Chief Civil Judge James Doerty

1:30 pm. Tuesday, May 18, 2004

 

 

SUPERIOR COURT OF WASHINGTON

COUNTY OF KING COUNTY

 

ROGER W. KNIGHT,                                    )

                                                                        )           No. 04-2-07991-8 SEA

                                    plaintiff,                        )

                                                                        )           MOTION FOR ORDER TO SHOW

            v.                                                         )           CAUSE WHY APPLICATION FOR

                                                                        )           STATUTORY WRIT OF PROHIBITION

STATE OF WASHINGTON, KING              )           SHOULD NOT BE GRANTED

COUNTY DISTRICT COURT, WEST           )

DIVISION, the Honorable BARBARA            )

LOUISE LINDE, in her capacity as Judge        )

of the King County District Court, West            )

Division, NORM MALENG, King County       )

Prosecutor, and KATHRYN Y. KIM,              )

Deputy Prosecuting Attorney,                           )

                                                                        )

                                    defendants.                   )

____________________________________)

 

MOTION AND RELIEF REQUESTED

            Comes now ROGER W. KNIGHT, plaintiff, to move for a an order to show cause why the Application for Statutory Writ of Certiorari or Statutory Writ of Prohibition, Chapter 7.16 RCW (Application), filed herein should not be granted.

EVIDENCE AND FACTS IN SUPPORT OF MOTION

            This Declaration of Roger W. Knight in Support of His Application for Statutory Writ of Certiorari or Statutory Writ of Prohibition, Chapter 7.16 RCW, and its attached Exhibits (Knight Declaration) provides the evidence and sets forth the facts that support this motion.  It is incorporated herein by reference.  The facts are summarized as follows:

            The issue of whether there was service that meets the requirements of RCW 74.20A.320(1) was found by this Court to be a necessary element to prove the crime of Driving While License Suspended (DWLS) 3rd Degree where such suspension is based upon child support.  Decision on RALJ Appeal, October 31, 2002, City of Mercer Island v. Knight No. 02-1-01137-0 SEA.  Part of Exhibit H to the Knight Declaration.  Upon remand, the City of Mercer Island moved to dismiss the charges and the Bellevue Division of the District Court granted Mr. Knight's request that the dismissal be with prejudice. Knight Declaration page 3 lines 3-6.

            The West Division of the District Court, in State v. Knight No. C438381, denied Mr. Knight's Motion to Dismiss on the grounds of collateral estoppel on March 11, 2004.  However, the district court, through Judge Barbara Linde, granted Mr. Knight's request for a stay of trial pending appeal.  On April 5, 2004 Mr. Knight filed the Application and Knight Declaration with this Court and served copies on the district court and the King County Prosecutor's Office, District Court Division in court during the hearing of April 7, 2004.  Judge Maryann Spearman set the case over for readiness hearing on May 5, 2004.

            On May 5, 2004, Judge Spearman found that only this Court could grant a stay of the trial and that had to be by a motion.  She then scheduled trial to begin 9:00 am Monday, May 10, 2004 before Judge Linde.  Mr. Knight intends to request Judge Linde (if she is the judge who presides that day over the proceeding) to continue the trial for at least a short time to allow this Court to hear this Show Cause proceeding.  He will argue that the May 5 order contradicts and frustrates the order of March 11, which provided for a stay continuing the trial pending appeal, and this Application for Writ of Prohibition is that "appeal".  He will suggest that the five day notice of trial could appear to be an attempt to frustrate the purposes of Laws 1895 chapter 65, the Statutory Writ Act, codified as chapter 7.16 RCW in 1951, by forcing the plaintiff to trial without an adequate opportunity to bring a motion in this Court to restrain the district court.  Mr. Knight previously relied upon the spirit and intent of Judge Linde's order of March 11, 2004.

LEGAL AUTHORITY

            The legal authorities as why a writ of prohibition should be granted are set forth in the Application and are incorporated herein by reference.

PROPOSED ORDER

            A copy of the proposed Order is provided hereto.

            Respectfully submitted this 5th day of May, 2004.

 

                                                                        __________________________

                                                                        Roger W. Knight, pro se

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