NIckel Complaint Disbarment/Prosecution WSBA and Commission on Judicial Conduct
Content
Connie LaRue
1045 Kitt-Narcisse Rd
Colville, Washington 99114
USPS Cert. Mail 70113500 00018625 5608
TO:
Commission on Judicial Conduct
210 11th Ave SW #400
Olympia, WA 98501
USPS Cert. Mail 70113500 000186255622
TO:
Office of Disciplinary Counsel
Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION
OF LLOYD BECKWITH NICKEL, WSBA #9065 FOR
FOR CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL, OBSTRUCTION OF JUSTICE,
CRIMINAL IMPERSONATION OF AN ELECTIONS CANVASSING BOARD MEMBER, AND
VIOLATION OF HIS SWORN OATH OF ATTORNEY
I, Connie LaRue, Complainant, rely on the folloWing relevant facts in making this complaint.
FACTS:
1.
Evidence obtained through public records requests establish that:
a. LLOYD BECKWITH NICKEL, WSBA #9065, (herein after NICKEL) was "appointed" a
DEPUTY PROSECUTOR by TIMOTHY RASMUSSEN, WSBA #32105, (herein after
RASMUSSEN), "STEVENS COUNTY PROSECUTOR". (See EXHIBIT PACKAGE for all
relevant eVidentiary documents.)
1
b. No evidence exists on the official public record that RASMUSSEN has ever "duly
qualijiecf" - in compliance with state law 3 - to occupy the office of STEVENS
4
COUNTY PROSECUTOR and thus remains a criminal usurper in that Office.
I
MAXI M "What does not appear does not exist".
2 Black's Law 6th Edition states: "Duly Qualified" - Being "duly qualified" to fill an office, in the constitutional sense
and in the ordinary acceptation of the words, means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before entering on duties of the office; and that he shall be bound by
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 1 of 11
c. For 13 years in STEVENS COUNTY, there was no evidence that NICKEL ever had
an Oath of Office to duly qualify to serve as a STEVENS COUNTY DEPUTY
PROSECUTOR.
d. On August 31, 2004, NICKEL signed a fraudulent document in front of Vicki R.
Foshack, Notary Public, attempting to "formalize" a requisite Oath of Office by
dating it "nunc pro tunc, December 1, 1991."
e. The NICKEL nunc pro tunc "Oath of Office" [EXHIBIT 1] does not comply with
state law as defined in RCW 65.04.015(2)' (3) and (4). There is no Auditor File #,
No evidence of required Fee Paid (RCW 36.18.010(3)), etc. It does not meet the
requirements of RCW 36.27.040 "Each deputy thus appointed shall have the
same qualifications required of the prosecuting attorney". "!'Junc pro tunc" on a
document required to be taken "before entering upon the duties" per RCW
36.16.060 is fraud.
f. The NICKEL nunc pro tunc "Oath of Office" has not been made a part of the
official public record. RCW 65.04.015(2L (3).
g. It was NICKEL himself that authored a letter (at RASMUSSEN's behest) in
response to a public records request dated September 13, 2012 [EXHIBIT 2],
stating: "Our research has convinced us and at least one Superior Court Judge
that deputies do not hold an "office" and therefore do not have "oaths of
office". Nor are deputies required to file bonds." This statement is impeached
by RCW 36.27.040 and RCW 36.16.060 making NICKEL's statements a violation of
his sworn Oath of Attorney [EXHIBIT 3], the Ethics in Public Service Act [RCW
42.52.160], the Code of Professional Responsibility approved by the Supreme
Court of the State of Washington, and the People's trust.
h. No evidence exists on the official public record that NICKEL has ever "duly
qualified" since 1991 - in compliance with state law - to occupy the office of
STEVENS COUNTY DEPUTY PROSECUTOR and thus was a criminal usurper in that
Office up to 2014.
oath or affirmation to support the Constitution, and to perform the duties of the office with fidelity. Black's Law
Dictionary 6th Edition.
3 RCW 42.20.030 (in relevant part) - Intrusion into and refusal to surrender public office. Every person who shall
falsely personate or represent any public officer, ... or who shall willfully exercise any of the functions or perform
any of the duties of such officer, without having duly qualified therefore, as required by law, ... shall be guilty of a
gross misdemeanor.
4 "The fact that the candidate is qualified at the time of his election is not sufficient to entitle him to hold the office
if, at the time of his commencement to his term of office, or during the continuance of the term, he ceases to be
qualified. Eligibility to public office is of a continuing nature, and must subsist at the commencement of the term,
and during the occupancy of the office." Washington Attorney General Opinion - AGO 63-64, no. 17.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 2 of 11
i.
On December 5, 2014, usurper of the office of STEVENS COUNTY DISTRICT
COURT JUDGE, GINA A. TVEIT, in the absence of lawful authority, "ordered"
NICKEL to be "appointed to hear cases as a Judge Pro Tempore for Stevens
County District Court". [EXHIBIT 4J
j.
No evidence exists on the official public record that TVEIT has ever "duly
qualified" - in compliance with state law - to occupy the office of STEVENS
COUNTY DISTRICT COURT JUDGE for the same reasons as RASMUSSEN above,
and thus TVEIT remains a criminal usurper in that Office.
k. NICKEL subscribed an Oath of Office on the "appointment" document that was
"RECEIVED DEC 08, 2014". There is no evidence it was ever FILED according to
state law RCW 65.04.015(2), (3) and (4) and there is no evidence of where the
document can be located.
I.
NICKEL subscribed an additional separate Oath of Office that same day that was
also marked "RECEIVED DEC 08, 2014" [EXHIBIT 4 page 2]. There is no evidence
NICKEL received an "appointment" to serve as "COMMISSIONER", plus, no
evidence exists that the "Oath" was ever FILED according to state law RCW
65.04.015(2), (3) and (4) and there is also no evidence of where the document
can be located or examined.
m. NICKEL is a WASHINGTON STATE BAR licensed attorney, BAR #9065, and is
charged with being fully subject to and abiding by the law as stated on his sworn
Oath of Attorney.
n. It was NICKEL's obligation to investigate the legality of TVEIT's duly-qualified
status before accepting an "appointment" from TVEIT.
o. NICKEL was "assigned" to sit in "judgment" over LaRue in CITY OF CHEWELAH v.
CONNIE LARUE in STEVENS COUNTY DISTRICT COURT, Cases No. 5Z0133878 and
No. 5Z0133879. after TVEIT recused herself. [EXHIBIT 5]. These fraudulent cases
were dismissed but not before LaRue suffered from being arrested, jailed and
extorted of her time, energy and meager finances. [Additional documents can be
found in the GINA A. TVEIT COMPLAINT FOR DISBARMENT submitted before the
BAR and COMMISSION ON JUDICIAL CONDUCT.]
2.
Evidence obtained through public records requests establish that:
a. NICKEL was "Delegated" by RASMUSSEN to serve on the 2010 Special, Primary
and General Elections CANVASSING BOARD; the 2012 Special, Primary and
General Elections CANVASSING BOARD and the 2014 Special Elections
CANVASSING BOARD. [EXHIBIT 6]
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 3 of 11
b. NICKEL, as a "member" of the STEVENS COUNTY Elections CANVASSING BOARD
was required, but failed, to "take an Oath of Office similar to that taken by
county auditors and deputy auditors in the performance of their duties", per
RCW 29A.60.140. (See TIM GRAY's reply to a public records request where he
stated "I have no record of an Oath of Office for the three Stevens County
Elections Canvassing Board members for the 2010, 2012 or 2014 election cycles."
[EXHIBIT 7])
c. NICKEL has been known to have, on at least 7 occasions, falsely represented
himself as a duly-qualified CANVASSING BOARD MEMBER in STEVENS COUNTY
for the 2010, 2012, and 2014 election cycle which is a Class C felony per RCW
9A.20.021. There may have been other instances not investigated.
d. The penalty for violation of any election laws is prescribed within the Elections
Title 29A specifically under "Canvassing, Officers -- Violations generally" in RCW
5
29A.84.720 .
3.
NICKEL is a WASHINGTON BAR MEMBER #9065 who had falsely represented himself
as a STEVENS COUNTY DEPUTY PROSECUTOR.
4.
NICKEL engaged in the illegal prosecution of LaRue in conspiracy with other
impersonators of public officials and usurpers of elective and appointive STEVENS
7
COUNTY "government offices" as a part of a RIC0 enterprise.
5.
NICKEL has on numerous occasions falsely represented himself as a duly-qualified
CANVASSING BOARD MEMBER in STEVENS COUNTY for at least the 2010, 2012, and
2014 election cycle which is a Class C felony per RCW 9A.20.021.
6.
NICKEL should be disbarred for violating the laws of the State of Washington and his
required Oath of Attornel and referred to the proper authorities for prosecution.
6
5 RCW 29A.84.720 Officers -
Violations generally, reads as follows: "Every person charged with the performance
of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions
of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to
perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or
fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable
under RCW9A.20.021 and shall forfeit his or her office."
6 The illegal prosecution against LaRue resulted in her being false arrested, kidnapped, falsely imprisoned,
assaulted with a deadly weapon, all by person impersonating public officers, believed to be participants in a
Racketeer Influenced Corrupt Organization (RICO) enterprise operating in STEVENS COUNTY.
7 The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is
a United States federal law that provides for extended criminal penalties and a civil cause of action for acts
performed as part of an ongoing criminal organization.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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7.
Complainant Connie LaRue was a candidate for the public office of STEVENS COUNTY
CORONER during the 2014 election cycle and has a right to make a record and
challenge the validity of the 2014 STEVENS COUNTY Elections based upon the
felonious actions of NICKEL and others impersonating CANVASSING BOARD member.
I declare that the foregoing facts are true and correct to the best of my knowledge,
understanding and belief.
Further I sayeth naught.
All Rights Reserved
Connie LaRue, Affiant
JURAT
Washington State
Stevens County
}
} ss.
I,
~£L rYl t(o~1-I , a Washington Notary Public, do certify that Connie LaRue
appeared before me and swears under penalty of perjury that the foregoing is true and correct
to the best of her knowledge, understanding and belief.
C,
A
RCW 2.48.210 Oath on admission reqUires an Oath of Attorney before authorization to practice law in
Washington stating: "Every person before being admitted to practice law in this state shall take and subscribe the
following oath".
8
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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LEGISLATIVE MANDATES TO DULY QUAI.IFY FOR PUBLIC OFFICE SUPPORTED BY WASHINGTON
COURT RULINGS
1.
RCW 2.48.210 Oath on admission requires an Oath of Attorney before authorization
to practice law in Washington stating: "Every person before being admitted to
practice law in this state shall take and subscribe the following oath".
2.
Right to hold public office is subject to qualifications imposed by legislature. State
II
ex rei. Carroll v. Simmons (1962) 61 Wash.2d 146,377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032
3.
"Use of word "shaW'in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
4.
RCW 36.16.040 Oath of office. "Every person elected to county office shall before he
or she enters upon the duties of his or her office take and subscribe an oath or
affirmation that he or she will faithfully and impartially discharge the duties of his or
her office to the best of his or her ability.
II
5.
RCW 36.16.060 Place of filing oaths and bonds. "Every county officer, before
entering upon the duties of his or her office, shall file his or her oath of office in the
office of the county auditor and his or her official bond in the office of the county
clerk... Oaths and bonds of deputies shall be filed in the offices in which the oaths
and bonds of their principals are reqUired to be filed."
6.
RCW 65.04.030 Instruments to be recorded or filed.
The auditor or recording officer must, upon the payment of the fees as required in
RCW 36.18.010...
(3) All such other papers or writing as are required by law to be recorded and such
as are required by law to be filed.
7.
RCW 65.04.130 Fees to be paid or tendered.
Said county auditor is not bound to record any instrument or file any paper or
notice, or furnish any copies, or to render any service connected with his or her office,
until his or her fees for the same, as prescribed by law. are if demanded paid or
tendered.
"Provision requiring payment of fees in advance is mandatory." State v.
Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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"When papers are received by officer for filing, filing will not become
effective until necessary fees have been paid." State v. Conners (1942) 12
Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d
1113.
"Statutes relating to compensation of public officer must be strictly construed
in favor of government, and such officers are entitled only to what is clearly
given by law." Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,
675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court ~
day on which he assumes office for purposes of pension benefits, and day of
Governor's announcement of proposed appointment is immaterial./I Jordan v.
O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.
8.
RCW 65.08.150 Duty to Record: A recording officer, upon payment or tender to him
or her of the lawful fees therefor, shall record in his or her office any instrument
authorized or permitted to be so recorded by the laws of this state or by the laws of
the United States.
9.
'When legislative body provides definitions for statutory terms, it is that
definition to which the person must conform his conduct." City of Seattle v.
Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).
"'Where an act uses the word in a special sense which it defines, definition
by average man or by ordinary dictionary is not substitute for the
definitions contained in the act." National Homeopathic Hospital Ass'n of
District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.
10.
Legislative Definitions (summation) of "FILE", "FILED", or "FILING" and "RECORD",
"RECORDED" or "RECORDING"
RCW 65.04.015(2) FILED for "recording into the official public record"
RCW 65.04.015 (3) RECORD "after filing to incorporate the instrument into the public
records"
RCW 65.04.015 (4) "RECORDING NUMBER" Assignment of an "auditor or recording
officer file numberl/f'that identifies the storage location" "of each instrument in the
public records" "accessible in the same recording office where the instrument
containing the reference to the location is found."
11.
RCW 5.44.040 Certified copies of public records as evidence.
Copies of all records and documents on record or on file in the offices of the various
departments of the United States and of this state or any other state or territory of
the United States, when duly certified by the respective officers having by law the
custody thereof, under their respective seals where such officers have official seals,
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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shall be admitted in evidence in the courts of this state. [NOTE: If the fees for filing
and/or recording are not paid in advance, an oath of office cannot be made a part of
the official public record.]
12.
RCW 42.20.100 Failure of duty by public officer a misdemeanor. Whenever any
duty is enjoined by law upon any public officer or other person holding any public
trust or employment, their wilful neglect to perform such duty, except where
otherwise specially provided for, shall be a misdemeanor.
13.
RCW 9A.80.010 Official Misconduct, (l)(a) ... intentionally commits an unauthorized
act under color of law (b) .. .intentionally refrains from performing a duty imposed
upon him or her by law. (2) Official misconduct is a gross misdemeanor, defined at
RCW 9.92.020.
14.
RCW 42.12.010 Causes of vacancy, Every elective office shall become vacant on the
happening of any of the following events:
(5) ... any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew
his or her official bond, or to deposit such oath or bond within the time prescribed by
law.
15.
RCW 42.20.030 -Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall
willfully intrude himself into a public office to which he has not been duly elected or
appointed, or who shall willfully exercise any of the functions or perform any of the
duties, without having duly qualified as required by law, ..., shall be guilty of a gross
misdemeanor.
16.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty of extortion in the second degree if he commits extortion by
means of threat as defined in RCW 9A.04.110(28)(d) through (j).
(2) Extortion in the second degree is a class C felony.
RCW 9A.04.110 - Definitions.
(28) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an official against anyone or anything, or
wrongfully withhold official action, or cause such action or withholding;
The Washington Legislature enacted two laws, one which was enacted in 1866 and another that
was enacted in 1909, both of which are still on the books and are now recodified as RCW
42.12.010 and 42.20.030.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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RCW 42.12.010 originally enacted in 1866 and to date, remains almost unchanged, allows no
grace period under subsection (6) for any refusal or neglect [to duly qualify] within the time
prescribed by law.
RCW 42.20.030 was originally enacted in 1909 and has never been changed and contains four
different offenses that constitute the act of intrusion into public office and one for refusal to
surrender public office.
Three of these offenses require certain acts to be performed "willfully" in order to be a crime,
but two of the offenses only require that certain acts be performed.
The first element states, "Every person who shall falsely personate or represent any public
officer} or ... " Notice that no intent is required.
The second element states, "who shall willfully intrude himself into a public office to which he
has not been duly elected or appointed} or ... Willfulness is established by knowledge (RCW
9A.08.010) and "duly" is defined in Black's Law Dictionary 6th Ed. as "In due and proper form
or manner; according to legal requirements....; according to law in both form and substance. "
/1
The third element states, "who shall willfully exercise any of the functions or perform any of
the duties of such officer, without having duly qualified therefor} as required by law; or... "
"Being duly qualified to fill an office} in the constitutional sense and in the ordinary acceptation
of the words} means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before entering on the duties of the office; and that
he shall be bound by oath or affirmation to support the Constitution, and to perform the duties
of the office with fidelity. " Black's Law Dictionary 6th Ed.
The fourth element states, "Who, haVing been an executive or administrative officer, shall
willfully exercise any of the functions of his office after his right to do so has ceased, or ..."
The fifth element states, "wrongfully refuse to surrender the official seal or any books or papers
appertaining to such office, upon the demand of his lawful successor shall be guilty of a gross
misdemeanor." See RCW 9A.60.040 Impersonating a Public Officer and RCW Chapter 7.56 Quo
Warranto.
RCW 9a.60.040 Criminal impersonation in the first degree.
(1) A person is gUilty of criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her assumed character
with intent to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public
servant and does an act in his or her pretended capacity with intent to defraud
another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a class C felony.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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CONCLUSIONS RELIED UPON FOR THIS CRIMINAL COMPLAINT:
First, if the fees for filing are not paid in advance, an oath of office cannot be made a part of the
official public record. see RCW 5.44.040.
Second, if the official oath is not made part of the official public record, it grants no lawful
authority.
Third, if the oath is not filed as defined in RCW 65.04.040, it is not part of the official public
record.
RCW 65.04.040 Method for recording instruments - Marginal notations
Arrangement of records.
Any state, county, or municipal officer charged with the dutv of recording
instruments in public records shall record them by *record location number in
the order filed, irrespective of the type of instrument, using a process that has
been tested and approved for the intended purpose by the state archivist.
In addition the county auditor or recording officer, in the exercise of the duty of
recording instruments in public records, may, in lieu of transcription, record all
instruments, that he or she is charged by law to record, by any electronic data
transfer,
photographic, photostatic, microfilm,
microcard, miniature
photographic or other process that actually reproduces or forms a durable
medium for so reproducing the original, and which has been tested and
approved for the intended purpose by the state archivist. If the county auditor
or recording officer records any instrument by a process approved by the state
archivist it shall not be necessary thereafter to make any notations or marginal
notes, which are otherwise required by law, thereon if, in lieu of making said
notations thereon, the auditor or recording officer immediately makes a note of
such in the general index in the column headed "remarks," listing the record
number location of the instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any
means authorized under this section for the original recording of instruments.
The county auditor or recording officer may provide for the use of the public,
media containing reproductions of instruments and other materials that have
been recorded pursuant to the provisions of this section. The contents of the
media may be arranged according to date of fi'ing, irrespective of type of
instrument, or in such other manner as the county auditor or recording officer
deems proper.
Fourth, if the oath of office is not actually made part of the official public record, as defined in
law, it cannot be admitted into evidence under ER 902(d) or ER 1005 to support a lawful claim
for salaries or benefits [or for any other purpose] relating to a public office.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
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Fifth, as shown by the case law already supplied to you, all filing fees are mandatory and are to
be paid in advance and your [STATE AUDITOR] examiners are supposed to know that an oath of
office. an appointment to a public office. and an official bond are required by law to be filed
and/or recorded into and made part of the official public record. requiring a paid receipt for
those transactions. AUDITORs know that there can be no lawful occupation of the intended
office by a person impersonating a public official or usurping a public office.
Sixth, there are several sections in RCW 43.09 that would cover your [STATE AUDITOR's]
department responsibility to verify that the bonds, appointments and oaths were filed, as
reqUired by law, such as RCW 43.09.200, 43.09.210, 43.09.230, and 43.09.245 but, under
43.09.260 your department has specific information as to what is required pursuant to
subsection (5). RCW 43.09.260(5) "On every such examination, inquiry shall be made as to the
financial condition and resources of the local government; whether the Constitution and laws
of the state. the ordinances and orders of the local government and the requirements of the
state auditor have been properly complied with, and into the methods and accuracy of the
accounts and reports."
IN CLOSING
For the foregoing reasons supported by facts, relevant law, statutes, and Washington court
rulings, LLOYD BECKWITH NICKEL, WSBA #9065, should be disbarred and referred by this body
of examiners and mandatory reporters for criminal prosecution before the appropriate
authorities, state or federal.
It is my firmly held conviction that the laws and legislative mandates relied upon herein are
relevant to support the conclusions that LaRue's unalienable rights were Violated. LLOYD
BECKWORTH NICKEL's CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL, OBSTRUCTION OF
JUSTICE, CRIMINAL IMPERSONATION OF AN ELECTIONS CANVASSING BOARD MEMBER, AND
VIOLATION OF HIS SWORN OATH OF ATIORNEY warrant this COMPLAINT FOR DISBARMENT
AND REFERRAL FOR PROSECUTION.
All Rights Reserved
C..f>\,\yU,
la13~"Y'~_..--
_
Connie LaRue
COMPLAINTfor DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 11 of 11
INDEX OF EXHIBITS
EXHIBIT 1: NICKEL’s nunc pro tunc “Oath of Office” 13 years late.
EXHIBIT 2: NICKEL’s deceptive (lies) and fraudulent letter.
EXHIBIT 3: NICKEL’s Oath of Attorney.
EXHIBIT 4: NICKEL’s “Appointment” to Judge Pro Tem by GINA A. TVEIT.
EXHIBIT 5: LaRue’s SUMMONS and NOTICE OF CASE SETTING
EXHIBIT 6: NICKEL collection of non-filed “Delegation(s)” to “serve” on the STEVENS
COUNTY ELECTIONS CANVASSING BOARD, 2010, 2012, and 2014.
EXHIBIT 7: TIM GRAY letter of June 30, 2015, stating there are no records of an Oath of
Office for the Three Stevens County Elections Canvassing Board member for 2010, 2012
and 2014.
NOTICE
There is no evidence that any of the below-named impersonators of public officials and
criminal usurpers of public offices are compliant with state law. None have an “oath of office” or
“appointment” properly filed and incorporated into the official public records. This blatant
disregard for Washington State Law has deprived LaRue of her right to Justice through Due
Process of Law at minimum.
TIMOTHY RASMUSSEN
JESSICA TAYLOR
SAUNDRA RICHARTZ
NICHOLAS FORCE
KENDLE ALLEN
TROY ANDERSON
JOHNATHAN BOWERS
GINA A. TVEIT
LLOYD B. NICKEL
ALLEN C. NIELSON
PATRICK A. MONASMITH
EXHIBIT 1
State of Washington
County of Stevens
)
)
)
OATH OF OFFICE
I, Lloyd Nickel, do solemnly swear that I am a Citizen of the United States
and of the State of Washington; that I will support the Constitution and Laws
afthe United States and the Constitution and Laws ofthe state of Washington,
and will to the best of my judgment, skill and ability, truly, faithfully, diligently
and impartially perform the duties of a Deputy Prosecuting Attorney in and for
Stevens County, Washington, as such dUties ate prescribed by law, sO help me
God.
Dated August 31, 2004, nunc pro
tunc, December 1, 1991.
~
Lloyd Nickel
This "Oath of Office" does not comply with state law as defined in RCW 65.04.015(2), (3) and (4).
There is no Auditor File #, No evidence of required Fee Paid (RCW 36.18.010(3)), etc. This also
does not meet the requirements of RCW 36.27.040 "Each deputy thus appointed shall have the
same qualifications required of the prosecuting attorney" or RCW 36.16.060 "before entering
upon the duties". "Nunc pro tunc" is a fraud. This "oath" has not been made a part of the official
public record. This "oath" is just a worthless piece of paper.
County o!Stevens
.
.
State.ofWas~'-"'~""ii
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3,
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4.
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listed and got no answer or recording, so I rna'fled thisJetier.- ..
. RespectfUlly,
~Jf'_
,.'
-a
'T1m~G""
ray, St evfin'S CO,untyAuditor
O
"
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'.
EXHIBIT 2
,,-~~
~-
l:'~';ln~
__ .-'=---~_. __ .""'"'"'~-=---=c::-::.
- - -"~_~.,,,;~~-wrr>X]!'i5
•.
-.,-~.
September 13,2012
STEVENS COUNTY PROSECUTING ATTORNEY
RCW 36.16.060 "...Oaths and bonds of deputies shall be filed
in the offices in which the oaths and bonds of their principals
are required to be filed."
FILED is defined in RCW 65.04.015(2).
RCW 36.27.040 "Each deputy thus appointed shall have the
same qualifications required of the prosecuting attorney", and
RCW 36.16.060 are to file an Oath of Office with the County
Auditor BEFORE entering upon the duties of the office. The
NICKEL letter herein is a fraud upon the People of Stevens
County.
Chewelah, WA 99109
Regarding: Public Records Request
Mr.
:
This is in response to your request dated September 5,2012 and received by this
office Septem ber 7, 2012. Mr. Rasmussen has asked me to respond to you that we can
find no documents meeting the description(s) of this request. Our research has convinced
us and at least one Superior Court Judge that deputies do not hold an "office" and
therefore do not have "oaths of office". Nor are deputies required to file bonds. Deputy
Prosecuting attorneys are not state employees.
Lloyd Nickel
Deputy Prosecuting Attorney
o 298
FAMILY LAW DIVISION
S. MAIN, SUITE 204
COLVILLE, WA 99114
(509) 684-7501 I FAX (509) 684-7581
TOLL FREE (866) 202-9193
O
CRIMINAL/CIVIL LAW DIVISION
215 S. OAK, ROOM #114
COLVILLE, WA 99114
(509) 684-7500 I FAX (509) 684-7589
TTY (800) 833-6388
(Oath
o~
cAttolrttey
STATE OF WASHINGTON
"?~.??-f.?
COUNTY OF
EXHIBIT 3
.
~~.~~;I? .. ~~.~~~~:;.~ .. ~.!~.~~.~
I,
, do solemnly swear
1. I am fully subject to the laws of the State of Washington and the laws of the United States and
will abide by the same;
2. I will support the constitution of the State of Washington and the constitution of the United States;
3. I will abide by the Code of Professional Responsibility approved by the Supreme Court of the
State of Washington;
4. I will maintain the respect due to the courts of justice and judicial officers;
5. I will not counselor maintain any suit or proceeding which shall appear to me to be unjust, or any
defense except such as I believe to be honestly debatable under the law of the land, unless it be in defense
of a person charged with a public offense; I will employ for the purpose ofmaintaining the causes confided
to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or
jury by any artifice or false statement of fact or law;
6. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no
compensation in connection with his business except from him or with his knowledge and approval;
7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or
reputation of a party or witness unless required by the justice of the cause with which I am charged;
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed,
OT
delay any man's cause for lucre or malice.
So help me God.
/'
········~f·L.f~<jtl.i.~::.i~.U .
Subscribed and sworn to before me this
~:,w ~ 3T'ATI
MCmlAUHT ~ 'fT'MUCX)
~ '"':.,~0 ~ . . . . -.0
,l\! :"i,-n ~it .~.'
fI_ J
~.~.~h. day of
JMI
, 19.7.~ ..
(
.., .R ~ ,f
iA! .~ ~~.,.
,/
Judge
This "Appointment" by TVEIT,
a criminal usurper of the
office of DISTRICT COURT
JUDGE, is VOID.
This
"Appointment"
and "Oath of
Office" is like
getting a quit
claim deed to
the Brooklyn
Bridge from a
next door
neighbor. This
"oath" isn't
worth the
paper it is
printed on.
EXHIBIT 4
Another fraudulent "Oath
of Office" administered by
a criminal usurper.
EXHIBIT 5
-~TEVENS
COUNTY DISTRICT COURT
STATE OF WASHINGTON
RE:
215 South Oak Street
Room 213
Colville, Washington 99114
Telephone (509) 684-5249
STATE OF WASHiNGTON
CITYOF
()TTY OF CHEWELAH
February 24, 2015
w.
LA RUE, CONNIE
•
Cause No.
5Z0133878 HPD C'l'
Violation Date:
02/02/20 15
Violation:
LA RUE, CONNIE
1045 KITT NARCISSE RD
COLVILLE WA 99114
VEH OPR-REFUSE COMPLY POLICE
SUMMONS
and
NOTICE OF CASE SETTING
AVISO DE CASO SENALADO
THE ABOVE CAUSE HAS BEEN SET / CONTINUED TO THE DATE, TIME AND LOCATION STATED
FAILURE TO APPEAR MAY RESULT IN THE ISSUANCE OF A WARRANT FOR YOUR ARREST.
TIME:
0 1 ; 30 PM
DATE
Mar rob
~RRAIGNMENT'
TRIAL
2010
06
SENTENCING
HEARING
COURTROOM:
----X--
21
2
JUDGE:
NI CKEL,
COURT APPEARANCE is MANDATORY UNLESS $
cc.
LLOYD B
'See Reverse
COURT APPEARANCE IS MANDATORY.
CASH BAIL IS POSTED.
YOU MAY FORFEIT BAIL BY YOUR NON-APPEARANCE.
Pros. Atty.:
_
Officer: BOWERS,
Defense Atty.:
Bondsman:
Probation
.IOHNATHAN I,
_
_
BJYRDERS, NADINE M
Deputy Clerk
BrrwJ
BMW
EXHIBIT 6
The following "Delegation(s)" do not comply with state law because it is not FILED as defined in
RCW 65.04.015(2), (3) and (4). There is no Auditor File #, No evidence of required Fee Paid (RCW
36.18.010(3)), NICKEL was required, but failed, to “take an Oath of Office similar to that taken by
county auditors and deputy auditors in the performance of their duties”, per RCW 29A.60.140.
.t\I'!.,...
~"
.'
"-, -
;
EXHIBIT 7
.
.. ~~~- ~J.,
'.~.
County ofStevens
.
State of Washington
...--
Office of County Auditor
TIM GRAY, County Auditor
215 South Oak, Room 106
Colville, Washington 99114
(509) 684-7511
Fax: (509) 684-7568
June 30, 2015
RE:
Public Records Request dated June 30, 2015
Dear Mr.
l1li:
I have no record of a Oath of Office for the three Stevens County Elections
Canvassing Board members for the 2010, 2012 or 2014 election cycles.
Since the 2040 election cycle is 25 years in the future I am unable to search for
such a document.
I believe I have responded to your request and consider it closed at this time.
Sincerely,
uditor
USE
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Sent To
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City, State,.
J
Office of di$~plinary Counsel
Washington State Bar Association .---
1325 Fourth Avenue, Suite 600
a-• .II:L~S:ea::t:tl~e,~WA98101-2539
.---
.
7/28/2015
English
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1045 Kitt-Narcisse Rd
Colville, Washington 99114
USPS Cert. Mail 70113500 00018625 5608
TO:
Commission on Judicial Conduct
210 11th Ave SW #400
Olympia, WA 98501
USPS Cert. Mail 70113500 000186255622
TO:
Office of Disciplinary Counsel
Washington State Bar Association
1325 Fourth Avenue, Suite 600
Seattle, WA 98101-2539
COMPLAINT FOR DISBARMENT AND REFERRAL FOR PROSECUTION
OF LLOYD BECKWITH NICKEL, WSBA #9065 FOR
FOR CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL, OBSTRUCTION OF JUSTICE,
CRIMINAL IMPERSONATION OF AN ELECTIONS CANVASSING BOARD MEMBER, AND
VIOLATION OF HIS SWORN OATH OF ATTORNEY
I, Connie LaRue, Complainant, rely on the folloWing relevant facts in making this complaint.
FACTS:
1.
Evidence obtained through public records requests establish that:
a. LLOYD BECKWITH NICKEL, WSBA #9065, (herein after NICKEL) was "appointed" a
DEPUTY PROSECUTOR by TIMOTHY RASMUSSEN, WSBA #32105, (herein after
RASMUSSEN), "STEVENS COUNTY PROSECUTOR". (See EXHIBIT PACKAGE for all
relevant eVidentiary documents.)
1
b. No evidence exists on the official public record that RASMUSSEN has ever "duly
qualijiecf" - in compliance with state law 3 - to occupy the office of STEVENS
4
COUNTY PROSECUTOR and thus remains a criminal usurper in that Office.
I
MAXI M "What does not appear does not exist".
2 Black's Law 6th Edition states: "Duly Qualified" - Being "duly qualified" to fill an office, in the constitutional sense
and in the ordinary acceptation of the words, means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before entering on duties of the office; and that he shall be bound by
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 1 of 11
c. For 13 years in STEVENS COUNTY, there was no evidence that NICKEL ever had
an Oath of Office to duly qualify to serve as a STEVENS COUNTY DEPUTY
PROSECUTOR.
d. On August 31, 2004, NICKEL signed a fraudulent document in front of Vicki R.
Foshack, Notary Public, attempting to "formalize" a requisite Oath of Office by
dating it "nunc pro tunc, December 1, 1991."
e. The NICKEL nunc pro tunc "Oath of Office" [EXHIBIT 1] does not comply with
state law as defined in RCW 65.04.015(2)' (3) and (4). There is no Auditor File #,
No evidence of required Fee Paid (RCW 36.18.010(3)), etc. It does not meet the
requirements of RCW 36.27.040 "Each deputy thus appointed shall have the
same qualifications required of the prosecuting attorney". "!'Junc pro tunc" on a
document required to be taken "before entering upon the duties" per RCW
36.16.060 is fraud.
f. The NICKEL nunc pro tunc "Oath of Office" has not been made a part of the
official public record. RCW 65.04.015(2L (3).
g. It was NICKEL himself that authored a letter (at RASMUSSEN's behest) in
response to a public records request dated September 13, 2012 [EXHIBIT 2],
stating: "Our research has convinced us and at least one Superior Court Judge
that deputies do not hold an "office" and therefore do not have "oaths of
office". Nor are deputies required to file bonds." This statement is impeached
by RCW 36.27.040 and RCW 36.16.060 making NICKEL's statements a violation of
his sworn Oath of Attorney [EXHIBIT 3], the Ethics in Public Service Act [RCW
42.52.160], the Code of Professional Responsibility approved by the Supreme
Court of the State of Washington, and the People's trust.
h. No evidence exists on the official public record that NICKEL has ever "duly
qualified" since 1991 - in compliance with state law - to occupy the office of
STEVENS COUNTY DEPUTY PROSECUTOR and thus was a criminal usurper in that
Office up to 2014.
oath or affirmation to support the Constitution, and to perform the duties of the office with fidelity. Black's Law
Dictionary 6th Edition.
3 RCW 42.20.030 (in relevant part) - Intrusion into and refusal to surrender public office. Every person who shall
falsely personate or represent any public officer, ... or who shall willfully exercise any of the functions or perform
any of the duties of such officer, without having duly qualified therefore, as required by law, ... shall be guilty of a
gross misdemeanor.
4 "The fact that the candidate is qualified at the time of his election is not sufficient to entitle him to hold the office
if, at the time of his commencement to his term of office, or during the continuance of the term, he ceases to be
qualified. Eligibility to public office is of a continuing nature, and must subsist at the commencement of the term,
and during the occupancy of the office." Washington Attorney General Opinion - AGO 63-64, no. 17.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 2 of 11
i.
On December 5, 2014, usurper of the office of STEVENS COUNTY DISTRICT
COURT JUDGE, GINA A. TVEIT, in the absence of lawful authority, "ordered"
NICKEL to be "appointed to hear cases as a Judge Pro Tempore for Stevens
County District Court". [EXHIBIT 4J
j.
No evidence exists on the official public record that TVEIT has ever "duly
qualified" - in compliance with state law - to occupy the office of STEVENS
COUNTY DISTRICT COURT JUDGE for the same reasons as RASMUSSEN above,
and thus TVEIT remains a criminal usurper in that Office.
k. NICKEL subscribed an Oath of Office on the "appointment" document that was
"RECEIVED DEC 08, 2014". There is no evidence it was ever FILED according to
state law RCW 65.04.015(2), (3) and (4) and there is no evidence of where the
document can be located.
I.
NICKEL subscribed an additional separate Oath of Office that same day that was
also marked "RECEIVED DEC 08, 2014" [EXHIBIT 4 page 2]. There is no evidence
NICKEL received an "appointment" to serve as "COMMISSIONER", plus, no
evidence exists that the "Oath" was ever FILED according to state law RCW
65.04.015(2), (3) and (4) and there is also no evidence of where the document
can be located or examined.
m. NICKEL is a WASHINGTON STATE BAR licensed attorney, BAR #9065, and is
charged with being fully subject to and abiding by the law as stated on his sworn
Oath of Attorney.
n. It was NICKEL's obligation to investigate the legality of TVEIT's duly-qualified
status before accepting an "appointment" from TVEIT.
o. NICKEL was "assigned" to sit in "judgment" over LaRue in CITY OF CHEWELAH v.
CONNIE LARUE in STEVENS COUNTY DISTRICT COURT, Cases No. 5Z0133878 and
No. 5Z0133879. after TVEIT recused herself. [EXHIBIT 5]. These fraudulent cases
were dismissed but not before LaRue suffered from being arrested, jailed and
extorted of her time, energy and meager finances. [Additional documents can be
found in the GINA A. TVEIT COMPLAINT FOR DISBARMENT submitted before the
BAR and COMMISSION ON JUDICIAL CONDUCT.]
2.
Evidence obtained through public records requests establish that:
a. NICKEL was "Delegated" by RASMUSSEN to serve on the 2010 Special, Primary
and General Elections CANVASSING BOARD; the 2012 Special, Primary and
General Elections CANVASSING BOARD and the 2014 Special Elections
CANVASSING BOARD. [EXHIBIT 6]
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 3 of 11
b. NICKEL, as a "member" of the STEVENS COUNTY Elections CANVASSING BOARD
was required, but failed, to "take an Oath of Office similar to that taken by
county auditors and deputy auditors in the performance of their duties", per
RCW 29A.60.140. (See TIM GRAY's reply to a public records request where he
stated "I have no record of an Oath of Office for the three Stevens County
Elections Canvassing Board members for the 2010, 2012 or 2014 election cycles."
[EXHIBIT 7])
c. NICKEL has been known to have, on at least 7 occasions, falsely represented
himself as a duly-qualified CANVASSING BOARD MEMBER in STEVENS COUNTY
for the 2010, 2012, and 2014 election cycle which is a Class C felony per RCW
9A.20.021. There may have been other instances not investigated.
d. The penalty for violation of any election laws is prescribed within the Elections
Title 29A specifically under "Canvassing, Officers -- Violations generally" in RCW
5
29A.84.720 .
3.
NICKEL is a WASHINGTON BAR MEMBER #9065 who had falsely represented himself
as a STEVENS COUNTY DEPUTY PROSECUTOR.
4.
NICKEL engaged in the illegal prosecution of LaRue in conspiracy with other
impersonators of public officials and usurpers of elective and appointive STEVENS
7
COUNTY "government offices" as a part of a RIC0 enterprise.
5.
NICKEL has on numerous occasions falsely represented himself as a duly-qualified
CANVASSING BOARD MEMBER in STEVENS COUNTY for at least the 2010, 2012, and
2014 election cycle which is a Class C felony per RCW 9A.20.021.
6.
NICKEL should be disbarred for violating the laws of the State of Washington and his
required Oath of Attornel and referred to the proper authorities for prosecution.
6
5 RCW 29A.84.720 Officers -
Violations generally, reads as follows: "Every person charged with the performance
of any duty under the provisions of any law of this state relating to elections, including primaries, or the provisions
of any charter or ordinance of any city or town of this state relating to elections who willfully neglects or refuses to
perform such duty, or who, in the performance of such duty, or in his or her official capacity, knowingly or
fraudulently violates any of the provisions of law relating to such duty, is guilty of a class C felony punishable
under RCW9A.20.021 and shall forfeit his or her office."
6 The illegal prosecution against LaRue resulted in her being false arrested, kidnapped, falsely imprisoned,
assaulted with a deadly weapon, all by person impersonating public officers, believed to be participants in a
Racketeer Influenced Corrupt Organization (RICO) enterprise operating in STEVENS COUNTY.
7 The Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply RICO, is
a United States federal law that provides for extended criminal penalties and a civil cause of action for acts
performed as part of an ongoing criminal organization.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 4 of 11
7.
Complainant Connie LaRue was a candidate for the public office of STEVENS COUNTY
CORONER during the 2014 election cycle and has a right to make a record and
challenge the validity of the 2014 STEVENS COUNTY Elections based upon the
felonious actions of NICKEL and others impersonating CANVASSING BOARD member.
I declare that the foregoing facts are true and correct to the best of my knowledge,
understanding and belief.
Further I sayeth naught.
All Rights Reserved
Connie LaRue, Affiant
JURAT
Washington State
Stevens County
}
} ss.
I,
~£L rYl t(o~1-I , a Washington Notary Public, do certify that Connie LaRue
appeared before me and swears under penalty of perjury that the foregoing is true and correct
to the best of her knowledge, understanding and belief.
C,
A
RCW 2.48.210 Oath on admission reqUires an Oath of Attorney before authorization to practice law in
Washington stating: "Every person before being admitted to practice law in this state shall take and subscribe the
following oath".
8
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 5 of 11
LEGISLATIVE MANDATES TO DULY QUAI.IFY FOR PUBLIC OFFICE SUPPORTED BY WASHINGTON
COURT RULINGS
1.
RCW 2.48.210 Oath on admission requires an Oath of Attorney before authorization
to practice law in Washington stating: "Every person before being admitted to
practice law in this state shall take and subscribe the following oath".
2.
Right to hold public office is subject to qualifications imposed by legislature. State
II
ex rei. Carroll v. Simmons (1962) 61 Wash.2d 146,377 P.2d 421, cert, denied 83 S. Ct.
1698,374 U.S. 808, 10 L. Ed.2d 1032
3.
"Use of word "shaW'in statute imposes mandatory duty." Waste Management of
Seattle, Inc. v. Utilities and Trans. Com'n, 869 P.2d 1034, 123 Wash.2d 621,
reconsideration denied (1994).
4.
RCW 36.16.040 Oath of office. "Every person elected to county office shall before he
or she enters upon the duties of his or her office take and subscribe an oath or
affirmation that he or she will faithfully and impartially discharge the duties of his or
her office to the best of his or her ability.
II
5.
RCW 36.16.060 Place of filing oaths and bonds. "Every county officer, before
entering upon the duties of his or her office, shall file his or her oath of office in the
office of the county auditor and his or her official bond in the office of the county
clerk... Oaths and bonds of deputies shall be filed in the offices in which the oaths
and bonds of their principals are reqUired to be filed."
6.
RCW 65.04.030 Instruments to be recorded or filed.
The auditor or recording officer must, upon the payment of the fees as required in
RCW 36.18.010...
(3) All such other papers or writing as are required by law to be recorded and such
as are required by law to be filed.
7.
RCW 65.04.130 Fees to be paid or tendered.
Said county auditor is not bound to record any instrument or file any paper or
notice, or furnish any copies, or to render any service connected with his or her office,
until his or her fees for the same, as prescribed by law. are if demanded paid or
tendered.
"Provision requiring payment of fees in advance is mandatory." State v.
Nelson (1940) 6 Wash.2d 190, 107 P.2d 1113.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 6 of 11
"When papers are received by officer for filing, filing will not become
effective until necessary fees have been paid." State v. Conners (1942) 12
Wash.2d 128, 120 P.2d 1002; State v. Nelson (1940) 6 Wash.2d 190, 107 P.2d
1113.
"Statutes relating to compensation of public officer must be strictly construed
in favor of government, and such officers are entitled only to what is clearly
given by law." Murphy v. State Dept. of Licensing (1981) 28 Wash. App. 620,
675 P.2d 732.
"Day on which oath of office is signed and filed by judge of superior court ~
day on which he assumes office for purposes of pension benefits, and day of
Governor's announcement of proposed appointment is immaterial./I Jordan v.
O'Brien (1971) 79 Wash.2d 406, 486 P.2d 890.
8.
RCW 65.08.150 Duty to Record: A recording officer, upon payment or tender to him
or her of the lawful fees therefor, shall record in his or her office any instrument
authorized or permitted to be so recorded by the laws of this state or by the laws of
the United States.
9.
'When legislative body provides definitions for statutory terms, it is that
definition to which the person must conform his conduct." City of Seattle v.
Koh, 26 Wash. App. 708, 614 P.2d 665 (1980).
"'Where an act uses the word in a special sense which it defines, definition
by average man or by ordinary dictionary is not substitute for the
definitions contained in the act." National Homeopathic Hospital Ass'n of
District of Columbia et.al. v. Britton, Deputy Com'r., 147 F2d 561.
10.
Legislative Definitions (summation) of "FILE", "FILED", or "FILING" and "RECORD",
"RECORDED" or "RECORDING"
RCW 65.04.015(2) FILED for "recording into the official public record"
RCW 65.04.015 (3) RECORD "after filing to incorporate the instrument into the public
records"
RCW 65.04.015 (4) "RECORDING NUMBER" Assignment of an "auditor or recording
officer file numberl/f'that identifies the storage location" "of each instrument in the
public records" "accessible in the same recording office where the instrument
containing the reference to the location is found."
11.
RCW 5.44.040 Certified copies of public records as evidence.
Copies of all records and documents on record or on file in the offices of the various
departments of the United States and of this state or any other state or territory of
the United States, when duly certified by the respective officers having by law the
custody thereof, under their respective seals where such officers have official seals,
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 7 of 11
shall be admitted in evidence in the courts of this state. [NOTE: If the fees for filing
and/or recording are not paid in advance, an oath of office cannot be made a part of
the official public record.]
12.
RCW 42.20.100 Failure of duty by public officer a misdemeanor. Whenever any
duty is enjoined by law upon any public officer or other person holding any public
trust or employment, their wilful neglect to perform such duty, except where
otherwise specially provided for, shall be a misdemeanor.
13.
RCW 9A.80.010 Official Misconduct, (l)(a) ... intentionally commits an unauthorized
act under color of law (b) .. .intentionally refrains from performing a duty imposed
upon him or her by law. (2) Official misconduct is a gross misdemeanor, defined at
RCW 9.92.020.
14.
RCW 42.12.010 Causes of vacancy, Every elective office shall become vacant on the
happening of any of the following events:
(5) ... any offense involving a violation of his or her official oath;
(6) His or her refusal or neglect to take his or her oath of office, or to give or renew
his or her official bond, or to deposit such oath or bond within the time prescribed by
law.
15.
RCW 42.20.030 -Intrusion into and refusal to surrender public office.
Every person who shall falsely personate or represent any public officer, or who shall
willfully intrude himself into a public office to which he has not been duly elected or
appointed, or who shall willfully exercise any of the functions or perform any of the
duties, without having duly qualified as required by law, ..., shall be guilty of a gross
misdemeanor.
16.
RCW 9A.56.130 Extortion in the second degree.
(1) A person is guilty of extortion in the second degree if he commits extortion by
means of threat as defined in RCW 9A.04.110(28)(d) through (j).
(2) Extortion in the second degree is a class C felony.
RCW 9A.04.110 - Definitions.
(28) "Threat" means to communicate directly or indirectly the intent:
(h) To take wrongful action as an official against anyone or anything, or
wrongfully withhold official action, or cause such action or withholding;
The Washington Legislature enacted two laws, one which was enacted in 1866 and another that
was enacted in 1909, both of which are still on the books and are now recodified as RCW
42.12.010 and 42.20.030.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 8 of 11
RCW 42.12.010 originally enacted in 1866 and to date, remains almost unchanged, allows no
grace period under subsection (6) for any refusal or neglect [to duly qualify] within the time
prescribed by law.
RCW 42.20.030 was originally enacted in 1909 and has never been changed and contains four
different offenses that constitute the act of intrusion into public office and one for refusal to
surrender public office.
Three of these offenses require certain acts to be performed "willfully" in order to be a crime,
but two of the offenses only require that certain acts be performed.
The first element states, "Every person who shall falsely personate or represent any public
officer} or ... " Notice that no intent is required.
The second element states, "who shall willfully intrude himself into a public office to which he
has not been duly elected or appointed} or ... Willfulness is established by knowledge (RCW
9A.08.010) and "duly" is defined in Black's Law Dictionary 6th Ed. as "In due and proper form
or manner; according to legal requirements....; according to law in both form and substance. "
/1
The third element states, "who shall willfully exercise any of the functions or perform any of
the duties of such officer, without having duly qualified therefor} as required by law; or... "
"Being duly qualified to fill an office} in the constitutional sense and in the ordinary acceptation
of the words} means that the officer shall possess every qualification; that he shall
in all respects comply with every requisite before entering on the duties of the office; and that
he shall be bound by oath or affirmation to support the Constitution, and to perform the duties
of the office with fidelity. " Black's Law Dictionary 6th Ed.
The fourth element states, "Who, haVing been an executive or administrative officer, shall
willfully exercise any of the functions of his office after his right to do so has ceased, or ..."
The fifth element states, "wrongfully refuse to surrender the official seal or any books or papers
appertaining to such office, upon the demand of his lawful successor shall be guilty of a gross
misdemeanor." See RCW 9A.60.040 Impersonating a Public Officer and RCW Chapter 7.56 Quo
Warranto.
RCW 9a.60.040 Criminal impersonation in the first degree.
(1) A person is gUilty of criminal impersonation in the first degree if the person:
(a) Assumes a false identity and does an act in his or her assumed character
with intent to defraud another or for any other unlawful purpose; or
(b) Pretends to be a representative of some person or organization or a public
servant and does an act in his or her pretended capacity with intent to defraud
another or for any other unlawful purpose.
(2) Criminal impersonation in the first degree is a class C felony.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 9 of 11
CONCLUSIONS RELIED UPON FOR THIS CRIMINAL COMPLAINT:
First, if the fees for filing are not paid in advance, an oath of office cannot be made a part of the
official public record. see RCW 5.44.040.
Second, if the official oath is not made part of the official public record, it grants no lawful
authority.
Third, if the oath is not filed as defined in RCW 65.04.040, it is not part of the official public
record.
RCW 65.04.040 Method for recording instruments - Marginal notations
Arrangement of records.
Any state, county, or municipal officer charged with the dutv of recording
instruments in public records shall record them by *record location number in
the order filed, irrespective of the type of instrument, using a process that has
been tested and approved for the intended purpose by the state archivist.
In addition the county auditor or recording officer, in the exercise of the duty of
recording instruments in public records, may, in lieu of transcription, record all
instruments, that he or she is charged by law to record, by any electronic data
transfer,
photographic, photostatic, microfilm,
microcard, miniature
photographic or other process that actually reproduces or forms a durable
medium for so reproducing the original, and which has been tested and
approved for the intended purpose by the state archivist. If the county auditor
or recording officer records any instrument by a process approved by the state
archivist it shall not be necessary thereafter to make any notations or marginal
notes, which are otherwise required by law, thereon if, in lieu of making said
notations thereon, the auditor or recording officer immediately makes a note of
such in the general index in the column headed "remarks," listing the record
number location of the instrument to which the current entry relates back.
Previously recorded or filed instruments may be processed and preserved by any
means authorized under this section for the original recording of instruments.
The county auditor or recording officer may provide for the use of the public,
media containing reproductions of instruments and other materials that have
been recorded pursuant to the provisions of this section. The contents of the
media may be arranged according to date of fi'ing, irrespective of type of
instrument, or in such other manner as the county auditor or recording officer
deems proper.
Fourth, if the oath of office is not actually made part of the official public record, as defined in
law, it cannot be admitted into evidence under ER 902(d) or ER 1005 to support a lawful claim
for salaries or benefits [or for any other purpose] relating to a public office.
COMPLAINT for DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 10 of 11
Fifth, as shown by the case law already supplied to you, all filing fees are mandatory and are to
be paid in advance and your [STATE AUDITOR] examiners are supposed to know that an oath of
office. an appointment to a public office. and an official bond are required by law to be filed
and/or recorded into and made part of the official public record. requiring a paid receipt for
those transactions. AUDITORs know that there can be no lawful occupation of the intended
office by a person impersonating a public official or usurping a public office.
Sixth, there are several sections in RCW 43.09 that would cover your [STATE AUDITOR's]
department responsibility to verify that the bonds, appointments and oaths were filed, as
reqUired by law, such as RCW 43.09.200, 43.09.210, 43.09.230, and 43.09.245 but, under
43.09.260 your department has specific information as to what is required pursuant to
subsection (5). RCW 43.09.260(5) "On every such examination, inquiry shall be made as to the
financial condition and resources of the local government; whether the Constitution and laws
of the state. the ordinances and orders of the local government and the requirements of the
state auditor have been properly complied with, and into the methods and accuracy of the
accounts and reports."
IN CLOSING
For the foregoing reasons supported by facts, relevant law, statutes, and Washington court
rulings, LLOYD BECKWITH NICKEL, WSBA #9065, should be disbarred and referred by this body
of examiners and mandatory reporters for criminal prosecution before the appropriate
authorities, state or federal.
It is my firmly held conviction that the laws and legislative mandates relied upon herein are
relevant to support the conclusions that LaRue's unalienable rights were Violated. LLOYD
BECKWORTH NICKEL's CRIMINAL IMPERSONATION OF A PUBLIC OFFICIAL, OBSTRUCTION OF
JUSTICE, CRIMINAL IMPERSONATION OF AN ELECTIONS CANVASSING BOARD MEMBER, AND
VIOLATION OF HIS SWORN OATH OF ATIORNEY warrant this COMPLAINT FOR DISBARMENT
AND REFERRAL FOR PROSECUTION.
All Rights Reserved
C..f>\,\yU,
la13~"Y'~_..--
_
Connie LaRue
COMPLAINTfor DISBARMENT and REFERRAL for PROSECUTION of LLOYD BECKWITH NICKEL
Page 11 of 11
INDEX OF EXHIBITS
EXHIBIT 1: NICKEL’s nunc pro tunc “Oath of Office” 13 years late.
EXHIBIT 2: NICKEL’s deceptive (lies) and fraudulent letter.
EXHIBIT 3: NICKEL’s Oath of Attorney.
EXHIBIT 4: NICKEL’s “Appointment” to Judge Pro Tem by GINA A. TVEIT.
EXHIBIT 5: LaRue’s SUMMONS and NOTICE OF CASE SETTING
EXHIBIT 6: NICKEL collection of non-filed “Delegation(s)” to “serve” on the STEVENS
COUNTY ELECTIONS CANVASSING BOARD, 2010, 2012, and 2014.
EXHIBIT 7: TIM GRAY letter of June 30, 2015, stating there are no records of an Oath of
Office for the Three Stevens County Elections Canvassing Board member for 2010, 2012
and 2014.
NOTICE
There is no evidence that any of the below-named impersonators of public officials and
criminal usurpers of public offices are compliant with state law. None have an “oath of office” or
“appointment” properly filed and incorporated into the official public records. This blatant
disregard for Washington State Law has deprived LaRue of her right to Justice through Due
Process of Law at minimum.
TIMOTHY RASMUSSEN
JESSICA TAYLOR
SAUNDRA RICHARTZ
NICHOLAS FORCE
KENDLE ALLEN
TROY ANDERSON
JOHNATHAN BOWERS
GINA A. TVEIT
LLOYD B. NICKEL
ALLEN C. NIELSON
PATRICK A. MONASMITH
EXHIBIT 1
State of Washington
County of Stevens
)
)
)
OATH OF OFFICE
I, Lloyd Nickel, do solemnly swear that I am a Citizen of the United States
and of the State of Washington; that I will support the Constitution and Laws
afthe United States and the Constitution and Laws ofthe state of Washington,
and will to the best of my judgment, skill and ability, truly, faithfully, diligently
and impartially perform the duties of a Deputy Prosecuting Attorney in and for
Stevens County, Washington, as such dUties ate prescribed by law, sO help me
God.
Dated August 31, 2004, nunc pro
tunc, December 1, 1991.
~
Lloyd Nickel
This "Oath of Office" does not comply with state law as defined in RCW 65.04.015(2), (3) and (4).
There is no Auditor File #, No evidence of required Fee Paid (RCW 36.18.010(3)), etc. This also
does not meet the requirements of RCW 36.27.040 "Each deputy thus appointed shall have the
same qualifications required of the prosecuting attorney" or RCW 36.16.060 "before entering
upon the duties". "Nunc pro tunc" is a fraud. This "oath" has not been made a part of the official
public record. This "oath" is just a worthless piece of paper.
County o!Stevens
.
.
State.ofWas~'-"'~""ii
•• •. r_ .• '·...- -_.·,.... :~.~;-.·.
·AUgO$t31,:2.Dl.0';
:~=~I~f!~~~Rd/; hot-A
CdlVfJJe,WasniJ19tQn:
.,'
.....
.
~
\1f}~rMnC.larl9:
I , receiv~,;,:
'r;:',PUllJLJsC.oSJ.:L.
,'kif ~a:l -, re:'
;~OO,":'
.·'~~1' ,-:>:Olo.fdr,thefoUbwih'~
'.' , ~.yQU
req'if"es,t,QQ
" __A.ug,U$t,;~!,4,
" ."
. , " ,..g
QQ A4~·jO/2.~11h:J3Y Jteni>;hetE!l$tO:Y·~P9't§~:':
'"
,..
.1.
Qathsof:QfflC~ifi)rl4~v~s~~ntyi~p-~~,~rgoy~}.JiCker.~·;
.' (1);
Curr-¢l1~~rii(~q.Q7:it5.·date ~ -::N(in~;6rHiJe~.
{2}
Tetro :2,OQJ:tP:,2QOl
~·,f:'Qog~QJt ftl¢.;
{4}
Term '1§'9S f<>:19S0
,"::None,;on;·ftiK.
f3}
(sy
Term 1999 to"2003
Term 1991 t.(;il~S;
:~fNbne~oh-flf~.:
-None;<jtYfile"
(6)
Term 19QO'to; 1991-~rtitled;GQRy~r¢ac;lY'for
yoU to pic"J<.-~p.
2.
Certiftedcopy. ofany'wntten appdiiltm~nts'Jor the terms above..
. Qhe;~eit:lfita,t~,or APPQio~ijt;m:a(j~ Qfl~Qr~aJY',e, 2Q07·
NQ:o.th~r
documents fOUhd.c:Acertifiep"cqpy l? readYfQr ypu to pltk;.up;
3,
See above.
4.
COst ofthe two certified costs Is $6.00; Itrled. th~tel~pnqne nLJrpber
listed and got no answer or recording, so I rna'fled thisJetier.- ..
. RespectfUlly,
~Jf'_
,.'
-a
'T1m~G""
ray, St evfin'S CO,untyAuditor
O
"
·
•. '
'.
EXHIBIT 2
,,-~~
~-
l:'~';ln~
__ .-'=---~_. __ .""'"'"'~-=---=c::-::.
- - -"~_~.,,,;~~-wrr>X]!'i5
•.
-.,-~.
September 13,2012
STEVENS COUNTY PROSECUTING ATTORNEY
RCW 36.16.060 "...Oaths and bonds of deputies shall be filed
in the offices in which the oaths and bonds of their principals
are required to be filed."
FILED is defined in RCW 65.04.015(2).
RCW 36.27.040 "Each deputy thus appointed shall have the
same qualifications required of the prosecuting attorney", and
RCW 36.16.060 are to file an Oath of Office with the County
Auditor BEFORE entering upon the duties of the office. The
NICKEL letter herein is a fraud upon the People of Stevens
County.
Chewelah, WA 99109
Regarding: Public Records Request
Mr.
:
This is in response to your request dated September 5,2012 and received by this
office Septem ber 7, 2012. Mr. Rasmussen has asked me to respond to you that we can
find no documents meeting the description(s) of this request. Our research has convinced
us and at least one Superior Court Judge that deputies do not hold an "office" and
therefore do not have "oaths of office". Nor are deputies required to file bonds. Deputy
Prosecuting attorneys are not state employees.
Lloyd Nickel
Deputy Prosecuting Attorney
o 298
FAMILY LAW DIVISION
S. MAIN, SUITE 204
COLVILLE, WA 99114
(509) 684-7501 I FAX (509) 684-7581
TOLL FREE (866) 202-9193
O
CRIMINAL/CIVIL LAW DIVISION
215 S. OAK, ROOM #114
COLVILLE, WA 99114
(509) 684-7500 I FAX (509) 684-7589
TTY (800) 833-6388
(Oath
o~
cAttolrttey
STATE OF WASHINGTON
"?~.??-f.?
COUNTY OF
EXHIBIT 3
.
~~.~~;I? .. ~~.~~~~:;.~ .. ~.!~.~~.~
I,
, do solemnly swear
1. I am fully subject to the laws of the State of Washington and the laws of the United States and
will abide by the same;
2. I will support the constitution of the State of Washington and the constitution of the United States;
3. I will abide by the Code of Professional Responsibility approved by the Supreme Court of the
State of Washington;
4. I will maintain the respect due to the courts of justice and judicial officers;
5. I will not counselor maintain any suit or proceeding which shall appear to me to be unjust, or any
defense except such as I believe to be honestly debatable under the law of the land, unless it be in defense
of a person charged with a public offense; I will employ for the purpose ofmaintaining the causes confided
to me such means only as are consistent with truth and honor, and will never seek to mislead the judge or
jury by any artifice or false statement of fact or law;
6. I will maintain the confidence and preserve inviolate the secrets of my client, and will accept no
compensation in connection with his business except from him or with his knowledge and approval;
7. I will abstain from all offensive personalities, and advance no fact prejudicial to the honor or
reputation of a party or witness unless required by the justice of the cause with which I am charged;
8. I will never reject, from any consideration personal to myself, the cause of the defenseless or
oppressed,
OT
delay any man's cause for lucre or malice.
So help me God.
/'
········~f·L.f~<jtl.i.~::.i~.U .
Subscribed and sworn to before me this
~:,w ~ 3T'ATI
MCmlAUHT ~ 'fT'MUCX)
~ '"':.,~0 ~ . . . . -.0
,l\! :"i,-n ~it .~.'
fI_ J
~.~.~h. day of
JMI
, 19.7.~ ..
(
.., .R ~ ,f
iA! .~ ~~.,.
,/
Judge
This "Appointment" by TVEIT,
a criminal usurper of the
office of DISTRICT COURT
JUDGE, is VOID.
This
"Appointment"
and "Oath of
Office" is like
getting a quit
claim deed to
the Brooklyn
Bridge from a
next door
neighbor. This
"oath" isn't
worth the
paper it is
printed on.
EXHIBIT 4
Another fraudulent "Oath
of Office" administered by
a criminal usurper.
EXHIBIT 5
-~TEVENS
COUNTY DISTRICT COURT
STATE OF WASHINGTON
RE:
215 South Oak Street
Room 213
Colville, Washington 99114
Telephone (509) 684-5249
STATE OF WASHiNGTON
CITYOF
()TTY OF CHEWELAH
February 24, 2015
w.
LA RUE, CONNIE
•
Cause No.
5Z0133878 HPD C'l'
Violation Date:
02/02/20 15
Violation:
LA RUE, CONNIE
1045 KITT NARCISSE RD
COLVILLE WA 99114
VEH OPR-REFUSE COMPLY POLICE
SUMMONS
and
NOTICE OF CASE SETTING
AVISO DE CASO SENALADO
THE ABOVE CAUSE HAS BEEN SET / CONTINUED TO THE DATE, TIME AND LOCATION STATED
FAILURE TO APPEAR MAY RESULT IN THE ISSUANCE OF A WARRANT FOR YOUR ARREST.
TIME:
0 1 ; 30 PM
DATE
Mar rob
~RRAIGNMENT'
TRIAL
2010
06
SENTENCING
HEARING
COURTROOM:
----X--
21
2
JUDGE:
NI CKEL,
COURT APPEARANCE is MANDATORY UNLESS $
cc.
LLOYD B
'See Reverse
COURT APPEARANCE IS MANDATORY.
CASH BAIL IS POSTED.
YOU MAY FORFEIT BAIL BY YOUR NON-APPEARANCE.
Pros. Atty.:
_
Officer: BOWERS,
Defense Atty.:
Bondsman:
Probation
.IOHNATHAN I,
_
_
BJYRDERS, NADINE M
Deputy Clerk
BrrwJ
BMW
EXHIBIT 6
The following "Delegation(s)" do not comply with state law because it is not FILED as defined in
RCW 65.04.015(2), (3) and (4). There is no Auditor File #, No evidence of required Fee Paid (RCW
36.18.010(3)), NICKEL was required, but failed, to “take an Oath of Office similar to that taken by
county auditors and deputy auditors in the performance of their duties”, per RCW 29A.60.140.
.t\I'!.,...
~"
.'
"-, -
;
EXHIBIT 7
.
.. ~~~- ~J.,
'.~.
County ofStevens
.
State of Washington
...--
Office of County Auditor
TIM GRAY, County Auditor
215 South Oak, Room 106
Colville, Washington 99114
(509) 684-7511
Fax: (509) 684-7568
June 30, 2015
RE:
Public Records Request dated June 30, 2015
Dear Mr.
l1li:
I have no record of a Oath of Office for the three Stevens County Elections
Canvassing Board members for the 2010, 2012 or 2014 election cycles.
Since the 2040 election cycle is 25 years in the future I am unable to search for
such a document.
I believe I have responded to your request and consider it closed at this time.
Sincerely,
uditor
USE
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7/28/2015
English
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