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Archive for September, 2009

Kitsap Lawyers’ Debate Wouldn’t be Complete without Some Caselaw

Sunday, September 27th, 2009

A debate over the results of the Kitsap County Bar Association’s Judicial Preference Poll ignited this month, after Silverdale attorney Ron Templeton called the poll a “popularity contest.” (Read the full story here.)

Such a debate just wouldn’t be “lawyerly” if it didn’t involve some case law.

Bremerton attorney Stan Glisson, in responding to Templeton’s accusation that Bremerton Municipal Court was a venue for “dog bites and traffic infractions,” invoked the legendary case Marbury v. Madison. The case opinion by John Marshall in 1803 was the first time the US Supreme Court declared something unconstitutional, establishing the idea that the courts could keep in check the executive and legislative branches of government.

The heart of the case was a last minute appointment by President John Adams of a justice of the peace, among many “midnight” appointments Adams made in an effort to fill the judiciary with federalists on the eve of Thomas Jefferson’s presidency.

“In 1803, few people probably cared whether William Marbury won a commission as a local justice of the peace,” Glisson wrote. “But Marbury v. Madison established our current concept of judicial review, without which the separation of powers and our concept of government is effectively meaningless.”

In Templeton’s response, he used the same case to make his point — that challenger Ed Wolfe, who’s facing incumbent Judge James Docter this fall for the municipal court seat, isn’t unqualified to serve as judge. James Madison and William Marbury, the men involved in the case, had little in the way of judicial experience, Templeton wrote.

“Both Marbury and Marshall were well-respected for their intellect,” he wrote. “However, under the ‘experience’ test enumerated by some of our colleagues today, neither Marbury or Marshall would be judged ‘qualified’ to fill the judicial positions to which they were appointed.”


Read the Letters: The Bar Poll Debate

Sunday, September 27th, 2009

Here are the four letters exchanged by the attorneys in the great 2009 Kitsap County bar poll debate.

(more…)


Jefferson Detectives Keeping Eye on ’75 Missing Persons Case

Friday, September 18th, 2009

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Jefferson County Sheriff’s detectives are still holding out hope that a man found dead in Olympic National Forest in 1975 can be identified.

The man, believed to be between 20 and 25 years old, was found in the Cliff Creek area of the Duckabush River basin, west of Brinnon. He was found with a single gunshot wound to the head, and a .22 caliber rifle was nearby. “The arrangement of the weapon supported by a stick and the remote location strongly suggest suicide,” Detective Joe Nole said.

The man’s body was found about six to nine months after he died, in October of that year. Detectives believe he was wearing new clothes at the time of death, and size 11 1/2 shoes. No identification was found on him.

Dental work to try and determine his identity was conducted, but to no avail. But the sheriff’s office recently enlisted the help of the King County Medical Examiner’s Office’s forensic anthropologist — you’ve probably seen her work before in this story about remains found in Port Orchard — and the photos you’re seeing are recreations they made.

A DNA profile of the man from a leg bone will be logged into a national database. Anyone who might know who the man is may contact Detective Nole, at 360.385.3831, extension 547, or email him at jnole@co.jefferson.wa.us.


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