I have begun publishing a daily e-newspaper. I hope you will enjoy it!
I have begun publishing a daily e-newspaper. I hope you will enjoy it!
William R. Maurer, Oldfield & Helsdon’s lawyer in the constitutional challenge to the State of Washington’s restrictions on free speech in the context of recall campaigns, has published an important article about the Supreme Court’s decision in Citizens United, and the nature of the First Amendment itself. In his article, published on January 11, 2012 in the publication of the Federalist Society for Law and Public Policy Studies, Mr. Maurer explores the acerbic criticism of the Citizens United decision, explains how that criticism is founded on misunderstanding about the actual language and the focus of the First Amendment, and describes the potential dangers to individual liberty that are inherent in the position taken by the critics.
The effort to place on the ballot the recall of Dale Washam has picked up tremendous momentum! We now have 80,897 signatures turned in. We need 1,103 to reach our goal of 82,000 signatures by August 30, so that we will have total verified signatures of 65,495. Read more in former Mayor Bill Baarsma’s editorial in the Tacoma New Tribune.
To contribute to the recall of Dale Washam and to sign a petition, click here.
The Washington Supreme Court today issued its opinion in the Recall of Dale Washam. To view the opinion, click here:
The Washington Supreme Court just issued an order a few moments ago allowing the Recall of Dale Washam to proceed. The vote was unanimous. In an unusual statement about the strength of our briefing, the Court entered the order approving the recall petition without oral argument.
The recall campaign is cleared to begin! By statute, signature gathering may begin tomorrow on petitions requesting that the Pierce County Auditor set the recall of Dale Washam for a special election. When we have gathered the necessary signatures for that purpose, Pierce County voters will be asked to vote on the following ballot synopsis:
The charge that Dale Washam, as Pierce County Assessor-Treasurer, committed misfeasance in office, malfeasance in office and/or violated his oath of office alleges that he violated state and local law by (1) retaliating against an employee for filing a complaint against him between January 22, 2009 and March 16, 2010, (2) grossly wasting public funds in pursuing criminal charges against his predecessor as Assessor-Treasurer from January 2, 2009 until October 29, 2010, (3) failing to protect the employee from retaliation, false accusations or future improper treatment between January 22, 2009 and March 16, 2010, and by failing thereafter to rectify his retaliatory actions against his employee, (4) refusing to participate in investigations of whether he had discriminated and retaliated against his employees between January 22, 2009 and March 16, 2010, and (5) discharging his duties in an unlawful and biased manner from January 2, 2009 until October 29, 2010.
Should Dale Washam be recalled from office based on this charge?
The Committee to Recall Dale Washam has established a plan, which it is now able to implement, designed to hold the special election on the primary election date, Tuesday, August 16, 2011. Please support the Committee to Recall Dale Washam by endorsing the campaign, volunteering to help and making a monetary campaign contribution. You can also learn where you may sign a petition by going to the Committee’s website
Oldfield & Helsdon filed a brief in the Washington Supreme Court on Friday, January 28, 2011 in support of the Recall of Dale Washam. To read the brief of Respondent Robin Farris, see the following link:
The following was sent to me by a friend. I have chosen to spruce it up a bit. Here it is.
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF PIERCE
|IN THE MATTER OF
St. Nick a/k/a/ St. Nicholas
a/k/a/ Santa Claus
|Superior Court No. 12-24-2010
DECLARATION OF JEFFREY PAUL HELSDON
The undersigned declares under penalty of perjury as follows:
1. On or about the night prior to Christmas, there did occur at a certain improved piece of real property (hereinafter “the House”) a general lack of stirring by all creatures therein, including, but not limited to, a mouse.
2. A variety of foot apparel (e.g., stocking, socks, etc.) had been affixed by and around the chimney in said House in the hope and/or belief that St. Nick a/k/a/ St. Nicholas a/k/a/ Santa Claus (hereinafter “Claus”) would arrive sometime thereafter. The minor residents, (i.e., the children) of the aforementioned House were located in their individual beds and were engaged in nocturnal hallucinations (i.e., dreams), wherein visions of confectionery treats including, but not limited to, candies, nuts and/or sugar plums, did dance, cavort and otherwise appear.
3. Whereupon the party of the first part (sometimes hereinafter referred to as “I”), being the joint-owner in fee simple of the House with the party of the second part (hereinafter “Mamma”), and said Mamma had retired for a sustained period of sleep.
4. Suddenly, and without prior notice or warning, there did occur upon the unimproved real property adjacent and appurtenant to said House, (e.g., the lawn) a certain disruption of unknown nature, cause and/or circumstance. I did immediately rush to a window in the House to investigate the cause of such disturbance.
5. At that time, I did observe, with some degree of wonder and/or disbelief, a miniature sleigh (hereinafter “the Vehicle”) being pulled and/or drawn very rapidly through the air by approximately eight (8) reindeer. The driver of the Vehicle appeared to be and in fact was, the previously referenced Claus.
6. Said Claus was providing specific direction, instruction and guidance to the approximately eight (8) reindeer and specifically identified the animal co-conspirators by name: Dasher, Dancer, Prancer, Vixen, Comet, Cupid, Donner and Blitzen (hereinafter “the Deer”).
7. I witnessed Claus, the Vehicle and the Deer intentionally and willfully trespass upon the roofs of several residences located adjacent to and in the vicinity of the House, and noted that the Vehicle was heavily laden with packages, toys and other items of unknown origin or nature. Suddenly, without prior invitation or permission, either express or implied, the Vehicle arrived at the House, and Claus entered said House via the chimney.
8. Said Claus was clad in a red fur suit, which was partially covered with residue from the chimney, and he carried a large sack containing a portion of the aforementioned packages, toys, and other unknown items. He was smoking what appeared to be tobacco in a small pipe in blatant violation of local ordinances and health regulations.
9. Claus did not speak, but immediately began to fill the stocking of the minor children, which hung adjacent to the chimney, with toys and other small gifts.
10. Upon completion of such task, Claus touched the side of his nose and flew, rose and/or ascended up the chimney of the House to the roof where the Vehicle and Deer waited and/or served as lookouts. Claus immediately departed for an unknown destination.
11. However, prior to the departure of the Vehicle, Deer and Claus from said House, the party of the first part did hear Claus state and/or exclaim: “Merry Christmas to all and to all a good night,” or words to that effect.
Executed at Fircrest, Washington on this 26th day of December, 2010.
Jeffrey Paul Helsdon, WSBA #17479
 Upon information and belief, it is further asserted that an additional co- conspirator named “Rudolph” may have been involved.
 This declaration is not intended to, and does not, constitute a written opinion pursuant to Circular 230, as to whether said items constituted “gifts” to said minors pursuant to the applicable provisions of the Title 26, USC.
Yesterday afternoon, Judge Felnagle approved a ballot synopsis for 5 of 6 counts in Robin Farrris’ recall petition, finding that those counts were factually and legally sufficient for Pierce County voters to determine whether Mr. Washam should be recalled from office for conduct amounting to misfeasance, malfeasance and/or violation of his oath of office.
After the proceedings were concluded but before the parties had left the courtroom, Mr. Washam, with malevolence in his voice and an angry, piercing look in his eyes, snapped at Tom Oldfield as he walked past him: “Do you own property in Pierce County, Mr. Oldfield?” He continued to walk past. Mr Oldfield replied to him, causing Mr. Washam to stop: “Did you just threaten me?” Hearing this, I concluded my conversation with Judge Felnagle’s Judicial Assistant, came up behind Tom, pointed my finger at Mr. Washam and loudly exclaimed: “Did you just threaten Mr. Oldfield?” Getting no response, I again asked more loudly: “Did you just threaten Mr. Oldfield?” I turned my attention to those still in the courtroom and informed them that Mr. Washam had just threatened Mr. Oldfield, and that he had harped to him: “Do you own real property in Pierce County, Mr. Oldfield?”
Mr. Washam needs to be removed from office.
Oldfield & Helsdon filed today a reply brief to Dale Washam’s Response to his Recall. The hearing is set for tomorrow afternoon.
To view the reply brief, click on the following link: