Professional Documents
Culture Documents
DisciplinaryCounseloftheWashingtonStateBARAssociationfortheiractionon
theComplaintslistedbelowbyUSPSCertifiedMail#70113500000186255639.
ConnieLaRue
1045KittNarcisseRd.
Colville,Washington99114
(509)6842627
July13,2015
OfficeofDisciplinaryCounsel
WashingtonStateBarAssociation
1325FourthAvenue,Suite600
Seattle,WA981012539
InRe:
1.
COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION OF TIMOTHY
RASMUSSEN, WSBA #32105, FOR CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL,
OBSTRUCTIONOFJUSTICEANDVIOLATINGHISSWORNOATHOFATTORNEY.
2.
COMPLAINTFORDISBARMENTANDREFERRALFORPROSECUTIONOFJESSICATAYLOR,
WSBA #36248, FOR CRIMINAL IMPERSONATION OF A DEPUTY PROSECUTOR, OBSTRUCTING
JUSTICEANDVIOLATINGHERSWORNOATHOFATTORNEY.
DearClerk:
EnclosedwiththisCoverLetterisaComplaintforDisbarmentofTimothyRasmussenand
JessicaTaylorandanExhibitPackageinsupport.
Ihavealsoenclosedthefirstpagesoftheenclosuresforyoutopleaseconformandreturn
themtomeintheenclosedSASE.
Thankyou.
ConnieLaRue
Connie LaRue
1045 Kitt-Narcisse Rd
Colville, Washington 99114
USPS Cert. Mail 701135000001 8625 5585
LaRue relies on the following relevant facts, statutes and court rulings from the
Washington state and Federal courts in making this complaint.
FACTS:
1.
2.
3.
Page 1 of 15
4.
What does not appear does not exist. It is believed that for this very
reason, TAYLOR's Appointment was never legitimately filed into the
official public records with evidence of Fee Paid (RCW 65.04.015(2), (3)
and (4}) for the filing and an Auditor's File Number assigned because
RASMUSSEN was without lawful authority to make the appointment and
did not want to be accused of filing a false instrument in addition to all
his other criminal acts.
5.
It was TAYLOR's duty to vet and verify that RASMUSSEN (her Superior)
was in fact a duly-qualified COUNTY PROSECUTOR at the time of
accepting her alleged "appointment" and performing the duties of that
office.
6.
7.
8.
This footnote applies to those who have been allegedly "appointed" and are blindly obeying orders of an illegal
usurper of a public office (i.e. "Superior"). Obeying illegal orders did not stop the Nazi subordinates from being
held accountable for their crimes at the Nuremburg Trials. The defense of superior orders was no longer
considered enough to escape punishment; but merely enough to lessen punishment. H.T. King, Jr., The Legacy of
Nuremberg, Case Western Journal of International Law, Vol. 34. (Fall 2002) at pg. 335.e
1
Page 2 of 15
9.
10.
11.
12.
Page 3 of 15
13.
14.
15.
TAYLOR has filed false documents. She has given four different locations
where the supposed crime occurred. The arresting "policeman" gave a
fifth location, but the dash cam and Dispatch call give a sixth location.
16.
17.
18.
Page 4 of 15
19.
20.
More than 20 days have passed and LaRue's efforts have been stifled
(obstructing justice) by a non-qualified "judge" named ALLEN C.
NIELSOI\I.
NIELSOI\I is holding hostage LaRue's in forma pauperis
application. Nielson has no authority to grant LaRue's application to
proceed without costs because he is not a duly-qualified SUPERIOR
COURT JUDGE. NIELSON's action is obstructing LaRue's ability to have
her Application for a Pre-emptory Writ of Prohibition, Injunction, and
Show Cause Order heard before a competent and duly-qualified judge.
21.
22.
23.
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.
Page 5 of 15
25.
26.
law, with duties and powers prescribed and limited by law." [Pierce
v. 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."
Being Ilduly
qualijied 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
Black's Law 6th Edition states: "Duly Qualified" N
Page 6 of 15
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 qualified 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 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.
LEGISLATIVE MANDATES TO DULY QUALIFY FOR PUBLIC OFFICE SUPPORTED BY
WASHINGTON COURT RULINGS
1.
before being admitted to practice law in this state shall take and
subscribe the following oath/!.
2.
"The prosecuting attorney may appoint one or more deputies who shall
have the same power in all respects as their principal. Each appointment
shall be in writing, signed by the prosecuting attorney, and filed in the
county auditor's office. Each deputy thus appointed shall have the same
qualifications required of the prosecutinq attorney, except that such
deputy need not be a resident of the county in which he or she serves.
COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION
Page 7 of 15
3.
4.
5.
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. //
6.
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
Page 8 of 15
(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.
8.
1/
NWhen 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.
NStatutes 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.
N
Page 9 of 15
conduct." City of Seattle v. Koh, 26 Wash. App. 708, 614 P.2d 665
(1980).
II
II
II
II
II
12.
13.
Page 10 of 15
14.
15.
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.
17.
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 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.
Page 11 of 15
perform any of the duties of such officer, without having duly qualified
therefor, 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
Page 12 of 15
no lawful authority.
Third, if the oath is not filed as defined in RCW 65.04.040, it is not part of the
Page 13 of 15
microfilm~ microcard~
Page 14 of 15
"On 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.
II
IN CLOSING
For the foregoing reasons supported by facts, relevant law, statutes, and
Washington court rulings, JESSICA TAYLOR WSBA #32105 should be disbarred and
referred by this body of examiners and mandatory reporters for criminal
prosecution before the appropriate authorities, state or federal.
I declare under penalty for perjury that the foregoing facts, relevant laws relied
upon, legislative mandates relied upon, and conclusions to support this
COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION OF JESSICA
TAYLOR, WSBA #32105, FOR CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL,
OBSTRUCTION OF JUSTICE AND VIOLATING HER SWORN OATH OF ATIORNEY are
true and correct to the best of my knowledge, understanding and belief.
All Rights Reserved
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Washington State}
Stevens County
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a Washington Notary Public, do certify that
Connie LaRue appeared before me and swears under penalty of perjury. that the.,
t t \; r'l J ,
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foregoing IS true.
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Page 15 of 15
INDEX OF EXHIBITS
EXHIBIT 1: TIMOTHY RASMUSSENs various non-compliant-with-state law Oaths of
Office impersonating a COUNTY PROSECUTOR in STEVENS COUNTY and his
OATH OF ATTORNEY.
EXHIBIT 2: JESSICA TAYLORs illegal Appointment as an alleged DEPUTY
PROSECUTOR in STEVENS COUNTY by usurper TIMOTHY RASMUSSEN.
EXHIBIT 3: First two charging instruments CITY OF CHEWELAH v. CONNIE LARUE
Case No. 5Z0133878 & Case No. 5Z0133879.
EXHIBIT 4: MOTION AND MEMORANDUM FOR DISMISSAL showing TAYLOR
conducted an illegal prosecution and violated LaRues rights.
EXHIBIT 5: Order for dismissal of cases No. 5Z0133878 & No 5Z0133879
EXHIBIT 6: New Charge STATE OF WASHINGTON v. Connie LaRue, Case No. P7944
using the same illegal police report to justify re-prosecuting LaRue to extort over $1062.
EXHIBIT 7: WASHINGTON DEPARTMENT OF LICENSING NOTICE OF
SUSPENSION
NOTICE 8: WASHINGTON DEPARTMENT OF LICENSING NOTICE OF
DELINQENCY
NOTICE
There is no evidence that any of the below-named impersonators of a public official
and criminal usurpers of a public office 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. NICKEL
ALLEN C. NIELSON
PATRICK A. MONASMITH
Page 1 of 1
Exhibit 1
Under this Exhibit are TIMOTHY RASMUSSENs
invalid, non-filed, non-compliant with Washington State
Law alleged Oaths of Office but they do not make him
duly qualified. Also find his Oath of Attorney where he
swore he was fully subject the laws of the State of
Washington and will abide by same.
A properly Filed Document will contain evidence of an
Auditor File Number, number of pages, amount of Fee
Paid, and where the document can be located for review.
STATE OF WASHINGTON}
COUNTY OF STEVENS
OATH OF OFFICE
I, ~""'- 1<4....6 W\ lT6 6 e-'1
do solemnly swear (or affirm) that I will
support the Constitution 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 rY'Dset.u-\ \V\
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Cco~
6..
as such duties are prescribed y law, to the est of my ability.
Jov.
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Return Document to:
Stevens County Auditor
215 S Oak, Room 106
Colville, WA. 99114-2836
- ..
OEC .
. .:. ~1,~;3 COUNTY
AUC~TOR
~~~~Fo~~.S~f~e:
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JI.tn.t(7}f.Y.. ~('('Jtd~
SS.
, do solemnly declare:
1. 1 am fully subject to 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 ofthe State of Washington and the constitution of the United States.
3. 1 will abide by the Rules ofProfeSSional Conduct approved by the Supreme Court of the State of Washington.
4. I will maintain the respect due to the courts ofjustice and judicial officers.
5. I will not counsel, or maintain any suit, or proceeding, which shall appear to me to be unjust, or any defense
except as I believe to be honestly debatable under the law, unless it is in defense of a person charged with a
public offense. 1 will employ for the purpose of maintaining the causes confided to me only those means
consistent with truth and honor. I will never seek to mislead the judge or jury by any artifice or false
statement.
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 of the client or with the approval ofthe court.
7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or reputation of a
party or witness unless required by the justice of the cause with which I am charged.
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or oppressed, or
delay unjustly the cause of any person.
. ~. R~
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Judge
."
Exhibit 2
Under this Exhibit is JESSICA TAYLORs invalid
Appointment by RASMUSSEN to the Office of Deputy
Prosecutor. A copy of TAYLORs sworn Oath of
Attorney required by RCW 2.48.210 was unable to be
procured upon public records request to the Supreme
Court. However it is believed that TAYLOR also swore
that she was fully subject the laws of the State of
Washington and will abide by same.
A properly Filed Document (Appointment) will contain
evidence of an Auditor File Number, number of pages,
amount of Fee Paid, and where the document can be
located for review.
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ATTORNEY
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State of Washington
County of Stevens
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CERTIFICATE OF APPOINTMENT
Tim Rasmussen
Stevens County Prosecutor
Exhibit 3
First two charging instruments
CITY OF CHEWELAH v. CONNIE LARUE
Cases No. 5Z0133878 & No. 5Z0133879.
CRIMINAL
Q]TRAFFIC
WA0330100
COURT ORI #: WA033023J
STEVENS COUNTY DISTRICT COURT
DNON-TRAFFIC
5Z0133878
LEA OR! #
IN 1HE QlDlSTRICT
MUNICIPAL COURT OF
nSTArEOFWASHINGTON
nCOUNTYOF
WlCITYfTOWNOF
CHEWELAH
THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON
PHOTO ID MA TCHED
NAME: LAST
FIRST
DNO
LARUEC*527LO
1045 KITT NARL:ISSE RD
LARUE
REPORT #
H1500190
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I VIOLA'nON/STATUTE CODE
46.61.020.1
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2. VIOLAT10NISTATUTE CODE
l. VIOLA nONISTA TUTE CODE
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4. VIOLATION/STATUTE CODE
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1 OF 2
IDATE ISSUED
02-02-15
MANOA TORY APPEARANCE
One of Ihe followinq oplions applies:
MANDA TORY COURT APPEARANCE
APPEARANCE DATE
TIME
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 1 1 . If Ihere is a date in the appearance date box you must appear in court at Illat dale and time.
Q] TICKET SERVED ON VIOLATOR
TICKET REFERRED TO PROSECUTOR
2. If there is a nUnOer in the appearance dale box you musl appear in court wllhin the number of days indicaled.
TICKET SENT TO COURT FOR MAILING
[Z/BOOKED
3. Iflhe appearance dale box is blank
.lhe court WIll notify you in wriling '.'1hen to appear. If you do nol receiv
CRJMINAl CITATION
a nollce wahin filleen (15) days please conlad Ihe court immediately.
_
.
.
.
.
When you appear. you 'Mil be advised of your consiliutional righls and Ihe pOSSible penallies if you are convicted.
You are charged WIth Ihe CrlmelS) deSCribed on Ihls form. You musl respond 10 Ihe court below.
You also may be asked 10 enter a plea of NOT GUILTY or GUlLTY.
RELATED#
hcenseJpnvllege.
RCW 46.20.342(1l[b) Second Deqree Drivinq While Suspended/Revoked (DWLS)
drive a motor vehicle while an order of suspension or revocalion prohibiting such operalion is in effecl. and nol be
oligible 10 reinslate Ihe ticense or driving privilege
RCW 46.20.34211l[c) Third Deqree Drivinq While Suspended/Revoked JDWLS)
drive a motor vehicle while Ihe license or priviege 10 drive is suspended or revoked fOf( 1) railLXe 10 rurnish proof of
f-'-=C-=E=R=T"'FY=-:--U"""N-=D-=E=R-=-P=E"""NA""""L-=TY:-O'"'F'-P""E-R"""JU---=-R-Y-U-N-D"E"R:-T'"'H-=E'"'L-A-W-'S-O"F=T-H=E-S-T-A-T-E-LO-F-W-A-S-H-IN-G-T-O-N-T-H-A-T-I-H-A-V-E-IS-S-U-E-D----lsatisfaclory progress in a required alcoholis m or d' .q trealmenl program: or 121 failure 10 furnish proof of financial
!THIS ON THE DATE AND AT THE LOCATION ABOVE. THAT' HAVE PROBABLE CAU,>E TO BELIEVE THE ABOVE
responsibility pursuant 10 chapler 46.29 RCW: or I~) railure 10 comply wilh chapler 46.29 RCW relaling 10 uninsured
NAMED PERSON COMMITIED THE ABOVE OFFENSEIS). AND I AM ENTERINe- MY AUTHORIZED USER ID Ar-o
'ccidents: or (4) railure to respond 10 a nolice of hallic .nfrachon. failure to appear at a requested hearing. violation 0
PASSWORD TO AUTHENTICATE IT.
a wrilten promise to appear In court. or failure 10 comply wah Ihe terms of a nolice of traffic infraction or cilalion: or
(5) suspension or revocalion in ~nolher state thai would nol resull in suspension or revocation in this slale: or 16)
failure 10 reinslate Ihe driver's license or privilege aller suspension or revocalion in Ihe second degree: or (7) Ihe
OFFJrER J. BOWERS
# 424
person has a suspension under RCW 46.20.267 relating to inlermediate driver's licenses. or any cumhlrliJlion oflhf'
OFl',cER
#
above.
PAGE 1 01
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INFRACTION
Q]TRAFFIC
DNON-TRAFFIC
COURTORI # WA033023J
INFRACTION#: 5Z0133879
IN lHE lZ]DISTRICT
DMUNICIPAL COURT OF
DSTATE OF WASHINGTON
COUNTY OF
LARUE
REPORT#: H1500190
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EMPLOYER
RESIDENllAL PHONE NO.
DA TE OF BIRTH
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06-20-48
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VIOLATION DATE
ON OR ABOUT 02102/2015 20:45
VEH L1C NO
B44102Z
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BLOCK #
STATE
WA
STATE
EXPIRES
01-02-15
EXPIRES
ICITY/COUNTY OF
CHEWELAH/STEVENS
800
ICOLOR
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EXEMPT
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1. VIOLAllONISTATUTE CODE 46. 16A. 030. 5. L
FIRE
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99114
4. VIOLAllONISTATUTE CODE
]PENALTY$
5. VIOLAllONISTATUTE CODE
IPENALTY$
20F2
lDATEISSUED
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02-02-15
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NOnCE OF INFRACTION
This is a non-criminal offense for which you cannol ~o 10 jail.
YOU MUST RESPOND WITHIN FIFTEEN (15) DAYS FROM "THE DATE ISSUED.
Your response must be postmarked bymidnighl of the dayil is due allhe court.
II you do not respond or a ,pear for court hearinqs:
TRAFFIC
NON-TRAFFIC
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ITOTALPENALTY$ 1.186.00
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FJij [-T~:fYrELD-TOE-lVfE-R""G-E-fJe)T\7EHICLE
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RELATED #
COLVILLE WA 99114-2861
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I have enclosed a check or money order. ,n U.S funds. for Ihe amounllisted I understand IhlS will go on my
dnvmg record If "raffic" IS checked. DO NOT SEND CASH. NSF checks Will be trealed as failure 10 respond.
Mitigalion Hearing. I agree' have commilled Ihe infraclion(s). bull wanl a hearing 10 explain Ihe circumslances.
Please send me a court dale. and I prom,se 10 appear on that dale. I know I can ask w,lnesses 10 appear bul
Ihey are nol required 10 appear. I understand IhlS Will go on my driving record if 'traffic" 's checked. The court
may allow lime payments or reduce Ihe penally where allowed by law.
Contested Hearing. I wanllo conlesl (challenge) this infraction. I did nol commillhe infraction. Please send me
a court dale. and I promise to appear on thai dale. The slate must prove by a preponderance oflhe evidence
thai I Lommilled Ihe infraction. 1know I cLln require (subpoena) \"';Inesses. Including the officer who wTole the
Iicketto attend lhe heanng. The court wililell me hIM' 10 requesl a witness's appearance. I undersland Ihis V'JiIl
go on my driving record {I lose and "raffic" is checked.
NOTICE: You may be able to enter into a payment plan with the court under RCW 46.63.110.
.AJ
ICilY:
Telephone: Home:
Dis interpreler needed? Language:
Ix:
At:
Zip Code:
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(SIGNATURE.
5Z0133879
PAGE 1 OF 1
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CO
Exhibit 4
MOTION AND MEMORANDUM FOR DISMISSAL
showing TAYLOR conducted an illegal prosecution and
violated LaRues rights.
COpy
RECEIVED
ORIGINAL FIL~D
APR 14 2015
STEVENS COUNTY
PROSECUTING AnORNEY
DISTRICT COURT
STEVENS COUNTY, WA
10
11
CITY OF CHEWELAIL
Plaintiff,
12
13
14
is
16
NO.: 5Z133878
vs.
CONNIE LA RUE
DOB: 06/20/1948
Defendant.
17
18
19
MOTION
COMES NOW the Defendant, by and through the undersigned counsel of record, and
20
moves the Court to suppress the traffic stop due to want of authority of the arresting officer or, in
21
22
.
the alternative, to dismiss for lack ofjurisdiction ofthe City of Chewelah over the Defendant
23
24
2S
BASIS OF MOTION
This motion is made pmsuant to the testimony put forward at hearing by Officer Bowers
26
27
on April 9, 2015, the law as set forth below, CrRLJ 3.6, CrRLJ 5.1, and the records herein.
28
Colville, WA 99114
509-684-6322
Fax 509-684-3286
I.
Did the arresting officer exercise lawful authority when he arrested the Defendant
RCW 10.93.070 expressly limits those occasions when a peace officer operating
under the laws of the State of Washington may make an arrest outside the bounds ofhis
jurisdiction. It is the understanding of defense counsel that the City will rely uPQn RCW
10
10.93.070*1) to establish that Officer Bowers had authority to operate outside the city
11
limits. That statute permits: "Upon the prior written consent of the sheriff or chief of
12
police whose primary territorial jurisdiction the exercise ofthe powers occurs." RCW
13
10.93.070(1). ''When an officer's authority to act under subsection (1) has been
14
cballenged, it is the [City] which must prove compliance with the statute's requirements."
15
.16
17
At hearing, the City was not able to provide any evidence in support of the
18
proposition that Officer Bowers had authority to operate beyond the bounds of the City 0
19
Chewelah. Following the hearing, the City was able to provide via counsel a signed lette
20
from the Stevens County Sheriff's Office, issued in December 2010, authorizing all law
21
22
23
Stevens County. it would appear that this is sufficient statutorily to render the officer's
24
actions lawful and within the bounds of the authority granted him under State law.
25
However, it does not permit the City authority to prosecute for actions outside its
26
27
28
MOTION AND MEMORANDUM TO SUPPRESS
. AND TO DISMISS COUNT 1
Colville, WA 99114
509-084-6322
Fax 509-684-3286
II.
May the City of Chewelah prosecute the Defendant for alleged conduct that, by
undisputed testimony, took place entirely outside the territorial boundaries of the
City of Chewelah?
4
"Each county, city, and town is responsible for the prosecution, adjudication, sentencing,
The municipal court shall have exclusive original jurisdiction over traffic
infractions arising under city ordinances and exclusive original criminal
jurisdiction of all violations of city ordinances duly adopted by the city
and shall have original jurisdiction of all other actions brought to enforce
or recover license penalties or forfeitures declared or given by such
ordinances or by state statutes. A hosting jurisdiction shall have exclusive
original criminal and other jurisdiction as described in this section for all
matters filed by a contracting city. RCW 3.50.020 (2008).
10
11
12
13
14
15
legislature to violations of the city ordinances, which by definition may only be violated
16
within thejurisdictional boundaries of the municipality. If a city has not adopted a state
17
statute, it lacks the independent authority to prosecute crimes under that statute: "The
18
19
City may not enforce a state law without having first adopted the state law by reference
20
or having adopted a compatible ordinance." City ofAuburn v. Gauntt, 174 Wn.2d 321,
21
22
The City of Chewelah has adopted state misdemeanors as follows: "Titles 9 and
23
24
9A of the Revised Code of Washington and all laws enacted which may add to or
25
supersede said titles are adopted as the criminal code of the city subject to the restriction
26
that only those crimes which fall within the jurisdiction of the District Court of Stevens
27
County for the city shall actually be tried by said court." Chewelah, Washington,
28
MOTlON AND MEMORANDUM TO SUPPRESS
AND TO DISMISS COUNT 1
Municipal Code, 9.04.010. The municipal code also defines the jurisdiction for the city
as ''the area within the territorial limits of the city of Chewel~ Washington."
Chewel~
Thus, the City could prosecute for violations of Title 9 and Title 9A RCW that
occurred within its territorial boundaries. However, by law and statute, the City lacks the
authority to prosecute ordinances and misdemeanors outside the territorial limits of the
city of Chewelah. Per the testimony at hearing on April 9, 2015, of Officer Bowers, he
did not become aware of the illegal conduct for which he stopped the Defendant until he
10
11
was already past the city limits; he initiated the traffic stop beyond the territorial limits of
12
the City of Chewel~ and concluded the traffic stop and made the arrest beyond the
13
14
Even if Officer Bowers had the authority to act, the City of Chewelah still lacks
15
16
~
the authority to prosecute misdemeanors that occur outside the territorial limits of the
17
City of Chewelah. Further, the municipal court lacks jurisdiction to hear a case beyond
18
those same bounds. The municipal court is created and defined by statute; its limits and
19
constraints are defined by the ordinances of the City. The law limits the scope of the
20
City's power to its borders. There is no evidence of any criminal activity within the
21
22
City's statutory authority to prosecute; this failure of evidence places this case finnly
23
outside the bounds of the municipal court's jurisdiction to hear and the City's power to
24
act. Therefore, the case against the Defendant must be dismissed for want ofjurisdiction.
25
RELIEF REQUESTED
26
27
28
. Based on the foregoing, the Defendant respectfully requests that the Court enter an order
of dismissal.
MOTION AND MEMORAIlIOUM TO SUPPRESS
AND TO DISMISS COUNT 1
DATED this
J!i 11-day of 4~
,2015.
2
3
4
7
8
9
10
11
12
13
14
15
16
-17
18
19
20
21
22
23
24
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26
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MOTION AND MEMORANDUM TO SUPPRESS
. AND TO DISMISS COUNT 1
509-084-6322
Fax 509-684-3286
Exhibit 5
Order for dismissal of cases
No. 5Z0133878
&
No 5Z0133879
FILED
IN THE DISTRICT COURT OF THE STATE OF WASHINGTON APR 1 6 2015
DISTRICT COURT
IN AND FOR THE COUNTY OF STEVENS
STEVENS COUNTY, WA
2
3
vs.
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
Defendant
No.5Z0133878
~ DISMISSING CHARGE(S)
EXONERATING OF BAIL
o
o
o
o
The [gJ Plaintiff 0 Defendant 0 Court moved for and the court finds good cause to
Dismiss the Charge(s) of Refusal to Give Information to or Cooperate with Officer
[gJ Dismiss the Conditions of release set forth in the Rule 3.2 Hearing Order
Dismiss the Domestic Violence No-Contact Order
Dismiss the Anti-harassment No-Contact Order
D Exonerate the Bail posted
Dismiss the Deferred Sentence
.J . )
:.'
Dismiss the Deferred Prosecution
. .
For the following reason(s): Pending Further ReVIew and Determination RE: Venue/Jurisdiction
IZJ
D
D
D
D
=
against the Defendant is dismissed with prejudice
IZJ
o
o
o
o
D
23
24
25
26
Reviewedc:nd"A
.;I
.
l . /
DefendantlDefe'ndant's Attorney
27
28
29
Colville, WA 99114
2
3
J 6 2015
5
6
7
9
10
/1
12
13
14
15
16
17
18
/9
20
21
No. 520133879
Plaintiff,
~ DISMISSING CHARGE(S)
For the following reason(s): Pending FurtherReview and Determination RE: Venue/Jurisdiction
o
o
o
o
o
D
D
D
D
22
DATED this
23
l~-t'
~O
Judge/~
24
(.
25
26
# 44789
27
28
./
br//7
!pr-a-\cff\
~ ZG/ZEJ
ant's Attorney
Colville, WA 99114
Exhibit 6
New Charge Notification of Infraction
STATE OF WASHINGTON v. Connie LaRue,
Case No. P7944
using the same illegal police report to justify
re-prosecuting LaRue to extort over $1062.
COPy
0RI
FAX: 509-684-7571
GINAL FILED
MAY 0520'5
DfSTR
I
STEVEN fCT CaUR
TTY: 800-833-6388
I S COUNTY, "c"4
NOTIFICATION OF INFRACTION
Date Mailed: 4/24/2015
Name/Address
Connie LaRue
1045 Kitt Narcisse Rd
Colville, WA 99114
NAY
-------
-------
0 vt~
?n._'J:]
r
. STEVENS CCJUNTY
'JHOr'>Er'lJT'
'
-'
i ,. ::-> o J . hG .6,'IORrJE'(
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.
I choose to pay the penalty and have enclosed full payment in the amount of
2.
J 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,bearing date and how to request that t"'itnesses be present.
'
\. ('
~. 'Sa ~
No:t:1.tL
cA In.\e\.\
$ 1,062.00
-\u(
bylaw.
All traffic infractions must De 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
check~d).
Defendants signature:
Address (if different from above):
--,-
Phone number:
Court
Exhibit 7
WASHINGTON DEPARTMENT OF LICENSING
NOTICE OF SUSPENSION
STATE OF WASHINGTON
DEPARTMENT OF LICENSING
PO Box 9030. Olympia, Washington 98501-9030
CERTIFIED
Notice of Suspension
06/09/2015
ABFf
LA RUE,CONNIE
1045 KilT NARCISSE RD
COLVILLE WA 99114-9711 .
Lie. # LARUEC*527LO
On 07/24/2015 at 12:01 a.m. we will suspend your driving privilege because you failed to respond, appear,
pay, or comply with the terms of the citation below:
Citation number
P00007944
Violation date
02/0212015
Colville WA 99114-2861
(509)684-524.9
2. Don't wait until the last minute. We must receive and process proof that this citation has been resolved
prior to your suspension date. Processing can take 7-10 business days from the date we receive it. Ask the
court to notify us as soon as this matter is resolved.
The Department a/Licensing certifies that this document was mailed via US post office on 0610912015 to the person named herein at the address
shown, which is the last address a/record with the Department.
52987085
Exhibit 8
WASHINGTON DEPARTMENT OF LICENSING
DELINQUENCY NOTICE
509-684-5249
JuneS 2015
414785
CONNIE LARUE
1045 Kitt Narcisse Rd
Colville WA 99 114-9711
Case Number:
Violation Date:
Balance Due:
DELINQUENCY
P00007944 SCS IT
06-05- 15
$ I I 14.00
NOTICE
Se Ie sugiere que page por cheque bancario 0 money order por la razon que cheques personales pueden causar
retrasos sobre el procesos y resolucion en su cuenta. Por favor no manden dinero en efectivo por coreo.
427-HWARMA01-252-1/06/10
*** Please detach the lower portion and return with your payment -k*,.
Y18C5FBCD8
PO Box 505
Linden MI 48451-0505
ADDRESS SERVICE REQUESTED
Case #:
Balance Due:
P00007944 SCS IT
$1114.00
June 5 2015
II, ,'II I, I' 11'1 II 111 11 I' 'II II II'" I II II, 'I 'II, I', ,"I" 111111
0008120024016525855799114971145-1YA1-Y18C5FBC08427
252 - 427
CONNIE LARUE
1045 Kitt Narcisse Rd
Colville WA 991 14-9711
CHEWELAH MPO
CHEWELAH, Washington
991099998
5480520709-0097
06/30/2015 (509}935-8801 10:44:24 AM
Postage
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