Wednesday, October 26, 2011

Notice of Appeal Request To "Koch Firm"

I asked the appellate attorneys assigned to my son's case to please file a notice of appeal.

She responded that there is no such thing as appealing my case for my parental rights, writing that the only thing that was left was she could ask Washington State court of Appeals to modify the order by Wasson, or basically, they could challenge her ruling.

I stated, in writing, that I wish to preserve the right to Appeal my case further if Washington state does not reverse their decision.

Usually, a Notice of Appeal must be filed within 30 days of a last hearing date.

So I wrote to her, and one of the Sr. partners again, stating explicitly that even if their firm does not intend to appeal my case further, I still wish to preserve my own right to do so, Pro Se if needed.

So I again asked her to file whatever Notice of Appeal is appropriate to protect my right to remove the case to federal jurisdiction, take it to the 9th circuit, ask a federal question...whatever rights I have to appeal on, I asked her to please file the notice in a timely manner.

It doesn't matter if they don't intend to appeal further than State court.

As a parent, I am asking that all further forms of relief, appeal, and remedy be preserved through the proper and timely Notice of Appeal.

If that's a Notice of Removal within a certain timeframe, I have the right to know what my options are.

The other thing they were refusing to do is to give me a copy of the full and complete record.

It's illegal and unethical for any law firm to require a parent to surrender their fundamental right to their child by refusing to obtain withheld evidence or a full and complete copy of the record. It also affects what can be appealed on record. It's a reflection of NOT having had "reasonable" representation and while this doesn't matter in some civil cases, to appellate or federal courts, it does matter with regard to fundamental rights.

According to all case law, if a law firm or attorney has not provided "reasonable representation", this really is not grounds for reversal or appeal UNLESS the representation is about any fundamental right.

Courts decided a "fundamental right" is the right to have ones own is a liberty that is also construed as a fundamental right.

So when I kept saying my representation has not been "reasonable", this argument mattered.

And instead of including the arguments that really matter, in my appeal to Washington state courts, these lawyers and firms have deliberately taken advantage of their positions to keep anything important out of the record.

Then she wanted to say I had no grounds for future appeal or remedy, after they screwed me and my son over.

In my opinion, forcing someone to go without a complete and full record is asking a parent to surrender their fundamental right because they would know that having an incomplete record will adversely affect the parent's position.

That's aside from the entire matter of the illegality of taking my child in the first place and putting him into U.S. custody. They had no legal basis for doing so.

Even if a firm tried to argue they cannot be sued or appealed on for "inadequate representation", if they should force a parent to surrender a fundamental right to their own child and their right to seek redress, appeal, remedy, injunctive relief, etc., they are still forcing a parent to surrender a fundamental right.

This is illegal. Refusing to give a parent directions and instructions for purposes of preserving this right is definitely unethical, but coercing and threatening others to surrender such a right and take what the enemy gives them, is illegal and it's also possibly a crime--

...especially where it might be linked to a crime such as obstruction of justice by a federal or state department.

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