Ms. Felice Congalton Associate Director WSBA Office of Disciplinary Counsel 1325 Fourth Ave #600 Seattle, WA April 9, Dear Ms Congalton:

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1 Ms. Felice Congalton Associate Director WSBA Office of Disciplinary Counsel 1325 Fourth Ave #600 Seattle, WA April 9, 2012 Dear Ms Congalton: REGARDING: This letter concerns Grievance # (Jeffrey Downer) and is my reply to the response from this attorney. Mr. Downer s reply of April 4, 2012, was provided to me on April 4, 2012 via . I was then given until April 18, 2012, (14 days from April 4) to prepare this response. Furthermore, I protest your, Ms. Congalton, involvement in this matter for reasons that are argued in grievance Grievance essentially proves that you, Ms. Congalton, and the WSBA are corrupt. Mr. Downer as a WSBA member who has been molded by the WSBA to behave as he claims he is entitled to behave. Mr. Downer s conduct cannot be judged repugnant to a civilized society by the WSBA unless the WSBA (A.K.A., lawyers, judges, conflicts officers, review committees ) implicates itself of creating attorneys who act in a repugnant fashion in what ever functional capacity they perform. GENERALLY: Mr. Downer s response that he as not suborned perjury is completely unsupported by the evidence. Mr. Downer s argument that Ms. Retallack is not Scheidler s attorney is based upon a false view of the law RCW , a corrupt view of the Rules of Professional Conduct, and a corrupt view of the facts. Mr. Downer s arguments are deceitful and are further examples of conduct utterly repugnant to a civilized society. 1

2 Mr. Downer s response implicates other attorneys who violated the law and their ethical rules of conduct. Those other attorneys are Mr. Ellerby (Bar # 16277), Mr. Mills (Bar # 6129), Mr. Mosner (Bar # 9566), Ms. Noble (Bar # 12390), Ms. Retallack (Bar # 40871), and Ms. Clark (Bar # 21231). Note: Mr. Ellerby was the subject of a grievance, # , that was dismissed in the Bar s customary fashion and under fraudulent tactics by the WSBA s conflict officer Mr. Mosner. I request this grievance be reopened. See Exhibit 1 COUNTER ARGUMENT BASED UPON THE FACTUAL RECORD 1. Mr. Ellerby s Notice of Withdrawal (included with grievance, and attached as Exhibit 2) that states unambiguously that, effective immediately, the undersigned attorney, Scott M. Ellerby, hereby withdraws as counsel for appellants at the request of the Kitsap County Posecutor s Office based on the allegation of Conflict of Interest Is this statement by Ellerby the TRUTH? Mr. Downer does not address this document or what this document states. Rather Mr. Downer implies that it was well known that the conflict raised by Kitsap County was a sham perpetrated by the County Prosecutor s office. If that is the truth that everyone knew the conflict was a shame, why did Ellerby withdraw? Why did Ellerby cite on his Notice of Withdrawal at the request of the Kitsap County Posecutor s Office based on the allegation of Conflict of Interest? Why didn t Ellerby report this sham to the Bar? And most curious, why did Ellerby change his excuse in 2008 in which he blamed Scheidler for his withdrawal? Why didn t Ellerby, in 2008, simply say what his Notice states and Mr. Downer claims everyone knew why didn t Ellerby say that he withdrew because of Kitsap county s sham and he was forced to withdraw? How is Ellerby s withdrawal and Downer s explanation both consistent with Ellerby s Notice of withdrawal and his declaration (referenced below) in which he blamed Scheidler and not Kitsap County? The fact is Downer s explanation is a lie. Any reasonable person would recognize it is a lie. Downer views lies as a difference of opinion, this is a corrupt individual and should be disbarred for the good of society. 2

3 2. Mr. Ellerby s Letter to Cassandra Noble (included with grievance, and attached as Exhibit 3) that states unambiguously that, Although we originally concluded, and still believe, that no conflicts of interest exist requiring our withdrawal pursuant to RPC 1.9, we ask that Kitsap County waive any arguable conflicts of interest to allow our continued representation of the Scheidlers. Is this letter by Ellerby about a TRUTHFUL issue? Mr. Downer does not address this document or what this document states. Rather Mr. Downer implies that it was well known that the conflict was a sham of the Prosecutor s office. Which is implied by Ellerby s letter. If that is the truth, why didn t Cassandra Noble waive her conflict charge? Why did Ellerby withdraw? Why didn t Ellerby report this sham to the Bar? Why did Ellerby write this letter to Cassandra Noble? Why did Ellerby defer his continued representation to Kitsap County s waiver of its conflict allegation this sham? In other words, why did Ellerby ask Kitsap to retract its sham allegations so he could continue his representation of me? Furthermore, why did Ellerby change his excuse in 2008 in which he blamed Scheidler? And most curious, why didn t Ellerby, in 2008, simply say what this document says? How is Ellerby s withdrawal and Downer s explanation both consistent with Ellerby s Notice of withdrawal, his letter to Cassandra Noble and his declaration (referenced below) in which he blamed Scheidler and not Kitsap county. The fact is Downer s explanation is a lie. Any reasonable person would recognize it is a lie and Downer is a corrupt individual and should be disbarred for the good of society. 3. Mr. Ellerby s Memo to Scheidler (included with grievance, and attached as Exhibit 4) that states unambiguously that, if the County does not respond to my letter or waive the conflict I will be forced to withdraw. Is this memo by Ellerby the TRUTH? Mr. Downer does not address this document or what this document states. Rather Mr. Downer implies that it was well known that the conflict was a sham of the Prosecutor s office. If that is the truth, why did Ellerby state he would be forced to withdraw if the County does not respond or waive the conflict? Why didn t Ellerby report this sham to the Bar? Why did Ellerby write this 3

4 memo to us, saying the things he said? And most curious, why did Ellerby change his excuse in 2008 in which he blamed Scheidler, not Kitsap County for his withdrawal? Why didn t Ellerby, in 2008, simply say what this document says he withdrew because Kitsap asked him to withdraw and they didn t waive the conflict? How is Ellerby s withdrawal and Downer s explanation both consistent with Ellerby s Notice of withdrawal, his letter to Cassandra Noble, his memo to me, and his declaration (referenced below) in which he blamed Scheidler and not Kitsap county. The fact is Downer s explanation is a lie. Any reasonable person would recognize it is a lie and Downer is a corrupt individual and should be disbarred for the good of society. 4. Mr. Mills to Scheidler (included with grievance, and attached as Exhibit 5) that states unambiguously that, I have investigated your allegations of a breach of ethics or professional malpractice against our law firm and specifically Mr. Ellerby and I find no factual bases for you contentions.mr. Ellerby never declined to represent you and was never disqualified from representing you because of Kitsap County s suggestion that Mr. Ellerby and our firm may have a conflict of interest Is Mr. Mills telling the TRUTH? Mr. Downer does not address this document or what this document states. Rather Mr. Downer implies that it was well known that the conflict was a sham of the Prosecutor s office. If that is the truth, why didn t Mr. Mills state what Downer claims as the facts? Why didn t Mr. Mills, who investigated my allegations, state Ellerby withdrew because Kitsap county raised a sham charge of conflict of interest? If Ellerby withdrew because of a sham allegation, why did Mr. Mills cover up that fact with his phony reply? The fact is Downer s explanation is a lie. Or Mills is a liar. Downer cannot fit all the facts into his claims Downer is a fraud and his tactics are based in lies. Any reasonable person would recognize it is a lie. Downer is a corrupt individual and should be disbarred for the good of society. 5. Ellerby s letter to the WSBA (included with grievance, and attached as Exhibit 6) that states unambiguously that, He and his wife decided that it was not economically feasible to pay the cost of my attending the tax appeal hearing in Olympia 4

5 Is Ellerby telling the TRUTH to the Bar? Mr. Downer does not address this document or what this document states. Assume for the sake of argument that we decided at the last moment that we did not want to pay Ellerby to attend the hearing for which we hired him to attend. Assume Ellerby never submitted his Notice of Withdrawal, assume the memo was never written, assume Ellerby never wrote to Cassandra Noble how do you explain his withdrawal? Mr. Downer implies that it was well known that the conflict was a sham of the Prosecutor s office. But how does all of this explain Ellerby s Notice of withdrawal before he was to attend the hearing in Olympia why make up an excuse for not attending a hearing which was to occur beyond the date of his withdrawal? The truth is Ellerby is a liar. His letter to Cassandra Noble, his memo to me, Mr. Mills to me, and Ellerby s letter to the WSBA which one is the truth? The fact is Downer cannot incorporate all the facts into his argument and for this reason doesn t address these facts. This tactic of Downer proves he is a corrupt individual and should be disbarred for the good of society. 6. Mr. Mosner, who was WSBA s conflict review officer in my grievance against Ellerby, # , explicitly stated in his Initial Letter to Grievant, (attached as Exhibit 7) I am involved because the person against whom you have filed your grievance is affiliated with Washington State Supreme Court, or the Association itself There should be no communication with me during the time of my investigation Did Mr. Mosner LIE to me when he stated that I could not communicate with him during his investigation of Ellerby? ELC 5.1 says I have a right to discuss my grievance with the person to which it is assigned. How does the WSBA reconcile Mr. Mosner s explicit instructions to me in light of the ELC --- a difference of opinion? In fact the WSBA is corrupt and behaves in like manor so as to shield the members of the WSBA from allegations of corruption. 7. Ellerby s declarations at least three, filed in Superior Court (included with grievance, and attached as Exhibit 8) that states unambiguously at #2, that, 5

6 I represented the plaintiff from May through November 1998, when I voluntarily withdrew from representation at the plaintiff s request. Is Ellerby telling the TRUTH to the Judge? Mr. Downer does not address this document or what this document states. If Ellerby withdrew because of a sham allegation by the Kitsap Prosecutor, why did Ellerby declare he withdrew at the request of the plaintiff? The fact is Downer s explanation is a lie. Downer cannot fit all the facts into his excuse Downer is a fraud and his tactics are based in lies and deception. Any reasonable person would recognize this fact. Downer is a corrupt individual and should be disbarred for the good of society. ARGUMENT The WA Supreme Court states IN RE STROH 97 Wn.2d 289, In sum, the legal system is virtually defenseless against the united forces of a corrupt attorney and a perjured witness. Thus, "For an attorney at law to actively procure or knowingly countenance the commission of perjury is utterly reprehensible." IN RE ALLEN, 52 Cal. 2d 762, 768, 344 P.2d 609 (1959). RPC 3.3(4)(a-f) and 3.4(a) re withholding/concealing evidence. The failure to make a duty-required disclosure in effect is a representation of the nonexistence of the matter which is not disclosed. Restatement of Torts 550, 551 (1938). Boonstra v. Stevens-Norton, Inc., 64 Wn.2d 621, 393 P.2d 287 (1964); Ikeda v. Curtis, 43 Wn.2d 449, 261 P.2d 684 JOHNSTON v. BENEFICIAL MANAGEMENT 85 Wn.2d 637, 538 P.2d 510 [July 1975] [6] SAME - DECEPTION CONSTITUTING - DECEPTIVE STATEMENTS - HALFTRUTHS. Fraudulent misrepresentations may be effected by half- truths calculated to deceive; and a representation literally true is actionable if used to create an impression substantially false. IKEDA v. CURTIS 43 Wn.2d RCW Oath on admission I will employ for the purpose of maintaining 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; Mr. Downer argues that he won summary judgement in Kitsap Superior Court and an award of $132,000. The problem is, as any reasonable person would find, Mr. Downer won using deceptive and unlawful tactics that are virtually undetectable as the Supreme Court warns IN RE STROH. Mr. Downer s court victory isn t a victory for justice, but is evidence of the cancer the WSBA has unleashed upon society. It will eventually spread 6

7 and destroy any remaining trust the public has in the courts. Mr. Downer s argument is in conflict with the above stated court precedents, laws and RPCs. RELIEF SOUGHT The WSBA precipitated the events that cause this issue to come full circle Once again Mr. Ellerby is implicated in dishonesty, deceit, and in conduct utterly repugnant to a civilized society. Along this path Mr. Ellerby enlisted Mr. Downer to do all the things Downer did in Superior Court to insure Ellerby would escape any notion that he would answer for his dishonesty. This package of corruption WSBA, Ellerby, Noble, Downer, Mosner, Retallack, Clark leaves no question that the BAR and its members are nothing but a criminal street gang which preys upon society, and it must be dissolved. And Scheidler should be made whole from 1998, because that was the date Scheidler was lied to as he learned in 2008 when he filed a grievance against Ellerby. Respectfully submitted on this April 9, 2012, and attest that the foregoing is true. William Scheidler, 7