The other day the King County Bar Association clarified its “not qualified” rating for judicial hopeful, perennial candidate and HA regular Richard Pope. Some have suggested that the KCBA has some sort of bias against right-wing candidates, but association President John Ruhl insists that they took this unusual step because Richard is, well… unusual unqualified.
The basis for Richard’s extremely low rating (you can’t get any lower without losing your license) is “unprofessional conduct” in four court cases where Richard was sanctioned and/or fined for missing filing dates, frivolous motions and other court delays. So as a public service, I thought I’d publish a few of Richard’s Greatest Hits Misses, culled from the court records, so that you’d all get a feel for what Richard does for a living when he’s not commenting in the threads here or on (un)Sound Politics. (Names and addresses have been excised, and the emphasis is always mine.)
In this first case, Richard is appealing an anti-harassment order the ex-wife of a client had obtained against Richard. The Court refused to hear the appeal as moot because, um… the order had since expired.
Court of Appeals of Washington, Division 1.
Janet M., Respondent, v. Richard L. POPE, Jr., Appellant.
Nos. 36277-1-I, 39470-3-I.March 31, 1997.
*1 Richard Pope appeals from the district court’s renewal of the anti-harassment order issued to Janet M. He argues that the district court applied the wrong standard for renewal and that it did not have jurisdiction to renew the order. [FN1] We decline to reach the merits of Mr. Pope’s issues and dismiss his appeal as moot because the order has expired and we can provide no relief. In addition, although we recognize that the order may be renewed again, we do not believe that the appeals raise any issues of substantial public interest which require review even though they are moot.
That must have been quite a divorce, and from the looks of it Richard’s client got the worst of it. Could it have been due to bad representation? These next two are from the underlying divorce case, in which Richard was representing the husband.
Court of Appeals of Washington, Division 1.
In re: Janet M, Respondent/Cross-Appellant, v. John H., Appellant/Cross-Respondent.
No. 37870-8-I.Sept. 2, 1997.
Counsel for Appellant(s) Richard L. Pope Jr.,
…
We note that John H failed to pay for some of the clerk’s papers he designated in time for their transmission to this court prior to oral argument. Indeed, payment was forthcoming only after repeated notifications from this court. As a result, the papers were not filed in this court until after oral argument, thus preventing our review of some of the issues raised in preparation for oral argument. The unacceptable delay in perfecting the record is an egregious violation of the Rules of Appellate Procedure and is entirely attributable to John H and/or his counsel. See RAP 9.7. To consider these late papers would be to ignore the legitimate purposes of the rule and to reward dilatory conduct. Accordingly, we will not consider the late-filed papers and will resolve issues requiring reference to these papers against John H.
…
We grant Janet M’s motion for sanctions pursuant to RAP 18.9(a) based upon the conduct of John H’s counsel during the pendency of this appeal. As discussed, this court’s review of some of the issues raised in this appeal prior to oral argument was precluded due to counsel’s failure to pay for a part of the clerk’s papers he designated almost 12 months earlier. After several inquiries from this court, and dunning letters from the superior court clerk, counsel finally paid for the papers and they were filed with this court two days after oral argument. As a result, we were unable to review issues raised in the briefs. Because we resolve those issues against John H, we do not impose any additional sanction for that violation.
*7 Many other violations occurred, however. At each step of the appellate process, John H failed to comply with the time limits of the rules, resulting in significant delay. He failed to timely file the statement of arrangements, the report of proceedings, his opening brief, and his reply brief. Despite frequent notices from the court, numerous motions by Janet M and at least three hearings, John H almost never complied with any deadline set by the court unless notified that failure to do so would result in automatic dismissal without further notice. For example, upon John H’s request, he was granted an extension until March 17, 1997 to file his reply/cross-respondent’s brief. The commissioner’s ruling specifically stated that no further extensions would be granted, and reserved for the panel Janet M’s motion for sanctions. In complete disregard of this order, John H did not file his brief until April 24, 1997. Another commissioner imposed modest sanctions (totaling $500) for the late filing of the reply brief. Additional sanctions pursuant to RAP 18.9 are warranted here.
…
We impose sanctions pursuant to RAP 18.9 in the amount of $1,500 against John H and his counsel, jointly and severally, payable to Janet M.
Man… this case didn’t go very well for Richard and his client. So of course, Richard appeals. That’s when the judge really lays into him.
Court of Appeals of Washington, Division 1.
IN RE THE MARRIAGE of: Janet M, Appellant, and John H, Respondent.
No. 42755-5-I.Aug. 16, 1999.
Richard L. Pope Jr., Seattle, WA, for Respondent(s).
…
This is the third appeal in a case between former spouses Janet M and John H regarding child support modification. Each appeal has been marked by delays, endless motions, and failure to comply with court rulings. John H and his attorney Richard Pope failed for some 20 months to pay sanctions awarded jointly and severally against them in the first appeal. [FN1] Due to this failure, John H’s separate appeal from the decision on remand and his cross appeal in this matter were dismissed.
FN1. After oral argument on this case, attorney Richard Pope was ordered to appear before this court on April 6, 1999 to show cause why he should not be precluded from further participation in any appeal or proceeding before Division One of the Washington State Court of Appeals for failure to pay sanctions imposed in this case and another. At that appearance, Pope provided proof that the above sanctions had been fully paid by that date and on April 23, 1999 this court ordered that no further action is required as to the sanctions.
…
Even if Janet M. received appropriate notice of the claim and failed to object or follow through in the bankruptcy court, as is claimed by John H, his attorney Richard Pope remained liable for the sanctions. The order of this court was for a judgment against John H and Pope, jointly and severally. A discharge of John H in bankruptcy does not serve to release Pope from the obligation.
We impose additional sanctions pursuant to RAP 18.9 in the amount of $1,500 against John H and his counsel, jointly and severally, payable to Janet M., for their flagrant disregard of this court’s previous order to pay sanctions. This amount shall be reduced to judgment by the superior court immediately upon mandate of this opinion, with interest to accrue at the statutory amount. Failure to pay the amount within 30 days thereafter may result in additional sanctions.
At this point some of you might argue that continuing to cite Richard’s court record would be frivolous. But since Richard has been sanctioned himself for making frivolous claims, it only seems fair.
Court of Appeals of Washington, Division 1.
Richard K and Nancy K, Appellants, v. Tip R; Lora R; Michael N; and Kameron C., Respondents.
and Richard L. Pope, Jr., Appellant.
Nos. 42001-1-I, 42245-6-I.Aug. 16, 1999.
We affirm the court’s award of sanctions against Richard Pope as it relates to two of the K’s three claims but remand for redetermination the amount of the award in light of this opinion.
Apparently, Richard has learned from the best. In this case, the trial judge was Jeanette Burrage. Yikes. She awarded sanctions and the court of appeals added to them for a frivolous appeal.
Court of Appeals of Washington, Division 1.
AUBURN CHEVROLET, INC., a Washington corporation, Respondent, v. Scot K and ‘Jane Doe’ K, Appellant.
No. 46924-0-I.Nov. 5, 2001.
Appeal from Superior Court of King County, Docket No. 99-2-15604-8, judgment or order under review, date filed 06/09/2000; Jeanette Burrage, Judge.
Richard L. Pope Jr., Seattle, WA, for appellant(s).
Auburn Chevrolet obtained a money judgment against ‘Scot Kuchta Columbia Landscape’ for payment on a contract. That judgment was not appealed. The trial court entered an order confirming a sheriff’s sale of equipment owned by Columbia Landscape Services, LLC (Columbia) to satisfy that judgment. Columbia appeals, arguing that its assets were improperly seized and it was not liable on the judgment because it was not properly named. Orders shortening time and sanctions imposed by the trial court are also challenged. Finding no error, we affirm and award attorney fees to Auburn Chevrolet for defending a frivolous appeal.
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Although the trial court denied that motion, it entered findings explaining that it imposed sanctions because Columbia engaged in ‘inappropriate and improper conduct’ and acted in bad faith.
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Columbia appeals the trial court’s refusal to impose sanctions against Auburn Chevrolet, its imposition of $3,200 in sanctions against Columbia, and its denial of Columbia’s motion for reconsideration. The trial court explained that it imposed sanctions against Columbia because it engaged in ‘inappropriate and improper conduct’ and acted in bad faith throughout the litigation process.
…
Auburn Chevrolet requests an award of attorney fees for defending against a frivolous appeal. ‘The appellate court on its own initiative or on motion of a party may order a party … who … files a frivolous appeal … to pay terms or compensatory damages to any other party who has been harmed{.}’ RAP 18.9(a). ‘An appeal is frivolous if, considering the entire record, it has so little merit that there is no reasonable possibility of reversal and reasonable minds could not differ about the issues raised.’ Johnson v. Mermis, 91 Wn.App. 127, 137, 955 P.2d 826 (1998) (footnote omitted).
*5 In this case, the trial court properly permitted Auburn Chevrolet to satisfy an unappealed judgment. In this appeal, Columbia continues its attempt to avoid enforcement of that judgment by arguing that it was not a party to it. This argument is without merit. Indeed, Columbia presented no valid basis to challenge the order confirming the sheriff’s sale of its equipment. Columbia also did not establish prejudice from the trial court’s orders shortening time. Further, there is no indication that the trial court abused its discretion by denying Columbia’s motion for sanctions or by imposing sanctions on Columbia. Because Columbia’s arguments have so little merit that there is no reasonable possibility of reversal, this appeal is frivolous. We therefore award attorney fees to Auburn Chevrolet and refer this matter to a commissioner of this court to determine the proper amount of fees following Auburn Chevrolet’s compliance with RAP 18.1. Affirmed.
Well, with a stellar track record like that, no wonder Richard has recently attracted such high profile clients as the Popular Assembly of Sovereign Kazens. Way to go Richard.
To be honest, I feel a little bad posting Richard’s court records like this. I kinda like Richard. Sorta. Sure, he’s more than a touch nutty and can display a helluva a mean streak, but he’s one of the few righties here who seems willing to mitigate his beliefs with facts, and in his more lucid moments makes welcome contributions to the comment threads.
In fact, I like him so much that I not only endorsed him for Port Commissioner (sorta), I actually hesitated to publish these documents, which were forwarded to me months ago. But he is running for district court, and he is judged by his peers to be “not qualified”… and considering Richard’s own penchant for using his access to court records to dig up dirt on other people (you can be sure you’d have already seen my court record if I had one) I guess it’s only fair to do the same to him.
In his defense, as Richard explains in a 2005 court document, he’s had to deal with some tough personal crises over the past couple years, and I genuinely hope everything works out for him and his family. Reading the sad details it’s no wonder…
“Frankly, counsel thinks that his own mental health situation is terrible, although he hopes most of it is situationally derived, rather than long term.”
Personally, I wish Richard the best. I just wouldn’t want to be arguing a case before him.