

28

Judicial Notice - Assignment of Judge and Demand for Affidavit of Qualification

Connie LaRue
J 045 Kin Narcisse Rd.

6.

RCW 65.04.030 Instruments to be recorded or filed.

The auditor or recording officer must, upon the payment of the fees as required in

RCW 36.18.010...

(3) All such other papers or writing as are required by law to be recorded and such
as are required by law to be filed.

7.
6

RCW 65.04.130 Fees to be paid or tendered.

Said county auditor is not bound to record any instrument or file any paper 0
notice, or furnish any copies, or to render any service connected with his or her office,
until his or her fees for the same, as prescribed by law, are if demanded paid 0
tendered.

8
9

"Provision requmng payment of fees in advance is mandatory." State v.


10

Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.

II

"When papers are received by officer for filing, filing will not become
effective until necessary fees have been paid.// State v. Conners (1942) 12

12

Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d

13

1113.

14

"Statutes reloting to compensation of public officer must be strictly construed


in favor of government, and such officers are entitled only to what is clearly
given by law." Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,

15
16

675 P.2d 732.'


17

Day on which oath of office is signed and filed by judge of superior court ~
day on which he assumes office for purposes of pension benefits, and day of
Governor's announcement of proposed appointment is immaterial. Jordan v.

18

19

O'Brien (1971) 79 Wash.2d 406,486 P.2d 890.

20
21

8.

RCW 65.08.150 Duty to Record: A recording officer, u on a ment or tender to him


or her of the lawful fees therefor, shall record in his or her office any instrumen
authorized or permitted to be so recorded by the laws of this state or by the laws 0
the United States.

9.

"When legislative body provides definitions for statutory terms, it is that


definition to which the person must conform his conduct. // City of Seattle v.

22
23
24

25

Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).


26
27

28

"Where an act uses the word in a special sense which it defines, definition
by average man or by ordinary dictionary is not substitute for the
definitions contained in the act.// National Homeopathic Hospital Ass'n of
District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.

Judicial Notice - Assignment of Judge and Demand for Affidavit of Qualification

Connie LaRue
1045 Kin Narcisse Rd.

10.

RCW 65.04.015(2) FILED for "recording into the official public record"

RCW 65.04.015 (3) RECORD I/after filing to incorporate the instrument into the publi

records"

RCW 65.04.015 (4) I/RECORDING NUMBER" Assignment of an "auditor or recordin

officer file number" "that identifies the storage location" "of each instrument in th

public records" "accessible in the same recording office where the instrumen

containing the reference to the location is found."

6
7

11.

10
II

12

and/or recording are not paid in advance of an oath of office cannot be made a par
of the official public record.]

,3

12.

15
16
17

RCW 5.44.040 Certified copies of public records as evidence.

Copies of all records and documents on record or on me in the Offices of the variou
departments of the United States and of this state or any other state or territory 0
the United States, when duly certified by the respective officers having by law th
custody thereof, under their respective seals where such officers have official seals,
shall be admitted in evidence in the courts of this state. [NOTE: If the fees for filin

14

Legislative Definitions of "FILE", "FILED", or "FILING" and "RECORD", "RECORDED'

or "RECORDING"

RCW 42.20.100 Failure of duty by public officer a misdemeanor. Whenever an


duty is enjoined by law upon any public officer or other person holding any publi
trust or employment, their wil ul ne leet to er orm such dut exce t wher
otherwise specially provided for, shall be a misdemeanor.

13.

18
19

20

14.
2]

happening of any of the following events:


(5) ... any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or rene
his or her official bond, or to deposit such oath or bond within the time rescribed b
law.

22
23

24
25

26
27

28

RCW 42.12.010 Causes of vacancy, Every elective office shall become vacant on th

15.

RCW 42.20.030 -Intrusion into and refusal to surrender public office.


Every person who shall falsely personate or represent any public officer, or who shal
willfully intrude himself into a public office to which he has not been duly elected 0
appointed, or who shall willfully exercise any of the functions or perform any of th
duties, without having duly qualified as required by law, ..., shall be guilty of a gros
misdemeanor.

Judicial Notice - Assignment of Judge and Demand for AfJidavit of Qualification

Connie LaRue
1045 Kin Narcisse Rd.

16.
2

RCW 9A.56.130 Extortion in the second degree.

(1) A person is guilty of extortion in the second degree if he commits extortion by


means of threat as defined in RCW 9A.04.110(28)(d) through (j).
(2) Extortion in the second degree is a class Cfelony.
RCW 9A.04.110 - Definitions.

(28) 'Threat" means to communicate directly or indirectly the intent:


(h) To take wrongful action as an official against anyone or anything, or
wrongfully withhold official action, or cause such action or withholding;

The Washington Legislature enacted two laws, one which was enacted in 1866 and another tha
was enacted in 1909, both of which are still on the books and are now recodified as RC

42.12.010 and 42.20.030.

10

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

J J

public office.
12

13

RCW 42.20.030 was originally enacted in 1909 and has never been changed and contains fou
different offenses that constitute the act of intrusion into public office and one for refusal t

14

surrender public office.

15

16

Three of these offenses require certain acts to be performed "willfully" in order to be a crime,
but two of the offenses only require that certain acts be performed.

17

The first element states, "Every person who shall falsely personate or represent any publi

18

officer, or ... "

19

Notice that no intent is required.

20

21

22

The second element states, "who shall willfully intrude himself into a public office to which h
has not been duly elected or appointed, or ... n Wilfulness is established by knowledge (RC
9A.08.010) and "duly" is defined in Black's Law Dictionary 6th Ed. as "In due and proper form 0
manner; according to legal requirements .... ; according to law in both form and substance."

23

24

The third element states, "who shall willfully exercise any of the functions or perform any of th
duties of such officer, without having duly qualified therefor, as required by law; or... "

25

26

27

28

"Duly qualified is defined in Black's Law Dictionary 6th Ed. as "Being duly qualified to fill an
office, in the constitutional sense and in the ordinary acceptation of the words, means that th
officer shall possess every qualification; that he shall in all respects comply with every requisit
before entering on the duties of the office; and that he shall be bound by oath or affirmation t
support the Constitution, and to perform the duties of the office with fidelity."

Judicial Notice - Assignment of Judge and Demand for Affidavit of Qualification

Connie LaRue
1045 Kin Narcisse Rd.

2
3

The fifth element states, "wrongfully refuse to surrender the official seal or any books or paper

appertaining to such office, upon the demand of his lawful successor shall be guilty of a gros
misdemeanor." See RCW 9A.60.040 Impersonating a Public Officer and RCW Chapter 7.56 Qu

Warranto.

6
7

9
10
II
12

13
14

15
16

]7
18

19

20
21

22
23
24
25

26
27

28

The fourth element states, "Who, having been an executive or administrative officer, shall
willfully exercise any of the functions of his office after his right to do so has ceased, or ..."

First, if the fees for filing are not paid in advance, an oath of office cannot be made a part of th
official public record. see RCW 5.44.040.
Second, if the official oath is not made part of the official public record, it grants no lawful
authority.
Third, if the oath is not filed as defined in RCW 65.04.040, it is not part of the official publi
record.

RCW 65.04.040 Method for recording instruments


Marginal natations
Arrangement of records.
Anv state, county, or municipal officer charged with the duty of recording
instruments in public records shall record them by *record location number in
the order filed, irrespective of the type of instrument, using a process that has
been tested and approved for the intended purpose by the state archivist.
In addition, the county auditor or recording officer, in the exercise of the duty of
recording instruments in public records, may, in lieu of transcription, record all
instruments, that he or she is charged by law to record, by any electronic data
transfer,
photographic,
photostatic,
microfilm, microcord,
miniature
photographic or other process that actually repraduces or forms a durable
medium for so reproducing the original, and which has been tested and
approved for the intended purpose by the state archivist. If the county auditor
or recording officer records any instrument by a process approved by the state
archivist it sholl not be necessary thereafter to make any notations or marginal
notes, which are otherwise required by law, thereon if in lieu of making said
notations thereon, the auditor or recording officer immediately makes a note of
such in the general index in the column headed "remarks," listing the record
number location of the instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any
means authorized under this section for the original recording of instruments.
The county auditor or recording Officer may provide for the use of the public,
media containing reproductions of instruments and other materials that have
been recorded pursuant to the provisions of this section. The contents of the
media may be arranged according to dote of filing, irrespective of type of
instrument, or in such other manner as the county auditor or recording officer
deems proper.
Judicial Notice - Assignment of Judge and Demand for Affidavit of Qualification

Connie LaRue
1045 Kin Narcisse Rd.

2
3
4

5
6
7

Fourth, if 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
for salaries or benefits [or for any other purpose] relating to a public office.
Fifth, as shown by the case law already supplied to you, all filing fees are mandatorv and are to
be paid in advance and since your examiners are supposed to know that an oath of office an
apPointment to a public office and an official bond are required bv law to be filed and/or
recorded into and made part of the official public record requiring a paid receipt for thOSE
transactions, they know that there can be no lawful certified salary warrant issued or paid
relating to that office [or perform any other duties of that office].

9
10
II
12
13
14

15

16
17

18

Sixth, there are several sections in RCW 43.09 that would cover your [STATE AUDITOR'S]
departments responsibility to verify that the bonds, appointments and oaths were filed, a<;
required by law, such as RCW 43.09.200, 43.09.210, 43.09.230, and 43.09.245 but, under
43.09.260 your department has specific information as to what is required pursuant tc
subsection (5). RCW 43.09.260(5) "On every such examination, inquiry shall be made as to the

financial condition and resources of the local government; whether the Constitution and law~
of the state, the ordinances and orders of the local government and the requirements of the
state auditor have been properly complied with, and into the methods and accuracy of the
accounts and reports."
The Historical and Statutory Notes in RCW 42.16.030 clearly establish all state fees are
mandatory.

All officers enumerated in *this section, who are paid a salary in lieu of fees, shall
collect the fees herein prescribed for the use of the state or county, as the case
may be, and shall pay the same into the state or county treasury, as the case may
be, on the first Monday of each month.

23

*Reviser's note - The term "this section" refers to 1907 c. 56 sec. 1, of which
RCW 42.16.030 is but a part. The other parts of 1907 c. 56 sec. 1, as amended
are codified as RCW 2.32.070 (supreme court clerk's fees), 2.14.010 (witnesses'
fees), 36.18.020 (superior court clerk's fees), 36.18.040 (sheriff's fees), 36.18.010
(county auditor's fees), 36.18.030 (county coroner's fees), 2.36.150 (juror's fees),
and 42.28.090 (notaries' fees). Daily remittance of moneys to state treasury
required: RCW 43.01.050.

24

Proof of having "duly qualified" is not discretionary, it is mandatory and is demanded by

19

20
21

22

25

26
27

28

Petitioner.
RCW 42.20.030 - Intrusion into and refusal to surrender public office.

Every person who shall falsely personate or represent any public officer, or who
shall willfully intrude himself into a public office to which he has not been duly
elected or appointed, or who shall willfully exercise any of the functions or
perform any of the duties of such officer, without havinq duly qualified therefor,

Judicial Notice - Assignment of Judge and Demand for Affidavit of Qualification


P-.:lOPlf"\fQ

Connie LaRue
1045 Kin Narcisse Rd.

3
4

as required by law, or who, having been an executive or administrative officer,


shall willfully exercise any of the functions of his office after his right to do so has
ceased, or wrongfully refuses to surrender the official seal or any books or papers
appertaining to such office, upon the demand of his lawful successor, shall be
quilty of a gross misdemeanor.

Any newly assigned judge will have to provide a copy of his or her properly filed oath of offic

that is fully compliant with state law.

Every judge must be a member of the Washington BAR Association and the first statement on

am fully subject to th

10

the Oath of Attorney (required by statute RCW 2.48.210), states: "1.

1)

laws of the State of Washington and the laws of the United States and will abide by the same."

12

Therefore, Petitioner seeks from any judge assigned to hear this case an Affidavit a

13

Qualification subscribed and sworn under penalty for perjury before a Notary Public. An

14

Affidavit of Qualification form is attached hereto and any assigned judge who fails or refuses t

15

execute an Affidavit of Qualification will be his/her tacit admission that he/she is unable t

16

certify under penalty for perjury that he/she is "duly qualified" and in full compliance with thei

17

Oath of Attorney and the laws of the State of Washington and the laws of the United States.

18

Petitioner will not consent or accept on its face the verbal assurance from any public servan

19

that they are "duly qualified". When authority is challenged it must be proven by the publi

20

servant. Maxim: What does not appear does not exist.

21
22

23

Dat edt his;Z

-AL
I
" day of __
~4--<A..:
_ _-.,...,_---=,--=---_ _~, 2015.
All Rights Reserved.

24
25

26

Connie LaRue, Petitioner


27

28

Judicial Notice - Assignmenl of Judge and Demand for Affidavit ofQualificalion

Connie LaRue
1045 Kilt Narcisse Rd.

EXHIBIT 7
2

RECEIVED
.....
0 '.I?
' fi. "
i i

COpy

ORIGINAL FILED
4

'wi

JUN

22015

~.j

...

~f

o't

STEVENS COUN1Y
PROSECUTING ATIORNEY

S PERiOR COURT
STEVEN'S COUNTY. \/'J/\

In the Superior Court of the State of Washington


8
9

To the District Court of Stevens County


10
1J

Case No.

Connie LaRue,
12

Petitioner,
13

v.
14

15
16

ACTUAL AND CONSTRUCTIVE NOTICE

KENDLE ALLEN, JOHN BOWER,


TROY ANDERSON, GINA TVEIT,

OF DISQUALIFICATION OF JUDGE FOR

LLOYD NICKEL, TIMOTHY RASMUSSEN,


JESSICA TAYLOR, and SAUNDRA RJCHARTZ,

FAILURE TO "DULY QUALIFY" FOR

17

OFFICE

Respondents.

18

19

20

In Reference to:
STEVENS COUNTY DISTRICT COURT
Case No. P7944

21

1.

PATRICK A. MONASMITH and ALLEN C. NIELSON, persons illegally occupying the office

22

of STEVENS COUNTY SUPERIOR COURT judges have both failed to "duly qualify" as required b
23
law for said offices.
24
25

26

27

liThe fact that the candidate is qualified at the time of his election is not sufficient
to entitle him to hold the office, it at the time of his commencement to his term
of office, or during the continuance of the term, he ceases to be qualified.
Eligibility to public office is of a continuing nature, and must subsist at the
commencement of the term, and during the occupancy of the office."
Washington's Attorney General Opinion - AGO 63-64, no. 17.

28

Actual and Constructive Notice of Disqualificalion of Judge for Failure to


"Duly Qualify" for Office
P"oP 1 "fA

Connie LaRue
1045 Kin Narcisse Rd.

2.

MONASMITH and NIELSON both failed to pay the mandatory filing fees for their required

Oaths of Office.

Neither the Washington Secretary of State or the respective County Auditor

(for the counties in which they are required to be "duly qualified" before they can perform th

functions and duties of a Superior Court Judge), have received their mandatory fees;
The following cases define superior court judges as occupying a dual position,
and are both a "state officer" and a "county officer". State ex rei Edelstein v.
Foley, 107 P.2d 901, 6 Wash.2d 244; in re Salary of Superior Court Judges, 82
Wash. 623, (Wash. 1914); Neal v. Wallace, 15 Wash. App. 506, 550 P.2d 539

6
7

(1976).
8

"Duly Qualified" - Being "duly qualified" to fill an office, in the constitutional


sense and in the ordinary acceptation of the words, means that the officer shall
possess every qualification; that he shall in all respects comply with every
requisite before entering on duties of the office; and that he shall be bound by
oath or affirmation to support the Constitution, and to perform the duties of the
office with fidelity. Black's Law Dictionary 6th Edition. (underlined emphasis

JO
IJ
12

added)

13

"When papers are received by officer for filing, filing will not become effective
until necessary fees have been paid." State v. Conners, 12 Wash.2d 128, 120

14

15

P.2d 1002 (1942); State v. Nelson, 6 Wash.2d 190, 107 P.2d 113 (1940).

J6

3.

The Historical and Statutory Notes in RCW 42.16.030 clearly establish all state fees ar

17

mandatory (see reviser's notes).


18

4.

MONASMITH'S and NIELSON'S failure to "duly qualify" according to law for the office

19

they illegally occupy, denies them authority of law to hear or rule in any judicial proceeding in
20

any court, and this failure to duly qualify removes any so-called immunity they could hav
2J

claimed.
22
23
24
25

5.

It is also well established that other Citizens of Stevens County have raised this mos

important issue of persons elected to public office having thereafter failed to "duly qualify" a
mandated by state law. MONASMITH and NIELSON are bound by higher court decisions and
have cognizant knowledge that their offices are vacant and that others have notified them

26

such deficiencies with compliance with state law and in violation of their sworn Oaths 0

27

Attorney.

28

RCW 42.20.030 - Intrusion into and refusal to surrender public office.

Actual and Constnlctive Notice of Disqualification of Judge for Failure to


"Duly Qualify" for Office

Connie LaRue
)045 Kilt Narcisse Rd.

Every person who sholl falsely personate or represent any public officer, ... or who
shall willfully exercise any of the functions or perform any of the duties of such
officer, without havinq duly qualified therefor, as required by law, ... shall be
quilty ofa gross misdemeanor. (underlined and balded emphasis added)

2
3
4

5
6

6.

MONASMITH and NIELSON purportedly signed an "Oath" before GINA A. TVEIT,

who herself, is not a "duly qualified" District Court Judge; there is no evidence that
either MONASMITH or NIELSON has filed his defective "Oath" with the counties they

were elected to represent in their "dual role" as a "state official" and a "county official".

7.

unalterable unique file number to preserve the document's locked-in time/date stamp

10

in the official historical and public records filed with Washington's Secretary of State.

Their Oaths are also without evidence of a mandatory filing fee paid to the Secretary of

12

State (RCW 43.07.120 (l)(e)). There is no law that an Oath of Office is exempt from

13

requisite state and county filing fees. See MONASMITH'S or NIELSON'S deficient Oaths

J4

of Office attached hereto which evidence their failure to "duly qualify" to hold and

15

perform the functions and duties of a "duly-qualified" Superior Court Judge for Ferry,

16

Stevens and Pend Orielle Counties.

There is no evidence that either MONASMITH'S or NIELSON'S "Oath" contains an

This Maxim of Law governs: "What does not appear} does not exist!"

17

It is essential that this court takes notice that the United States District Court of

18

8.

19

the Eastern District of Washington has granted Jimmy Ellis Clark's Motion for

20
21

22
23

24

Reconsideration to be reviewed on June 22, 2015 wherein Mr Clark established that


there is "No Remedy in Washington state" and there is a "Total Lack of Authority of
Persons Usurping the Public Offices of Stevens County". (see attached Mr. Clark's
conformed Motion for Reconsideration filed in USDC EDWA.)

9.

MONASMITH and NIELSON are hereby disqualified.

10.

Failure of the Clerk of the Superior Court of Stevens County to secure a "duly

25

qualified" Superior Court Judge within 20 days to adjudicate Petitioner's Application for
26

Writ will be the Clerk's tacit admission there is not one "duly-qualified" Superior Court
27

Judge in the State of Washington. This matter will then be taken to a higher court.

28

Actual and Constructive Notice of Disqual ification of Judge for Failure to


"Duly Qualify" for Office

Connie LaRue
1045 Kin Narcisse Rd.

, 2015 .
2

All Rights Reserved.


4

Connie LaRue, Petitioner


6

10

II

12

13

14

J5

16

17

18

19

20

21

22

23

24

25

26

27

28

Actual and Constructive Notice of Disqualification of Judge for Failure to


"Duly Qualify" for Office

Connie LaRue
1045 Kitt Narcisse Rd.

Oath of Office

STATE OF WASHINGTON
County of Ferry
County of Pend Oreille
County of Stevens

)
) ss.
)
)
)

10

11

12

I, Patrick A. Monasmith, do solemnly swear (or affIrm) that I will


support the Constitution of the United States and the Constitution of the
State of Washington, and that I will faithfully and impartially perfonn and
discharge the duties of the office ofSUPERlOR COURT JUDGE, Position
1, to the best of my ability.

J3

14

15

16

SUBSf=RIBED AND SWORN to before me tills ~ day of


"

~,2012.

6}

17

t/L-a.

Gina A. Tveit
District Court Judge

18

19

20

21

22

FILED

23

DEC' 3" 1"2012

24

SECRETARY OF STATE
STATE OF WASHINGTON

25

26

27

28

AClual and Constructive Notice of Disqualification of Judge for Failure


"Duly Qualify" for Office

10

Connie LaRue
1045 Kilt Narcisse Rd.

Oath of Office

STATE OF WASHINGTON

) 55.

County of Ferry
County of Pend Oreille
County of Stevens

)
)
)

10

lJ

12

I, Allen C. Nielson, do solenmly swear (or affinn) that I wj!lsupport


the Constitution of the United States and the Constitution of the State of
Washington, and that I will faithfully and impartially perfonn and discharge
the duties of the office of SlJPERIOR COURT JUDGE; Position 2, to the
best of my ability.

~ge

13

14

15

16

]2

SUBSCRIBED AND SWORN to befo,e me

\ Uf?!J.g/L-,2012.

this~ day of

17

Gina A. Tveit
District Court Judge

18

19

20

21

22

23

24

FILED
DEC 3 12012

SECRETARY OF STATE

STATE OF WASHINGTON
25

26

27

28

Actual and Conslructive Notice of Disqualification of Judge for Failure


"Duly Qualify" for Office
Page 6 of6

10

Connie LaRue
1045 Kin Narcisse Rd.

EXHIBIT 8
o COPy
R/GINAL FILE.D

RECEIVED
! I~!

JU!'i
RECEIVE0
Stevens Co Sheriff's Office

) .~
,~ ':1

JUN 29 2015
DISTRI

STEVE.NS ~T COURT
OUNTY, WA

.......

:,!j ,j

STEVENS COUNTY
PROSECUTING ATIORNEY

JUN 29 2015
District Court

8 - 9 - 10 - 11 - 12

1-2-3-4-5

Stevens County
Washington State

No. P7944

STATE OF WASHINGTON,

Plaintiff,

AFFIDAVIT OF Connie LaRue

v.

SUPERIOR COURT OBSTRUCTING


JUSTICE WHILE DEPARTMENT OF
LICENSING SERVES NOTICE OF
SUSPENSION

Connie LaRue,
Abused

Comes now Connie LaRue, your Affiant, being competent to testify and being over the age of 21
years, according to law to tell the truth to the facts related herein and states that she has first
hand knowledge of the facts stated herein.

1.

At approximately 1130 hours on June 24, 2015, Affiant approached the STEVENS

COUNTY SUPERIOR COURT desk and - with all parties notified that Affiant's tape recorder was
turned on - requested that her papers be file stamped.

A clerk refused; refused to file

because there was "no case number" shown.


2.

On June 2, 2015, Affiant had presented the SUPERIOR COURT with an Application for a

Pre-emptory Writ of Prohibition, Injunction and Show Cause Order along with In Forma

AFFJDA VlT OF Connie LaRue re: SUPERIOR COURT OBSTRUCTING JUSTJCE


\VHILE DEPARTMENT OF LICENSING SERVES NOTICE OF SUSPENSlON

Page 1 of 4

Pauperis paperwork so that Affiant could proceed without costs. At that time no case number
was assigned pending approval of the In Forma Pauperis application.
3.

Affiant had aiso lodged with the SUPERIOR COURT CLERK a Notice of Disqualification of

"judges" PATRICK A. MONASMITH and ALLEN C. NIELSON for their failure to duly qualify for the
office of SUPERIOR COURT JUDGE for their violations of Washington state law concerning
qualification.
4.

Affiant, under an "ACTION REQUIRED", noticed the Clerk's office to find and assign,

within twenty days, a duly-qualified SUPERIOR COURT JUDGE to hear Affiant's Application for
Pre-emptory Writ of Prohibition, Injunction and Show Cause Order.
5.

After the 20 days since presenting the Application and accompanying papers to the

court, Affiant intended to file a FIRST NOTICE OF FAILURE OF DUTY TO ASSIGN A DULY
QUALIFIED JUDGE --- ACTIOI\J REQUIRED.
6.

Not getting a satisfactory answer from the Court Clerk's window, Affiant went to Court

Administrator EVELYN BELL, knocked on the window, and asked her to file the "FIRST NOTICE"
document.
7.

MS. BELL said, "there is no case FILED at this point, so there is no case for you to file that

'IN' at this point today."


8.

When Affiant inquired as to why there was no case number, MS. BELL, further stated

"Well, ahhh JUDGE NIELSON has that under review, and so when it is done you will KNOW, but
it's not done today."
9.

Affiant pressed MS. BELL, "how many MONTHS or YEARS do I have to WAIT?", and MS.

BELL responded, "- Uhhh, I'm not gonna respond to you when you are, your recording me so
I'm not gonna say another word. I've GIVEN you the information I have right now." And BELL
walked away from the window.
10.

It is Affiant's conviction that the SUPERIOR COURT and its "officers" have collectively

obstructed Affiant's essential right to justice because delaying justice is a blatant denial of due
process of law.
11.

Affiant's states: "'Justice delayed is justice denied' is a legal maxim meaning that if legal

redress is available for a party that has suffered some injury, but is not forthcoming in a timely
fashion, it is effectively the same as having no redress at all. This principle is the basis for the
right to a speedy trial and similar rights which are meant to expedite the legal system, becouse
it is unfair for the injured party to have to sustain the injury with little hope for resolution. The
phrase has become a rallying cry for legal reformers who view courts or governments as acting
AFFlDA V/T OF Connie LaRue re: SUPERIOR COURT OBSTRUCTING .JUSTICE
WHJLE DEPARTMENT OF LICENSING SERVES NOTICE Of SUSPENSION

Page 2 of 4

too slowly in resolving legal issues either because the eXIsting system is too camplex or
overburdened, or because the issue or party in question lacks political favour./I (Quoted from
Wikipedia under "Justice delayed is justice denied".)
12.

Affiant has been treated with prejudice and hostility by certain workers and/or officers

ofthe SUPERIOR COURT and believes this case is being deliberately delayed.
13.

According to MS. BELL's statement above, one can conclude that ALLEN C. NIELSON, an

unqualified person criminally usurping the office of SUPERIOR COURT JUDGE, is holding hostage
Affiant's Application for Pre-emptory Writ of Prohibition, Injunction and Show Cause Order.
14.

Affiant, being unable to file the attached document entitled "FIRST NOTICE OF FAILURE

OF DUTY TO ASSIGN A DULY-QUALIFIED JUDGE -

ACTION REQUIRED" into the case pending

before the SUPERIOR COURT, files this document into the record in the STEVENS COUNTY
DISTRICT COURT Case No. P7944.
15.

Affiant has suffered a great deal of physical, financial and psychological stress by the

treatment she has received from the STEVENS COUNTY SUPERIOR COURT and the STEVENS
COUNTY DISTRICT COURT. Now Affiant is under the threat of the WASHINGTON DEPARTMEf\IT
OF liCENSING whereon July 24, 2015 her driver's license will be suspended, costing her
additional sums to reinstate.

Affiant lives in fear of being targeted by STEVENS COUNTY

sheriff's "deputies" and police "officers" due to the instant case against her and the history of
police-organized-sex-crime-rings in STEVENS COUNTY.
Exhibits to this affidavit are:

A. FIRST NOTICE OF FAILURE OF DUTY TO ASSIGN A DULY-QUALIFIED JUDGE [CLERK'S] ACTION


REQUIRED, already dated, signed [by Affiant] which was ready to file on June 24, 2015.
B.

Affidavit of Qualification for JOHN BOWERS, TROY ANDERSON, KENDLE ALLEN, TIMOTHY

RASMUSSEN, PATRICIA CHESTER, PATRICK A. MONASMITH, ALLEN C. NIELSON, JESSICA TAYLOR,


NICHOLAS FORCE, SAUNDRA RICHARTZ, LLOYD NICKEL, GINA TVEIT.

C.

Oath of Attorney of LLOYD BECKWITH NICKEL dated 15 May 1979, and TIMOTHY

RASMUSSEN dated 22 February 2002.


D. Certified letter from Mr. TIM GRAY dated December 5, 2013 that establishes that judges in
STEVENS COUNTY receive monies from the fines and penalties they "administer". Affiant
believes this supports her claim for a federal investigation into RICO enterprise activities in
STEVENS COUNTY.

AFFIDAVIT OF Connie LaRue re: SUPERIOR COURT OBSTRUCTING JUSTICE


WHILE DEPARTMENT OF LICENSING SERVES NOTJCE OF SUSPENSION

Page30f4

E. Transcript of tape recording made by Affiant at STEVENS COUNTY SUPERIOR COURT on June

24,2015.
And further affiant sayeth naught.

I declare under penalty of perjury under the laws of the State of Washington that the foregoing is

true and correct.

All Rights Reserved

Connie LaRue, Affiant


JURAT
Washington State
Stevens County

} ss.

tkich ,~ ?or~u Q __,

a Washington Notary Public, do certify that

Connie LaRue appeared before me and swears under penalty of perjury that the foregoing is

true.

On this, the

1--0)

day of

JtAN.

Notary Public

State of Washington

HEIDI J BRAUN

'2015~/1. :d,ffuui1Jl
~on

g_J_ff

Notary Public
My apPOint m ent ex p I r eS_ _
~-+---I-L----,,~"-l.._

MY COMMISSION EXPIRES

Sertelllber 1,2018

AFFJDA VIT OF Connie LaRue re: SUPERIOR COURT OBSTRUCTING JUSTICE


WHILE DEPARTMENT OF LICENSING SERVES NOTICE OF SUSPENSION

Page 4 of 4

Transcription of audio tape made on Wednesday

6-24-2015 in the STEVENS COUNTY SUPERIOR COURT- Refusal to File Documents

Connie LaRue
Clerk - SUPERIOR COURT CLERK with unknown name
PATIY - PATIY CHESTER, CLERK OF SUPERIOR COURT
EVELYN - EVELYN BELL, STEVENS COUNTY COURT ADMINISTRATOR
3:18 on tape

Connie LaRue - Is there somebody else who could file stamp this for me?

Clerk - Hold on. What is it?

Connie LaRue - I'm gonna be busy serving papers today.

Ummm ...

Clerk - Are you filing something in a case?

Connie LaRue - Yes I am.

Clerk - You have to have the case number on it.

Connie LaRue -It doesn't have a case number; I'm waiting for a case number. I'm moving it up from

District Court and I'm waiting for you guys to ASSIGN me a case number and you HAVEN'T, so that's
what this is all about.
Clerk - Did you bring paperwork for us to file to move it up?

Connie LaRue - Yes I did, and it's all in here and my tape recorder is running, you need to KNOW that.

It's running.

So, I'll give YOU, SUPERIOR COURT.

Clerk - You're FILING a case with SUPERIOR COURT.


Connie LaRue -I DID.
Clerk - You already FILED a case with SUPERIOR COURT. You already FILED a case with SUPERIOR
COURT you would have a case NUMBER.
Connie LaRue - I know this.
Clerk - So, you need to put that ON here.

1 of 5

6-24-2015 Wednesday -- Stevens County Superior Court - Refusal to File Documents

Connie LaRue -I don't HAVE a case number, you have not ASSIGNED me a case number.
Clerk - You just said you FILED a case here.

Connie LaRue -I ASKED for it to be moved here and I put "CLERK'S ACTION REQUIRED" last time I did it.

You can look it all up. It's under THIS case number in DISTRICT COURT. [P7944]

Clerk - Okay, but there has to be something from that court, that paperwork that you filed HERE.

Connie LaRue - The paperwork that I filed here is in this court someplace because you've never

answered it and I did it on June second.

Clerk - She said she sent some kind of request up here to move her case to this court. That's what she

SAID.

Connie LaRue -I fileq it here on June second and I gave you guys twenty days to respond and give me a

CASE number, and you did I\JOT. So today's the twenty forth.

Clerk - What kind of case were you filing?

Connie LaRue -Uhhh, it's a traffic case - case P7944. No that's District.

Clerk - Do you have that?

Connie LaRue - Not with me.

Clerk - I couldn't find a receipt on that date.

Clerk - Okay I just talked to EVELYN [BELL). She said that is down with JUDGE NIELSON. He is taking it

under advisement. He has NOT concluded his review yet.

Connie LaRue - Okay.

Clerk - So she said if you WANT you can leave a bench copy of this for him to look at, and put it with

that other paperwork.

Connie LaRue - I am going to stamp ALL of these as filed here today.

Clerk - I'm not filing yet, we don't have a CASE yet.

Connie LaRue - NO that's just the POINT. You do not have a - I KNOW, you do not have a case. And

THAT'S EXACTLY why I'm filing it.

Clerk -If you want to leave a bench copy with for JUDGE NIELSON I'll take it down with that other

paperwork.

2 of 5
6-24-2015 Wednesday -- Stevens County Superior Court - Refusal to File Documents

Connie LaRue - Okay, remember my tape recorder is runningClerk - I understand.


Connie LaRue - you are on record here. This is a FIRST NOTICE OF YOUR FAILURE TO, TO, FAILURE OF
DUTY TO ASSIGN A DULY-QUALIFIED JUDGE TO THIS CASE.
Clerk - JUDGE NIELSON is reviewing your request. It is down in his chambers. He's still, I'm under
advisement, so if you want to leave a bench copy of this to put with the rest of it I will.

Connie LaRue -I want this filed into this case TODAY Patty.

Patty - There's no CASE number.

Connie LaRue - That's EXACTLY my point, there IS NO case number and I want this filed. The one I filed

on June second had no case number and I was asking for a case number. I'm doing the SAME thing

today.

Patty - You're asking for a judge assignment?

Connie LaRue - Yes I am.

Patty - Okay we don't assign judges so you will need to go down to see the court administrator.

Connie LaRue - Why?

Patty - Cuz we don't assign ...

Connie LaRue -I FILED basically the SAME paper on June second. What's the difference between June

second and today?

Patty -I don't know what you filed on June second. Uhhh, I did not get paperwork.

Connie LaRue -It was CLERK'S ACTION REQUIRED FOR ASSIGNMENT OF A JUDGE.

Patty - What case?

Connie LaRue - THIS, traffic case. This is a traffic case.

Patty -[O]Kay, this says District Court, was it suppose to be like a Writ of Mandemus or something?

Connie LaRue - Yeah, similar.

Patty - Well we'd have to know what kind of a case it was to be able to FILE it. Was a filing fee

required?

Connie LaRue - No, because I put in "indigent papers".

3 of 5
6-24-2015 Wednesday -- Stevens County Superior Court - Refusal to File Documents

Patty - Okay, that's probably the, did the judge sign the indigency?
Connie LaRue - Nobody has signed anything.

Clerk - Okay, I can't open a file until the judge determines whether or not there is an indigency.

Connie LaRue -I WANT this filed into my, into my case and I want it filed in there today.

Patty - You don't HAVE a case until you either pay the filing fee or the judge waives it.

Connie LaRue - Well, you let me file it on June second, and this is a FOLLOWUP on that.

Patty - We accepted it to go down to the judge for REVIEW of the filing.

Connie LaRue - Well then you can ACCEPT THIS ONE to go down to the judge for review of the filing.

Patty - But you can't put a filing stamp on it because there is no case yet.

Connie LaRue -I didn't have a case number on June second.

Patty - Well then if you file stamped it, you stamped it in error because there is nothing to put it into.

Just because you TENDERED it doesn't mean it's filed.

Connie LaRue -I will go see EVELYN.

Patty - Please DO.

Connie LaRue - EVELYN. My tape recorder is running. You are being tape recorded here and so am I. I,

on June second, filed a CLERK'S ACTION REQUIRED on and I filed indigent papers to have my traffic case
removed from DISTRICT COURT to SUPERIOR COURT. And I gave the CLERK twenty days to respond to
me on that, and I told her she is not allowed to assign that CASE to anyone but a duly-qualified JUDGE.
have not heard back; it's been twenty two days. NOW, I want to file a follow-up to that, and this, this
paper is FIRST NOTICE of her failure to assign me a judge. And I want to FILE this today. And I want to
file stamp all of these so that I can SERVE these today. She's telling me that I'M not allowed to DO that,
but YOU CAN.
EVELYI\J -1\J0, I ahhh, the CLERK is the one that FILES cases. The clerk is the one who opens cases, you
FILE cases with the clerk.
Connie LaRue - Right.

EVELYN - That paperwork has ahhhh, been given to JUDGE NIELSON, he has it UNDER review, he has not

made a final decision on that.

Connie LaRue - Okay, but there were only twenty days allowed, and now we're at twenty two days and
so I want to add this to the record.
4 of 5

6-24-2015 Wednesday -- Stevens County Superior Court - Refusal to File Documents

EVELYN - Wa ... You can leave a COpy for me if you want.

Connie LaRue - No, I don't WANT you to have a COPY. I want to FILE this into my case TODAY.

EVELYN - there is no case FILED at this point, so there is no case for you to file that "IN" at this point

today.

Connie LaRue - Well how LONG is it gonna take you to get that DONE?

EVELYN - Well, ahhh JUDGE NIELSON has that under review, and so when it is done you will KNOW, but

it's not done today.

Connie LaRue - Well how many MONTHS OR YEARS do I have to WAIT?

EVELYN - Uhhh, I'm not gonna respond to you when you are, your recording me so I'm not gonna say

another word. I've GIVEN you the information I have right now.

Connie LaRue - Wait a minute. So what's WRONG with you telling me the TRUTH about this ON

TAPE?

EVELYN - I just TOLD you the truth, what truth do you want?

Connie LaRue -I said how LONG, how many months or years do I have to wait? As EVELYN BELL walks

away from the tape recorder. 15:14"

5 of 5
6-24-2015 Wednesday -- Stevens County Superior Court - Refusal to File Documents

11.-- '
/

EXHIBIT 9
2
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In the Superior Court of the State of Washington

To the District Court of Stevens County


10
II

Case No.

Connie LaRue,
12

-----

Petitioner,
13

v.
14

15
16
17
18

J9

20

KENDLE ALLEN, JOHN BOWERS,

TROY ANDERSOI\I, GINA TVEIT,

LLOYD NICKEL, TIMOTHY RASMUSSEN,

JESSICA TAYLOR, NICK FORCE

and SAUNDRA RICHARTZ,

Respondents.

FIRST NOTICE OF FAILURE OF DUTY

TO ASSIGN A DULY-QUALIFIED

JUDGE

ACTION REQUIRED

In Reference to:
STEVENS COUNTY DISTRICT COURT
Case No. P7944

2\

Comes now Connie LaRue, the Abused, whose filing of an Application for a Pre-emptory
22

Writ of Prohibition, Injunction and Show Cause Order and accompanying Actual and
23

Constructive Notice of Disqualification of Judge for failure to "duly qualify" for office along
24

with a Judicial Notice for Assignment of Judge and Demand for Affidavit of Qualification
25

26

CLERK'S ACTION REQUIRED, provided the Clerk of the STEVENS COUNTY SUPERIOR COURT 20
days in which to secure a duly-qualified SUPERIOR COURT JUDGE to adjudicate this matter

27

before the court.


28

First Notice of Failure to Assign a Duly-Qualified Judge


Page 1 of 11

Connie LaRue
1045 Kitt Narcisse Rd.
Colville, Washington 99114
Ie'("\("\\ CO;1

'C'"7

2
3

To date, PATRICIA CHESTER, occupying the office of CLERK OF THE SUPERIOR COURT,
has failed to notify LaRue that she has secured a duly-qualified judge to adjudicate this matter.

Through Public Records requests, LaRue has been actively investigating certain elected

and appointed public servants in STEVENS COUNTY to determine whether they have

constitutionally and statutorily maintained qualifications to perform the functions and duties

of that office. LaRue has a constitutionally protected right to redress her grievances and

exercise her right to know with certainty if those persons occupying public office are in fact

duly qualified county and state officers as required by law, or if they are illegal usurpers

10

impersonating public officials.

11

To ascertain whether or not the herein named public servant (officials) are in full

12

compliance with the Constitution and laws of the State of Washington and the United States,

13

LaRue has utilized two maxims and three solid foundations of law for scrutinizing these alleged

14

"officials" on their continuing duly qualified status.

15

Maxims:

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1. Maxim of Law: "What does not appear does not exist."

17

2. Maxim of Law: Ignorantia juris non excusat: "Ignorance of the law does not excuse."
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19

Foundations of Law:

20

3. Black's Law 6th Edition states: "Duly Qualified" - Being "duly qualified" to fill an office,
21

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in the constitutional sense and in the ordinary acceptation of the words, means that the
officer shall possess every qualification; that he shall in all respects comply with every
requisite before entering on duties of the office; and that he shall be bound by oath or
affirmation to support the Constitution, and to perform the duties of the office with
fidelity. Black's Law Dictionary 6th Edition.

25

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27

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4. RCW 42.20.030 (in relevant part) - Intrusion into and refusal to surrender public office.

Every person who shall falsely personate or represent any public officer, ... or who
shall willfully exercise any of the functions or perform any of the duties of such officer,
without having duly qualified therefore, as required by law, ... shall be guilty of a gross
misdemeanor.

First Notice of Failure to Assign a Duly-Qualified Judge


Page 2 of 11

Connie LaRue
1045 Kitt Narcisse Rd.
Colville, Washington 99114
fenn\ co..,

"'lC,"'7

5. "The fact that the candidate is qualified at the time of his election is not sufficient to
entitle him to hold the office it at the time of his commencement to his term of office,
or during the continuance of the term, he ceases to be qualified. Eligibility to public

office is of a continuing nature, and must subsist at the commencement of the term,
and during the occupancy of the office." Washington Attorney General Opinion - AGO

63-64, no. 17.


6
7

10
II

An additional element was examined for public servants that are members of the
WASHINGTON STATE BAR ASSOCIATION, (i.e. COUI\JTY PROSECUTOR, DEPUTY PROSECUTORS,
and DISTRICT and SUPERIOR COURT JUDGES). RCW 2.48.210 requires an Oath of Attorney
before authorization to practice law in Washington. The first affirmative statement on the
actual "Oath of Attorney" sworn, subscribed and filed with the Washington Supreme Court is:

12
13

"I am fully subject to the laws of the State of Washington and the laws of the
United States, and will abide by the same."

14
J5

Due to the fact that "Eligibility to public office is of a continuing nature, and must subsist at
16

the commencement of the term, and during the occupancy of the office", LaRue's investigative
17

efforts have yielded discovery of deficiencies with the following elective and appointive offices
18

in Stevens County that clearly establish a prima facie case that those below- described offices
19

are vacant.
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1.

TIMOTHY RASMUSSEN was duly elected to the office of STEVENS COUNTY


PROSECUTOR but failed to duly qualify to perform the functions and duties of
that office by properly filing an Oath of Office with requisite filing fees paid to
the COUNTY AUDITOR BEFORE assuming the duties of the office. What does
not appear does not exist and ignorance of the law does not excuse.
RASMUSSEN's failure to duly qualify leaves the office of STEVENS COUNTY
PROSECUTOR vacant. RASMUSSEN's failure to incorporate a valid Oath of
Office into the official public records - an absolutely essential requirement of
law to duly qualify for office - is prima facie evidence that he is an illegal
usurper into a public office. RASMUSSEN has issued illegal appointments,
charging instruments to prosecute, which have resulted in fines and/or
incarceration of Citizens of STEVENS COUNTY without lawful authority and
must therefore accept unlimited liability for his actions in his individual

First Notice of Failure to Assign a Duly-Qualified Judge


Page 3 of 11

Connie LaRue
1045 Kitt Narcisse Rd.
Colville, Washington 99114

capacity. RASMUSSEN is a WASHINGTON STATE BAR member with an Oath of


Attorney who ignores the law and requirements to duly qualify. Further,
RASMUSSEN's failure to abide by state law is a violation of his sworn Oath of
Attornel for which he should be disbarred. Every action taken by
RASMUSSEN and his subordinates while he himself has impersonated a
public official is a criminal act for which he has yet to be held accountable.

2
3

4
5

2.

JESSICA TAYLOR was "appointed" by TIMOTHY RASMUSSEN to the office of


STEVENS COUNTY DEPUTY PROSECUTOR but there exists no evidence that
TAYLOR could be duly qualified for the office because RASMUSSEN, as an
illegal usurper impersonating a COUNTY PROSECUTOR, was without authority
to make such an appointment. What does not appear does not exist. It was
TAYLOR's duty to vet and verify that RASMUSSEN was in fact a duly-qualified
COUNTY PROSECUTOR at the time of her alleged "appointment". TAYLOR
executed RASMUSSEN'S illegal orders to prosecute, which have resulted in
fines and/or incarceration of Citizens of STEVENS COUNTY without lawful
authority and must therefore accept unlimited liability for her actions in her
individual capacity. TAYLOR is also a WASHINGTON STATE BAR member with
an Oath of Attorney who has ignored the law and its requirements to duly
qualify for which she should be disbarred. TAYLOR's occupation of an office
she was not authorized to possess is prima facie evidence that she is an
illegal usurper into public office. Every action taken by TAYLOR while
impersonating a public officer is a criminal act for which she has yet to be
held accountable.

3.

SAUNDRA RICHARTZ was "appointed" by TIMOTHY RASMUSSEN to the office


of STEVENS COUNTY DEPUTY PROSECUTOR but there exists no evidence that
RICHARTZ could be duly qualified for the office because RASMUSSEN, as an
illegal usurper impersonating a COUNTY PROSECUTOR, was without authority
to make such an appointment. What does not appear does not exist. It was
RICHARTZ's duty to vet and verify that RASMUSSEN was in fact a duly
qualified COUNTY PROSECUTOR at the time of her alleged "appointment".
RICHARTZ executed RASMUSSEN'S illegal orders to prosecute, which have
resulted in fines and/or incarceration of the Citizens of STEVENS COUNTY
without lawful authority and must therefore accept unlimited liability for her
actions in her individual capacity. RICHARTZ is also a WASHINGTON STATE
BAR member with an Oath of Attorney who has ignored the law and its
requirements to duly qualify, for which she should be disbarred. RICHARTZ's
occupation of an office she was not authorized to possess is prima facie
evidence that she is an illegal usurper to public office. Every action taken by

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lOath of Attorney for Timothy Rasmussen (attached)

First Notice of Failure to Assign a Duly-Qualified Judge


Page 4 of 11

Connie LaRue

1045 Kitt Narcisse Rd.

Colville, Washington 99114

IC:f)()\

co,., Je,l

RICHARTZ while impersonating a public officer is a criminal act for which she
has yet to be held accountable.

3
4

4.

NICK FORCE was "appointed" by TIMOTHY RASMUSSEN to the office of


STEVENS COUNTY DEPUTY PROSECUTOR but there exists no evidence that
FORCE could be duly qualified for the office because RASMUSSEN, as an
illegal usurper impersonating a COUNTY PROSECUTOR, was without authority
to make such an appointment. What does not appear does not exist. It was
FORCE's duty to vet and verify that RASMUSSEN was in fact a duly-qualified
COUNTY PROSECUTOR at the time of his alleged "appointment". FORCE
executed RASIVIUSSEI\J'S illegal orders to prosecute Citizens resulting in fines
and/or incarceration of Citizens of STEVENS COUNTY without lawful
authority, and must therefore accept unlimited liability for his actions in his
individual capacity. FORCE is also a WASHINGTON STATE BAR member with
an Oath of Attorney who has ignored the law and its requirements to duly
qualify, for which he should be disbarred. FORCE's occupation of an office he
was not authorized to possess is prima facie evidence that he is an illegal
usurper into public office. Every action taken by FORCE while impersonating
a public officer is a criminal act for which he has yet to be held accountable.

5.

KENDLE ALLEN was duly elected to the office of STEVENS COUNTY SHERIFF
but failed to duly qualify to perform the functions and duties of that office by
properly filing an Oath of Office with requisite filing fees paid to the COUNTY
AUDITOR BEFORE assuming the duties of the office. What does not appear
does not exist and ignorance of the law does not excuse. ALLEN's failure to
duly qualify leaves the office of STEVENS COUNTY SHERIFF vacant. ALLEN's
failure to incorporate a valid Oath of Office into the official public records
an absolutely essential requirement of law to duly qualify for office - is prima
facie evidence that he is an illegal usurper into a public office. ALLEN claims
to be the chief law enforcement officer in STEVENS COUNTY however he fails
to abide by state law and the constitutional and statutory requisite to duly
qualify. Further, ALLEN has issued illegal appointments of deputies,
conducted illegal investigations, made illegal referrals for prosecution,
assaulted and/or illegally arrested or caused to be assaulted and/or illegally
arrested, kidnapped, and falsely imprisoned Citizens of STEVENS COUNTY for
prosecution without lawful authority.
ALLEN must therefore accept
unlimited liability for his actions in his individual capacity. Every action taken
by ALLEN and his subordinates (Deputies) while he himself has impersonated
a public official is a criminal act for which Allen has yet to be held
accountable.

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First Notice of Failure to Assign a Duly-Qualified Judge


Page 5 of 11

Connie LaRue
1045 Kitt Narcisse Rd.
Colville, Washington 99114
/C(\('\\ COil

'C'"),

2
3

6.

TROY ANDERSON was duly appointed to the office of CITY OF CHEWELAH


CHIEF OF POLICE but failed to duly qualify to perform the functions and
duties of that office by his failure to abide by state law and properly file an
Oath of Office with requisite filing fees paid to the COUNTY AUDITOR BEFORE
assuming the duties of the office. What does not appear does not exist and
ignorance of the law does not excuse. This failure of duty to duly qualify
means the office of CITY OF CHEWELAH CHIEF OF POLICE was vacant at the
time of the incident related to LaRue. ANDERSON claims to be the chief law
enforcement officer for the CITY OF CHEWELAH however he fails to abide by
state law and the constitutional and statutory requisite to duly qualify.
ANDERSON'S dereliction of duty to duly qualify is prima facie evidence that
he is an illegal usurper into a public office. Further, ANDERSON has ordered
illegal investigations, made illegal referrals for prosecution, assaulted and/or
illegally arrested or caused to be assaulted and/or illegally arrested,
kidnapped, and falsely imprisoned for prosecution, Citizens of STEVENS
COUNTY without lawful authority. For these actions, ANDERSOI\l must
accept unlimited liability in his individual capacity. Every action taken by
ANDERSON and his subordinate "officers" while he himself has been
impersonating a public officer is a criminal act for which he has yet to be held
accountable.

7.

JOHN BOWERS was hired as a police officer for CITY OF CHEWELAH


subordinate to the imposter CHIEF OF POLICE, TROY ANDERSON, but there
exists no evidence that BOWERS could be duly qualified for the office
because ANDERSON, as an illegal usurper impersonating a CHIEF OF POLICE,
was without authority to hire applicants for police officer positions. What
does not appear does not exist. It was BOWERS' duty to vet and verify that
ANDERSON was in fact a duly-qualified CHIEF OF POLICE at the time of the
alleged hiring. BOWERS executed ANDERSON'S illegal orders to stop, ticket,
arrest and/or transport Citizens of STEVENS COUNTY without lawful authority
and must therefore accept unlimited liability for his actions in his individual
capacity. BOWERS claims to be a law-enforcement officer but he ignores the
law and the requirements to duly qualify by first being hired by someone
duly qualified to implement the hiring. BOWERS' occupation of an office he
was not authorized to possess is prima facie evidence that he is an illegal
usurper into public office. Every action taken by BOWERS while
impersonating a police officer is a criminal act for which he has yet to be held
accountable.

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First Notice of Failure to Assign a Duly-Qualified Judge


Page 6 of 11

Connie LaRue
1045 Kitt Na rcisse Rd.
Colville, Washington 99114
lenn\ COJ1

~C"'"'7

-,

8.

GINA TVEIT was duly elected to the office of STEVENS COUNTY DISTRICT
COURT JUDGE but failed to duly qualify to perform the functions and duties
of that office by her failure to abide by state law and properly file a 2010 and
2014 Oath of Office with requisite filing fees paid to the COUNTY AUDITOR
BEFORE assuming the duties of the office. What does not appear does not
exist and ignorance of the law does not excuse. TVEIT's failure to duly qualify
leaves the office of STEVENS COUNTY DISTRICT COURT JUDGE vacant. TVEIT's
failure to incorporate a valid Oath of Office into the official public records
an absolutely essential requirement of law to duly qualify for office - is prima
facie evidence that she is an illegal usurper to a public office. TVEIT has
issued illegal appointments, orders for fines and/or incarceration of Citizens
of STEVENS COUNTY without lawful authority and must therefore accept
unlimited liability for her actions in her individual capacity. TVEIT is a
WASHINGTON STATE BAR member with an Oath of Attorney who ignores the
law and requirements to duly qualify. Further, TVEIT's failure to abide by
state law is a violation of her sworn Oath of Attorney for which she should be
disbarred. Every action taken by TVEIT while impersonating a public official is
a criminal act for which she has yet to be held accountable.

9.

LLOYD NICKEL was "appointed" by GINA TVEIT to the office of DISTRICT


COURT COMMISSIONER/JUDGE PRO TEM but there exists no evidence that
NICKEL could be duly qualified for the office because TVEIT, as an illegal
usurper impersonating a judge, was without authority to make such an
appointment. What does not appear does not exist. It was NICKEL's duty to
vet and verify that TVEIT was in fact a duly-qualified DISTRICT COURT JUDGE
at the time of his alleged "appointment". NICKEL "accepted" a void
appointment and has conducted unlawful activities as an impersonator
COMMISSIONER/JUDGE PRO TEM and has issued illegal orders, illegally fined
and/or incarcerated Citizens of STEVENS COUNTY without authority and must
therefore accept unlimited liability for his actions in his individual capacity.
NICKEL is a WASHINGTOI\l STATE BAR member with an Oath of Attorney who
has failed to abide by state law and its requirements to duly qualify; a
violation of his Oath of Attorney for which he should be disbarred. NICKEL's
occupation of an office he was not authorized to possess is prima facie
evidence that he is an illegal usurper into public office. Every action taken by
NICKEL while impersonating a public official is a criminal act for which he has
yet to be held accountable.

10.

PATRICK A. MONASMITH was duly elected to the office of STEVENS COUNTY


SUPERIOR COURT JUDGE, Position 1, but failed to duly qualify to perform the
functions and duties of that office by his failure to properly file an Oath of
Office with requisite filing fees paid to the SECRETARY OF STATE and the

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First Notice of Failure to Assign a Duly-Qualified Judge


Page 7 of 11

Connie LaRue

1045 Kitt Narcisse Rd.

Colville, Washington 99114

Icnn\ co",

~C'"'l,

2
3
2

COUNTY AUDITOR BEFORE assuming the duties of the office. What does not
appear does not exist. MONASMITH is a WASHINGTON STATE BAR member
with an Oath of Attorney who has failed to abide by state law and its
requirements to duly qualify which; he is in violation of his Oath of Attorney
for which he should be disbarred. MONASMITH's failure of duty to duly
qualify is prima facie evidence that the office of STEVENS COUNTY SUPERIOR
COURT JUDGE, Position 1, is currently vacant. This serves as evidence that
MONASMITH is an illegal usurper into an elective public office. MONASMITH
has issued illegal orders, fines and/or the incarceration of Citizens of
STEVENS COUNTY without lawful authority and must therefore accept
unlimited liability for his actions in his individual capacity. Every action taken
by MONASMITH while he has been impersonating a public official is a
criminal act for which he has yet to be held accountable.

5
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7

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\3

11.
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ALLEN C. NIELSON was duly elected to the office of STEVENS COUNTY


SUPERIOR COURT JUDGE, Position 2, but failed to duly qualify to perform the
functions and duties of that office by his failure to properly file an Oath of
Office with requisite filing fees paid to the SECRETARY OF STATE and the
COUNTY AUDITOR BEFORE assuming the duties of the office. What does not
appear does not exist. NIELSON is a WASHINGTON STATE BAR member with
an Oath of Attorney who has failed to abide by state law and its
requirements to duly qualify. This is a violation of his Oath of Attorney for
which he should be disbarred. NIELSON's failure of duty to duly qualify is
prima facie evidence that the office of STEVENS COUNTY SUPERIOR COURT
JUDGE, Position 2, is currently vacant which serves as evidence that NIELSON
is an illegal usurper into an elective public office. NIELSON has issued illegal
orders, fines and/or the incarceration of Citizens of STEVENS COUNTY
without lawful authority and must therefore accept unlimited liability for his
actions in his individual capacity. Every action taken by NIELSON while he has
been impersonating a public official is a criminal act for which he has yet to
be held accountable.

25

26

27
Note: The two Superior Court Judges fill a dual role as both "state officers" and "county officers". The following
cases define superior court judges as occupying a dual position, and are both a "state officer" and a "county
officer". State ex rei Edelstein v. Foley, 107 P.2d 901, 6 Wash.2d 244; in re Salary of Superior Court Judges, 82
Wash. 623, (Wash. 1914); Neal v. Wallace, 15 Wash. App. 506, SSG P.2d 539 (1976).
2

28

First Notice of Failure to Assign a Duly-Qualified Judge

Connie LaRue
1045 Kitt Narcisse Rd.

Page 8 of 11

Colville, Washington 99114


Ie,..."", COli ,e."

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4

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6

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12.

PATRICIA CHESTER was duly elected to the office of STEVEI\JS COUI\JTY CLERK
and ex-officio CLERK OF THE SUPERIOR COURT, but failed to duly qualify to
perform the functions and duties of that office by her failure to abide by
state law and properly file an Oath of Office with requisite filing fees paid to
the COUNTY AUDITOR BEFORE assuming the duties of the office. What does
not appear does not exist. CHESTER's failure to incorporate a valid Oath of
Office into the official public records - an absolutely essential requirement of
law to duly qualify for office - is prima facie evidence that she is an illegal
usurper into a public office and the office of STEVENS COUNTY CLERK and ex
officio CLERK OF THE SUPERIOR COURT is vacant. Every action taken by
CHESTER while impersonating a public official is a criminal act for which she
has yet to be held accountable.

10
II

12
13

Because eligibility for public office is of a continuing nature, public servants are required by
law to remain "eligible" and "duly qualified". LaRue's investigations of public records yield no
valid Oath of Office for any of the above-named persons. What does not appear does not exist.

14

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16

ACTION REQUIRED

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If any of the 12 above-named persons believe he or she is in full compliance with the
Constitution and Laws of the STATE OF WASHINGTOI\J and Constitution and Laws of the
UNITED STATES, and thus duly qualified, let him so certify his duly-qualified status by
executing an Affidavit of Qualification sworn and subscribed before a duly-commissioned
Notary Public and file that Affidavit of Qualification into the official public records of STEVEI\JS

COUNTY and the Archives for the STATE OF WASHINGTON, and file that Affidavit into the
records of this case.

25

Failure to execute and file a notarized Affidavit of Qualification will be viewed as each

26

Party's tacit admission he cannot in good faith execute the Affidavit without perjuring himself

27

and admitting that he is illegally usurping a public office and impersonating a public official.

28

Where there is no lawful authority to perform the functions and duties of a duly-qualified
official, there is no jurisdiction. When there exists a group of persons who conduct themselves

First Notice of Failure to Assign a Duly-Qualified Judge

Connie LaRue
1045 Kitt Narcisse Rd,

Page 9 of 11

Colville, Washington 99114


Icnn\ COil ,C"

3
4

outside the boundaries of the law while occupying public offices, that activity is governed
under 18 U.S. Code Chapter 96 - RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS.

The Public's confidence in its elected and appointed servants is essential to the rule of law.

The Public also has a right to know if its votes went to, and tax dollars were illegally paid to

persons who have failed to duly qualify and are not eligible to hold public office.

LaRue has standing to make this demand because she is and/or has been tormented and

persecuted by the above-believed usurpers and [impersonating] public officials who have

10

caused the DEPARTMENT OF LICENSING to mail a non-signed, computer-generated form letter

11

entitled NOTICE OF SUSPENSION.

12

being kidnapped and falsely imprisoned by RICO artists operating under the misrepresentation

13

of a premature and thus fraudulent "CERTIFIED" NOTICE OF SUSPENSION. Until such time as

14

the RICO enterprise in STEVENS COUNTY can extort from LaRue a fictitious fine of $1114.00, it

15

is apparent that LaRue will be deprived of her rights to live at peace in her community.

LaRue now faces more persecution, a high probability of

16

The fact that persons impersonating judges in STEVENS COUNTY receive a portion of their

17

illegitimate "salaries" from the fines they assess and collect (see attached letter from Tim Gray)

18

is prima facie evidence of RICO activity.

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LaRue's claims of threat, duress, coercion and extortion of her time and resources to
defend against a RICO enterprise and co-conspirators in STEVENS COUNTY are well justified.
18 U.S. Code 1962 Prohibited activities

(a) It shall be unlawful for any person who has received any income derived,
directly or indirectly, from a pattern of racketeering activity or through collection
of an unlawful debt in which such person has participated as a principal within
the meaning of section 2, title 18, United States Code, to use or invest, directly or
indirectly, any part of such income, or the proceeds of such income, in acquisition
of any interest in, or the establishment or operation of any enterprise which is
engaged in, or the activities of which affect, interstate or foreign commerce. A
purchase of securities on the open market for purposes of investment, and
without the intention of controlling or participating in the contral of the issuer, or
of assisting another to do so, shall not be unlawful under this subsection if the
securities of the issuer held by the purchaser, the members of his immediate

First Notice of Failure to Assign a Duly-Qualified Judge


Page 10 of 11

Connie LaRue
1045 Kitt Narcisse Rd.
Colville, Washington 99114

10

II

12

13

14

family, and his or their accomplices in any pattern or racketeering activity or the
collection of an unlawful debt after such purchase do not amount in the
aggregate to one percent of the outstanding securities of anyone class, and do
not confer, either in law or in fact, the power to elect one or more directors of the
issuer.
(b) It shall be unlawful for any person through a pattern of racketeering
activity or through collection of an unlawful debt to acquire or maintain, directly
or indirectly, any interest in or control of any enterprise which is engaged in, or
the activities of which affect interstate or foreign commerce.
(c) It shall be unlawful for any person employed by or associated with any
enterprise engaged in, or the activities of which affect, interstate or foreign
commerce, to conduct or participate, directly or indirectly, in the conduct of such
enterprise's affairs through a pattern of racketeering activity or collection of
unlawful debt.
(d) It shall be unlawful for any person to conspire to violate any of the
provisions of subsection (a), (b), or (c) of this section.
Unless someone in legitimate county government within STEVENS COUNTY, not a RICO

15

enterprise-corporate entity masquerading as constitutional government, steps up by July 15,

16

2015 and establishes that he is duly qualified to hear LaRue's Application for Writ of

17

Prohibition, Injunction and Show Cause Order, this case will be removed to the Washington

18

Supreme Court.

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-d
Dated this..zl-aay of

12015.

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All Rights Reserved

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Connie LaRue, Petitioner

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First Notice of Failure to Assign a Duly-Qualified Judge


Page 11 of 11

Connie LaRue

1045 Kitt Narcisse Rd.

Colville, Washington 99114

Ic:",,\ COil "'le,..,.

The following served Affidavit(s)


of Qualification were served upon
each actor and as of July 21, 2015,
no one has returned a signed
original or copy.

After Record ing Return to:

~FFIDA VIT OF ~UALIFICATION

I, JOHN BOWERS, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington and the Constitution and Laws of the United States, thus I am duly qualified
to occupy and perform the duties of a police officer for the CITY OF CHEWELAH.

Signature:
Printed Name:

--------------JURAT

The State of Washington


Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20_ _

Notary Public:

{SEAL}
My appointment expires:

Afier Recording Return to:

~FFIDAVIT OF <!aUALIFICATION

I, TROY ANDERSON, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington and the Constitution and Laws of the United States, thus I was duly
qualified to occupy and perform the duties of the Office of CITY OF CHEWELAH CHIEF OF
POLICE.

Signature:
Printed Name: - - - - - - - - - - - - - JURAT
The State of Washington
Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

FFIDAVIT OF ~UALIFICATION

I, KENDLE ALLEN, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington and the Constitution and Laws of the United States, thus I am duly qualified
to occupy and perform the duties of the Office of STEVENS COUNTY SHERIFF.

Signature:
Printed Name:

-------------JURAT

The State of Washington


Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20_ _

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

lFFIDA VIT OF

~UALIFICATION

I, TIMOTHY RASMUSSEN, being competent to testify after first being duly sworn on oath,
under penalty for perjury, do certify that I am in full compliance with the Constitution and Laws
of the state of Washington, the Constitution and Laws of the United States and my Oath of
Attorney, thus I am duly qualified to occupy and perform the duties of the Office of STEVENS
COUNTY PROSECUTOR.

Signature:
Printed Name: - - - - - - - - - - - - - JURAT
The State of Washington
Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for peljury, before me,

a Washington Notary Public, on this the _ _ day of

-----------, 20

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

~FFIDAVIT OF ~UALIFICATION

I, PATRICIA CHESTER, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington and the Constitution and Laws of the United States, thus I am duly qualified
to occupy and perform the duties of the Office of STEVENS COUNTY CLERK AND EX
OFFICIO CLERK OF THE SUPERIOR COURT.

Signature:
Printed Name: - - - - - - - - - - - - - JURAT
The State of Washington
Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

Notary Public:
{SEAL}

_
, 20

------------

My appointment expires:

After Recording Return to:

~FFIDA VIT OF ~UALIFICATION

I, PATRICK A. MONASMITH, being competent to testify after first being duly sworn on oath,
under penalty for perjury, do certify that I am in full compliance with the Constitution and Laws
of the state of Washington, the Constitution and Laws of the United States and my Oath of
Attorney, thus I am duly qualified to occupy and perfonn the duties of the Office of STEVENS
COUNTY SUPERIOR COURT JUDGE.

Signature:
Printed Name:

_
JURAT

The State of Washington


Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

~FFIDAVIT OF ~UALIFICATION

I, ALLEN C. NIELSON, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington, the Constitution and Laws of the United States and my Oath of Attorney,
thus I am duly qualified to occupy and perform the duties of the Office of STEVENS COUNTY
SUPERIOR COURT JUDGE.

Signature:
Printed Name: - - - - - - - - - - - - - JURAT
The State of Washington
Stevens County

)
) ss.
)

Sllbscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

~FFIDA VIT OF ~UALIFICATION

I, JESSICA TAYLOR, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington, the Constitution and Laws of the United States and my Oath of Attorney,
thus I am duly qualified to occupy and perform the duties of the Office of STEVENS COUNTY
DEPUTY PROSECUTOR.

Signature:
Printed Name: - - - - - - - - - - - - - JURAT
The State of Washington
Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

~FFIDA VIT OF <!aUALIFICATION

I, NICHOLAS FORCE, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington, the Constitution and Laws of the United States and my Oath of Attorney,
thus I am duly qualified to occupy and perform the duties of the Office of STEVENS COUNTY
DEPUTY PROSECUTOR.

Signature:
Printed Name: - - - - - - - - - - - - - - JURAT
The State of Washington
Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


- - - - - - - - - - - a Washington Notary Public, on this the _ _ day of

{SEAL}

, 20

Notary Public: - - - - - - - - - - - My appointment expires:

After Recording Return to:

~FFIDA VIT OF <mUALIFICATION

I, SAUNDRA RICHARTZ, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington, the Constitution and Laws of the United States and my Oath of Attorney,
thus I am duly qualified to occupy and perform the duties of the Office of STEVENS COUNTY
DEPUTY PROSECUTOR.

Signature:
Printed Name:

-------------JURAT

The State of Washington


Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20_ _

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

~FFIDA VIT OF ~UALIFICATION

I, LLOYD NICKEL, being competent to testify after first being duly sworn on oath, under
penalty for perjury, do certify that I am in full compliance with the Constitution and Laws of the
state of Washington, the Constitution and Laws of the United States and my Oath of Attorney,
thus I am duly qualified to occupy and perform the duties of the Office of STEVENS COUNTY
DISTRICT COURT JUDGE PRO TEM.

Signature:
Printed Name:

-------------JURAT

The State of Washington


Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for petjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20_ _

Notary Public:

{SEAL}
My appointment expires:

After Recording Return to:

~FFIDAVIT OF ~UALIFICATION

I, GINA TVEIT, being competent to testify after first being duly sworn on oath, under penalty
for perjury, do certify that I am in full compliance with the Constitution and Laws of the state of
Washington, the Constitution and Laws of the United States and my Oath of Attorney, thus I am
duly qualified to occupy and perform the duties of the Office of STEVENS COUNTY
DISTRICT COURT JUDGE.

Signature:
Printed Name:

-------------JURAT

The State of Washington


Stevens County

)
) ss.
)

Subscribed and sworn to under penalty for perjury, before me,


a Washington Notary Public, on this the _ _ day of

_
, 20_ _

Notary Public:

{SEAL}
My appointment expires:

(0ath 0b

STATE OF WASHINGTON

COUNTY OF

?~.J?.~~.~

I,
1. I am fully subject

~~.?~!?.. ?.~.s:~.y.~~:~ ~.~.C?.~~.~


to

, do solemnly swear

the laws of the State of Washington and the laws of the United States and

will abide by the same;

2. I will support the constitution of the State of Washington and the constitution of the United States;

3. I will abide by the Code of Professional Responsibility approved by the Supreme Coure of the

State of Washington;

4. I will maintain the respect due to the courts of justice and jtldicial officers;
5. I will not counselor maintain any suit or proceeding which shall appear to me to be unjust, or any
defense except such as 1 believe to be honestly debatable under the law of the. land, unless it be in defense
of a person charged with apublic offense; I will employ for the purpose of maintairling the causes confided
to me such means only as are consistent W1'th truth mId honor, and will never seek to mislead the judge or
j!lry by any artifiCe or false statement of fact or law;
6. I will maintain the confidena and preserve intJiolate the secrets of my client, and will accept no
compensation in connection with his business except from him or with his knowledge andapprova1;
7. I will abstain from

ali offensive personalities, and advance no fact prejudicial to the honor

or

reputation of a party or witnes~ unless required by the justice of the cause with which [am charged;
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed, or delay any man's cause for lucre 01' malice.
So help me God.
/

. . . . ~~) ..1kfjGI.;t.K.~-.-i,;.Ii.t2
Subscribed and sworn to before me this

J.~.~~. day of "

f4~x..

"

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".1'' " .. f;.---

( .. :~ .."~J0.t~I"~'~r'~
C.:
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.

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.)

d'a;;
.

."~g>:

.' II

~,
I,

()- . -,",_. _-'

J! .tnp7Jf.y. . ~ (~_ .. _

, do solemnly declare:

1. I am fully subject io the lerws of Ihe State of Washington and. the laws of the United States and will abide by
the same.
2. I will support the constitution of the Stale of Washington and the constitution of the United States.
3. I will abide by the Rules ofProfessional Conduct approved by the Supreme Coun of the Stale ojWashington.
4. 1 will maintain the respect due to the courts ofjustice and-judicial officers.
5. I will not counsel, or maintairi"any suit, or proceeding, which shall appear to me to be unjust, or any defense
exapt as I believe io be honestly debatahle under the law, unless it is in defense of a person charged with a
public offense. I will employ.jor the purpose of maintaining the causes confided to me only those means
consistent with trutn 'wu:/ honor.i will never seek to mislead the judge or jury by any artifice or false
Slatement.
6. I will maintain the. confidence and preserve inviolate the secrets of my client, and will accept no
compensation in connectiOn with the bUSiness of my client unless this compensation is from or with the
knowledge and approval oj the client or with the approval of the court.
7. I will abstainfrom all offensive personalities, and advance no fact prejudicial to the honor or reputation of a
parry or wimess unless required by the justice of th..e cause with which I am charged.
8. {will never reject, from any consideration personal to myself. the cause of the defenseless or oppressed, or
delay unjustly rhe cause of any person.

~.R~

,/

~.~'

.-.

..

flj;

CO,,=,nty

-- ---~-~--;z~,..;
.;.

. ".-

..

~~..

'''4,_'

~:

oj-~'rtevens

State of Washington

'.~

.. ,;

Office a/County Auditor


TIM GRAY. Conoty An~r
215 South Oak. Room 108
Colville. Washington 99114
(509) 684-751 J
fax: (509)684-7568

EXHIBIT 10
December 5. 2013

To Whomtt MayConcem: - .

RE:

District Court Judge Salary and Court Costs

The Stevens County District Court generates it's revenue from civil and criminal

case fines and penalties from the cases presented In that court. In 2012 the

county portion of all the revenue from city, county and state cases amounted to

$441,938 and the estimate for 2013 is $462,520


.

The District Court Judge's annual salary for 2013 is $142,656 and is determined

by the washington State salarY Commission. Any change usually occurs on

September 1st of each year. The Judge's salary is paid from this' revenue.

The total annual cost of the District Court in 2012 was $$564,528 and the 2013

Expenditure Budget is
The remaining difference is covered by the

general property tax. sales and excise tax and other revenues of the county each

$5n,soo.

year.

Sincerely,

~~'"-~/
Tim-~ra~~

Stevens County Auditor

')tate of Washi ngton

County of Stevens

ss

"
colunt~o ~'WZ
m v

Auditor.ofStevens
do hereby certrfy that th~
foregOing IJ1S~~l1rnent 1~ ~ true and cor-rect copy of ~
ongInalli'1ereor now on tIle in my oftke.
..
.
IN, _I ES~/l?NYI W~~~EOF. { have hereunto set 1J!.1 i
hana .and affi~ed .t!)e-~tf1cial senl of IPY office at COl~1
~~ '~._ . dayof..M~ '~'"
-

~. ~t(.l.'':-

~ :m~tOn,

n.

,.....

a ...

EXHIBIT 11
TranscriptionofaudiotapemadeonFriday7172015intheSTEVENSCOUNTYSUPERIORCOURT

EVELYNBELLRefusestoTalk
ConnieLaRue
EVELYNEVELYNBELL,STEVENSCOUNTYCOURTADMINISTRATOR
ConnieLaRueHiEVELYN.
EVELYNHi.
ConnieLaRueMytaperecorderisrunning.
EVELYNBELLgotupfromherdeskandheadedforthebackdoortoexitheroffice.
ConnieLaRueIjustwanttoaskyousomething.Ummm,Iwantedtoknowifahhh,Ihavebeen
assignedaahhhjudgeandacasenumberyet,foryouknowthecaseImtryingtofiledowninSuperior
Court?
EVELYNBELLturnedaroundandwalkedbacktoherdesk.
EVELYNNottomyknowledge.
ConnieLaRueMmmm.Ummm,doyouknowWHY?EVELYNBELLissilent.
CanyoutellmeWHY,EVELYN?Hasummm,hasummmwhatshisname?UmmmnotNielson.Whose
theoth,thatotheruhJUDGEguy?BesidesNielson?
EVELYNMonasmith.
ConnieLaRueMonasmith?HashasMonasmithummm,seenmypaperwork?
EVELYNIhavenoidea.
ConnieLaRueYoudontKNOW?
EVELYNIhavenoidea.
ConnieLaRueUmmm,areYOUtheadministratorovertheSuperiorCourt?
EVELYNYes.
ConnieLaRueYes,okay,ummm,areyouFAMILIARwiththepaperworkthatIveputin?
EVELYNIdidntreadallyourpaperwork,IgaveittoJUDGENIELSON.
ConnieLaRueYoudidntreaditbutWHAT?

Transcript 7-17-2015 EVELYN BELL Refuses to Talk

Page 1of2

EVELYNIgaveittoJUDGENIELSON.
ConnieLaRueYougaveittoJUDGENIELSON?
EVELYNIdonthaveANYfurtherinformationforyousincethelasttimeyouvebeenhere.Ihave
NOTHINGelsetoadd.
ConnieLaRueOkay,soyoudonthaveanythingelsetoadd,butcanyoutellmewhyuhhh,Mona
ahhh,Monasmith.
EVELYNImnotgoingtoanswerANYmorequestionsbecausenothingIsayisgoingtomakeyou
HAPPY.Idonthaveany...
ConnieLaRueYes,IwouldLIKEforyoutoanswerthisQUESTIONforme.
EVELYNIhaveNOfurtherinformationforyousincethelasttimeyouwerehere.
ConnieLaRueWell,IhaveadifferentQUESTION,forYOU.IhaveadifferentQUESTION,forYOU.
MyQUESTIONis:ummm,whyisitthatMonasmithhasnotseenmypaperwork?
EVELYNJUDGENIELSONhasyourpaperwork.
ConnieLaRueButwhyhasMONASMITHnotseenit?
EVELYNBecauseJUDGENIELSONhasit.JUDGENIELSONhasyourpaperwork.
ConnieLaRueWell,soWHYdoesNIELSONjustSITonitandnotDOanything?
EVELYNI,I,Imnotgonnaansweranyfurtherquestions.Ihavenofurtherinformationforyousince
thelasttimeItalkedtoyou.
ConnieLaRueWellyourenotHELPINGme.AndEVELYNBELLjustwalkedoutthebackdoorofher
officeatthreefortyintheafternoononFriday,July17,2015.

Transcript 7-17-2015 EVELYN BELL Refuses to Talk

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7/28/2015
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