LifePac of SW Washington

[answered by Ernest Edsel, candidate for
Dept. 2, Clark County Superior Court]

1.    What role do you believe a judge plays in our society and government?

Judges in Washington State have a duty to ignore trendy political causes, popular social movements, and powerful lobbying groups. Therefore, every judge must, first and foremost, strictly apply and uphold the U.S. and WA Constitutions, which are based on our Nation’s supreme political doctrine and philosophy, the Declaration of Independence, which boldly proclaims:

“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.”

Thus, when judges review legislation, voter initiatives, governmental actions, cases, and legal disputes, all judges must make sure that: (1) all persons are fairly being treated equally and not singled out, such as on religious grounds; and, (2) the unalienable rights of Life, Liberty, and the Pursuit of Happiness are fully protected.

This means, under the due process and equal protection clauses of the U.S. Constitution, that judges in our unique American legal system must:

1.    protect Life and not promote Death;

2.    protect Liberty and not promote undue governmental restrictions of the unalienable rights listed in the WA and US Constitutions, including the “Bill of Rights” named in the first Ten Amendments of the US Constitution; and,

3.    protect every person’s pursuit of happiness without unduly interfering with another person’s happiness, including their protected pursuit of religious, moral, or spiritual values and practices.

The due process and equal protection clauses of the U.S. Constitution also require that thoughtful judges consider all consequences and future implications of their legal decisions. That’s why some very smart legal scholars predict that state and federal judges will sooner or later have to decide:

1.    whether ever-expanding animal rights includes: (a) marriage between a man and an animal; or, (b) the use of hybrid genetic human-animal forms as pets or work animals;

2.    whether all or some prayer should be banned within 1,000 yards of any school or public facility;

3.    whether all or some abortions should be mandatory for all or some women since abortions are a legally-enforceable Constitutional right of all women according to the US Supreme Court opinion of Roe v. Wade;

4.    whether sick, isolated, elderly, or poor patients must choose inexpensive doctor-assisted suicide coverage whenever a state-paid or private health plan refuses to cover expensive but life-saving medical treatment.

These extreme examples highlight the need to choose thoughtful judges who: (1) have the necessary qualifications and sophistication; and, (2) cherish America’s unique values and traditions. Despite our flaws, this is the only country with a system of government that seeks to protect “Life, Liberty and the pursuit of Happiness”.

2. Which current or recent state Supreme Court Justices best reflect your judicial philosophy? Please explain why.

NONE.

3. If you are currently a judge, which of your recent written opinions best reflects your values and skills as a judge?

NOT APPLICABLE

4. If you are not currently a judge, which brief or other written work you¹ve produced best reflects your judicial philosophy and legal skills?

I am proud of all of the motions, complaints, briefs, and oral arguments that I have made on behalf of those who are weak, unprotected, and defenseless, during my work the past 6 years as Chief Counsel of a non-profit public interest law firm that primarily represents children, the disadvantaged, and the disabled or handicapped.

In 2007, for example, I brought a writ action in the WA State Supreme Court against state trial and appellate judges to protect the rights of deaf litigants in trial and appellate courthouses. The lawsuit also sought to protect the right of a child to have a court-appointed attorney at legal proceedings by the state to terminate the parent-child relationship. See, Tetreault, et al. v. Houghton, et al., WA State Supreme Court case no. 80613-6 and U.S. Supreme Court docket no. 07-9710.

And, in 2003, I brought lawsuits to end government waste and corruption, including, for example, the ground-breaking lawsuit that ended the secret and illegal use, by the county prosecutor, of the official seals and stamps of Clark County Superior Court (a violation of the constitutional separation of executive and judicial branches of government). See, Knox, et al. v. Curtis, et al., Cowlitz County Superior Court case no. 03-2-01766-4.

Although the Knox lawsuit resulted in an on-going campaign by various government officials to intimidate me and smear my name in Clark County, my clients did not appeal the trial court’s decision in Knox to dismiss the lawsuit on a technicality based on my clients filing a regular injunction lawsuit instead of a specialized "writ" action of mandamus or prohibition.

My clients did not appeal the decision of Judge Warme in the Knox case because Art Curtis, Clark County Prosecuting Attorney, and Sherry Parker, Clark County Superior Court Clerk, promised on 22 and 29 January 2007, in sworn declarations, to stop engaging in the illegal conduct that Plaintiffs wanted to stop. So, my clients were able to successfully ended conduct consisting of the secret, unauthorized, and unconstitutional use and possession of the official seals and stamps of Clark County Superior Court by members of the Clark County Prosecuting Attorney and executive branch of government, who secretly acted as members of the judicial branch when using judicial stamps and seals to sign arrest warrants, date-stamp court papers and filings, authenticate evidence, and engage in other judicial acts while also serving at the same time as members of the executive branch.

5. According to the Ethics Advisory Committee, Opinion 90-06, judicial candidates are prohibited from discussing their personal beliefs regarding abortion. Similar rules have been challenged and overturned in other states on First amendment grounds. Do you support the current rule prohibiting the discussion of abortion by judicial candidates?

Yes        No    X

6. Would you work to update Canon 7 of the Code of Judicial Conduct to allow more open debate by judicial candidates?

Yes    X    No

7. Please state your qualifications for judicial office such as your professional, educational, family and community accomplishments. You may also add any further comments regarding the relationship of your candidacy to respect life issues.

On the PERSONAL side, I am qualified to be a judge because I do not drink alcohol or take any intoxicants. I practice diet, exercise, prayer, and meditation techniques that enable my mind to be clear, tranquil, and balanced: these three requirements are necessary for a judge to make fair and intelligent decisions. On the other hand, my opponent, the current Dept. 2 judge seeking re-election, has been ordered to take drug and alcohol counseling by the WA State Judicial Commission after he was found to have: made obscene hand gestures; used rude, demeaning, shocking and offensive language against blacks, jews, and homosexuals; and, lied about making apologies.

As a dedicated mountain climber and long distance runner, I strictly maintain my physical and mental health. After all, any physical or mental weakness could have very bad consequences when I am climbing a 3,000 foot wall of icy and slippery granite. Thus, every week, I run at least 12 miles, preferably on steep and hilly roads. And, I keep a healthy diet, focusing on lots of organic and vegetarian foods and the nutritional supplements suggested by Dr. Andrew Weil, M.D., a leading nutrition and health expert. I do not even smoke or drink coffee, tea, or caffeine drinks. I have never been drunk or tried or taken marijuana or any illegal drug.

As an accomplished lawyer and businessman, and happily married man with an extended family in Washington, Oregon, Utah, Texas, and New York, I know that no success outside of the home can compensate for failure in the home.

I understand the need for morals and values because I have traveled throughout the world, studied all major religions and denominations, and seen the devastating effect on adults, children, families, and societies when there are no traditions of decency, morality, and values. That’s when crime, drugs, and human degradation and despair take over a country.

Also, I am qualified to be a judge because, as the son of legal immigrants, I appreciate America’s unique language, culture, and borders. My father is from Argentina and my mother from Mexico. I am therefore fluent in Spanish.

On the LEGAL or LAW side, I have, with 20 years of comprehensive experience in all aspects of civil and criminal law, a broad and sophisticated trial and appellate law practice before federal, state, and local courts and jurisdictions throughout the United States.

Every day, in all 50 states, judges and lawyers use four legal publications that I authored and created for the LEXIS law publishing division of Reed Elsevier, one of the world’s largest publishers of business, scientific, and legal information.

Based on my expertise, and thorough understanding of law, I have served as an accredited law lecturer at leading law firms, corporations, law schools, and government agencies across the country.

From 1987 to 2002, I served as an associate, and then as a partner, at small, specialty law firms in Dallas, Texas. I was a staunch advocate for shareholder rights and represented shareholders and investors in Wall Street mergers, acquisitions, and proxy contests. I also advised and represented shareholders and investors whose attempted $ 7.4 billion hostile takeover of energy company, Sun Company, forced the company into a restructure yielding more than $ 2 billion in pre-tax profits to Sun shareholders. See, N.Y. Times “Possible Sun Bid” (17 March 1988).

From 2002 to the present, I have served, without salary, as Chief Counsel of the non-profit law firm, National Civil Liberties Council of WA, the only public interest law firm in SW Washington. The law firm only represents small business, the middle class, poor, and disabled.

Although I have never submitted a bid for — or entered into — an indigent defense attorney contract with Clark County, in 2003, Clark County Superior Court judges appointed me — without a contract — to represent poor (indigent) parents with 13 children in foster care because of my legal expertise, independence, fairness, and dedication to the Constitution. And, the WA State Bar has recognized me every year since 2003 for hundreds of hours that I give away in free legal services every year.

As the lead trial and appellate courtroom lawyer of the NCLC public interest law firm that I co-founded, I have effectively represented the poor, powerless, and disadvantaged in civil and criminal proceedings before state and federal courts. For example, I obtained the immediate release of Jewish Romanian refugee Giovanni Mihalache after I discovered that Mr. Mihalache was kept unlawfully incarcerated 12 months in Clark County jail without a court-appointed attorney.

I also have extensive business experience. I have thus been listed, from 1988 to 1992, in Marquis Who’s Who in Finance and Business. From 1987 to 1992, I served as an associate, and then as a partner, at two related private equity firms in Dallas, Texas:

    Miller Martin & Co., a regional finance company affiliated with Kidder Peabody and specializing in syndications and factoring for companies in banking, cable television, transportation, and energy; and,

    The Malpaso Company, Inc., an investment firm affiliated with Drexel Burnham Lambert and specializing in undervalued assets and companies.

I helped fund promising new and established businesses when I served as a partner and voting director at two venture capital firms in Utah, from 1992 to 2002, at: SPE Ventures, co-founded with Mr. Louis E.S. de Santamaria, a former senior executive at Revlon and Johnson & Johnson; and, First Security Small Business Investment Corp., affiliated with regional Utah-based bank holding company First Security, now part of Wells Fargo, a regional bank with $ 53 billion in annual income.

From 1989 to 1992, I organized and directed highly-profitable business ventures that generated more than $ 200 million of profits, since 1989, at Reed Elsevier, an international publishing company with $10 billion in annual income. I served as Senior Consulting Area of Law Advisor, at Mead Data Central, Inc., publisher of law books and on-line services Lexis/Nexis, now owned by Reed Elsevier. At Lexis law publishing, I wrote and designed the legal search software, and created and directed the business plan and product market strategy, for 4 publications (FedSec; StateSec; RICO; CMO) that resulted an additional $12 million in annual profits for Lexis each year from 1989 to the present.

My website [www.ernestedsel.org] lists in the “Biography” page my:

    1.    education resulting in a Doctorate in Law and my advanced graduate work in finance at the nationally-recognized Wharton Business School; and,

    2.    my membership in and admission to various state and federal courts.

8. May LifePac post a digital image of your returned survey on its website?

Yes   X     No