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SuperiorCourt

StevensCounty
TheStateofWashington
JimmyEllis,Clark, Petitioner No.
TableofContents
v.
Susan Harnash,Tim Gray,SteveParker,
Wes McCartand Don Dashiell,Respondents
ThisWritcontainsthefollowingpleadingsandotherpapers;
1. WritofProhibitionwithDeclarationinSupport
2. DeclarationinSupportofPetition(withsupportingattachments)
3. OrdertoShowCause
4. JudicialNoticeinSupport
5. MotionRequiringRespondent(s)AttorneytoProduceAuthoritytoAppear
6. DeclarationinSupportofMotionRequiringRespondent(s)AttorneytoProduce
AuthoritytoAppear
7. NoticeofDisqualification
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis, Clark, Petitioner No.
TableofContents
v.
Susan Harnash,TimGray,SteveParker,
Wes McCartand Don Dashiell, Respondents
This Writ contains the following pleadings and other papers;
1. WritofProhibitionwithDeclarationinSupport
2. DeclarationinSupportofPetition(withsupportingattachments)
3. OrdertoShowCause
4. Judicial NoticeinSupport
5. MotionRequiringRespondent(s)AttorneytoProduceAuthoritytoAppear
6. DeclarationinSupportofMotionRequiringRespondent(s)AttorneytoProduce
AuthoritytoAppear
7. NoticeofDisqualification
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis,Clark,Petitioner No.
v. PetitionforaWritofProhibition
Susan Harnash,Tim Gray, withDeclaration inSupport
SteveParker,WesMcCart
And Don Dashiell, Respondents
NoticeofApplicationforWritofProhibition
ToSusan Harnash, aperson illegallyactingas STEVENS COUNTYTreasurer,TimGray,a
personillegallyactingasSTEVENS COUNTYAuditor,Steven Parker,WesMcCartandDon
Dashiell,personsillegallyactingasSTEVENS COUNTYCommissioners.
PLEASE TAKE NOTICEthatontheverifiedpetitionofJimmyEllis, Clarktheundersigned
willapplytotheSuperiorCourtofStevensCounty,StateofWashington,at215So. OakSt.,
Colville,Washington99114,on Jime L1 2.0 1+ ' at II:00 a.m.fortheissuanceofa
J
preemptorywritofprohibitionrestrainingandprohibitingalloftheabovenamedpersonsfrom
approvingorpayinganysalarywarrants,vouchersorotherdemandsforpublicmonieswithout
firstshowingyourlawfulauthoritytoapprove,auditandpaysaid claims,and lawfulauthority
ofallpersonsmakingsaidclaimstoreceivepublicmonies.
RCWA42.20.060 Falselyauditingandpayingclaims.
Page1of2
"Use of word "false" in connection with word "fraudulent/} does not indicate legislative
purpose to include only such acts as are corruptly false, or are done with wilful design to cheat
and defraud public funds." State v. Case (1915) 88 Wash. 664, 153 P. 1070.
"Specific intent to violate law from fact of violation even though person had no wrongful
intent to do anything beyond doing of prohibited act." State v. Case (1915) 88 Wash. 664, 153
P.l070.
RCW 42.20.070
Misappropriation and falsification of accounts by public officer.
Every public officer, and every other person receiving money on behalf or for or on
account of the people of the state or of any department of the state government or of any
bureau or fund created by law in which the people are directly or indirectly interested, or
for or on account of any county, city, town, or any school, diking, drainage, or irrigation
district, who:
(l) Appropriates to his or her own use or the use of any person not entitled thereto,
without authority of law, any money so received by him or her as such officer or
otherwise; or
(2) Knowingly keeps any false account, or makes any false entry or erasure in any
account, of or relating to any money so received by him or her; or
(3) Fraudulently alters, falsifies, conceals, destroys, or obliterates any such account; or
(4) Willfully omits or refuses to pay over to the state, its officer or agent authorized by
law to receive the same, or to such county, city, town, or such school, diking, drainage, or
irrigation district or to the proper officer or authority empowered to demand and receive
the same, any money received by him or her as such officer when it is a duty imposed
upon him or her by law to pay over and account for the same, is guilty of a class B felony
and shall be punished by imprisonment in a state correctional facility for not more than
fifteen years.
Date '7 - ) - l4:-
Page 2 of 2
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis, Clark, Petitioner No.
v. OrderGrantingIssuanceof
Susan Harnash,TimGray, WritofProhibition
SteveParker, Wes McCart
And Don Dashiell, Respondents
Itis ordered that the alternative writ of execution be issued immediately.
Itis further ordered that a copy of the writ and a copy of the petition on which the writ is
based and which is referred to in the writ, and all supporting papers, be served on each of
the respondents not less than days before the hearing date, as previously
specified.
Judge
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis,Clark, Petitioner
No.
DeclarationinSupportof
v.
PetitionforaWritofProhibition
Susan Harnash,Tim Gray,SteveParker,
WesMcCartand Don Dashiell, Respondents
IJimmyEllis, Clark, alivingflesh and bloodmanabovetheageofeighteenandwithfirst-
handknowledgeoftheinformationcontainedherein,dodeclare.
1. ThatI,JimmyEllis,Clark, hereafterPetitionerhasrepeatedlygivenverbaland written
noticetousurpersillegallyoccupyingelectiveand appointiveofficeswithintheSTEVENS
COUNTY government,includingbutnotlimitedto, usurperswithintheofficesof
superiorand districtcourts,prosecutor,sheriff,auditor,andcountycommissioners.
2. IwasalsopresentonApril8,2014whenMr.ErnieHochepresentedtheusurpers
occupyingtheofficesofSTEVENS COUNTYcommissionerswithRCW's,caselawand
copiesoftheirinvalidoathsofoffice,alongwithalmosteveryotherelectiveofficein
STEVENS COUNTY. See attachedcopyofdeclarationofErnieHoche.
Page 1 of 3
3. SinceJanuary2007, Mr.Rasmussen hasbeenusurpingtheofficeofSTEVENSCOUNTY
prosecutorwithoutanyauthorityoflawand has been repeatedlygivenwrittennotice
thatnoneofthepersonsappointedbyhim havequalifiedaccordingtolawforthe
officestheyareusurping}andthereforenostandingtoappearordefendonbehalfof
thecountyorstate.
4. Since 2006,usurperKendalAllenhasbeenoccupyingtheofficeofSTEVENS COUNTY
sheriffand has been repeatedlyinformedthatthepersonsappointedbyhimtooffices
as deputies}failedtodulyqualifyandseveralhavebeen illegallyusurpingthoseoffices
as farbackasthe1990's.
5. Mr.Rasmussen has beenrepeatedlygivenwrittennoticeoffelonycrimesbycriminal
usurperLloyd Nickel,whichincludes,butis notlimitedto,perjury,filingfalse
instruments,extortionand criminalimpersonationofadeputyprosecutor,inhisown
officesince1990.
6. SinceApril8, 2014theusurpersoccupyingtheofficesofSTEVENS COUNTY
commissioners,auditorandtreasurer}alongwithotherdepartmentsin STEVENS
COUNTYgovernment}conspiredtofilefalseinstruments(RCW40.16.030)intheformof
salarywarrants(vouchers)RCW 36.22}forthepurposeoffalsepaying(RCW42.20.070)
ofpublicmoneytopersonsnotqualifiedbylawtoreceivesuch money.
RCW 42.20.090
Misappropriation, etc., by treasurer.
Every state, county, city, or town treasurer who 'willfully misappropriates any moneys, funds,
or securities received by or deposited with him or her as such treasurer, or who shall be guilty
of any other malfeasance or willful neglect of duty in his or her office, is guilty of a class C
felony and shall be punished by imprisonment in a state correctional facility for not more
than five years or by a fine of not more than five thousand dollars.
ReWA 40.16.030
"In this section making it a crime to knowingly file any false or forged instrument in a public
office, the term "instrument" encompasses a document which is required or permitted by
statute or valid regulation to be filed, registered, or recorded in a public office if the claimed
falsity relates to material fact represented in the instrument and the infonnation contained in
the document is of such a nature that the government is required or permitted by law, statute
or valid regulation to act in reliance thereon, or the infonnation contained in the document
materially effects significant rightd or duties of third persons, when such effect is reasonably
Page 2of 3
contemplatedbytheexpressorimpliedintentofthestatuteorvalidregulationwhichrequires
thefiling, registration, orrecordingof thedocument."Statev. Price(1950) 94Wash.2d 810,
620P.2d994.
7. Mr.Grayas usurperoftheofficeofSTEVENSCOUNTYauditorhasstatedinwritingthat
he is notlegallycompetenttodetermineifadocumentfiled in hisofficerequiresafile
stamp.See RCW 65.04.040and RCW 65.04.110. (See attached).
8. Mr.Grayalsostatedin an interviewwithareporterfromtheStatesman Examiner
Newspaperthathedoesnotrecordoathsofofficeintothepublicrecord. (RCW65.04)
(See attached).
9. Beingthattherearenodulyqualifiedsuperiorcourtjudges,norprosecutor,holding
officewithinSTEVENSCOUNTY,thenthereisnotaplain,speedyoradequateremedyin
theordinarycourseoflaw.
Thisdeclarationisjustashortstatementoftheongoingand longcontinuingcriminal
conspiracytocover-uptheincompetenceand corruptionbytheseusurpers.Therefore,
thisPetitionermakesastandingoffertoproduceadmissibleevidencethatsupports
callingforafullinvestigationintofelonycrimesbymanyoftheusurpersnamedherein,
and others.
IdeclareunderpenaltyofperjuryunderthelawsoftheunitedStatesofAmericathat
theforegoingistrueandcorrecttobestofmyknowledgeandbelief,so helpmeGod.
Dated ) - 1
J' myEllis, ci$k j
2567BodieMountainRoad
Colville, Washington 99114
e-mail: jimmyandtoni@yahoo.com
PH: 509-675-4021or509-675-5988
Page3of 3
January24, 2013
evansc@sao.wa.gov
Ms.Evans,
Thank-youforyourresponsedatedDecember12,2012PRR#1726,butyouseemtooverlooka
largeportionoftheinformationsenttoyouinthedocumentyounumberedPRR#1726.
IassumethedutiesofyourpositionandyouroathasanattorneyunderAPRs(d)requireyounot
onlytogivelegaladvicetoyourdepartment,butalsotoprotecttherightsof thePeopleof theStatetoa
lawfulandeffectivegovernment.
AsIstatedinthedocumentsIe-mailedtoyouonDecember15,2012,thecertifiedsalary
warrantsaretoensurethatonlypersonslawfullyholdingofficeoremploymentinthisState's
governmentarereceivingpublicmoney.
TherearenoprovisionsthatIhavefoundinWashingtonlawthatallowspublicmoneytobe paid
todefactoofficersortousurpers.
Therealsoseemstobe nolawfulauthorityinthestateofWashingtonthatcouldevenjUstify
whatthelowercourtshavetermedthe"DefactoOfficerDoctrine"becausetheUnitedStatesSupreme
CourthasruledthatignoranceofthelawisnoexcuseevenfortheaverageCitizen,letalonefor
attorneyswhoaresupposedlytrainedinthelaw;
Piercev. UnitedStates,7Wall(74U.S. 169)666(1869),"Wehavenoofficersinthisgovernmentfrom
thePresidentdowntothemostsubordinateagent,whodoesnotholdofficeunderthelaw,with
prescribeddutiesandlimitedauthority.Andwhilesomeofthese,asthePresident,legislatureandthe
Judiciary,exercisepowersinsomesenselefttothemoregeneraldefinitionsnecessarilyincidentto
fundamentallawfoundintheConstitution,thelargerportionof themarethecreationofstatutorylaw,
withdutiesandpowersprescribedandlimitedbylaw.
Everycitizenof theUnitedStatesissupposedtoknowthelaw..."
TheWashingtonLegislatureenactedtwolaws,onewhichwasenactedin1866andanotherthat
wasenactedin1909,bothofwhicharestilionthebooksandarenowrecodifiedasRCW42.12.010and
42.20.030.
RCW42.12.010originallyenactedin1866andtodate,remainsalmostunchanged,allowsno
graceperiodundersubsection(6)foranyrefusalorneglecttoqualify,asrequiredbylaw,forpublic
office.
RCW42.20.030wasoriginallyenactedin1909andhasneverbeenchangedandcontainsfour
differentoffensesthatconstitutetheactofintrusionintopublicofficeandoneforrefusaltosurrender
publicoffice.
Page10f10
Three of these offenses require certain acts to be performed "willfully" in order to be a crime, but
two of the offenses only require that certain acts be performed.
The first element states, "Every person who shall falsely personate or represent any public officer, or ..."
Notice that no intent Is required.
The second element states, "who shall willfully intrude himself into a public office to which he has not
been duly elected or appointed, or ..:' Wilfulness is established by knowledge (RCW 9A.08.010) and
"duly" is defined in Black's Law Dictionary 6th Ed. as "In due and proper form or manner; according to
legal requirements....; according to law in both form and substance."
The third element states, "who shaII willfully exercise any of the functions or perform any of the duties
of such officer, without having duly qualified therefor, as required by law; or..." "Duly qualified is
defined in Black's Law Dictionary 6th Ed. as "Being duly qualified to fill an office, in the constitutional
sense and in the ordinary acceptation of the words, means that the officer shall possess every
qualification; that he shall in all respects comply with every requisite before entering on the duties of
the office; and that he shall be bound by oath or affirmation to support the Constitution, and to perform
the duties ofthe office with fidelity."
The fourth element states, " who, having been an executive or administrative officer, shall willfully
exercise any of the functions of his office after his right to do so has ceased, Of "
The fifth element states, "wrongfully refuse to surrender the official seal or any books or papers
appertaining to such office, upon the demand of his lawful successor shall be guilty of a gross
misdemeanor." See RCW 9A.60.040 Impersonating a Public Officer and RCW Chapter 7.56 Quo
Warranto.
Now, you stated in your response in PRR 1726 as follows: "With regards to item number 1 above
- this office does not audit the process or procedure for ensuring the proper filing or recording of
documents by a county auditor. Therefore, we have no records responsive to your request:'
In response to your statement;
First, if the fees for filing and/or recording are not paid in advance of an oath of office cannot be
made a part of the official public record. see RCW 5.44.040.
second, if the official oath is not made part of the official public record, it grants no lawful
authority.
Third, if the oath is not filed as defined in RCW 65.04.040, it is not part of the official public
record.
Fourth, if the oath of office is not actually made part of the official public record, as defined in
law, it cannot be admitted into evidence under ER 902(d) or ER 1005 to support a lawful claim for
salaries or benefits relating to a public office.
Fifth, as shown by the case law already supplied to you, all filing fees are mandatory and are to be
paid in advance and since your examiners are supposed to know that an oath of office, an appointment
to a public office, and an official bond are required by law to be filed and/or recorded into and made
Page 20fl0
part of the official public record, requiring a paid receipt for those transactions, they know that there
can be no lawful certified salary warrant issued or paid relating to that office.
Sixth, there are several sections in RCW 43.09 that would cover your departmenfs responsibility
to verify that the bonds, appointments and oaths were filed, as required by law, such as RCW 43.09.200,
43.09.210, 43.09.230, and 43.09.245 but, under 43.09.260 your department has specific information as
to what is required pursuant to subsection (5).
RCW 43.09.260(5) On every such examination, inquiry shall be made as to the financial condition and
resources of the local government; whether the Constitution and laws of the state, the ordinances and
orders of the local government and the requirements of the state auditor have been properly complied
with, and into the methods and accuracy of the accounts and reports.
Therefore, if your examiners do not examine, or even know what it takes to verify certified salary
warrants, how would they know when those receiving this public money are lawfully entitled to receive
It?
Your response to my second request is as follows:
"With regards to item number 2 above - While this office does audit the financial affairs of the
office of the State Treasurer, we do not have specific procedures to audit the salaries of newly elected
officials. Therefore, we have no records responsive to your request."
Maybe I was not clear, but I was asking for a copy of a written document that would be relied on
by an examiner that would ensure that a newly elected officer would receive his salary from the first day
of his official term of office, or at some other time prescribed by law.
For example: If an official term of office begins on January 1, follOWing the election, does the
salary also start that day?
If the official term of office begins on the second Monday in January following the election, does
the salary also start on that day?
If the official term of office begins on the first Wednesday, following the second Monday in
January following the election, does the salary also start on that day?
Or, do these salaries start at some other time prescribed by law?
But, as to the other information contained in PRR 1726 relating to deputy prosecutors, deputy
sheriffs and city officials under RCW 35.23.081 and superior court judges that your 2009 audit failed to
show even one oath, appointment or bond for, how can your audit protect the public money in any true
manner?
For years there has been a large amount of money in filing fees that is not being collected at the
local or state level. Constitutionally mandated, federally mandated, oaths of office, which are also
mandated under the State Constitution and State law are not being made a part of the official public
record, contrary to state and federal law..
False salary warrants are being illegally submitted and paid, without authority of law.
Page 3 of 10
In addition, public money is being paid out in many other ways in connection with these false
certified salary warrants, such as pensions and all types of other benefits. I am attaching several more
documents In order to support the information I have given you, but I am making a standing offer to
supply you with hundreds of additional documents and case law that support my report of criminal acts
by state and local criminal usurpers within the state of Washington.
Your statement does not comply with the defined mandatory duties for the state auditor under
RCW title 43.09.
"Generally, use of the word "shalf is considered a command and operates to create a duty absent any
evidence of legislative intent to the contrary." 1-5 Truck Sales and Service Co. v. Underwood, 645 P.2d
716, 32 Wash. App. 4, review denied 97 Wash.2d 1033 (1982).
Use of word "shall" In statute imposes mandatory duty." Waste Management of Seattle, Inc. v. Utilities
and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621, reconsideration denied (1994).
The general duties are defined in RCW 43.09.050, which states in pertinent part:
The auditor shall.
(1) Except as otherwise specifically provided by law, audit the accounts of all collectors of the revenue
and other holders of public money required by law.
(4) Inform the attorney general in writing of the necessity for the attorney general to direct
prosecutions in the name of the state for all delinquencies in relation to the assessment, collection, and
payment of the revenue, against all persons, who, by any means, become possessed of public money or
property, and fail to pay over or deliver the same, and against all debtors of the state.
Delinquencies in collection includes, but is not limited to failure to collect the thousands of dollars
in delinquent, mandatory filing fees for the filing of official oaths of office and official bonds.
RCW 36.18 and 43.03 only allow public monies to be paid out to "officers" and "employees" and
in order to be an "officer" lawfully entitled to receive public money, they have to be duly qualified
according to law. Officer is defined in RCW 1.16.056 and has been further defined in detail by the
Washington supreme court In State ex reI. Fitts v. Gibbs (1952) 40 Wash.2d 444, 244 P.2d 241; McIntosh
v. Hutchinson (1936) 187 Wash. 61, 59 P.2d 554; State ex reI. Johnston v. Melton (1937) 192 Wash. 379,
73 P.2d 1334; State ex reI. Brown v. Blew (1944) 20 Wash.2d 47, 145 P.2d 554.
ReWA 36.16.060 Place of filing oath and bond. Every county officer, before, entering upon the
duties of his office, shall file his oath of office in the office of the county auditor and his official bond in
the office of the county clerk; Provided, That the official bond of the county clerk, after first being
recorded by the county auditor, shall be filed in the office of the county treasurer.
Oaths and bonds of deputies shall be filed in the offices in which the oaths and bonds of their
principals are required to be filed.
All of the cases cited above confirm that all officers in this state are required to take and file an
oath of office. Furthermore, as I have already informed you, all deputy prosecutors have been defined as
public officers in State v. Cook, 84 Wn.2d 342, 525 P.2d 761 (1974). RCW 10.01.090 also deems that the
attorney general and his assistants, appointed under RCW 43.10.060 to offices when prosecuting
Page40fl0
criminalcases,arevestedwiththesamepowersasaprosecutingattorney;therefore,hisassistantshave
tohaveanofficialoathofofficeasdefinedintheabovecitedcase law.
YouwerealsoinformedthatStateexrei.Dayv. KingCounty,50Wn.2d427,312 P.2d637(1957)
definesdeputysheriffsaspublicofficersandthereforetheyarerequiredtotakeandfileanofficialoath
ofoffice.
Howcanalegitimateauditbe performed,orclaimtohavebeenperformed,withoutverifying
thatthemandatoryoathofofficehasbeentakenandfiledas requiredbylawbeforepublicmoniesin
theformofsalariesandbenefitsareallowedtobepaidtothoserequiredbylawtofiletheoath?
Iftheallegedcertifiedsalarywarrantisallthatisusedtoensurethatonlylawfullyqualified
personsarereceivingpublicsalariesthenwhydoestheauditor'sofficeevenexist?
Thefactthatpeoplelieorinsomecasesaresimplyincompetentwhenhandlingmoney,the
auditor'sofficewascreated,andwhyRCW43.09.340wasenactedtoauditthestateauditor.But,before
anyproperauditcan beperformed,anexaminerhastoknowwhatheislookingatandjfit iscorrect.
Whatistostopanydepartmentheadorhisassigneefromaddingafriendorotherperson'sname
toacertifiedsalarywarrant,ifnooneisverifyingthatthewarrantonlycontainsnamesofpeople
lawfullyentitledtobenamedonthewarrant?
IamincludingPRR responsesrelatingtoacriminalusurper,LloydNickelwhohasbeencriminally
impersonatingaStevensCountyDeputyProsecutor,forover20yearswithoutlawfulauthority.Lloyd
Nickelhasneverhadanoathofoffice,exceptfortheonehecreatedin2004,datedit nuncprotuncto
1991andthenhadthenotarypublicthatworksintheprosecutor'sofficesubscribeitnuncprotuncto
1991.ThereisanoriginalappointmentdatedSeptember1990whichwasneverfiledasrequiredbylaw
andoneforJanuary2,2007andanotherinJanuary2010,noneofwhichhaveeverbeenfiled,as
requiredbylaw;RCW36.270.40;36.16.040.
TheofficeofdeputyprosecutorhasbeendefinedbytheWashingtonsupremecourtinSpokane
CountyexreI.CountyComm'rsv.State,136Wn.2d644,996P.2d305(1992),asan "..atthepleasure
oL"appointment,and unlessrevoked bytheappointingpower(theelectedprosecutor),thetermof
officeforadeputyprosecutorexpiresatthesametimetheelectedprosecutor'stermexpires;likewise
fordeputysheriffs.
TheStevensCountyAuditor,TImGrayandeveryotherallegedofficialinStevensCountysince
2004have beenprovidedwithwrittennoticesrelatingtoLloydNickelscriminalimpersonation,lies,
filingfalsedocuments,and more.
If,infact,yourdepartmentwasshowncertifiedcopiesofoathsandbonds,thosedocuments
werenotlawful,validdocumentsbecausetheywerenevermadepartoftheofficialpublicrecord,as
requiredbylaw;theycouldhavecomefromanysourceimaginable,thereisnoprooftheyactuallycame
fromthepublicrecordintheauditor'sofficeandthisviolatesRCW42.20andotherRCW's.
IamalsoincludingdocumentsrelatingtoviolationsbyStevensCountyAuditor,TImGrayin
regardtoRCW43.09.330,forhisintentionalviolationsofthedutiesofhisofficeandforrecordingfalse
documents,amongothercrimes.
PageSofto
The following documents are proof in support of the facts I have sent to you;
Document #1. Oath of office for Pamela Payne recorded in 2006.
This is the only oath of office that I have located from the secretary of State, Stevens County, Spokane
County or Pend Oreille County that was timely taken, subscribed and filed and/or recorded, in full
compliance with the law.
Document #2. Newspaper article published in the Statesman Examiner August 20, 2008.
This article that was printed in the Statesman Examiner confirms that your examiners could not have
received or looked at certified copies of Stevens County official's oaths of office, nor has there been any
mention of the oaths for the prosecutor's deputies or sheriffs deputies. As stated in the article, Tim
Gray does not agree with the law passed by the state legislature raising the filing fee so, neither the
state nor county benefits. I do believe this article places Tim Gray's acts within several criminal statutes.
In addition, neither I nor anyone else I have spoken with, has ever, upon request, been allowed to
inspect the file cabinet containing the said oaths.
Document #3. PRR response from Tim Gray dated April 5, 2005 admitting that he does not possess the
competence necessary to understand how to file documents into his office.
For someone who has been the county auditor for over 15 years, Tim Gray does not know that an oath
of office is a public record nor does he know the duties under ROO 65.04, so how can the county
records be properly maintained?
Document #4. PRR response from Tim Gray dated January 8, 2004.
This PRR is just one of the documents I have obtained confirming that Lloyd Nickel has never been
anything more than a criminal usurper and has committed many other documented crimes, including,
but not necessarily limited to, perjury, extortion, and filing false instruments. More evidence will follow.
Document #5. Unsubscribed oath of office for lloyd Nickel.
This is the document provided to me in response to the above PRR and which grants no lawful authority
and does not bring lloyd Nickel within the defacto officer doctrine because there was no oath filed, nor
was he duly appointed.
Document #6. An invalid appointment for Lloyd Nickel dated February 8,2007.
This a copy of an invalid appointment for Lloyd Nickel sighed by another usurper supposedly trained in
the law, and this document was never filed, so Lloyd Nickel was not duly appointed. Also, notice the
date.
Document #7. An invalid appointment for Lloyd Nickel dated January 2,2007
This appointment was done one month before the previous appointment. If these documents were filed
according to law this could not happen; how many more appointments and other documents, required
by law to be filed, are tucked away into the auditor's file cabinet instead of into the official public
record? Neither one of them can be valid because both documents claim to be appointments for lloyd
Page 6 of 10
Nickel and the auditor never filed either one of them. Is there a valid one in the official public record; is
there one even in the official public record; was there ever a fee collected for filing an appointment for
Lloyd Nickel? Why aren't your examiners asking these questions, especially after I brought this issue to
their attention?
Document #8. An untimely appointment for Lloyd Nickel dated January 3, 201l.
Notice how each document is handled differently by the auditor and none ofthem are filed Into the
official public record. The auditor has no procedure for filing documents into the official public record,
he admits he does not understand how to file all documents into the official public record, and these
documents verify that some documents, required by law to be filed into the official public record, are
never filed at all and do not exist in the offICial public record.
Document #9. PRR request from me to Tim Gray dated August 27, 2010.
Document #10. PRR response from Tim Gray dated August 31, 2010.
In this document Tim Gray states he provided an oath of office for Lloyd Nickel for the term 1990-1991.
The document he is referring to is Document #5 above and this does not constitute an oath of office and
cannot be used to verify salary warrants for Lloyd Nickel during this time period. Tim Gray also states
that he provided a certified copy of a certificate of appointment for Lloyd Nickel made on February 8,
2007 (see document #6). Although one was made on January 2, 2007 Tim Gray is unable to locate it; it
apparently got lost in his file cabinet. Neither of these documents can be found in the official public
record because they were never filed in accordance with law.
Document #11. PRR request to Patricia Chester dated August 27, 2010.
Document #12. PRR response from Patricia Chester dated August 30, 2010.
Again, this response shows Mr. Nickel did not comply with RCW 36.16.040 requiring him to have the
same qualifications as the elected prosecutor. See RCW 36.16.050.
Document #13. certified copy of invalid oath and certificate of appointment for John Troberg dated
September 19, 2003.
I picked this document up from the auditor's office on Wednesday, August 22, 2007. There is no
evidence it has ever been filed.
Document #14. Affidavit of Tim Gray dated August 22,2007.
This affidavit was created by Tim Gray on the afternoon of August 22, 2007 after he filed a false oath of
office and certificate of appointment for John Troberg that would have expired on December 31, 2006 if
it had actually been filed on September 19, 2003, as required by law.
Document #15. Cover sheet for the recording of John Troberg's oath of office and certificate of
appointment. The oath and appointment are dated september 19, 2003 and recorded on August 22,
2007.
This oath and appointment were invalid before they were even recorded because the term covering this
oath and appointment on December 31, 2006. The invalid oath and appointment were recorded
without paying the mandatory filing fee and salary warrants are being issued to alleged officials who
Page 7 of 10
have failed and/or refused to qualify for such offices and who are therefore not eligible to receive a
salary. How many other salary warrants are being issued to people who are not eligible to receive
salaries from the public funds?
Document #16. PRR request to TIm Gray dated December 26, 2007.
Document #17. PRR response from TIm Gray dated December 31,2007.
This response confirms the fact that false salary warrants are being illegally issued and paid to persons
who have not qualified for the offices they are assuming.
Paul Murray's invalid oath is from 1990, was never filed according to law and was issued by a sheriff who
has been out of office for more than 20 years and this condition applies to many others usurping offices
of Stevens County Sheriff Deputies.
If you look dosely at what is supposed to be an oath of office for lloyd Nickel you will see it has never
been filed and it was fabricated in a fraudulent attempt to make it appear to apply back to the 1991.
Both Nickel and the notary illegally dated and subscribed this document nunc pro tunc to make it appear
that Lloyd Nickel had a valid oath of office. This is one of the reasons the law requires documents to be
filed according to law; to prevent such fraudulent misrepresentations such as this.
I am only going to address one other document related to the PRR requests. This additional copy of
Troberg's alleged oath of office is certified by TIm Gray as being THE true and correct copy of Troberg's
official oath of office. Take notice of the fact that the copy I received from Tim Gray on August 22, 2007
is absent the notation that now appears on the one he provided to me on January 8, 2008.
Document #17. Oath and appointment for Scot Stuart dated September 13, 2005.
This document was filed into a mandamus proceeding by Timothy Rasmussen on February 24, 2010
relating to the oaths for the term 2007 through 2010. Not one document meets the requirements of
being part of the official public record as required by ER 803(8), (see RCW 5.44.040), ER 902{d) or ER
1005, but because another criminal usurper acting as a Spokane County Superior Court Judge, atso in
violation of RCW 42.12.010(6) falsely allowed them as valid. But, the list again is not complete, although
it does include Pamela Payne's oath, it does include the oaths for criminal usurpers District Court Pro
Tern Judges Virginia Rockwood and Fred Aronow or any oath at all for the deputy prosecutors or deputy
sheriffs.
Document #18. Invalid oath for Virginia Rockwood dated January 8, 2010.
This document was not filed according to law and therefore does not appear in the official public record.
Document #19. Invalid oath for Fred Aronow dated March 21, 2011.
This document was not filed according to law and therefore does not appear in the official public record.
Document #20. PRR response from Washington State Archives dated July 8, 2009.
This document confirms the fact the Steven Goff, Washington State Supreme Court Commissioner does
not have an oath of office and is illegally usurping that office. See SAR 15{j).
Document #21. PRR response from Tim Gray dated January 20, 2004.
Page BoflO
3
AnotherPRRconfirmingTImGray'sknowledgethatoathsarebeingfiledasrequiredbyRCW36.16.060,
butheisstillacceptingandauthorizingpaymentoffalse salarywarrants.
Document#22.VerificationCertificateforBond No.105188820datedDecember7,2009 forPatricia
Chester.
ThisdocumentraisesaquestionastowhetheritcomplieswithRCW 36.16.050requiringabond,not
severalbonds;RCW29A.40.133,again,"Anyrequiredbond",notseveralbonds;RCW29A.20.040(2)
"Forelectiveofficesofcounties,cities,...,thetermofincumbent endsandthetermofsuccessorbegins
afterthesuccessoriselectedandqualified,andthetermcommencesimmediatelyafterDecember31,
followingtheelection,...,
Forelectiveofficesgovernedbythissection,theoathofofficemustbe takenasthelaststepof
qualificationasdefinedin29A.04.133..
Bytheclearmeaningof thewordingofRCW36.16.050,29A.04.133and29A.20.040thereisonlyone
bondforthetermofoffice,notseveral,andthisistobedonebeforetakingtheoathofoffice,takingthe
oathbeingthelaststep.
ThereisnothingintheclearwordingoftheaboveRCW'sthatwouldallowforpartialorindefinite
bonds.
RCW42.12.010(6)alsospecifiesasinglebond,notbonds.
Thisdocumentalsodoesnothaveanendingdateandacoupleofotherissuesinregardtothefollowing
twoitems.
Document#23.StatementofAccountforStevensCountyTreasurerandClerkfromChewelahInsurance
AgencydatedDecember10,2009.
ThisdocumentshowsapaymentforSusan HarnashbutshowsChester'spaymentwasnotmade,but
hasageneralfilestampfromtheClerkofCourt'sOfficeonthebackof thedocumentdatedFebruary2,
2010.
"Nonfeasanceinofficefromwillfulneglecttoperformofficialdutyconstitutescrime."Statev. Setrit
(1914)82 Wash.520,144 P. 725.
See RCW9A.80.0lO,42.20.100and9A.56.130.
If youcannotproducecopiesof thepaidreceiptsprovingthemandatoryfilingfeewaspaidtofilethe
mandatoryoathofofficethenproducethelaworvalidauthorityyouarerelyingonthatprovidesthat
oathsofofficeareexemptfromthelawthatrequiressuchfeesforthefilingof everydocumentthatis
requiredorauthorizedbylawtobe filedintotheofficialpublicrecord.Ifyoucannotproduceeither
thenpleaseconsiderthisareportofsubstantialandwidespreadviolationof thelawrequiringthe
collectionof themandatoryfilingfeesforthefilingof theoathofoffice.
JimmyEllis, Clark
2567BodieMt.Rd.
Colville,Washington
Page9 of10
Page 10of 10

'lfji
to,

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,

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',. for'cqi'rupt",ineom.pete:p.t- ,
esqwTeS;just '
. slttiiig o:Q.:'
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"we '-,have allowed 'these"

o\lrrighfS, but most-of.
,a!1. ti?-e.peoplejj.lst sit on..'
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-
Prosecutor's Comer Print E-mail
Wednesday, 19 March 2008
By S(CVt:llS County Prosecuting
Attorney, Tim Rasmussen
Mr. Clark and company presented their requests for citizen's complaints against the
deputy prosecutors, me and other elected county officials before a visiting judge last
W~ n f s a y afternoon.
The hearing took all afternoon. I did not attend because I have work to do. At the
conclusion of the hearing, the judge denied the request.
The very fact of a person being able to challenge the power ofthe state is a testament
to our freedom. The law allows a citizen to put their concerns about the executive branch
ofthe government before the judicial branch of government. Our system gives the
citizens the right to challenge the power of the state before the judiciary.
Good citizenry acknowledges that all the laws apply to each of us, not just the ones
that we agree with. We should all strive to be good citizens, honest in our dealings with
each other, and we should respect the laws that we have put in place to govern us.
We are still in the process of trying to find someone to supervise the workers on the
work crew. We have an advertisement in the paper (Statesman-Examiner), but we have
not had much response.
We need to find someone to direct the work of no more than seven people as they
perfonn projects for the county. They need a valid driver's license and, for now, will
work on Thursday, Friday and Saturday for eight hours or so. This would be a contract
basis without county benefits, at present.
There would be no need to supervise inmates ofthe jail because the program will
function for now as a way for persons to work instead of going to jail.
Necessary equipment and training will be. provided. We want to find someone who
has basic computer skills and who is in good health. Basic first aid training leading to
CPR training will be provided. Surely there is someone who could assist in this program
for pay. If you know of someone, please contact us.
Last Updated (Wednesday, 26 March 2008)
} r-I
OOttnty of'Ste've:ns





R&;" 26.,20Q]
:tl?lrk:
.

for Ubyd Nickel,Mr.,Troberg:and stuart
hdhse(L Ihave no"OathofOffipf'
-3. Documentendosed.
4. Copy6foath,of'Offkeand appointmentfor:Offic-ert?!urtay:IdQnothave
anyoathsote:tppointinentsfortheothersQnyourfist.
RespectfuIty,
..
11mGray
StevensCoun A ditot
att9chments
4.' Pto.duce:a'cot>yofthe, oothofo:ffiee':artd appomtrrten1S for the following, persons
'Stevens county by your: RGW' S(i; 1:6.q60;
CoJirtWebb
',ire
_ ,eor'e' '
MilJrarhi.lt

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2
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.(,(2;
'f9i:'Titn:fuaY

1'his.isa:l>DA
1. Please prodlice any asSteveIJ.S county auditor relating
to thepayrIlent to the law W. RiverSide. Suite 250
. ar,td .Tim
.'81a.q1crnan mease, #'2 Clark v., 25,atIdlor2006.
2. Produce a "Oath employed by the
Stevens county s offlCeas RCW'
36.27.040 and, filed as reqUired by
Lloyd' Nickel
Mr, Turplesmith
Mr. Troberg
Mr. Stuart
3. Produce a copy ofthe sWqrIl :flfl1ila:vityou ct;'eal.ed for Mr. Troberg OpOT about
August 21, 2007 reJating'toJheoaf:hof dfflcedated. 2003. signed by Mr. Wetk.
SIAIEOF',\VASHtNGTON
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I;)Ofurlt.jjh%dQ'Solemrilyswear:fhatlam, aCitizen0f
tbatfwi11 support theCon-stitutionand'LtiW$of
bfcWashington,alldwillto
my.:1uAgI:!'l.ent, skIlt andahlUty. trulY,faitlifu11X; diligehtlyandimp?rt1al1yperlcitnlthe
. . '. . . " ' ..! .
Washing.too,.as
la"y, iibh'elprrieGod. !l:\ POI it\
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ASSeSSOR'S PARCELNUMSER(.S) -"-
NUMBERSOFRELATED DOCUMENTS:
,'tifapp,Uc,abl4[!) ., ' . ,
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6
7
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Inthis regard} 1havereviewed my file for Oaths from theProsecutor's 011ice, and Iha\'e on
file the original Oathsigricd by JohnTrobergdatedSeptember2003. Atrue copyis attachedhereto.
rcertify underpenaJtyofperjuryunderthel"wsofthe StateofWashington thatthe foregoing
is true and correcl
Ifurther acknowledgethatgivingafalsestatepJentwhich affects acriminal proceeding is the
crimeoffalse swearing, agrossmisdemeanot,andthat1maybecharged \vith that crime ifIgive a
materiallyfalse statement.
SIGNED MTIS\VORt"'l to beforemethiskf..
:Q.
dayofAugust;2007.
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500 tax (509" 63-1':"539
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tJolm: 'a.'Citiio{the UIiitedStales&id
Of-lhe and
:Laws,ottheSta1otWaShlngton.jand will to the hestof
and ability', the
ill 'and r6rStevens, Co.. ."
such duties are . _. . .
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du#Softhe office-ofPeptlty Prosec)Jtor in and for steve s Co .-; Washingto_n. as
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.IJ: ti:larIIDi1.a itiZert ai4..
1will.suPP01:t
$tii,t.esa,ndtheCo:nsii-iu.tiQli and Lavisoithe State to the best of'
m trUly, iaUypenorm
such duties are prescribed by law. so help me God.
Mve
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SUBSCRIBED AND SWORl"J to before me.this 19th day of September. 2003.
c
> J1W/l .. j)/ fUifntvnz;-
". Totary :Public in and f9f the .
State of Washington. J
Commission Expires: jo=DJ -t/l006
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215 South oak Room 206 Colville; Washington 99114-2861 684-7575

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:2 I5 South Oak' Room 206 Colville,; Washington 99114-1861 684-7575
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teIJ11'J29:i 1995
(6) Previous tetlfi J996tbr01J&,o:t91
2. Please state
3.
Page 1 of 1
County o!Stevens
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AUgO$t31,:2.Dl.0';
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{2} Tetro:2,OQJ:tP:,2QOl ftl.;
f3} Term1999to"2003
{4} Term'1'9S f<>:19S0 ,"::None,;on;ftiK.
(sy Term1991 -None;<jtYfile"
(6) Term 19QO'to; yoUto
2. Certiftedcopy. ofany'wntten thetermsabove..
. 2Q07
documentsfOUhd.c:Acertifiep"cqpyl? readYfQrypu topltk;.up;
3, Seeabove.
4. COstofthetwocertifiedcostsIs$6.00; Itrled. nLJrpber
listedand gotnoanswerorrecording, so Irna'fled thisJetier.- ..
.RespectfUlly,
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O
fin'S CO " St d
1m ray, ev-a ,untyAu itor
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August 27,


2Q07
.
. 1990
(5!;Previbustertti::lWFthtbugh 1995
(6) Previo4$ tnll1990thtough 1991
2..
STEVENS COtJNtY DEPUTY PROSEcUtOR.Lloyd,Nickel fot'each-ofthetei1iis
rabove. .
4. Please netlfy me when these. documents are ready. PH: 7324154
Page 1 ofl
F:WyDocumerrts\}imm1s rDA's 2010\AuguSt 27 Tim Gmy.doe
cueNT# 1'588'
PRODUCER
Amount of remittance $
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$663.29, .
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CheweUih InsiJrance AgencV
POBox 316
Chewelah WA 991 09
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61 to'90
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If
Co.unty Tre.asurer&
215$. Oak, Room163 '
CQIville, WAW:114 .
page 1
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:-: .,--:
bearMr;C!ark;:

Deputy Blackman; to'eckWitflSheriff,CraigThayer;
- '.. ... ..
f6r'$,pjetipryourtJUdge
ofSlateOffrce in a' three:county C,ollrtdismct They can be.
EJI!off,
Se-cretarypfstiiterElections
PO Box 40232 '
Olympia,WAS8S04-0232
Hespecffi,lliy,
,
Tim Gray ,
StevensCounty , aitor
..1--
. -
Jinmry Ellis, Clark
2094 Onion Ck. Rd. LOI A
Colvil e. W '-Ill! i -l_l)(>",
July 8, 2009
\Ir. Clark.
I have searched the oaths of office in our collections, but have not found one from
Supreme Coun Commissipner Steven Goff. You or a representative may also review the
oaths of office if you \\ ish. Our fiscal depanment has been instructed '(0 refund your
check in the amount of55.00..
Sincer Iv.
Frin Whirese Jon
:'-13te:, 'C
1LY .as . gto CC St.:
Olympia, \ A 9 -04-02"'8
leI: 360) 586-1492
research@sec late.\ a.go\'
f ]1 1 fY ELLl CLARK
2567 BODIE Nfl' , NO. U 391
- COLVTLLE, WA 99] 1-1
l
IS- 'i2;,a '\4
13100
Dale.",,";,,,
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COUR,.
FILED
WASlIINGl'ON'
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Iijshereby V{1ll."F.re.d,ArPIlQW
,ThJlWOre; fotStevens:,CoUho/l;;>lStrict J20tlrt 611. h.as1s:as:
_,' ],4h


(a.ilhfnll)'discbargothe_duties of'the office of'

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2.' Sheriff
Nov. 23,-2010)
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Hr
n ,'qo.Wlty
12 ',:PtosectitmgAuoIiiet 'TJm1bismussezt
13. UiS,
l4 ,," Sheriff $:ep1. 23; 201P);
fSsheriff
16-
TTeiiSurer
17
S. Ham:asch:-
18

19
20
6. :AlloathS 6fofllce:'and;6fflCialbortds,:,al?i>ear to be in order, to the bestef PlY knowledg.e and'
21 _u
I1
deJstanCiing.
22
23 Signed at \Va'shington this 13 "day()f $6 '2010.
24
25

26
'Timothy Rasmussen
27
28
29 DECLARATION - 2
30 STEVENS COIJNTYPROSECUTINGA11'0RNEY
P,b,BoXj90
wA"99J 14
(509) 684-7500 fa:: ($(>9) 6&4-8310
COPY
QIRJGjW'ij...FlLED
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; .; tfurQ,tliiRasmussenj
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J0: fnyofficihL
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. AWich@:a.re ofoffice Gfj"@,tY:'AYititor

T:i.nJ'Gray,:fQr' Dec,ember- J:1,:2PtO::
13'
Assessor AlTaylor
14;
Tim Gray
1.5-
Clerk
PatriciaChester
J6 '
AildiJor
Coroner
PatriciaHanc'ock
17 County
MalcolmFriedman
L8: .CountyCQmnllssioner
MerrillOtt (term:exprred12lJ1I20.rO).
1q .COuntyCommissioner
LarryGuenther
20 Atiprney
Tim
Craig Thayer (resigned tohecome D,S. Marshall Sept.8,. ZOl 0)
21 -Sheriff
22
23 DECLARATION - l
.sTEVENS CPWITY.PRQ$EClJTfNG AITORNEY
24
p:'b. BOX390
Col,,:i1i', \VA 99tl4-
25
(509)684-7.500 fax 684-8310
STA'fEOFWASHIN6T0N
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&-r 'w"',A,oHIN''G- -- 'T'AN
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riO,T, nT"T'V '0'1:',' S'TE':'1'1:11.]S.
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t soleron1y :swear lamaCitizenpf
ol'the$tatffQfW that 1will sl1ppcirt'tbe Constitution

my ability? truly, diligentlyandirrtpartkity.;pe!f<>mtthe
dutieso(the;off}ce ofDeplity Prosecutor in and for Stevens County .J"
law, so help me God.
SWORL""if to before me ihi$,13thday 2Q05.
I .

NotaryPublic in and for the
State ofWashingto.n" 0. . ,
Commission
)
,}
1
.r.ti"",:;j,
,U'v,U.,
. of '} ss
Cdunty of Stevens
I 7(Wl . Audito,rofStevens
\VJshington, dl) hereby certifytbat the
instrurilem i.- a t!1.ic anu COIrect copy of the
uri2hwl tlo\V on file in my office. .'
IN TESTIMONY \Vl-IEREOP. I have hereunto set ,my
!t:md and nffi:ed the of my office :Jt ColvtlJe.
.. 20'cJ.
Declaration/AsseverationofFaets
Comes now, the undersigned, ernie-lee: hoch, Declarant, being of lawful age and
competent to testify, by way of this Declaration/Asseveration
l
and avers that the following
statements are true and factual based upon Declarant's personal knowledge, belief and
comprehension concerning the status ofDeclarant as one ofthe People on Stevens county on
Washingtonstate.
1. Be it known to all governments, government subdivisions, courts, and other parties,
that T, ernie-lee: hoch, Declarant herein, am a natural, freeborn man in the flesh, a
people in possession ofthe birthright as described in 4 Wheat 402 and one ofthe
sovereign people acknowledge by RCW 42.56.030; RCW 42.30.010; WAC 44-14-
01003;and,RCW42.17A.OOl.
2. That Declarant did schedule a meeting for April 8, 2014, with the County
commissionersofStevensCountytomakeapresentationand petitionthemtoexecute
and implement an Oath of Office Ordinance along with a Conditional Offer of
Amnesty.
3. Declarant states that nearly 50 additional people attended this meeting and when
"commissioner"SteveParkeraskedifthiswastheconsensusofthose intheaudience,
thepeopleansweredwitharesounding"Yes",and notoneofthepeopleinattendance
objected.
4. Declarant states that as ofthe subscribed date ofthis Declaration/Asseveration, a
video ofthe presentation ofthe Oath ofOffice Ordinance and Conditional Offer of
Amnestywas uploadedandinexistenceonYoutube.comat:
https://www.youtube.comfwatch?v=PKJ3NEtZaxw
5. Declarant states that a digital CD was given to the Stevens County Commissioners
containing a PDF copy of the presentation of the Oath of Office Ordinance and
Conditional OfferofAmnestyand that it washanddeliveredby Declarantto beapart
ofthepermanentand historical records oftheCommissioners' officespecifically,and
StevensCountyin general.
6. Declarant states that shortly after that meeting on April 8, 20]4, all eleven (11)
eJected"officials"wereservedwitha NoticeofNon-Compliancewith StateLawand
a copy ofa certified copy oftheir "oath ofoffice" referencing therein the issue of
alleged "oaths ofoffice" were not made part ofthe official public records because
these "oaths" are withoutevidence ofbeing FILED per specific RCWs identified in
the Notice, no evidence of mandatory fees paid and no evidence of a unique
filing/recordingnumber.
1 Asseveration: The proofwhich a man gives ofthe truth ofwhat he says, by appealing to his conscience as a
witness. Itdiffers from an oath inthis, that by the latterhe appealsto his Creatoras awitnessofthetruthofwhat he
says, and invokes him, as theavengeroffalsehoodandperfidy, to punish him ifhe speak not thetruth.
Declaration/ AsseverationofFacts Page 1of3
7. Declarantstates the"originals"ofthese"oaths ofoffice"are stamped bythe County
Auditoras"RECEIVED",the"originals"areretainedbytheAuditorandnotreturned
to the document maker; the documents are stored in one ofnumerous non-fireproof
filing cabinetand not inthe Auditor's vault; are locatableonlyby a manual searchof
manilafolders perTim Gray's2 own words when interviewed onvideo and uploaded
ontotheInternetat:
bttps://www.yootobe.com/watch?v==piXSV4zzbog
8. Declarant, being a man of common intelligence), states that his knowledge and
understanding oftheRCWs is suchthat iftheOaths have not had a fee paid and are
notassigned an auditor file number; are not scannedin and digitally archived in the
official records of Stevens County and are not forwarded to the official State
Archives in Olympiaforarchivingthennoevidenceexists these"oathsofoffice"are
a partoftheofficial publicrecordsof StevensCountyortheStateofWashington.
9. Declarant states that his knowledge and understanding ofthe RCWs and certain
Washington court cases establish that these elective offices are being occupied by
personsnotdulyqualifiedtoreceiveasalaryforthatoffice.
10. Declarant states that his knowledge and understanding of the RCWs shows the
legislative intent for qualifications and that all eleven elected "officials" in Stevens
Countyhavefailed todulyqualify for office, thus identified in those RCWsas being
usurpersofand intrudersintotheofficetheyoccupy.
11. Declarantstatesthathehas personal knowledgethatonMay27,2014,all eleven(11)
elected"officials"wereservedwitha NoticeofVacancyof Office.
12. Declarantstates that state lawand verifiableevidenceare sufficientas such, that the
elective offices in Stevens County Washington currently occupied by persons not
quaJified to hold office are the County Prosecutor, the County Sheriff, the District
CourtJudge, the CountyCommissionerDistrict].the CountyCommissionerDistrict
2, the CountyCommissionerDistrict3, the CountyAuditor,theCountyAssessor, the
CountyTreasurer, theCountyCoronerandthe CountyClerkandExOfficioClerkof
theSuperiorCourt- elevenoffices in total.
13. Declarantstates that his participation \'lith We thePeople has beenoneofseekingto
return Stevens County back to being a shining example ofhow good government
works for the people andone in which office holders do not showtheircontempt for
the law by being lawbreakers and unjustly enriching themselves at the tax payers'
expenseforanofficetheydo notlegitimatelyhold.
2 Currentoccupierofthe OfficeofStevensCounty Auditor.
) ....courts must presume that a legislature says in a statute what it means and means in a statute what it says
there. "See, e. g., Unitt:{! Statesv. RonPairEnterprises, lnc., 489U. S 235, 241 - 242 (1989); United States v
Goldenberg, 168U. S. 95, 102 - 103 (1897); Onealev. Thornton,6Cranch53, 68 (1810) "A statute which either
forbids or requires the doing ofan act in terms so vague that men and women of common intelligence must
necessarily guess at its meaning and differ as to its application. violates the first essential ofdue process of law. "
Connally vGeneral Const Co., 269U.S 385.
Declaration/Asseveration ofFacts Page 2of3
I, ernie-lee: hoch, declare
4
according to the penalty of perjury under the laws of the United
States of America that the foregoing is true and correct to the best of my knowledge,
understanding and belief. This Declaration!Asseveration is made without purpose of evasion or
intent to mislead. If some fact is proved by facts, law and evidence to be incorrect, I reserve the
right to amend it for the truth to be clearly stated. This Declaration/Asseveration must be
accepted as Truth, unless a Counter Affidavit or Declaration is signed under the penalty of
perjury, and presented in dispute. Truth is the law of Commerce. Judgment must follow the
Truth. This Declaration/Asseveration must be accepted as Truth in all Courts. Failure to do so is
denial of the truth.
So Jet it be written! So let it be done!
And further Declarant sayeth naught.
Dated this day of.:JVn g" <
,20 _
ernie-lee: hoch, Declarant and one of the
sovereign people on Stevens County
SIGNATURE OF WITNESSES
We hereby appear as witnesses to the act of Declarant, ernie-lee: hoch, signing this
Declaration!Asseveration of Facts.
.
ess NO.1

Itness NO.2
cr:
Witness NO.3
[28 USC 1746(1))
Declaration/ Asseveration of Facts
Page 3 of 3
4
County of Stevens
State of Washington
Office of County Auditor
TIM GRAY, County Auditor
215 South Oak
Colville, Washington 99114
(509) 684-7511
Fax (509) 684-8310
April 5, 2005
JimmyEllis Clark
clo 2567BodieMr. Rd.
#24
Colville, Washington
DearMr. Clark
In responsetoyourFreedomofInformation Requestpresentedto meon April4,
2005 Ioffernoanswerbecauseyou are seeking an opinion, notinformationand I
do not legal skill necessaryto answerthe question.
In responsetothehand written, unsigneddocumentpresentedbyyourselftome
onApril4, 2005Iofferthefollowing:
a. Idonothavethelegalskillto give an opinionon the constitutionquestion.
b. Idonotrequire thatprivatepropertybe recorded.
c. Oathsofofficearenotpublicrecord according RCW42.17.020(36).
d. Idonothavethelegal skilltogivean opinionastowhetherornotafiled
documentrequiresafilestamp.
Respectfully,
~ r .
StevensCounty u itor
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis, Clark, Petitioner No.
v. OrdertoShowCause
Susan Harnash,Tim Gray,
SteveParker,WesMcCart
And DonDashiell,Respondents
OrdertoShowCause
To:Susan Harnash,TimGray,SteveParker,WesMcCartandDon Dashiell, Respondents.
JimmyEllis,ClarkPetitioner,havingfiledawritofprohibitionagainstyouand goodcause
appearing.
Itisorderedthat:
1. You shall appearbeforethiscourt,at a.m./p.m.,on toshow
cause, ifanyyouhave,whyapreemptoryand permanentwritofprohibitionshouldnotbe
issued againstyouas requested inthe petition.
2. Anywrittenmotion,motiontodismiss,answer,orotherresponsemadebyyoushallbe served
on Petitioner,and filedwiththiscourtpriortothetimeofhearingas previouslyfixed, notlater
than a.m./p.m.on _
Date _
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis, Clark, Petitioner No.
JudicialNoticeinSupportof
v. PetitionforaWritofProhibition
Susan Harnash,Tim Gray,SteveParker
Wes McCartand Don Dashiell, Respondents
JudicialNoticeER-201{d)tothejudgeassignedtohearandruleonthisPetitionthat:
Thisis ademandforthecourttotakemandatoryjudicialnotice,and inorderto
establishjurisdictiontohearorruleonthisWritofProhibition,demandisalso madefora
lawfullyrecordedoathofoffice,meetingtherequirementsofER 1005tobefiledintothe
record ofthisproceedingbeforehearingormakinganyrulingsonthemeritsinvolvedinthis
matter.
RCW 36.17onlyallowssalariesfrompublicmoneytobepaidtoofficersandemployees,
butonlyofficer'ssalariesare relevantinthismatter.
The legislature,actingwithinitslawfulauthoritydefinedtheterm"officer" inRCW
1.16.065and theWashingtonsupremecourtinterpretedthetermtlofficer"in McIntoshv.
Hutchinson(1936)187Wash. 61,59P.2d 1117;Stateex reI. Fittsv. Gibbs(1952)40Wash.2d
444,244P.2d 241;StateexreI.Johnstonv. Melton(1937) 192Wash. 379, 73 P.2d 1334,andall
ofthesecases requirethetakingandfilingofthisoathofoffice.
Art.VI, cl. 3oftheConstitutionfortheunitedStatesmandatesthetakingoftheoathof
office.
Page1of4
Title4USC sec. 102requirestherecording.
"Wherean actusesthewordin aspecialsensewhich itdefines,definition,byaverage
manorbyordinarydictionaryisnotsubstituteforthedefinitioncontainedintheact."National
HomeopathicHospitalAss'n ofDistrictofColumbiaet.AI. v. BrittonDeputyCom'r, 147F.2d
561.
"Whenlegislativebodyprovidesdefinitionsforstatutoryterms,itisthatdefinitionto
whichthepersonmustconformhisconduct."CityofSeattlev. Koh, 26Wash.App.708,614
P.2d 665(1980).
Definitionsareintegraltostatutoryschemeandofhighestvalueindetermining
legislativeintent....Toignoresectionistorefusetogivelegaleffecttopartofstatutorylawof
state."Statev.Taylor,30Wash. App.89,632P.2d 892(1881).
NotonlydidtheWashingtonlegislaturedefine"officer"italsodefinedthewords"file",
"filed","filing","record",recorded",and "recording",inRCW 36.18.005,buttheyalsodefined
thesesametermsinRCW 65.04.015,and addedthedefinitionof"recordingnumber".
WithallofthedefinitionsprovidedinRCW 36.18.005and RCW 65.04.015andtheexact
procedurelaidoutin RCW65.04.040forincorporatingdocumentsintoand makingthemapart
oftheofficialpublicrecord,thereis noexcuseforthefailure, neglectorrefusaltocomply,nor
doesRCW 42.12.010(6)allowforthisfailure.Thelegislaturewentevenfurtherbyenacting
RCW 42.20.030and madeitacrime.
Apersonoccupyingan officeunderthejudicialdoctrineofa"defactoofficer" doesnot
comewithinthelegislativedefinition,northeWashingtonsupremecourt'sdefinitionsofan
"officer"entitledtosalariesallowedunderRCW 36.18.
"Thelawrequiresnotconjecture,butcertainty." Coffellv. Ogden,85S. Ct. (1885).
",compensationofpublicofficershadtobe strictlyconstruedinfavorofthe
government,and such officersareentitledonlytowhatis clearlygiven bylaw."Murphyv.
Dept.oflicensing,28Wash.App. 620.
"Astatuteshould, ifpossible,beconstruedsothatnoclause,sentence,orwordis
superfluous,void orinsignificant."Gravesv. Meyers,35Wn.2d403, 407,213 P.2d 483 (1930).
See also; Furniav. Grays HarborCounty, 138Wash. 619, 621,291 P. 111191930);67
c.J.S. Officerssec. 226 (1978); "Anofficerdefactocan notmaintain;::suitforfees." 24Am. Rep.
715;9ib.409;Peoplev. Hobison,J. Denio,579.4.
RCW36.18.050- Feesinspecialcases
RCW 36.18.060- Feespayablein advance- exception.
RCW 36.18.140- Paymentoffeestocountytreasurer.
Page2 of4
"Except fees paid or chargeable to county or state, all fees were to be charged,
collected, and paid into treasury, and state was not absolved from liability for cost by former
statute." Department of Labor and Industries v. Ayer (1936) 185 Wash. 310, 54 P.2d 1019.
" ..., but the court held, that judges right to hold public office was subject to
qualifications imposed by legislature." State ex reI. Carroll v. Simmons, 61 Wn.2d 146; 377 P.2d
421 (1962).
All superior court judges and district court judges are elected by the county voters, not
the state at large.
Black's Law Dictionary 6
th
Ed. Defines "County officer" - Pubic office filled by the
electorate of the entire county.
RCW - Constitution Art. 4 sec. 5 - ''There shall be in each of the organized counties of
this state a superior court for which at least one judge shall be elected by the qualified electors
of the county.
Art. 4 sec. 13 - One half of the salary of each superior court judge shall be paid by the
state and the other one-half by the county, or counties for which they are elected.
" ... we stated that superior court judges, in addition to being state officers, are also
county officers." State ex reI. Edelstein v. Foley, 6 Wn.2d 444, 448 (1940); In re Salary of
Superior Court Judges, 82 Wash. 623 (1914).
There is an argument by some persons occupying offices of superior court judges, that
because they are not listed as county officers in RCW 36.16.030 they are not required to comply
with RCW 36.16.040 and RCW 36.16.050, but the words say differently
RCW 36.16.030 starts off with, stating in part, "Except as provided elsewhere in this
section, in every county there shall be elected from among the qualified voters of that
county." This statement does not include district or superior court judges, because the Bar
Ass'n has absolute control over the judicial branch and only their members are allowed to hold
those offices.
But, "RCW 36.16.040 - Oath of Office" uses the words - "Every person elected to
county office shall...", and makes no exceptions.
Again, "RCW 36.16.050 - Official bonds." Uses the same word - "Every county
officiaL.." but under the purpose of this RCW, you are referred to RCW 42.0B.
The second paragraph uses the words ''The official bonds of all county and township
officers, except ... ", and only lists one exception which does not include judges.
Page 3 of4
As shownbythewordsused bythelegislatureand as statedbytheWashington
supremecourt,superiorcourtjudgesarerequiredtoqualifyfortheirofficeas mandated by
RCW 36.16.040and RCW36.16.060,justlikeevery other countyofficial.
SubmittedbyPetitioner:
~ o.eJ--.:.. l ~ ~
L- ~
. myEllis, Clark
2567BodieMountainRoad
Colville,Washington99114
PH: 509-675-4021or509-6755988
e-mail:jimmyandtoni@yahoo.com
Page4of4
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis,Clark, Petitioner No.
v. MotionRequiringRespondent's
Susan Harnash,TimGray, AttorneytoProduceAuthority
SteveParker,WesMcCart toAppearon behalfof
And Don Dashiell,Respondents Respondent(s)
Comesnow,JimmyEllis,Clark,thePetitionerintheabove-entitledactionand movesthe
courtforan orderrequiringanyand all attorneysclaimingtoappearon behalfofRespondent(s)
toproducetheauthorityunderwhichtheyappearinthisproceedingonbehalfoftheabove-
named Respondents,allofwhichclaimtobeelectedofficialsofSTEVENS COUNTY,
WASHINGTON and all proceedingsbestayeduntilsuch authoritybe produced.This motionis
madeonthegroundsthattherearenoprosecutingattorneysauthorizedbylawinSTEVENS
COUNTYand isfurtherbasedupontheattacheddeclarationofPetitionerinsupportofthis
motion.
Dated 7- 3 - ,4-
Page1 of2
I certify that a copy of this Motion to Produce Authority to Appear was filed with the filing of
the Writ and each Respondent received a copy of this motion when service of the Writ was
made upon him/her.
Page 2 of2
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis,Clark, Petitioner No.
v. DeclarationinSupportofMotion
Susan Harnash,Tim Gray, RequiringAuthoritytoAppear
SteveParker,WesMcCart
And Don Dashiell,Respondents
I,JimmyEllis, Clark, Petitionerabovetheageofeighteen,withfirst-hand knowledgeof
theinformationstatedhereindodeclare;
RCW36.27.005definesaprosecutingattorneyasan attorneyauthorizedbylawto
appearand representthestateandcountiesthereofin actionsand proceedingsbeforethe
courtsandjudicialofficers.
RCW 36.27.020 - Duties,againtheauthoritytoappearand representthestateor
countyrequiresaprosecutingattorney,authorized bylaw.
Statev. Cook, 84Wn.2d342;525P.2d 761 (1974)"Becausetheprosecutingattorney's
andhisdeputiesholdofficecreated bytheconstitutiontheyareinlawpublicofficers.Const.
art. II, sec. 5.
TheState Legislaturefurtherdefined"officer"in RCW 1.16.065asanyperson
authorizedbylaw.And,thenthestatesupremecourtwentfurtherbydefiningan "officer"as
havingfiveindispensableelements,andthat"inaddition,officermusttakeandfileofficial
oath,holdcommissionorotherwrittenauthority,andgiveofficialbond,iflatterbe required
byproperauthority."See, Mcintoshv. Hutchinson(1936) 187Wn. 61,59 P.2d 1117,105A.L.R.
1234;Fittsv. Gibbs(1952)40Wn.2d444,244P.2d 241.
Page1of2
There has also been claims by the alleged STEVENS COUNTY prosecutor, Mr. Rasmussen,
that his deputies are not public officers and only need their oath as attorney, because they are
appointed not elected. But, again he is wrong, as shown by the following;
63-C Am. Jur. Sec. 124 - every person elected or appointed to any office in this state Ii
"is required to take the constitutional oath of office, which is an oath deparate and distinct
from the oath that all licensed practicing attorneys are required to take." Kern v. Wolverton,
181 W. Va. 143, 381 SE. 2d 258 (1989).
The Washington supreme court also covered this issue in;
State ex reI. Brown v. Blew (1944) 20 Wn.2d 47 [No. 29213 Department One Supreme
Court February 4, 1944] when it stated, in part, "Attorneys at law are officers of the court, also
others who render assistance to the judge ot the court over which he presides in the
performance of his duties. They are often designated as officers of the court, but they are not
public officers."
The next issue is RCW 36.32.200 Special attorneys, employment of. Since there are no
lawful STEVENS COUNTY commissioners with power to hire a private attorney or lawful
superior court judge to approve the hiring of a private attorney to defend in this proceeding, it
cannot be relied upon.

Petitioner
2567 Bodie Mountain Road
Colville, Washington 99114
PH: 509-675-4021 or 409-675-5988
Page 2of2
SuperiorCourt
StevensCounty
TheStateofWashington
JimmyEllis, Clark, Respondent
No.
v.
NoticeofDisqualificationfor
Susan Harnash,Tim Gray,
lackofLawfulAuthority
SteveParker, WesMcCart
And Don Dashiell,Respondents
1. Pat MonasmithandAllen Nielson,personsillegallyoccupyingtheofficesofSTEVENS
COUNTYSUPERIOR COURTjudgesfailedtoqualifyas requiredbylawforsaid offices.
2. Pat Monasmith,beforehisillegaloccupyingofsaid office,didknowinglycommit
numerouscrimes, includingfelonies,such asfilingfalsedocuments,mailfraud and
extortion.
3. Allen Nielson,whileillegallyoccupyingsaid officedidfilefalse documentsandcommit
extortionand more.
4. Theirfailuretoqualifyaccordingtolawfortheofficestheyillegallyoccupy,deniesthem
authorityoflawtohearorrulein anyjudicialproceedingin anycourt,andthisfailureto
dulyqualifyremovesanyso-calledimmunitytheycouldhaveclaimed.
Thisnoticeissubmittedwithstandingoffertoprove!

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