IN THE COURT OF APPEALS OF THE
STATE OF OREGON
|
The State of Oregon Plaintiff - Respondent versus Brian P. Carr Defendant - Appellant |
Case A132012 |
That the record in this case be expanded to include the exhibits attached to this motion along with the supporting affidavit.
That this motion and the previous Motion dated September 18,. 2006 (labeled Motion to Reconsider and for Other Relief, captioned by the Court as Motion to Supplement) be given a return date for the Department of Justice and, in the event that Department of Justice can not meet that return date, that the relief sought in this and the previous motion be granted.
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Dated: Location: |
March 12, 2007 Portland, OR |
Brian P. Carr Signature of Defendant - Appellant Brian P. Carr 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556 |
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IN THE COURT OF APPEALS OF THE
STATE OF OREGON
|
The State of Oregon Plaintiff - Respondent versus Brian P. Carr Defendant - Appellant |
Case A132012 |
It is apparent that the Court has effectively denied the Motion to Reconsider and granted the extension of time sought by the state through not enforcing the return date for a response to that motion. However, as the state does not seem to have the resources to deal with this matter, the court is requested to grant all of the other relief sought in the previous motion. The justifications for that relief was stated in that motion and is not repeated here.
The jurisdiction of all RCW 26.50 (domestic violence) Orders signed by Superior Court Commissioners in Clark County, Washington was questioned before the trial court on March 13, 2006. The additional evidence was not available at that time (all are dated in 2007) but demonstrates that they do not have jurisdiction in 2007.
On January 31, 2007 in case 78768-9, the Washington Supreme Court declined to address the issue of jurisdiction of Superior Court Commissioners in Clark County, Washington and so Oregon courts must rely on the existing case law in this matter.
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Dated: Location: |
March 12, 2007 Portland, OR |
Brian P. Carr Signature of Defendant - Appellant Brian P. Carr 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556 |
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IN THE COURT OF APPEALS OF THE
STATE OF OREGON
|
The State of Oregon Plaintiff - Respondent versus Brian P. Carr Defendant - Appellant |
Case A132012 |
I, Brian P Carr, am the Defendant - Appellant in this matter, have knowledge of the facts of this matter, and make the following statements under oath and penalty of perjury.
Exhibit A is copies of Orders appointing all the Judges of Clark County District Court as Family Law Commissioners for Clark County Superior Court in 2007 including Commissioner Eiesland, Hagensen, Melnick, Osler, Schreiber, Swanger, and Zimmerman. These Orders are as received from the Clark County Superior Court Chief Administrator, Mr. Jeff Amram. Mr Amram was not willing to make a statement that there were no other Orders for 2007, but allowed me to review the file.
On March 7, 2007 I visited the office of the Chief Administrator and reviewed the contents of a file labeled 'Commissioners' Oaths, Dist. Ct.'. It contained Orders and Oaths for all District Court Judges appointing them as constitutional Commissioners (citing Washington Constitution Article IV. Section 23 as the authority) for 2004 and 2005. There were also Orders and Oaths appointing these same individuals as Family Law Court Commissioners (instead citing RCW 26.12. as the authority) for 2005, 2006, and 2007. The Family Court Orders for 2005 were all dated after the submission of my Brief to the Washington Court of Appeals on May 10, 2005. There were also Orders and Oaths appointing District Court Commissioner Osler as a Superior Court Family Law Commissioner for 2006 and 2007. There were no other Orders in this file.
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I separately reviewed over 100 recent domestic violence cases processed by the Superior Court in Clark County and over 98% were signed by one of the Family Law Court Commissioners included in Exhibit A with one being an out of state order (no action by local commissioners for an Oregon FAPA order) and one was transferred to the 'Superior Court' with the current action being dismissed.
On March 12, 2007, true and accurate copies of this motion as well as the associated papers were served on opposing counsel in an envelope addressed to:
Department
of Justice,
Ref: Case A132012
1162 Court Street NE
Salem,
OR 97301-4096
with first class postage attached which I placed in a U.S.P.S. mail box located at SW 5th Ave and Stark in Portland, OR.
|
Dated: Location: |
March 12, 2007 Portland, OR |
Brian P. Carr Signature of Defendant - Appellant Brian P. Carr 11301 NE 7th St., Apt J5 Vancouver, WA 98684 360-607-0556 |
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