Category Archives: In the Courts

Tim Eyman’s associates ordered to pay $10,000+ in court costs and attorneys fees

In the Courts

Tim Eyman’s associates Roy Ruffino and Eddie Agazarm, who Eyman depends on to run his signature drives, have been ordered to pay over $10,000 in court costs and attorneys’ fees to the State of Washington by Thurston County Superior Court Judge Mary Sue Wilson for failing to cooperate with Attorney General Bob Ferguson’s investigation into Eyman’s serious violations of Washington’s public disclosure law.

The order reads:

THIS MATTER came before the Court on the State’s Motion to Set Attorneys’ Fees and Costs; the parties appeared through counsel. The Court considered the records and files in this matter as well as the arguments of the parties. Respondents failed to file a response.

Having previously ordered that the State was entitled to payment of attorneys’ fees and costs associated with initiating this case, and having determined that the State’s request for fees and costs through the time of filing of this motion is reasonable, the Court hereby ORDERS as follows:

  1. The State’s Motion to Set Attorneys’ Fees and Costs is granted.
  2. For work completed through the date of the filing of this motion, Respondents shall pay Petitioner, State of Washington, the amount of $9,975.00 as reasonable attorneys fees and the amount of $494.50 as costs pursuant to RCW 42.17A.765(5).
  3. The Court reserves the right to order payment of additional attorneys’ fees and costs for any further proceedings brought by the State for Respondents’ failure to comply with the Court’s Order dated July 1, 2016, including but not limited to attorneys’ fees and costs related to the State’s pending Motion for Contempt of Court.

DONE IN OPEN COURT this 5th day of August, 2016.

While Wilson granted the state’s motion to set attorneys fees, she decided not to consider a motion to hold Ruffno and Agazarm in contempt of court for the time being, instead directing the parties to work together to reschedule a hearing on that motion for later this month. A Snohomish County Superior Court judge is scheduled to hear arguments concerning a related motion to hold Eyman himself in contempt of court next Friday.

The team at NPI is pleased that Eyman and his associates are finally paying a price for their stonewalling, which has prevented the people of Washington from knowing what really happened. We agree with the Attorney General’s office that it is evident Eyman has no desire to cooperate with this investigation. To the extent he has turned over records sought, it is merely so he can feign compliance with lawfully-issued civil orders seeking documents that would bring the truth to light. And that’s not good enough. We support the state’s motions asking that Eyman and company be held in contempt of court.

NPI thanks AG Bob Ferguson for asking courts to hold Tim Eyman in contempt

In the Courts

Today, Washington State Attorney General Bob Ferguson’s office announced it has filed motions in Snohomish and Thurston County Superior Court asking that Tim Eyman and his associates be found in contempt for failing to fully cooperate with its investigation into Eyman’s serious alleged violations of Washington’s public disclosure laws.

In an attempt to put an end to Eyman’s stonewalling, Ferguson is seeking fines of $2,000 a day and authorization to obtain documents directly from the federal government and the banks Eyman does business with.

“We applaud Attorney General Ferguson for going back to court to hold Tim Eyman accountable for his refusal to produce the records crucial to the completion of this important investigation,” said Northwest Progressive Institute founder and Executive Director Andrew Villeneuve, who has been organizing opposition to Eyman’s initiatives for over fourteen years.

“Many years ago, the people of Washington created the Public Disclosure Commission and our campaign finance reporting system in order to shine a light on money in politics. Sadly, Tim Eyman has been operating for years as though that law doesn’t apply to him.”

“Attorney General Ferguson and our state attorneys have been patiently waiting for Tim Eyman to turn over the documents they need to uncover the truth for months, but they have been waiting in vain. It has become abundantly clear that Eyman has no intention of cooperating — presumably because he’s afraid of what the evidence will show once it has been produced. As our Attorney General has said, that’s simply unacceptable.”

“We believe the relief being sought in this contempt motion is proper and appropriate, and we hope it is swiftly granted, so that justice can be served, and the essential facts needed to resolve this case brought to light.”

NPI welcomes Judge Ellen Fair’s order requiring Tim Eyman’s cooperation with AG Ferguson’s investigation

In the Courts

Notoriously dishonest initiative promoter Tim Eyman must turn over tax returns, bank statements, and other records requested by Attorney General Bob Ferguson’s office within the next two weeks, Snohomish County Court Judge Ellen Fair decided today, ordering that Eyman comply with Ferguson’s lawfully issued subpoenas.

Ferguson’s office has been seeking the records for months so it can investigate serious violations of Washington’s public disclosure laws uncovered during a multiyear Public Disclosure Commission investigation of Eyman’s finances, which was referred to Ferguson’s office last autumn.

Ferguson’s probe has been stalled due to a lack of cooperation by Eyman and his associates, which prompted the filing of petitions in Snohomish and Thurston Superior Courts. At the time those petitions were filed, NPI called on Eyman to stop stonewalling and comply with the Attorney General’s subpoenas.

That has still not happened (Eyman’s attorney Mark Lamb’s response to the petitions was to declare that he was “happy to litigate” the issue), but hopefully it will very soon now that Judge Fair has issued her order.

“We welcome this important development and thank Attorney General Ferguson for going to court to hold Tim Eyman accountable and get this investigation moving,” said Northwest Progressive Institute founder and Executive Director Andrew Villeneuve, who has been organizing opposition to Eyman initiatives for more than fourteen years.

“Tim Eyman has operated for years as though the law simply doesn’t apply to him. He has pretended to be interested in cooperating with this investigation while stalling, obfuscating, and delaying at every turn. Enough! It’s time for the stonewalling to end. We hope that Judge Fair got Eyman’s attention today when she ordered him to pay the State of Washington for the costs of bringing this action. It’s about time Tim Eyman started paying a price for repeatedly wasting the people’s time and money.”

NPI applauds Attorney General Bob Ferguson for going to court to put an end to Tim Eyman’s stonewalling

In the Courts

Following Attorney General Bob Ferguon’s announcement today that his office has filed motions in Snohomish and Thurston Superior Court to enforce subpoenas issued as part of the state’s investigation into Tim Eyman’s egregious violations of Washiington’s public disclosure laws, the Northwest Progressive Institute called on Eyman and his associates to stop stonewalling and cooperate fully with investigators.

“We commend Attorney General Ferguson for going to court to compel Tim Eyman to turn over the records needed to investigate the illegal concealment uncovered by the Public Disclosure Commission during its investigation into the 2012 I-517 and I-1185 campaigns,” said NPI founder and Executive Director Andrew Villeneuve.

“Today’s court filings make it plainly clear that Tim Eyman has been incredibly uncooperative with the Attorney General’s investigation since it began last autumn. He has refused to turn over documentation that would reveal what really happened. What little he has produced has been heavily redacted, suggesting he and is attorney are trying to drag this out as long as possible, and increase the cost of the investigation to taxpayers.”

“This stonewalling is completely unacceptable, and it needs to end immediately.”

“If Eyman expects to be exonerated, as his attorney Mark Lamb has previously said, then why is he refusing to cooperate with the state’s investigation? We can only conclude that it is because the evidence will show that Eyman is guilty of the charges against him, and Eyman wants to put off his day of reckoning for as long as possible. But that day is coming, and Eyman can’t stop it.”

Earlier today, in a related development, the Public Disclosure Commission (PDC) notified Washingtonians For Ethical Government (WFEG) that it has opened an investigation into its allegations that Tim Eyman again broke the law by failing to report the launch of an April 2016 independent expenditure against several dozen Democratic state legislators, and for failing to include required disclosures in the ads produced as part of the expenditure.

WFEG notified Attorney General Bob Ferguson and Prosecuting Attorney Dan Satterberg on May 25th in a forty-five day notice letter that it would bring a citizens’ action against Eyman in Superior Court if the state did not take action against Eyman. On June 7th, 2016, the Attorney General referred the matter to the PDC for review. The PDC has now opened an investigation into the allegations and assigned a case number — 5729.

“We are pleased to hear that the PDC is investigating Eyman’s most recent public disclosure law violations,” said Villeneuve, who serves as a boardmember of Washingtonians For Ethical Government. “Tim Eyman is a serial offender who needs to be held accountable. He has been given plenty of opportunities to clean up his act, and he has failed to do so. He should be penalized to the maximum extent the law allows for these violations, as well as his previous violations.”

Supreme Court affirms ruling that Tim Eyman’s I-1366 is unconstitutional in its entirety

In the Courts

This morning, the Washington State Supreme Court ruled unanimously that Tim Eyman’s I-1366 is unconstitutional, affirming King County Superior Court Judge William Downing’s January ruling striking down the initiative as null and void in its entirety. Six justices signed the majority opinion, authored by Chief Justice Barbara Madsen, while the remaining three justices signed a concurring opinion authored by Associate Justice Steven González.

No further appeal is possible, so today’s verdict means that I-1366 is dead.

I-1366, narrowly approved by a fewer than twenty percent of the state’s registered voters last November, attempted to coerce legislators into passing a constitutional amendment to permanently require a two-thirds vote to raise revenue.

In the event lawmakers refused to vote for Eyman’s desired amendment by April 15th, 2016, the sales tax would have been cut by about 15%, depriving Washington’s public services of a whopping $8 billion over six years.

However, I-1366’s sales tax cut was never implemented because the initiative was found to be unconstitutional by Judge Downing. With that decision now affirmed, I-1366 is no longer a threat to Washington’s people or future.

“We are elated by today’s ruling,” said Northwest Progressive Institute founder and Executive Director Andrew Villeneuve, who has been organizing opposition to Tim Eyman initiatives for more than fourteen years.

“This is truly a great moment for our beloved state. Today, one of the most destructive Eyman initiatives of all time has been finally sent to the graveyard of Washington politics by a united Supreme Court. Our popularly-elected Justices stood up for us and upheld our Constitution, safeguarding our tradition of majority rule and putting a stop to Tim Eyman’s outrageous abuse of the initiative power.”

“All of us at NPI extend our deepest thanks to Paul Lawrence and the team at Pacifica Law Group that represented our courageous and dedicated friends Reuven Carlyle, David Frockt, Paul Bell, Eden Mack, Tony Lee, Angela Bartels, Jerry Reilly, and the League of Women Voters of Washington in this important case. They were outstanding, and they brought the best case we believe could possibly have been brought against this awful initiative, all but guaranteeing it would be thrown out.”

“We look forward to celebrating this victory with our tireless supporters, who have kept us going through thick and thin.”

An updated version of Tim Eyman’s Failure Chart, documenting the long list of Eyman initiatives that have either failed to make the ballot, been defeated by voters, or struck down as unconstitutional may be viewed here.

Statement on Judge Downing’s decision in Lee v. State

In the Courts

This morning, King County Judge William Downing ruled that Tim Eyman’s Initiative 1366 is void in its entirety because it violates multiple provisions of the Washington State Constitution.

Northwest Progressive Institute and Permanent Defense founder Andrew Villeneuve released the following statement in response to the decision.

“We’re thrilled with today’s decision by Judge Downing striking down Tim Eyman’s unconstitutional I-1366,” said Villeneuve. “Judge Downing correctly concluded that I-1366 could not stand because it violates Articles II and XXIII of our Constitution, as we have said all along. Our courts have a responsibility to protect our plan of government from destructive, malicious schemes like Initiative 1366. This decision is a landmark victory for majority rule and for the rule of law.”

“We extend our profound thanks to Paul Lawrence at the team at Pacifica Law Group for ably representing plaintiffs Tony Lee, Angela Bartels, Eden Mack, Reuven Carlyle, David Frockt, Paul Bell, Jerry Reilly, and the League of Women Voters in this case.”

“The legal challenge against Initiative 1366 isn’t over yet. We expect the state and sponsors to appeal this ruling immediately to the Washington State Supreme Court. We are confident that Judge Downing’s well-reasoned decision will be upheld on appeal by the nine justices of our highest court.”

Bravado won’t stop Tim Eyman’s I-1366 from being struck down as unconstitutional

In the Courts

This morning, King County Superior Court Judge William Downing heard oral arguments in Tony Lee, et al. v. State of Washington, et al., the legal challenge to Tim Eyman’s Initiative 1366. I-1366 is Eyman’s most recent and most destructive initiative yet; it was narrowly passed by voters in last November’s general election, which set a record for the lowest general election turnout (38.45%) since the state began its voter registration system in the 1930s.

I-1366 is an outrageous attempt to coerce the Legislature into sabotaging Washington’s tradition of passing bills and budgets by majority rule. It would wipe out $8 billion in sales tax revenue over the next six years unless the Legislature capitulates to Eyman’s wishes and passes a constitutional amendment requiring a two-thirds vote to raise or recover any revenue going forward, which would have the effect of locking Washington’s broken, regressive tax system into place permanently.

In late November, at the time the 2015 general election was certified, I-1366 was challenged in court by the League of Women Voters of Washington, State Senators Reuven Carlyle and David Frockt, Paramount Duty co-organizer Eden Mack, Gerry Reilly, Paul Bell, Tony Lee, and Angela Bartels. Plaintiffs allege that I-1366 is unconstitutional because it contains multiple subjects, runs afoul of the Constitution’s amendment process, exceeds the scope of the people’s initiative power, and improperly restricts the lawmaking power of the 2016 Legislature.

“We strongly agree with the plaintiffs in Lee v. State that Tim Eyman’s I-1366 egregiously violates our plan of government, which has served us well since statehood,” said Northwest Progressive Institute and Permanent Defense founder Andrew Villeneuve, who has been organizing opposition to Tim Eyman’s initiative factory for nearly fourteen years.

“Our state’s founders did their best to come up with a plan of government for Washington that struck a balance between majority rule with minority rights. Sadly, Tim Eyman is so obsessed with upsetting this balance that he has resorted to extortion. He has a knack for crafting deceptive initiatives that self-mask their harm, which makes mounting opposition campaigns in the court of public opinion very difficult. We worked hard against I-1366 last autumn, and while we weren’t able to defeat it then, we were successful in bolstering the no vote in the late ballots.”

“We’re very grateful to Paul Lawrence, Sarah Washburn, and Kymberly Evanson at Pacifica Law Group for taking on this case and carrying on the fight against this awful initiative. Paul was very impressive and on point during oral arguments in court this morning. He thoroughly refuted the defendants’ disingenuous arguments.”

“Tim Eyman’s incessant boasting and continued predictions of total victory have us wondering if he was at at the same hearing that we were. Bravado isn’t going to stop I-1366 from being struck down as unconstitutional.”

“We’re looking forward to reading Judge Downing’s ruling on Thursday. Regardless of what it says, we will continue to fight to uphold our Constitution and our cherished plan of majority rule, so that our state government continues to function the way our founders intended it to.”

Statement on Supreme Court’s ruling in Huff v. Wyman

In the CourtsStatements & AdvisoriesThreat Analysis

Late this morning, the Supreme Court released its ruling in Huff v. Wyman, the preelection legal challenge to Tim Eyman’s I-1366, which sought I-1366’s removal from the November 2015 general election ballot on the basis that 1366 was beyond the scope of the people’s initiative power. The Court decided on September 4th, 2015, that plaintiffs, led by King County Elections Director Sherril Huff and Thurston County Auditor Mary Hall, had not made the clear showing necessary for injunctive relief, but retained the case for a later ruling on the merits. That explanatory ruling was released today.

“We thank the Supreme Court for the timely decision it released today explaining why it did not grant an injunction removing Tim Eyman’s I-1366 from the ballot last summer,” said Northwest Progressive Institute founder and executive director Andrew Villeneuve, who has been organizing opposition to Eyman’s initiatives since February of 2002.

“We agree with King County Superior Court Judge Dean Lum that the fundamental and overriding purpose of I-1366 is to coerce the Legislature, and particularly Democratic lawmakers, into invoking the constitutional amendment process spelled out in Article XXIII, something that an initiative simply cannot do.”

“Today’s ruling from the Supreme Court did not definitively answer the question of whether I-1366 is beyond the scope of the initiative power. We believe this is a question that needs to be answered, and we hope it will be addressed in the forthcoming postelection legal challenge. As we said on Election Night, we remain committed to defeating this incredibly destructive hostage-taking initiative, so that our state’s public services and tradition of majority rule are protected. We will be fully supporting the new challenge to I-1366 that will be filed in the days to come. We urge the courts to swiftly take up this matter and uphold our state Constitution by striking down Tim Eyman’s I-1366 in its entirety.”

Statement on the Supreme Court’s order in Huff v. Wyman

Eye on Money: DevelopmentsFrom the Campaign TrailIn the Courts

This morning, the Washington State Supreme Court rendered a preliminary verdict in Huff v. Wyman, the scope challenge to Tim Eyman’s I-1366. The Court has ruled unanimously that plaintiffs’ request for an injunction should be denied, which we understand means that I-1366 will appear on the November 2015 ballot.

“While we are disappointed in this order, this outcome was not unexpected, and we have continued all summer to lay the groundwork needed for an autumn campaign in partnership with NO on I-1366 coalition staff,” said Northwest Progressive Institute founder Andrew Villeneuve, who posted a first read of the Court’s order to NPI’s principal publication, the Cascadia Advocate.

(The Cascadia Advocate is a sister project of Permanent Defense).

“I-1366 is the most destructive initiative Tim Eyman has ever proposed,” Villeneuve said. “It would wipe out $8 billion in sales tax revenue over six years unless the Legislature agrees to a constitutional change that would sabotage the Constitution’s majority vote requirement for passage of bills — which dates back to statehood.”

“I-1366 represents an attempt by Tim Eyman to blackmail a significant number of our state’s lawmakers into voting against their values by taking Washington’s youth as hostages. I-1366 is an outrageous abuse of the people’s initiative power, and we are committed to mounting a strong campaign to defeat it in November. We’re ready to bring Washingtonians together to uphold our Constitution and protect the values our state was founded on.”

The growing coalition against I-1366 now includes AARP Washington State, OneAmerica Votes, the Mainstream Republicans of Washington, Washington State Democratic Party, League of Women Voters of Washington, NAMI Washington, and dozens more. An updated list is available from the NO on I-1366 coalition.

In a separate development, Jerry Cornfield of The Herald reported last night that state attorneys have filed a motion in Snohomish County Superior Court seeking to compel Eyman to cooperate with the Public Disclosure Commission’s stalled, long-running investigation into Eyman’s I-517, the 2013 “initiative on initiatives” that Washington voters overwhelmingly defeated. The investigation stems from a complaint filed by activist Sherry Bockwinkel in August of 2012.

“We are pleased to see that Attorney General Bob Ferguson’s office is assisting the PDC with its investigation into Tim Eyman and his associates’ wrongdoing,” said Villeneuve. “This complaint is over three years old and should have been resolved long ago, but it’s evident that Tim Eyman and his associates have not been fully cooperating with investigators — despite what they told The Herald. Eyman has a long history of flouting our public disclosure law. It heartens us to see that the PDC hasn’t given up on this case and is pursuing it with the help of our state attorneys. We look forward to seeing the investigation completed.”

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