Skip to main content
Michele Lynn Earl-Hubbard

Michele Earl-Hubbard’s Answers

6 total

  • Extending an appeal due date?

    Michele’s Answer

    I suggest you not miss the 30 day deadline. If this is an appeal from the Superior Court to the Washington State Court of Appeals or Washington State Supreme Court, a Notice of Appeal is a simple form, with all the Orders from the case you wish to appeal attached. You file in your trial court, and pay a filing fee. There is a form at http://www.courts.wa.gov/court_rules/pdf/RAP/APP_RAP_FORM1.pdf

    It is very hard to get an extension, and you have to ask before the deadline, and explain why you need one. (The Courts have created new rules because of COVID-19, but it is still best not to miss the 30 day deadline.) If this is not a Washington State Superior Court action, different rules will apply.

    As to your request for legal help, I see that you are in Spokane and are a low income student. You may want to try contacting the Spokane County Bar Association and legal clinics in law schools near you (like Gonzaga's) and see if they offer pro bono or low cost consultations on the area of law at issue in your case or referrals to lawyers in your area. You might also try Northwest Justice Project or Columbia Legal Services for a free or lower cost consultation. There are a lot of very good appellate lawyers in Washington State, but I understand the challenges of connecting with someone right now or knowing what expertise you need.

    See question 
  • Can I use a different email to communicate to my attorneys when am not trusting the using of the former one?

    Michele’s Answer

    I agree with the other responses. Call the attorney directly and change the method of communicating with him or her. It is not wise to involve a third party as that can void the privileged nature of the communications.

    See question 
  • Can cross-appellant file a reply as the appellant?

    Michele’s Answer

    If this is a Washington State appeal, under the Rules of Procedures, yes, cross-appellants typically are afforded a Reply unless the appellate court has said otherwise.
    RAP 10.1(c) reads:
    "(c) Reply Brief of Respondent. If the respondent is also seeking review, the respondent
    may file a brief in reply to the response the appellant or petitioner has made to the issues
    presented by respondent's review."
    You can read the appellate rules of procedures at http://www.courts.wa.gov/rules. From the list that comes up, select Rules on Appeal and then RAP (Rules of Appellate Procedure) and read RAP 10.1. A link is below.

    https://www.courts.wa.gov/court_rules/?fa=court_rules.display&group=app&set=RAP&ruleid=apprap10.01

    If this is a federal case, you will need to consult the federal court rules and local rules for the court where the appeal was filed.

    See question 
  • How to obtain court case docs sealed by Judge? (case - negligence - MVA, garnishment & injury) not criminal matter.

    Michele’s Answer

    I am assuming the lawsuit was in a Washington State Court for this answer. Article I, Section 10 of the Washington State Constitution mandates that court records are to be open and not sealed absent a specific sealing motion and order sealing. The sealing order should be publicly-filed and available. The case should not disappear from the docket. You, as a party to the case, still ought to be able to obtain some records in a sealed case. If you have the court name and then the case number or a party's name (yours) and year it was filed, you may be able to find the docket for the case at www.courts.wa.gov. Once you locate the court and case number, you can file a motion to unseal with the court that sealed it. You may also want to contact the Attorney General's Ombudsman Nancy Krier for assistance or contact the Presiding Judge for the court to alert him or her to the problem. With very few exceptions (juvenile court records, adoptions, etc.) civil case records are open and a case should not disappear from the court's docket or cease to exist. Some records may be sealed, but there shiould be a sealing order in the file that explains why and how the sealing complies with Article I, Section 10 of the State Constitution and a case called "Seattle Times v. Ishikawa" or other cases after it that set forth the test for sealing.

    This response is not intended to be legal advice and does not create an attorney client relationship.

    See question 
  • Can you get a commissioner disbarred for unfair rulings or negligence in a case? If so, how do you proceed?

    Michele’s Answer

    To get the decision overturned, you have to appeal. In Washington, there are three appellate court divisions. Spokane Superior Court, if that is where your case was heard, appeals to Division Three Court of Appeals. You can also try and petition directly to the Washington State Supreme Court if the criteria for direct review can be established.

    In Washington State, you can submit a complaint about a judicial officer to the Judicial Conduct Commission for investigation, but this does not preserve your rights to overturn a specific case, and investigation may be deferred until any appeals and trial court litigation have been completed.

    See question 
  • Appellate question

    Michele’s Answer

    You still need to comply with the Rules of Appellate Procedure (RAPs) even if you do not have notices from the trial court or appellate court with a case number, so still need to designate your Clerks Papers, make arrangements for preparation of a Verbatim Report of Proceeding and pay for its preparation, (if the transcript is important to the appellate issues). So I suggest you prepare the "Designation of Clerk's Papers " and "Statement of Arrangements" and call the Court Clerk at Division One and see if they have assigned a case number and can tell you over the phone. Their staff is extremely helpful, and if you explain why you need it, and they have a case number assigned, they will tell you over the phone. If they don't, file the Designation of CPs and Statement of Arrangements noting that the appellate case number has not yet been assigned -- but do file them. And read the RAPs re specifics of where to file them. (Division One covers several Northern Washington Counties, including King, and so has more cases than any of the other Divisions and can sometimes be a bit slow on perfection notices..)

    See question