Mercer Island v. Knight, King County District Court, Bellevue Division, Nos. MIC 84199 and MIC 84268, and the appeal, King County Superior Court No. 02-1-01137-0 SEA. Web Page
See also www.antipeonage.0catch.com
Some practical advice for support contemnors in the State of Washington
A Way to Walk a Mile in a Noncustodial Parent's Moccasins.
This is the Web Page upon which I list the internal links to the pleadings I filed in response to the criminal charges of Driving While License Suspended.
Supplement to Motion to Dismiss Complaint
Second Supplement to Motion to Dismiss Complaint
Third Supplement to Motion to Dismiss Complaint
Declaration by Roger W. Knight filed with the Complaint in the federal court, Knight v. City of Mercer Island et al, W.D. Wash. No. C02-879L describing the Bellevue District Court's decision of April 19, 2002.
Declaration by Judith Calhoun filed with the Complaint in the federal court Knight v. City of Mercer Island, et al, W.D. Wash. No. C02-879L describing the Bellevue District Court's decision of April 19, 2002.
Brief of Appellant, now filed in King County Superior Court, City of Mercer Island v. Knight, No. 02-1-01137-0 SEA, supported by the Transcript of the Motion Hearing on April 9, 2002 and with the Transcript of parts of the Trial on May 21, 2002, specifically a pretrial motion and exceptions to the jury instructions.
The City of Mercer Island filed a late Brief of Respondent, and I was forced to file my Reply Brief of Appellant on Halloween 2002, at the hearing on RALJ appeal before Judge Michael Trickey. Judge Trickey allowed the late brief, but he also allowed the Reply Brief and called a short recess while he read it. After hearing oral argument, he ruled that while he did not believe that I could challenge the validity of the WorkFirst Act in a criminal DWLS case, thus preserving my claim for Younger abstention exception in the federal cases, he found that State v. Dolson required that when the Legislature sets up stringent requirements for notice and opportunity to be heard, the DSHS and the DOL must comply with those requirements or they cannot lawfully suspend the license. The Bellevue District Court therefore erred in not requiring proof that such service was accomplished. The convictions are reversed and the case remanded for hearing on the issue of whether the service requirement of RCW 74.20A.320(1) were met and if not, the complaints should be dismissed. Judge Trickey deleted language authorizing the Bellevue District Court to grant appropriate equitable relief, he did not believe that a court in a criminal DWLS case can order the DOL to restore a driver's license, even while finding that the license was not lawfully suspended.
Here is the jpeg of the Order I wrote at the hearing and signed by counsel for Mercer Island and by Judge Trickey after he crossed out the language concerning equitable relief.
On January 17, 2003, we had a hearing on remand in this case in Bellevue District Court. The City of Mercer Island announced that it will not continue the prosecution and requested dismissal of the charges without prejudice. I asked that the dismissal be with prejudice and that the appeal bond be exonerated. Both requests were granted. Because Mercer Island elected not to continue the prosecution, no evidence was ever presented in this case as to whether the personal service required by RCW 74.20A.320(1) was accomplished.
And, it appears that the King County Prosecutor does not understand collateral estoppel, I have had to fight a new battle and this time plead collateral estoppel!
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