McCleary v. State: Power of the Supreme Court

The case of Stephen Kerr Eugster v. Washington Supreme Court and Justices was filed in Thurston County Superior Court on January 31, 2017.

Here is an Abstract of the case:


The school funding case of McCleary v. State, 173 Wash.2d 477, 269 P.3d 227 (2012) (McCleary) began in Superior Court for King County Washington on January 11, 2007.  The case proceeded to a bench trial before Judge John P. Erlick. The trial commenced on August 31, 2009, and was concluded on November 25, 2009.  Judge Erlick entered Findings Fact and Conclusions Law and decision on or about February 24, 2010.

The State of Washington appealed the decision.  Direct Review by the Supreme Court was sought and granted.  The case was decided by the Supreme Court on January 5, 2012.

The Supreme Court decision was based on its determination of the meaning of Washington Constitution Art. IX, Section 1, “It is the paramount duty of the state to make ample provision for the education of all children residing within its borders, without distinction or preference on account of race, color, caste, or sex.”

By the time of the Supreme Court’s decision, the Legislature had adopted Engrossed Substitute House Bill 2261 (2009) which “outlined a bold new system for state funding of basic education, and created the Quality Education Council to develop and implement it.”

In rendering its decision in McCleary, the Court said the “judiciary will retain jurisdiction.”  The court opined:

We defer to the legislature’s chosen means of discharging its article IX, section 1 duty, but the judiciary will retain jurisdiction over the case to help ensure progress in the State’s plan to fully implement education reforms by 2018.

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The New President

Just a few days into his four-year term as President of the United States, Donald Trump is causing me great concern.  He is showing himself to be nothing but a sophisticated huckster who has captured the imaginations of millions of my countrymen.  His faith is in the “judgment of power.”  That was the judgment of Adolph Hitler.  It was the judgment, the raison d’être of every totalitarian leader of history, the judgment of power.  Nothing is sacred.  Nothing is to be respected, accepted, revered. Everything falls to a material measure.

We coming into dark times.

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Hon. Miles Lord

Judge Miles Lord, United States District Court Minnesota, has passed.  He was 97.  He and his family lived in Edina, Minnesota circa 1967-70. He was a remarkable and fine man.  Mpls Star & Tribune.

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Black Lives Matter: The defense by the police and some in the public — the person shot had a bad record

Invariably, it seems, the exculpation for the police who may have killed a man or woman, is that cops are “good guys” and the guy or woman killed is a “bad guy.”  So it seems to me in light of the rush to exclaim over the Internet that the person killed was not such a good person.  There is no logic to this.  That a person killed was a bad person is not relevant to the issue of whether the police were acting in violation of the law, good sense, and common humanity.

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Black Lives Matter: The threat of systematic violence

As a pastor and an organizer, I do not condone violent protest. But I must join the Charlotte demonstrators in condemning the systemic violence that threatened Mr. Scott’s body long before an officer decided to use lethal force against him.

Why are we protesting in Charlotte, NYT William Barber II. September 23, 2016





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McCleary, Separation of Powers, Letter to AG

Today, I delivered a letter to the Washington Attorney General requesting that his office take action to seek a judicial determination as to whether the Washington the Supreme Court violating the Washington State Constitution requiring separation of powers.  Letter to Washington State Attorney General dated September 19, 2016.

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Three police officers murdered in Baton Rouge, Louisiana

The tragedies continue in the United States, France, Turkey, Pakistan and elsewhere.  I think there is a common denominator.

I have been reading the Einstein-Freud Correspondence, Why War? Reading the correspondence again and again, letting objectivity sink in, avoiding easy explanations.  Next, I read Freud’s Civilization and its Discontents.  Then I moved on to reflect on what I had learned from reading and studying Ernst Becker’s Denial of Death and his understanding of what Otto Rank had to say.  Becker referred to the purpose of individuality as a “sui generis project.”

And today I am reading Eric Hoffer’s The True Believer.

I have concluded at least for now that I think there is a world wide revolution taking place.  It is caused by millions of people who are discontented and some of who have turned their discontent into nihilistic judgment of power and death.  Whether the discontented person is from America or Syria, the motivation is the same  — death, death of others and oneself all at the same time.

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Antonin Scalia, J., United States Supreme Court, Rest in Peace

Justice Antonin Scalia taught us to understand the concept of originalism.  An effort to help us understand why he thought the way he did about the U.S. Constitution.  Also, in the application of his way of looking at the constitution, he gave us an idea of how we might make decisions about cases involving constitutional principles.  He was a man, mentally refreshing and challenging, who firmly believed in common and good sense.  A man among a few who try to instruct how our United States should make decisions about currently significant issues and her future.

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The Ted Cruz Birther Law Suit

A lawyer by the name of Montgomery Blair Sibley has filed suit in federal court in Houston claiming that Ted Cruz is not a citizen of the United States.  He says, it is reported,

“It doesn’t matter that he was born in Canada,” Sibley continued, “he would be ineligible to be president if was born on the Washington Monument, as long as he only had one parent who was a citizen.”

The constitution says “natural born” not ‘native born” and it certainly does not say that the “borning” of the birth says that both mother and father had to be the “one” to whom included both the mother and the father.

It is reported that Montgomery Blair Sibley was also the plaintiff in a birther case involving President Obama.

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Contingent Fees and Sure Winners

Years ago when I was practicing in Seattle I expressed objection to many of the lawyers I knew in the firm I was with for a time about the practice of probate lawyers charging a percentage against the gross value of the estate or at least (an hourly rate I would suppose).  Some of the fees I knew about in probates I knew about were extraordinary.  The fee was what it was, all seemed to say.  Thankfully, things have changed.

The other day the ABA Journal published a piece about contingent fees in sure thing personal injury actions.


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