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Connie LaRue

1045 Kitt-Narcisse Rd
Colville, Washington 99114
TO: WASHINGTON STATE BAR ASSOCIATION

USPS Cert. Mail 7011 3500000186255615


TO: SUPREME COURT OF THE STATE OF WASHINGTON

USPS Cert. Mail 7011 3500 0001 8625 5592

FIRST COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION

OF NICHOLAS ANDREW FORCE, WSBA #37659 FOR

CRIMINAL IMPERSONATION OF A DEPUTY PROSECUTOR,

OBSTRUCTING JUSTICE AND

VIOLATION OF HIS SWORN OATH OF ATIORNEY

Connie LaRue, Complainant, relies on the following relevant facts, statutes, and court rulings
from the courts of Washington state and United States, in making this complaint.
FACTS:

1.

I\IICHOLAS AI\IDREW FORCE, WSBA #37659, (hereafter FORCE), was "appointed" on


December 31, 2014, to the public office of STEVENS COUNTY DEPUTY PROSECUTOR
by TIMOTHY RASMUSSEN WSBA #32105. RASMUSSEN failed to duly qualify for the
office of STEVENS COUNTY PROSECUTOR, is impersonating a public official, and was
without authority to appoint FORCE to any office.

2.

There exists no evidence that FORCE could be duly qualified for the office or perform
such duties.

3.

FORCE has been illegally acting as DEPUTY PROSECUTOR and unquestionably


executing RASMUSSEN's illegal "orders" .

4.

Providing RASMUSSEN had "duly qualified" for the office of STEVENS COUNTY
PROSECUTOR, the following RCW would have applied.
RCW 36.27.040 Appointment of deputies - Special and temporary
deputies. "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 prosecuting attorney...
/I

FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

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5.

What does not appear does not exist. It is believed that for this very reason, FORCE's
Appointment was never legitimately or legally filed, (RCW 65.04.015(2)), into the
official public records, (RCW 65.04.015(2), (3)), with evidence of Fee Paid (RCW
65.04.030 (3)), for the filing and an Auditor's File Number assigned (RCW 65.04.015
(4)) because RASMUSSEN was without lawful authority to make the appointment.

6.

It was FORCE's duty to vet and verify that RASMUSSEN (his Superior) was in fact a
duly-qualified COUNTY PROSECUTOR at the time of accepting the alleged
"appointment".

7.

FORCE obediently carried out his Superior's (RASMUSSEN's) illegal orders to


prosecute Citizens of STEVENS COUNTY and has conducted hundreds, perhaps
thousands, of illegal "prosecutions" by fraud and deception, passing off a simulated
legal process as legitimate legal process, resulting in the deprivation of people's
property through unauthorized fines and their lives through illegal imprisonments.

8.

FORCE, in his individual capacity, must accept unlimited liability for all actions.
"Ignorance of the law does not excuse". Blindly following illegal orders of a superior
does not absolve of personal liability.

9.

FORCE is a WASHII\JGTOI\J STATE BAR member with an OATH OF ATIORNEY who has
ignored the law and its requirements to "duly qualify" for which he should be
disbarred.

10.

FORCE swore an OATH OF ATIORNEY (see RCW 2.48.210) which is on file with the
WASHINGTON SUPREME COURT, which states 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 Prafessional Conduct approved
by the Supreme Court of the State of Washington"; among others.
11.

FORCE has illegally usurped a public office (DEPUTY PROSECUTOR) from the time of
his first illegal "appointment" by the criminal usurper RASMUSSEN who has been
impersonating the STEVENS COUNTY PROSECUTOR.

I 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

FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

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12.

FORCE's occupation of an office he is not legally authorized to possess is prima facie


evidence that he is an illegal usurper of a public office.

13.

FORCE participated in an illegally simulated legal process against Connie LaRue in


STEVEi'JS COUNTY DISTRICT COURT, Cases No. 5Z0133878 and No. 5Z0133879 using
a false report from a criminal actor impersonating a CITY OF CHEWELAH police
officer named JOHNATHAN LLOYD BOWERS who, without authority, "stopped and
ticketed" LaRue outside the jurisdiction of the CITY OF CHEWELAH.

14.

The above illegally commenced cases were dismissed because the CITY OF
CHEWELAH was not a proper jurisdiction against LaRue.

15.

FORCE knew or should have known, from the unauthorized BOWERS "police" report,
that to participate in the illegal prosecution of LaRue by the CITY OF CHEWELAH was
a violation of LaRue's due process rights and a form of punishment by compelling
LaRue to defend against multiple illegal prosecutions.

"A court's jurisdiction... may be lost 'in the course of the proceedings'... If
this requirement of the... [Bill of Rights] is not complied with, the court no
longer has jurisdiction to proceed. The judgment... pronounced by a court
without jurisdiction is void..." Johnson v. Zerbst, 304 US 458, 468.
16.

FORCE's participation in the prosecution of LaRue based upon a false "police report",
in conspiracy with other impersonators in public office in STEVENS COUNTY, is
2
further evidence of a Racketeer Influenced Criminal Organization (RIC0 ) operating
in STEVENS COUNTY.

17.

LaRue has been falsely arrested, falsely imprisoned in the county jail and other such
illegal acts by this organized RICO enterprise in STEVENS COUNTY.

18.

LaRue believes she was targeted and then punished - by arrest for nearly 24 hours
with her car impounded and then held for ransom - for exercising her right to travel
to a safe and well-lighted area before stopping because STEVENS COUNTY is
renowned for its recent rash of rapist "officers of the law".

19.

While still criminally impersonating a county DEPUTY PROSECUTOR, FORCE remains


in a position to participate in the "re-charging" of LaRue in STATE OF WASHINGTON
v. Connie LaRue (STEVENS COUNTY DISTRICT COURT No. P7944).

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 pm1 of an ongoing criminal organization.

FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

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20.

LaRue remains under threat, duress and coercion, and suffers the continuing
deprivation of her time, energy and meager finances.

21.

LaRue attempted to file an Application for Writ of Prohibition, Injunction and Show
Cause Order with the WASHII\lGTON SUPREME COURT that clearly established she
would be unable to obtain justice in STEVENS COUNTY which Application was
rejected because a "state officer" was not a party to the complaint.

22.

LaRue re-filed the same Application for Writ of Prohibition, Injunction and Show
Cause Order with different heading to the STEVENS COUNTY SUPERIOR COURT
demanding a duly-qualified SUPERIOR COURT JUDGE hear the case and giving the
CLERK OF COURT 20 days to find and assign a duly-qualified judge.

23.

NIELSON, impersonating a SUPERIOR COURT JUDGE, 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 hampering and obstructing LaRue's ability to have her
Application for a Pre-emptory Writ of Prohibition, Injunction, and Show Cause Order
heard in a legitimate court of record by a duly-qualified judge. Nielson is obstructing
justice which is a denial of due process.
24.

All the while LaRue has been unable to obtain justice in the STEVENS COUI\lTY
DISTRICT COURT and STEVENS COUNTY SUPERIOR COURT, the WASHINGTON
DEPARTMENT OF LICENSING has continued to infringe upon LaRue's unalienable
right to travel by moving forward and issuing a NOTICE OF SUSPENSIOI\l.

25.

FORCE's participation in this RICO enterprise in STEVENS COUI\lTY may result in


LaRue being stopped, assaulted, kidnapped and falsely imprisoned a second time
should her right to travel once again be infringed by a license suspension in spite of
the fact that LaRue has not been found guilty of anything and has not had her day in
court.

26.

An honest audit by the STATE AUDITOR's OFFICE would expose that hundred if not
thousands of Citizens of STEVENS COUNTY have been deprived of their unalienable
rights of life, liberty and property through illegal fines and/or incarceration though
FORCE's actions in conjunction with other co-conspirator usurpers of public office.

27.

In total disregard for the law, FORCE has repeatedly violated his sworn OATH OF
ATIORNEY.

28.

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

FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

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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.

fJ m f!ot?J{

I,
flt2L
,a Washington Notary Public, do certify that Connie LaRue
appeared before me and swears under penalty of perjury that the foregoing is true.

FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE

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RElEVANT LAW RELIED UPON IN SUPPORT OF THIS COMPLAINT:

"We have no officers in this government fram 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 general definitions necessarily incident to fundamental law
found in the Constitution, the larger portion of them are the creation of
statutory law, with duties and powers prescribed and limited by law./I [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."
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.
liThe 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 cammencement
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.
/I

Washington Attorney General Opinion - AGO 63-64, no. 17.

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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.

RCW 36.27.040 Appointment of deputies - Special and temporary deputies.

"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 gualifications reguired of the prosecuting
attorney, except that such deputy need not be a resident of the county in which he or
she serves. The prosecuting attorney may appoint one or more special deputy
prosecuting attorneys upon a contract or fee basis whose authority shall be limited
to the purposes stated in the writing signed by the prosecuting attorney and filed in
the county auditor's office. Such special deputy prosecuting attorney shall be
admitted to practice as an attorney before the courts of this state but need not be a
resident of the county in which he or she serves and shall not be under the legal
disabilities attendant upon prosecuting attorneys or their deputies except to avoid
any conflict of interest with the purpose for which he or she has been engaged by the
prosecuting attorney. The prosecuting attorney shall be responsible for the acts of his
or her deputies and may revoke appointments at will."

3.

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

4.

"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).

5.

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."
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 principals are required to be filed."

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7.

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.
8.

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.
"Provision requiring payment of fees in advance is mandatory./I 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./I Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,
675 P.2d 732.

IIDay 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.
O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.
9.

RCW 65.08.150 Duty to Record: A recording officer, upon payment or tender to him

or her of the lawful fees therefor, shall 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.
10.

IIWhen legislative body provides definitions for statutory terms, it is that


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

IIWhere 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.

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11.

Legislative Definitions (summation) of "FILE", "F/LED", or "FILING" and "RECORD",

"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" Ilof each instrument in the
public records II Ilaccessible in the same recording office where the instrument
containing the reference to the location is found. I'
12.

RCW 5.44.040 Certified copies of public records as evidence.

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.]

13.

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 neqlect to perform such duty, except where
otherwise specially provided for, shall be a misdemeanor.
14.

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


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

15.

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.

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 dulv qualified as required by law, ..., shall be guilty of a gross
misdemeanor.

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17.

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 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;
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 ... " Wilfullness 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 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

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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 ...
J}

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
(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 50 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

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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.
Previouslv 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 arronged according to date of filing, irrespective of type of
instrument, or in such other manner as the county auditor or recording officer
deems proper.
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 of 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; 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) "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 accurocy of the accounts
and reports."
IN CLOSING

For the foregoing reasons supported by facts, relevant law, statutes, and Washington court
rulings, NICHOLAS ANDREW FORCE, WSBA #37659, 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. NICHOLAS
ANDREW FORCE's CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL, OBSTRUCTION OF

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JUSTICE AND VIOLATING HIS SWORN OATH OF AITORNEY warrants this COMPLAINT FOR
DISBARMENT AND REFERRAL FOR PROSECUTION.

All Rights Reserved

Connie LaRue, Affiant

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INDEX OF EXHIBITS
EXHIBIT 1: TIMOTHY RASMUSSENs non-compliant-with-state law Oath of Office
who is impersonating a COUNTY PROSECUTOR in STEVENS COUNTY and his OATH
OF ATTORNEY.
EXHIBIT 2: NICHOLAS FORCEs 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 in which FORCE
participated in an illegal prosecution and violated LaRues rights.
EXHIBIT 5: Order for dismissal of cases No. 5Z0133878 & No 5Z0133879 (See FORCEs
signature on Order denying Motion for Dismissal with prejudice.
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 public officials
and criminal usurpers of a public office is 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.

Any document required by law to be recorded or


required by law to be filed must contain evidence
as viewed to the right.

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. This "oath" has not been
made a part of the official public
record. This "oath" is just a
worthless piece of paper.

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\
~rf..\lL
Cco~
6..
as such duties are prescribed y law, to the est of my ability.

Jov.

Subscribed and sworn to before me thisZ day of

,2

Oe~

01,'1.

I~
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:
I,

~.

(}-"
~-'_. J
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~

_~~..(...S..::'ignature)

.,

~
, 2c1?~ ..
Judge

."

Exhibit 2
Under this Exhibit is NICHOLAS ANDREW FORCEs
invalid Appointment by RASMUSSEN to the Office of
Deputy Prosecutor. A copy of FORCEs 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 FORCE also swore that
he 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.

Any document required by law to be recorded or


required by law to be filed must contain evidence
as viewed to the right.

STEVENS COUNTY PROSECUTING

ATTORNEY

State of Washington

County of Stevens

) ss
)

CERTIFICATE OF APPOINTMENT

I, Tim Rasmussen, Prosecuting Attorney of Stevens County, State of Washington,


having special confidence in Nicholas Force, do hereby constitute and appoint Nicholas
Force Deputy Prosecutor of said County, State of Washington, until revoked by me,
which appointment shall thereafter cease and be null and void.
IN TESTIMONY WHEREOF, I have hereunto set my hand this 31 day of
December 2014.

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

DRIVER'S LICENSE NO.

DNO

LARUEC*527LO
ADDRESS
1045 KITT NARL:ISSE RD

LARUE

REPORT #

H1500190

=i

. PLAIIHIFF VS NAMED DEFENDANT


MIDDLE

-i

SFX

(5

COL
DYES[ZjNO

CONNIE

Z
It

en
COLVILLE

99114

<'0
(0

CYJ
----I
CYJ

RESIDENTIAL PHONE NO.


M.P.
....... ,,,"-','\".................

V L J V " ... VloJ<ItoV.""?oJ

VEH L1C NO

'J

jl'\LI.I.'n"

Il-n,'1'V.

STATE

WA

01-02-15

TR#l L1CNO

STATE

EXPIRES

1985

I~OOEL

TOYOTA

PU

TRYR

ITR#2 L1CNO

STATE

'_.IL-.. . . .

uvu

ICOLOR

ITRYR

=:

99114

JBAC

COMMERCIAL

VEHICLE

EXEMPT
VEHICLE

=
-==-

FIRE
LEA

;;;;;;;;;;

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES

I VIOLA'nON/STATUTE CODE

46.61.020.1

UD v

\7EH OPR-REFUSE COMPLY POLICE

DD-V

2. VIOLAT10NISTATUTE CODE
l. VIOLA nONISTA TUTE CODE

DDV

4. VIOLATION/STATUTE CODE

[]DV

5. VIOLATIONISTATUTE CODE

DDV

-=-"1

;;;0

ISTYLE
PICKUP
IEXPIRES

-U
0

L.T"'\'U_' ..... VL.-I,._

ZIP CODE

1045 KITT NARCISSE RD

1045 KITT NARCISSE RD

NO

,BLOCK#

CONNIE L SCHLEICHE~

OWNER/COMPANY IF OTHER THAN DRIVER


ADDRESS

ACCIDENT

II., .... 1''I'''''''''~11I

DID OPERATE THE FOLLOWING VEHICLEIMOTOR VEHICLE ON A PUBLIC HIGHWAY AND


VEHYR
IMAKE

EXPIRES

B44102Z

....... uvnl

---

I
r

;;;;;;;;;;

;;;;;;;;;;

=:

-I

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#

STEVENS COUNTY DISTRICT COURT


215 S OAK. ROOM 213
COLVILLE WA 99114-2861
ourt Conlacl Info:
Phone 1: 15091684-5249
Website. wwwco slevens wa.usldislcourtlindex.htm
.
..
.

IF RCW LISTED APPEARS BELOW PLEASE READ


RCW 46.61.502 Drivinq Under the Influence fOUII
dnve a molor vehicle and p,lher: have a 0.08 or higher brealh or blood alcohol concentration or THC concenlralion of
5.00 or higher within 2 hours afler driving or be under Ihe influence of or affected by liquor. marijuana. or any drug. 0
IF YOU DO NOT APPEAR this may result a combination of 'quor. mdrlJuana. and any drug.

in a warrant for your arr-;Sl and .. .


RCW 46.20.342(1l[a) First Deqree Drivinq While Suspended/Revoked JDWLS)

d~te~tl~n on Jail. A:SO, If "Tra::.c '~


be an habiluallraffic offend~' and drive a motor vehicle wh~e an order or revocalion Issued under chapler 46.65

Ice<: e you may oseyour IVeI" s


I~cwprohibiting such o""'dllon is in effect.

hcenseJpnvllege.
RCW 46.20.342(1l[b) Second Deqree Drivinq While Suspended/Revoked (DWLS)

I ~;.,~~.Cit3tions may go on your driving

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

r
J>

:;u
C

o
o
z
z

m
o

(J)

F\.)

l'

X>

INFRACTION

Q]TRAFFIC

LEA ORI #: WA0330100

DNON-TRAFFIC

COURTORI # WA033023J

INFRACTION#: 5Z0133879

IN lHE lZ]DISTRICT
DMUNICIPAL COURT OF
DSTATE OF WASHINGTON
COUNTY OF

STEVENS COUNTY DISTRICT COURT


lZ]CITYITOINN OF
CHEWELAH
THE UNDERSIGNED CERTIFIES AND SAYS THAT IN THE STATE OF WASHINGTON
FIRST
DRIVER'S L1CE-N-S-E-N-O-.-----~ls,."T,."A",TE~IE,...X...,P-IR-E-S-~I-PH-O'"'T'"'O-IDMATCHED I NAME: LAST

LARUE

REPORT#: H1500190

"
::u

PLAINTIFF VS. NAMED DEFENDANT

l>

MIDDLE

SFX

CONNIE

COLVILLE

-t

CDL
DYES [ZINO

Z
It
U-,
N

99114

EMPLOYER
RESIDENllAL PHONE NO.

DA TE OF BIRTH
IRACE
06-20-48
W
VIOLATION DATE
ON OR ABOUT 02102/2015 20:45
VEH L1C NO
B44102Z
TR#1 LICNO
. __ .

MP
BLOCK #

STATE
WA
STATE

DID OPERATE THE FOLLOWING VEHICLE/MOTOR VEHICLE ON A PUBLIC HIGHWAY AND


VEHYR
I~AKE
I~ODEL
1985
TOYOTA
PU
TRYR
ITR#2 L1C NO
STATE

EXPIRES
01-02-15
EXPIRES

ICITY/COUNTY OF
CHEWELAH/STEVENS

800

ICOLOR

WTYLE
PICKUP
IEXPIRES

ITRYR

CONNIE L SCHLEICHER
-:::cST:::cA:-::T:;:E-'lhZI"'Pc::CC;;O"'D-==E---------

II

ICOLVILLE

WA

EXEMPT
VEHICLE

VEH SPEED
IN A
ZONE
1. VIOLAllONISTATUTE CODE 46. 16A. 030. 5. L

FIRE
LEA

99114

DID THEN AND THERE COMMIT EACH OF THE FOLLOWING OFFENSES


ISMD L~ I IAIRCRAFT
FL RENEW:-.-'=Eo-!:Xii:p;;ilR =-E=D=-=R-=E'"'G=--<=---=2-=M=T==H.."S=---------------------------rI,,-PE=-NA-LTY-,-,$,----;1'""2,.,-4--;;.0'""0-!PENALTY$
[PENALTY $

4. VIOLAllONISTATUTE CODE

]PENALTY$

5. VIOLAllONISTATUTE CODE

IPENALTY$

20F2

lDATEISSUED

o
o

-_ .........

02-02-15

IIIMlt,

~,Ill

IHI-::.I:\rr-nfWr'-IHII,W.I(!t'lllIi\lII-//\V/-I:,,IILn IIII:-.'Jt~ rHI 11/',rlAN[I' i rrll


,'\1 IIHUI,'I/[I 11):...1 I,' If 1"\~JlII'.-'\:-,:::v'\.'UI"[1 I OAl.IIIII:Jlrtc /\ll-If

,....,

TICKET SERVED ON VIOLA TOR

"

~~~

D TICKET REFERRED TO PROSECUTOR

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

The court will find Ihal you commilled Ihe infradion.

The court w;1I find Ihat you commilled Ihe Infraclbn.

You may lose your dnve(s license privileqe.

II is a crime and will be treated accordingly.

Your penany will be increased.

Yo..- penally may be increased.

Failure 10 pay may rec'Jll in a referral of your case to a

Failure to pay may resull in a referral of your case 10 a


collection agency.
I
collection agency.
Check one orthe 3 boxes to the right, sign, date, and mail this fonn to:
Court conlacl information:
Phone 1: (5091684.5249
STEVENS COUNTY DISTRICT COURT
Website: YMIW.co.stevens.wa.us/distcourVindex.htm
To make online payments by credit card, please go to
215 S OAK. ROOM 213
www.stevenstix.com.

l\j(

fI,!tOl\lI\Wl'vE. l"Irr,IIII!\\/1 l'r"')lJi\J"iL[(

~"ll:'(

lJ

=~

-==-=
----==
----

1,062.00

===

!iii!!!

==

lour til 'II nn {.IJl;1'1 11 .. fllllr'l",~~.i."'1

......',' .... 1.."

TICKET SENT TO COURT FOR MAILING

I,

==

!iii!!! 0

ITOTALPENALTY$ 1.186.00

rlll~t,'\v"'/H
r'~

---.J

_I

!iii!!!

3 VIOLAllON/STATUTE CODE

It I IHll','lll>.Jrrrl\1'[ Nl\l Ii" (~ I'III'JIII,", IINll[F


i iMMl1 rrri 1111 /dJeNI
'. if I-[N:! (:-1. :\fH.11 ;'.M l

en
rD

===

FJij [-T~:fYrELD-TOE-lVfE-R""G-E-fJe)T\7EHICLE

2 VIOLAllONISTATUTE CODE 46.61.210

." " ..... L..., .....

0-l

'

jCiTv

RELATED #

IWORK PHONE NO.

CELLIPAGER PHONE NO.

COLVILLE WA 99114-2861

o
o

"
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

My mailing address is: (PLEASE PRINT)


Name:
Streel or PO Box
Slate:
Work:

ICilY:
Telephone: Home:
Dis interpreler needed? Language:

Ix:

At:
Zip Code:

o
o
z
z

;T1

o
m
N

(SIGNATURE.

5Z0133879
PAGE 1 OF 1

-f:>

CO

Exhibit 4
MOTION AND MEMORANDUM FOR DISMISSAL
wherein FORCE participated in an illegal prosecution and
violated LaRues rights.

COpy

RECEIVED

ORIGINAL FIL~D

APR 14 2015

STEVENS COUNTY

PROSECUTING AnORNEY

DISTRICT COURT

STEVENS COUNTY, WA

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF STEVENS

10

11

CITY OF CHEWELAIL

Plaintiff,

12

13

14

is
16

NO.: 5Z133878

MOTION AND MEMORANDUM TO

SUPPRESS AND TO DISMISS COUNT 1

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

with respect to the alleged course of conduct.

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

MOTION AND MEMORANDUM TO SUPPRESS

AND TO DISMISS COUNT 1

GOLDEN LAW OFFICE P.L.LC.

298 S. Main, Ste. 203

Colville, WA 99114

509-684-6322

Fax 509-684-3286

LAW AND ARGUMENT

I.

Did the arresting officer exercise lawful authority when he arrested the Defendant

beyond the territorial boundary of the City of Chewelah?


4
5
6
7

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

Ghaffari v. Department ojLicensing, 62 Wn.App.870, 875, 816 P.2d 66 (Div 1 1991).

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

enforcement agencies in Washington State to operate under the Sherriff's authority in

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

authority or for its municipal court to extend jurisdiction to such actions.

28
MOTION AND MEMORANDUM TO SUPPRESS
. AND TO DISMISS COUNT 1

GOLDEN LAW OFFICE P.L.LC.


298 S. Main, Ste. 203

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,

and incarceration of misdemeanor and gross misdemeanor offenses committed by adults

in their respective jurisdictions." RCW 39.34.180(1),(emphasis added).

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

the authority ofthe municipal court is directly limited by the Washington

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

323,274 P.3d 1033 (2012).

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

GOLDEN LAW OFFICE P.LLC.


298 S. Main, Ste. 203
Colville, WA 99114
509-684-6322
Fax 509-684-3286

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~

Washington, Municipal Code, 1.04.010(A).


4

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

territorial limits ofthe City of Chewelah.

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

GOLDEN LAW OFFICE P.LLC.


298 S. Main, Ste. 203
Colville, WA 99114
5Q9..684..a322
Fax 509-684-3286

DATED this

J!i 11-day of 4~

,2015.

2
3
4

Tereno, WSBA# 43245


Defendant

7
8
9
10
11

12
13
14
15
16
-17

18
19
20
21
22
23

24
25

26
27
28
MOTION AND MEMORANDUM TO SUPPRESS
. AND TO DISMISS COUNT 1

GOLDEN LAW OFFICE P.LLC.


298 S. Main, Ste. 203
CoMIIe, WA 99114

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

IZJ CITY/TOWN OF CHEWELAH


Plaintiff,

vs.

6
7
8
9

10
II
12

13

14
15
16
17
18
19

20
21

22

CONNIE LARUE, a/k/a Connie LaRue

Defendant

No.5Z0133878

MOTION AND ORDER

~ DISMISSING CHARGE(S)

[Z] DISMISSING 3.2 CONDITIONS


,
DISMISSING DV NO-CONTACT ORDER
DISMISSING AH NO-CONTACT ORDER

EXONERATING OF BAIL

DISMISSING DEFERRED SENTENCE


DISMISSING DEFERRED PROSECUTION

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

NOW, THEREFORE, IT IS ORDERED that:


[gJ The charge(s) are dismissed D with prejudice ~ without prejudice
All conditions of release entered in the Rule 3.2 Hearing Order, and any modifications or
supplements thereto, are hereby dismissed.
The Domestic Violence No-Contact Order is hereby dismissed
The Anti-Harassment No-Contact Order is hereby dismissed
Any bail/bond posted herein shaJ.1 be exonerated.
The finding of guilt is withdrawn and the cause is dismissed with prejudice.

The deferred prosecution herein is terminated and the charge(s) of


_

=
against the Defendant is dismissed with prejudice

D The Defendant forfeits any property interests in any evidence seized.

IZJ

o
o
o
o

DATED this \G~ day of April, 2015.

23
24

25

26

Reviewedc:nd"A

.;I
.
l . /
DefendantlDefe'ndant's Attorney

27

28

STEVENS COUNTY PROSECUTING ATTORNEY

29

215 S. Oak Street, Room 114

Colville, WA 99114

(509) 684-7500 fax (509) 684-7589

IN THE DISTRlCT COURT OF THE STATE OF WASHINGT~~R.

TN AND FOR THE COUNTY OF STEVENS

J 6 2015

;'" DI~,! /--:ICT COURT

STEVEN;:; COUNTY, WA

cg] CITY/TOWN OF CHEWELAH

5
6
7

9
10
/1

12
13
14
15

16

17
18
/9

20
21

No. 520133879

MOTION AND ORDER

~ DISMISSING CHARGE(S)

DISMISSING 3.2 CONDITIONS


vs.

DISMISSING DV NO-CONTACT ORDER


DISMISSING AH NO-CONTACT ORDER
EXONERATING OF BAIL

CONNIE LARUE, a/k/a Connie LaRue


Defendant

D DISMISSING DEFERRED SENTENCE


DISMISSING DEFERRED PROSECUTION
The ~ Plaintiff 0 Defendant D Court moved for and the court finds good cause to
k8J Dismiss the Charge(s) of Failure to Yield Right of Way to an Authorized Emergency Vehicle and
Failure to Renew Expired Vehicle License Less than two (2) Months Old
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
Exonerate the Bail posted

Dismiss the Deferred Sentence

Dismiss the Deferred Prosecution .


.

For the following reason(s): Pending FurtherReview and Determination RE: Venue/Jurisdiction
Plaintiff,

o
o

o
o
o

D
D

NOW, THEREFORE, IT IS ORDERED that:


[gJ The charge(s) are dismissed
with prejudice k8J without prejudice
0 All conditions ofreJease entered in the Rule 3.2 Hearing Order, and any modifications or
supplements thereto, are hereby dismissed.
The Domestic Violence No-Contact Order is hereby dismissed
The Anti-Harassment No-Contact Order is hereby dismissed
Any baillbond posted herein shaJJbe exonerated.
The finding of guilt is withdrawn and the cause is dismissed with prejudice.
The deferred prosecution herein is terminated and the charge(s) of
-------------=
against the Defendant is dismissed with prejudice
The Defendant forfeits any property interests in any evidence seized.

D
D

22

DATED this
23

l~-t'

day of April, 2015.

~O
Judge/~

24

Reviewed and Approved

(.

25

26

# 44789

27

Jessica L. Taylor, WSB


36248/

Deputy Prosecuting Attorney

28

./

br//7

!pr-a-\cff\

~ ZG/ZEJ
ant's Attorney

STEVENS COUNTY PROSECUTING ATTORNEY

215 S. Oak Street, Room 114

Colville, WA 99114

(509) 684-7500 fax (509) 684-7589

2
3
4

5
6

IN THE DISTRICT COURT OF THE STATE OF WASHINGTON

IN AND FOR THE COUNTY OF STEVENS

8
9

D STATE OF WASHINGTON

C It.tw e ICA !,

[2a CITY/TOWN OF
Plaintiff,

10

ORDER
vs.

II
12

13
14

Defendant
o~ r;",J~. r
1.
BASIS
~
,It- I
The &tate Bf "VasAiftgten moves the court for an order JI1oefl. ~;" I
w.J~~ Jfrq/~/:CR
t<J
~
c!.t;",.sr.. )
t.J. f~
II~('...~ Ce

J, (""

15
16
17

18

II.
FINDING
Vb
After reviewing the case record to date, and the basis for the motion, the court finds good causes exists

~----------------------------------

19

20
21

22
23

m.

~I

IT IS ORDERED that

~,-h

DATED this

ORDER

/ II
'

S~~dayof T}~

'11.

Ot'c./

,..,..,,+.~

R.u./,.... ~

J~

,201$.

24

.Agreed by:

2S
26

27

28
29

Defendant
Saundra D. Klchartz WSBA #44789

Deputy Prosecuting Attorney

P,t-k6('!

'f6rC~

COPIES SENT TO:


[0'/PROSECUTOR

O/ATTORNEY

/DEFENDANT

D/PROBATION

D/JAIL
CLERKS INIT.

0/911
D/oTHER

STEVENS COUNTY PROSECUTrNG ATIORNEY


215 S. Oak Street. Room 114
Colville, WA 991 14
(509) 684-7500 fax (509) 684-7589

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

STEVENS COUNTY DISTRICT COURT


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

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

Case No.: P7944

-------

Amount Due: $1,062.00


Date Due: 5/9/2015

-------

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

.\0 J\.pr'.M ~ -\-k was\.\;I-.~teN\. S~le.:rt\.e c.o~

-\u(

If you do not respond by 5/9/2015


, the court m\ist 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 ~equired
~

bylaw.

~'i~~()"""' l0".~ ,,~ WO~tA-tO"V\.J~~~ ot~ ~h.e~ 0.-a~


D"'I'ae.~
Rt-ul 1- \ \., .~<bP O\VWL t. \ Ie., '3\0

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

Clerk:~....o ill, \JJ--.


J

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

Reason for Citation


Fail To Yield-Emgy Veh

What do I have to do?


1. Use the contact information below to find out how to take care of this citation:
Stevens Co Dist Ct District Court

215 SOUTH OAK

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.

Will DOL notify my state of record?


Washington State will notify your state licensing department about this Washington suspension. It is your
responsibility to check with your state of record.
What happens if I don't resolve it?
Your driving privilege will be suspended and any Washington driver license or permit, including
occupational (ORL) or ignition interlock licenses (IlL), will not be valid. Your license must be returned
to Department of Licensing, PO Box 9030, Olympia, WA 98507-9030. You will be charged a non
refundable reissue fee, along with other applicable fees, to get your license back.
What other options are available?
You can contest this action by returning the enclosed form or a written request postmarked within 15 days
from the date of this notice.
We suggest that you always check the status of your driving privilege before you drive. Find out more at
www.dol.wa.gov or by calling Customer Service at 360-902-3900.
Driver Records

Authority: RCW 46.20.289

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.

We are committed to providing equal access to our services.

Ifyou need accommodation, please call 360-902-3900 or TTY 360-664-0116.

52987085

Exhibit 8
WASHINGTON DEPARTMENT OF LICENSING
DELINQUENCY NOTICE

STEVENS COUNTY DISTRICT CO


215 S OAK ROOM 213
COLVILLE WA 99114

509-684-5249

JuneS 2015

414785
CONNIE LARUE
1045 Kitt Narcisse Rd
Colville WA 99 114-9711

RE, FAIL TO YIELD TO EMERGENC

Case Number:
Violation Date:
Balance Due:

DELINQUENCY

P00007944 SCS IT
06-05- 15
$ I I 14.00

NOTICE

YOU MUST PAY IN FULL WITHIN 30 DAYS OF MAILING.


Your account balance is past due and needs your immediate attention. Ifpayment in full is not received within 30 days,
your account will be assigned to Armada Corp. and may be reported on your credit bureau files. In addition, a collection
fee will be assessed pursuant to the provisions ofRCW 19.16.500. Depending on your balance, the additional costs may
range from 40% to 100% of the current amount due.
Please remit the full amount owing. If you have any questions regarding your balance you may call 509-684-5249.
It is suggested that you pay with cashier's check or money order as payment by personal check may cause delays in
processing/resolution of this account. Do not send cash.
USTED DEBE DE PAGAR LA DEUDA ENTERA DENTRO DE 30 DIAS DEPUES DE QUE RECIBAN ESTA
CARTA.
Su saldo de cuenta esta sobre pasada y necesita su atenci n inmediata. Si el pago no es recibido dentro de 30 d as, su
cuenta ser asignada a Armada Corp. Y puedemos informales a sus archivos de la oficina del cr dito. Adem s, un honorario
de colecci n sera argregara de acuerdo con la ley de RCW 19.16.500. Dependiendo con su balance, los costos adicionales
pueden recorrer de 40% a 100% de la cantidad actual debida.
Remita por favor la cantidad que debe. Nota: Si usted ya tiene un plan de pagos en existencia este nueva multa NO es
incluida. Si usted tiene cualquier pregunta sobre su cuenta 0 sobre su balance por favor de llamar al 509-684-5249.
Gracias.

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

111111111111 11111111111 11111111111111111111 ""1111111111111

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

STEVENS COUNTY DISTRICT CO


215 S OAK ROOM 213
COLVILLE WA 99114


CHEWELAH MPO
CHEWELAH, Washington
991099998
5480520709-0097
06/30/2015 (509}935-8801 10:44:24 AM

u.s. Postal ServiceTM


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- - - - - Sa! es Recei pt Product


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Expected De Ii very: Fl'i 07/03/15
@@ Certified Mail
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USPS Certified Mail #:
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Total:
Paid by:
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Change Due:

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$6.85

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July 6, 2015 , 8:01 am

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OLYMPIA, WA 98501

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Available for Pickup

OLYMPIA, WA 98501

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OLYMPIA, WA 98501

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Arrived at USPS Origin


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TACOMA, WA 98413

July 1, 2015 , 4:16 am

Departed USPS Facility

SPOKANE, WA 99224

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SPOKANE, WA 99224

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CHEWELAH, WA 99109

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Washington Supreme Court


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