Writ of Mandamus

[J.johnston]

What is the name of your state? Washington

I have documented proof that a Superior Court in Washington State is operating in violation of State Law and GA15 today. We are considering filing a Writ of Mandamus to the Supreme Court to compell this court to change their policy and come into adherence with State Law and Court rules.

In this case, the Courts have explicitely ordered the actions that are occuring through a written instrument to their staff.

Anyone have any words of wisdom, experience or knowledge in these types of proceedings? Is there a different first step that should be considered first? Know of possibe case law regarding Writs of Mandamus and Superior Courts of Washington State?

 

[tranquility]

I assume you're going to do all this pro per, right? To get a Writ of Mandamus against a court because you feel they are in violation of law is going to be your job for a while. You will need to learn many things because you are going to be doing fancy law against people who are in charge of fancy law deciding. Good luck. My words of wisdom is to forget about it Don Quixote. If it's a big deal and you can't forget about it, let the new media know about it instead.

 

[JETX]

Anyone have any words of wisdom, experience or knowledge in these types of proceedings?

Yep. Get a competent local attorney.

Is there a different first step that should be considered first?

[/quote]
Yep. Get a competent local attorney.

Know of possibe case law regarding Writs of Mandamus and Superior Courts of Washington State?

Yep.
Get a competent local attorney.

 

[J.johnston]

Not sure this response if of much value

"Get a competent local attorney" Pretty simple answer, which really offers nothing. To find a competent attorney, which is in and of itself a difficult task because most all attorney's think they are competent. My experience is that most attorneys are perfectly comfortable going into court and filing the status quo documents. I suspect it will take a special someone that is willing to go against an entire court.

We are looking for someone special like that. There is plenty of background work done and being done on this subject.

Don Quixotes we not, but we're not the type to sit around and assume that the courts operate with impunity either when they don't adhere to the laws they are there to represent.

And, I would like to think that a self-respecting attorney would agree that violations of law by a court are severe circumstances that need to be remedied. If they don't agree with that premise, it's not an attorney we would be interested in wasting our time with.

And, I suspect most attorneys would not know what the steps are that should be taken in circumstances such as this. I'm not interested in funding the education of an attorney to come up to speed on how to handle a case like this, if someone has an attorney in mind that comes equipped for a case of this type, I'm interested in hearing opinions.

 

[tranquility]

You got opinions. Forcing the court to do something is a big 'ol darn deal. You will need a large law firm and a bunch of cash to make it happen. Even then I'd be willing to bet it is extremely unlikely. There are so many hurdles to overcome that I just don't see it happening. It would be easier to get the legislature or executive to force the issue in some way than to go through the courts. The only way to get those two branches to care is either a bunch of cash (funny how that keeps coming up) in lobbyists going to chicken dinner fund raisers or the press to give a hoot and put the fire of publicity on them. Sorry you don't like that reality. Perhaps you might explain in more detail and try to persuade that it is not a windmill but a dragon we should care about.

Info edit:
*Any* attorney you go to, even at the big firms, you will be paying for their education. How many writs of mandamus are issued against the courts do you suppose? The vast majority will have never done such a thing and even the tiny minority who have will have only tried it once or twice. Once or twice does not an expert make.

 

[J.johnston]

Nay Sayers!

It seems this web site has a lot of advise for everyone, but from what I have seen it boils down to two primary ones. First one is find an attorney, a member of the Bar no less. The second one seems to be that it can't be done, its been tried by others, or its too expensive, or its too laborous, or something.

This is what has gotten our society where it is today, which isn't always something to brag about.

Through the persistence of several individuals, this court has changed their procedures, which previously included destroying Court records ourside of published State Guidelines. It is not a complete resolution to the issue, but a beginning that at least recognizes that the courts were in error, they have admitted it by their actions of change, and the people are being served by these changes.

We will continue to solve the remaining issue, or file the writ of mandamus, so everyone will benefit, including the naysayers!

"It is not because things are difficult that we do not dare, it is because we do not dare that they are difficult"

 

[moburkes]

It seems this web site has a lot of advise for everyone, but from what I have seen it boils down to two primary ones. First one is find an attorney, a member of the Bar no less. The second one seems to be that it can't be done, its been tried by others, or its too expensive, or its too laborous, or something.

This is what has gotten our society where it is today, which isn't always something to brag about.

Through the persistence of several individuals, this court has changed their procedures, which previously included destroying Court records ourside of published State Guidelines. It is not a complete resolution to the issue, but a beginning that at least recognizes that the courts were in error, they have admitted it by their actions of change, and the people are being served by these changes.

We will continue to solve the remaining issue, or file the writ of mandamus, so everyone will benefit, including the naysayers!

"It is not because things are difficult that we do not dare, it is because we do not dare that they are difficult"

You can either hire an attorney, or yo can do it yourself. But, you are not going to be handfed by volunteers on a FREE legal website. You can obviously choose whichever option you'd like. But, no one on this website is one of the few that have tackled this problem before.

If you don't like the advice that you've received on this free, legal site, you are welcome to get it elsewhere. It is a free country after all.

 

[You Are Guilty]

It seems this web site has a lot of advise for everyone, but from what I have seen it boils down to two primary ones. First one is find an attorney, a member of the Bar no less. The second one seems to be that it can't be done, its been tried by others, or its too expensive, or its too laborous, or something.

This is what has gotten our society where it is today, which isn't always something to brag about.

Through the persistence of several individuals, this court has changed their procedures, which previously included destroying Court records ourside of published State Guidelines. It is not a complete resolution to the issue, but a beginning that at least recognizes that the courts were in error, they have admitted it by their actions of change, and the people are being served by these changes.

We will continue to solve the remaining issue, or file the writ of mandamus, so everyone will benefit, including the naysayers!

"It is not because things are difficult that we do not dare, it is because we do not dare that they are difficult"

And you did all this (drafted the motion, filed it, served it, got a response, had the hearing, received the decision, and had it implemented) in the 6 business days you had since posting your question? I have to say, your court system doesn't sound that bad at all...

 

[fairisfair]

personally, I would suggest that you contact "it's kathie", preferrably by pm. I believe that the two of you might have invaluable information for each other.

 

[moburkes]

personally, I would suggest that you contact "it's kathie", preferrably by pm. I believe that the two of you might have invaluable information for each other.

Best idea I've heard/read all day!

 

[Ozark_Sophist]

Something is funny in our courts as well. I was able to cite statute during the off the record discussion on a motion that demonstrated court was following improper/unlawful procedure. Then the judge would go on record to correct his previous error and make another error in the process. Once off record, I respectfully pointed out his error. The judge and opposing counsel looked it up in their big books, found I was right and went back on record to correct the error made during his previous attempt to correct the error. This entire process was repeated three times, after which the judge found a different judge to hear the totally seperate motion I was there for that actually was on the docket.

Now do I have the time to fix the process? No. My only concern is in terms of my interests that the law is followed and the process is not prejudiced against me because the other party is abusing the discretion of the courts.

How valuable is your time?

 

[J.johnston]

Oh my gawd**************.....

This place is just full of comedians.

I completely agree, there are plenty of places to go for opinions. The one point that was made, is so eloquently demonstrated here. Why can't someone give ideas, thoughts, recommendations to someone who is asking a question without having to put them down or belittle them.

This was not a problem that was corrected in 6 days, and it is not corrected still. However, at a point 12 months into a process where a decision was needing to be made, a question, very simple question was placed on this board.

Yes, in 6 days things have changed, and a new set of decision will need to be made. And I guess someone gets a star, no briefings, no motions, or anything else were filed in a court of law. Fortunately some things were resolved without that.

However, some would rather view a cup as half empty, some view it as half full. My point is that those that seem to view everything half empty are the ones that have the first opinion to voice. I guess after hearing their opinions enough they feel they must be important.

It looks like the last posting was the only one worth reading. Somebody actually standing up for getting the treatment deserved in the courtroom, instead of following like the sheeples.

For my first attempt at this site, I have to admit, I'm baffled at what people come away from here with. It certainly lacks the level of professionalism I would have expected. Time to move on to share with adults.

 

[JETX]

For my first attempt at this site, I have to admit, I'm baffled at what people come away from here with.

Why??? Because we refused to provide you with the legal services that you demanded for free??
Sounds like you are a spoiled little brat holding your breath waiting for mommy to give in...

It certainly lacks the level of professionalism I would have expected.

And your whining and pouting certainly lacks the maturity that I would have expected.

Time to move on to share with adults.

Ask your mommy to introduce you to some...