Ask ’em why!! All 9 judges violate the rules and refuse to address violation of the law by Seattle, King County, & other governments that sued voters

by | Dec 9, 2020

It is blatantly illegal for governments to use taxpayer money to oppose a ballot measure. It is a clear violation of RCW 42.17A.555.

The $30 Tabs Initiative I-976 was approved by voters on November 5, 2019. It was to become law 30 days later on December 5. Prior to December 5, it was still a ballot measure and government resources could not be used against it.

Seattle, King County, and other governments used taxpayer-funded resources — tax money and government lawyer time — to draft and file their lawsuit against I-976 before it took effect.

That was illegal.

Attorney Stephen Pidgeon highlighted the age-old rule that in order to be in court and seek relief, the Plaintiffs could not be there with “unclean hands.”

From his briefs: King County, the City of Seattle, the Port of Seattle, and the Garfield County Transportation Authority violated RCW 42.17A.555 by using public employees to prepare a legal challenge to I-976 before November 5, and by filing such a challenge before the end of the election and the effective date of the initiative. Legal expenses to invalidate a ballot measure are “independent expenditures” under Chapter 42.17A RCW. Accordingly, all their legal filings, claims of standing, and requests for a preliminary injunction preventing I-976 from taking effect are illegal and inappropriate. Government plaintiffs have unclean hands, having acted illegally to bring this action at the outset. “Equitable relief is available to innocent parties only.” Christman v. General Constr. Co..

Intervenor Clint Didier asserted this issue in his Answer, (CP 1097-1100), and raised this issue again on oral argument. The argument remains ripe for de novo review here.

The state supreme court was required to rule on that properly raised argument.

They didn’t. They ignored it entirely.

They can’t do that.

I want everyone to ask them why. 

RIGHT NOW, email all 9 judges — it’s easy:

In the “To:” line of your email to them, COPY AND PASTE this: 

supreme@courts.wa.gov; debra.stephens@courts.wa.gov; debra@debrastephenslaw.com; charles.johnson@courts.wa.gov; charlesjohnson2020@comcast.net; Barbara.madsen@courts.wa.gov; justicebarbaramadsen@gmail.com; susan.owens@courts.wa.gov; sowens@olypen.com; steven.gonzalez@courts.wa.gov; phil@seattlecfo.com; sheryl.mccloud@courts.wa.gov; justicesherylmccloud@gmail.com; lynda.zeis@courts.wa.gov; raquel.montoyalewis@courts.wa.gov; info@justicemontoyalewis.com; helen.whitener@courts.wa.gov; keepwhitenerforjustice@gmail.com; mary.yu@courts.wa.gov; mary@justicemaryyu.com; tim.eyman@gmail.com;

In the Subject line, COPY AND PASTE this:

I deserve an explanation from all 9 of you individually: attorney Stephen Pidgeon repeatedly and properly raised the issue of unclean hands by the government plaintiffs — explain to me why you violated the rules and refused to address it in your ruling.  

In the body of the email, COPY AND PASTE this (or write something yourself to convince them): 

As publicly elected supreme court judges, taxpayers are paying each of you a salary of $220,320 this year. For that much, I deserve a response and explanation from all 9 of you individually.

It is blatantly illegal for governments to use taxpayer money to oppose a ballot measure. It is a clear violation of RCW 42.17A.555.

The $30 Tabs Initiative I-976 was approved by voters on November 5, 2019. It was to become law 30 days later on December 5. Prior to December 5, it was still a ballot measure and government resources could not be used against it.

Seattle, King County, and other governments used taxpayer-funded resources — tax money and government lawyer time — to draft and file their lawsuit against I-976 before it took effect.

That was illegal.

Attorney Stephen Pidgeon highlighted the age-old rule that in order to be in court and seek relief, the Plaintiffs could not be there with “unclean hands.”

From his briefs: King County, the City of Seattle, the Port of Seattle, and the Garfield County Transportation Authority violated RCW 42.17A.555 by using public employees to prepare a legal challenge to I-976 before November 5, and by filing such a challenge before the end of the election and the effective date of the initiative. Legal expenses to invalidate a ballot measure are “independent expenditures” under Chapter 42.17A RCW. Accordingly, all their legal filings, claims of standing, and requests for a preliminary injunction preventing I-976 from taking effect are illegal and inappropriate. Government plaintiffs have unclean hands, having acted illegally to bring this action at the outset. “Equitable relief is available to innocent parties only.” Christman v. General Constr. Co..

Intervenor Clint Didier asserted this issue in his Answer, (CP 1097-1100), and raised this issue again on oral argument. The argument remains ripe for de novo review here.

All 9 of you were required to rule on that properly raised argument.

You didn’t. You ignored it entirely.

You can’t do that.

Now that you’ve refused to reconsider your decision and because your ruling does not address this issue, I deserve an explanation from all 9 of you individually: attorney Stephen Pidgeon repeatedly and properly raised the issue of unclean hands by Seattle and other government plaintiffs — explain to me why you violated the rules and refused to address Seattle’s blatant violation of the law in your ruling.  

— END —

SEND YOUR EMAIL RIGHT AWAY. 

It’s not over — the fight for $30 Tabs continues.

This is why the AG’s lawsuit asks for a lifetime ban on all my future political activity.
I really need your help — the massive costs resulting from the AG’s lawsuit are overwhelming. If they take me out, who will dare challenge them? I am so incredibly grateful for your prayers and support during this very difficult time for me and my family.


Please donate to my legal defense fund here: 

Donate by Paypal: https://www.paypal.com/paypalme/timdefense
By credit card: https://www.paypal.com/donate/?cmd=_donations&business=7A5TLCCVFLNY6&currency_code=USD
By mailing a check: Tim Eyman Legal Defense Fund, 500 106th Ave NE #709, Bellevue, WA, 98004

In addition, we worked really hard on our $30 Tabs Initiative.
We got I-976 qualified, passed, and upheld by that King County judge. Karen and I sacrificed a lot — we sold off our retirement fund to kickstart its signature drive:
We’re asking folks to donate to our PAC so we can get paid back. Also, donations to our PAC will pay for attorney Stephen Pidgeon’s “Motion for Reconsideration.” Please help these efforts by donating online:

Credit card/Paypal: https://permanentoffense.com/donate/

Or mail a check — made payable to “Permanent Offense” — to: Permanent Offense, PO Box 6151, Olympia, WA 98507

Thanks everyone.

I love you all.

Tim