Force 1st Complaint Disbarment/Prosecution To WASHINGTON STATE BAR ASSOCIATION
Force 1st Complaint Disbarment/Prosecution To WASHINGTON STATE BAR ASSOCIATION
Force 1st Complaint Disbarment/Prosecution To WASHINGTON STATE BAR ASSOCIATION
1045 Kitt-Narcisse Rd
Colville, Washington 99114
TO: WASHINGTON STATE BAR ASSOCIATION
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.
2.
There exists no evidence that FORCE could be duly qualified for the office or perform
such duties.
3.
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
Page 1 of 13
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.
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
Page 2 of 13
12.
13.
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.
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
Page 3 of 13
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.
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.
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
Page 4 of 13
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
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
Page 5 of 13
"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
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 6 of 13
1.
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 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.
4.
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."
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 7 of 13
7.
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.
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.
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.
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.
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 8 of 13
11.
"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.
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.
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.
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.
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 9 of 13
17.
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
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 10 of 13
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
(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
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 11 of 13
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
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 12 of 13
JUSTICE AND VIOLATING HIS SWORN OATH OF AITORNEY warrants this COMPLAINT FOR
DISBARMENT AND REFERRAL FOR PROSECUTION.
FIRST COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of NICHOLAS FORCE
Page 13 of 13
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.
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.
,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.
ATTORNEY
State of Washington
County of Stevens
) ss
)
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
ADDRESS
1045 KITT NARL:ISSE RD
LARUE
REPORT #
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I VIOLA'nON/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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MIDDLE
SFX
CONNIE
COLVILLE
-t
CDL
DYES [ZINO
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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
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
4. VIOLAllONISTATUTE CODE
]PENALTY$
5. VIOLAllONISTATUTE CODE
IPENALTY$
20F2
lDATEISSUED
o
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-_ .........
02-02-15
IIIMlt,
~,Ill
,....,
"
~~~
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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-==-=
----==
----
1,062.00
===
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==
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ITOTALPENALTY$ 1.186.00
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3 VIOLAllON/STATUTE CODE
en
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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
-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
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
25
26
27
28
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
23
24
25
26
Reviewedc:nd"A
.;I
.
l . /
DefendantlDefe'ndant's Attorney
27
28
29
Colville, WA 99114
J 6 2015
STEVEN;:; COUNTY, WA
5
6
7
9
10
/1
12
13
14
15
16
17
18
/9
20
21
No. 520133879
~ DISMISSING CHARGE(S)
For the following reason(s): Pending FurtherReview and Determination RE: Venue/Jurisdiction
Plaintiff,
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
2
3
4
5
6
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
P,t-k6('!
'f6rC~
O/ATTORNEY
/DEFENDANT
D/PROBATION
D/JAIL
CLERKS INIT.
0/911
D/oTHER
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
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