By Marty Hayes J.D.
This month’s message will cover the fight against the WA Insurance Commissioner. We have now finished the “administrative remedies” section of our fight. You see, when the Office of Insurance Commissioner decided to come after us, we had no real option other than follow WA law on how to contest an administrative action. That means before we could get our case in front of an independent, fair-minded judge, we had to jump through hoops appealing the Cease and Desist Order to the Insurance Commissioner. In real terms, basically we had to legally request that the Insurance Commissioner change his mind about his decision that we were selling insurance. Making that legal request has so far cost us over $60,000 (offset by $11,000 in donations for the legal fight–THANK YOU SO MUCH!). The good news is that we are finally able to start making our case to a superior court judge and we have done just that, filing a “Petition For Judicial Review” in Lewis County Superior Court. That filing is public record, but unfortunately, those public records are not available online.
Now, having said that, what IS online is the whole record of our fight with the Insurance Commissioner at their website. The link to the Network action is https://www.insurance.wa.gov/hearings/armed-citizens-legal-defense-network-inc . For anyone wanting to review the record, I would recommend starting at the earliest date and reading chronologically. When reading the documents, remember that there are two sides. The first side is the Network, ably represented by attorney Spencer Freeman. The second side is the WA Office of Insurance Commissioner, represented by both their in-house attorney Sofia Pasarow and OIC employee Presiding Officer Julia Eisentrout. That’s right, Insurance Commissioner Mike Kreidler appoints the attorney he wants to hear the appeal to the OIC. Early on, we attempted to get an independent, Administrative Law Judge appointed to hear the case, but Ms. Eisentrout turned us down. I see that as water under the bridge.
I will discuss with our attorney whether or not we should release the legal filings for this new development, and that would likely be done through the eJournal. I will have an answer for you next month. This next chapter in the fight will likely take several months, if not all year. PLEASE do not be concerned if I do not discuss the issue in the next few President’s Messages. Sometimes prudence suggests (or requires) that I not comment on pending legal matters. So, if you don’t hear from me about the fight, that is likely the reason. For now, please read the press release I have posted on our web site home page. It explains the issue in language that everyone can understand, even journalists!
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We also might be looking for some assistance in each state to do some basic legal research on the issues in the case. If we decide to go this route, we will contact our Network Affiliated Attorneys through e-mail.
Marty becomes a YouTube sensation!
Isn’t that what one is supposed to do these days, hype the stuffing out of yourself on social media? Okay, I admit that I am not a YouTube sensation, just a guy with a law degree beginning to discuss legal issues so all the new gun owners can get some reliable, reasonable legal education regarding their new-found ability to protect themselves in the wake of the social violence. Trust me, the civil unrest is not over. Interest in these topics will remain strong.
If you want to view the videos we have put on YouTube so far, just search “Armed Citizens Legal Defense Network” and they should pop right up. You will also see other similar videos done on the whole subject of armed citizens, and there is some pretty good information out there.
To read more of this month's journal, please click here.