Cominus.com :: State V Sullivan

In the past, God overlooked mans' ignorance, but now He commands all
people everywhere to repent. For He has set a day when He will judge
the world with justice by the Man, Jesus Christ; the One He has appointed.
He has given proof of this to all men by raising Him from the dead.
                                                                                        -Acts 17:30-31

State v Sullivan :: 143 Wn2d 162

Category: Barratry and Frivolous

Kelly Russell Sullivan has some strange ideas about status and legal process. He places a period and comma between his middle and last names. He claims UCC status and civil protection under statutes that were repealed in 1944. He believes traffic cops must complete a “public servant questionnaire” and that a traffic stop is a violation of his constitutional rights. In response to his traffic infraction he served a “Demand for Particulars” upon the officers and their supervisor and flooded them with additional papers. The papers contained case headings indicating the venue of the court and used the numbers of the citations as case numbers.

Nonetheless, the courts cleared him of the crime of barratry, which is bringing a false suit to court with the intent to harass a defendant. The fact is this case was already in court although Sullivan’s papers were outside the scope IRLJ (Infraction Rules for Courts of Limited Jurisdiction) practice. Rather than intimidate the pro se litigant with a criminal suit, the State should have requested sanctions for his violations of court procedure.

Justice Talmadge wrote a concurring opinion but his arguments are worrisome. First): He wanted to use this opportunity to Legislate from the bench by more narrowly defining ‘judicial process.’ [At 188]; and Second): His purpose was to target pro se litigants whom he saw as deliberately disruptive to our justice system. [At 188]. Is the court powerless to defend itself? The only disruption that occurred in this case was created by the State pursuing the pro se on invalid criminal charges rather than asking for sanctions and penalties for abuse of legal process and violating court rules. To remedy further is to violate the rights of free men.

Rating the Usual Suspects:
passAlexander, Gerry  
passAlexander, Stephen  
passBrandes, Ramona  
passBridge, Bobbe  
passGuy, Richard  
passHaberly, M Karlynn 
passIreland, Faith  
passJohnson, Charles  
passMadsen, Barbara  
passSanders, Richard  
passSmith, Charles  
failHauge, Russell D 
failLoginsky, Pamela  
failSutton, Randall A 
failTalmadge, Phil  

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EPH 1:17-18 [NIV] :: I keep asking that the God of our Lord Jesus Christ, the glorious Father, may give you the Spirit of wisdom and revelation, so that you may know Him better. I pray also that the eyes of your heart may be enlightened in order that you may know the hope to which He has called you, the riches of His glorious inheritance in the saints.

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