UPDATE: 11/04/2013. Today I filed a complaint against Judge Kevin Hull, for his ethical violations, with the Commission on Judicial Conduct. Click this link to read the full complaint.Complaint against Judge Kevin Hull
UPDATE My motion for a new trial, relief from judgment due to misconduct and fraud upon the court, and objection to the whopping “discretionary” attorney fee award of $89,000 to Scott Ellerby – a lawyer – was denied by Judge Hull.
Judge Hull noted very clearly that his decision was NOT based upon “who should have to pay fees”, but rather “the amount Mr. Scheidler has to pay Mr. Ellerby.” Recall Mr. Ellerby, Esq., is the attorney who abandoned me on the very eve of the hearing which he was hired and paid to attend. He claimed he had to withdraw because of a ‘conflict of interest.” Mr. Ellerby is also a high-ranking attorney with the WA State Bar (WSBA), and the WA State Supreme Court. So my complaint that Ellerby’s last minute withdrawal harmed me and I should be refunded my money was deemed “frivolous”. The lawyers (a.k.a., Judges) who presided over this case for almost 3 years felt that Ellerby, on summary judgement (one week before trial with a jury) should be awarded his “legal fees” in the amount of $89,000 for having to defend against my frivolous complaint of breach of trust (fiduciary duty), fraud …. based in his abrupt withdrawal. Of course Ellerby doesn’t admit to being forced to withdraw for a “conflict reason”…. rather he says that I asked him to abandon me on the very eve of the hearing.
Judge Hull says that his “duty” is to the Court of Appeals remand instructions to “shepherd the case promptly to summary judgement” and award fees on that basis. Yet the date Judge Hull notes as the “summary judgement date” is the very same date that went to appeal????
Stay tuned because this case will go on and on until “Justice” and a fair and impartial decision maker is found.
Beware… until lawyers are accountable to citizens our justice system is a game of “who you know” and NOT about the Law!!!
UPDATE: Sept. 18, 2013. Today I filed a CR 52 Motion to address factual issues and an RCW 4.80 “EXCEPTION” to Judge Hull’s denial of reconsideration. The document can be read at this LINK