Conflict of Conflicts:
Cussing Judge Comes Under Suspicion

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By US~Observer Staff

Washington State Superior Court Judge: John Wulle

Vancouver, Washington – Washington State Superior Court Judge John Wulle is under investigation by the Washington State Commission on Judicial Conduct for cussing out defendants in his Courtroom (announced on February 21, 2012 in the attached press release - Click Here). Some have cheered on the judge for putting “punks” in their place. In fact there is a Facebook page launched supporting Wulle, calling him the “People’s Judge.” In spite of all of the support Wulle has garnered, the US~Observer decided to dig a little deeper and discovered that Judge Wulle has a skeleton(s) in his closet.

Wulle is represented in this investigation by former Vancouver City Prosecutor Josephine Townsend, who herself was also the subject of disciplinary action by the Washington State BAR for unethical conduct. Townsend was allegedly fired from her position by Vancouver City Attorney Ted Gathe, although he allowed her to resign rather than be formally fired (see the attached letter from Gathe to Townsend regarding her unprofessional conduct - Click Here).

But here’s the clincher. Wulle has been presiding over a lawsuit against the City of Vancouver and ruling on several issues involving the unprofessional conduct of Josephine Townsend. After presiding over the case for four years and ruling on the discoverability of Townsend’s communications, Judge Wulle decided to hire Townsend to represent him in the investigation by the Commission on Judicial Conduct. Clearly this is an outrageous conflict of interest and a huge cover-up.

Dr. Kathy Marshack has been the subject of a series of stories in the US~Observer regarding the harassment she has experienced at the hands of Vancouver City officials. In order to protect herself, Marshack filed a lawsuit against the City of Vancouver in 2008. During the course of the case she discovered malicious defamation by Josephine Townsend and Citizen Advocate Jim Jacks. Based upon this shocking new evidence, she filed an Amended Petition in 2011, and filed a Summary Judgment motion in early 2012. Judge John Wulle was assigned to her case in 2008.

Dr. Marshack was puzzled that Judge Wulle was so one-sided in his opinions early on in the case. For example, he demanded that Dr. Marshack develop an exhaustive time line of evidence to provide to Assistant City Attorney Alison Chinn, even though most of this evidence is public record in the City’s own files. This project cost Dr. Marshack thousands of dollars and several months of attorney and employee time in order to catalog all of the City’s documents for them. Judge Wulle also ruled for the City, allowing them to withhold evidence, even though it is clearly relevant. For example, Judge Wulle ordered that the City could redact (or delete) significant portions of Josephine Townsend’s correspondence and emails. Yet Townsend’s malicious conduct was part of the reason that Marshack sued in the first place.

Jim Jacks

The story behind the lawsuit is as follows. In 2004, Dr. Marshack requested help of Vancouver’s Citizen Advocate (i.e. ombudsman) Jim Jacks to help her resolve problems she was having with Prosecutor Josephine Townsend and Code Enforcement Officer Richard Landis, who were relentlessly harassing her. Instead of helping, Jacks colluded with Townsend and Landis and wrote and/or spread a report dismissing Marshack’s complaints and accusing her of being a “diagnosed Functional Sociopath” and unfit to practice her profession of psychology.

Townsend told Jacks that Marshack’s psychologist Dr. Frank Colistro diagnosed her a sociopath in written reports and oral testimony before the court; a total fabrication according to a sworn affidavit by Dr. Colistro and evidence at the Courthouse. Jacks did not discuss his “findings” with Marshack so she had no way to defend herself. Instead, he ran with these outrageous lies and issued a memorandum to Vancouver City Hall, labeling Dr. Marshack a sociopath who is an unfit psychologist, who has an anger problem, and who believes that she does not have to follow the law.

According to a recent sworn affidavit, Jacks explained that he interviewed Townsend who verified Dr. Marshack’s supposed diagnosis. Without interviewing Dr. Marshack or Dr. Colistro to verify the veracity of what Townsend told him, Jacks wrote to the Vancouver City Manager that he had “factual information” on Dr. Marshack. The report was allegedly circulated to the Mayor, City Manager, City Council members, City Attorney’s office, the police, the Planning office and Code Enforcement. Jacks stated in his affidavit that he was an over-worked City employee, and that is why he never contacted Marshack or her therapist. As a result of this report, Marshack was harassed unmercifully, assaulted, falsely arrested, and threatened with the loss of her property rights, her business license, and her professional license.

Jacks left his position as Vancouver Citizen Advocate when he was elected to the Washington State Legislature. He quit his elected position last year by turning in a handwritten note and mysteriously disappeared for several weeks. Eventually the Columbian Newspaper published a front page story that Jacks is an alcoholic and resigned to attend alcohol treatment.

Townsend signed a sworn affidavit on February 13, 2012, in which she states that she had a phone conversation with Dr. Colistro in which he diagnosed Dr. Marshack a “Functional Sociopath.” Townsend claims to have made notes of the phone call but cannot produce them. The court records show that Dr. Colistro never testified or wrote any such report to the court. Plus, Dr. Colistro has signed an affidavit indicating that he had conversations with Townsend, but denied ever diagnosing or telling Townsend that Marshack is a sociopath or unfit to practice psychology. In fact he says in his affidavit that Townsend’s story is a “total fabrication.”

Oddly, Asst. City Attorney Alison Chinn admits that the defaming report was written by Jacks with the help of Townsend and Landis. . . but that City officials all believed it to be true . . . and therefore based on this belief Chinn states there is no harm to Dr. Marshack. How can there be no harm when a psychologist is deemed unfit to practice her profession?

The Townsend/Jacks report is riddled with untruths. The evidence is abundantly clear that it is an outrageous lie concocted by Townsend to interfere with Dr. Marshack’s property rights and civil liberties, not to mention her professional reputation. However, Asst. City Attorney Alison Chinn insists on defending these two unscrupulous former City employees. She has submitted Townsend’s affidavit to Judge Wulle as a truthful document. Secondly, she defends Jacks’ failure to check the facts as the result of being an over-worked City employee. Even more outrageous is her assertion that the Citizen Advocate works for the City of Vancouver and therefore has no obligation to speak with the citizen who made the request for help in the first place. Is Jacks the Citizen Advocate or the “City’s Advocate”?

It seems to us here at the US~Observer that the Washington State Commission on Judicial Conduct needs to look deeper than Judge Wulle’s occasional epithet, foul gestures, and bigoted comments, and dig into this obvious conflict of interest and cover-up.

Even more alarming for the good citizens of Vancouver, Washington is that Josephine Townsend has applied to Governor Gregoire for an appointment to the position of Superior Court Judge, vacated by retiring Judge Poyfair. Governor Gregoire and the Washington State BAR need to take a look at Townsend’s record. Townsend knew she was accused of misconduct in Dr. Marshack’s lawsuit. She even issued an affidavit about her conduct only days before the news of charges by the Commission against her client Judge Wulle. And Townsend’s affidavit was served up to Judge Wulle by Asst. City Attorney Alison Chinn before Townsend agreed to represent Wulle. It is clearly unethical for Townsend to represent Wulle when she is a material witness accused of the conduct giving rise to the City’s liability. And she is a material witness in a case for which Wulle is the judge and has ruled on issues of her conduct for four years.

Dr. Marshack deserves justice and she deserves to get her life back. How can the City of Vancouver get away with admitting their malicious conduct and yet state that it caused no harm? Dr. Marshack was hounded unmercifully for years. She paid thousands of dollars in legal fees to protect her rights and livelihood. She was falsely arrested. She and her children were traumatized by the constant threats of City officials. Then she has been forced to struggle with her case against a judge who has no concept of his ethical responsibilities to Dr. Marshack and the Constitution of the United States of America.

Most egregious of all is that powerful people in Vancouver like Judge John Wulle and former City Prosecutor Josephine Townsend are protected from prosecution by the very officials and institutions that should protect the public. How can the good people of Vancouver expect a fair shake in court when unethical judges are allowed to cover-up their own misconduct? Mayor Leavitt and the Vancouver City Council should take a leadership role and demand accountability.

Enough is enough. The corruption in Vancouver’s city government has to stop. Lying and abuse have become the norm for Vancouver, long known as one of the most corrupt cities in the USA. Not only is it an obvious fact that Judge John Wulle and Attorney Josephine Townsend have conducted the “conflict of conflicts,” but the arrogance of their actions is proof that these two think they are bullet-proof. And the rest of Vancouver’s city leaders are no better. How dare Asst. City Attorney Alison Chinn submit Townsend’s affidavit to Judge Wulle as the truth when there is abundant evidence that it is filled with lies. How dare former Citizen Advocate Jim Jacks swear that it doesn’t matter that he never verified the facts of Dr. Marshack’s supposed diagnosis. How dare Judge Wulle preside over this case for years, covering for Townsend and Jacks and others, when he knows full well he is up to his eyeballs in a disgusting violation of Dr. Marshack’s rights. How dare Mayor Leavitt deny Dr. Marshack access to City Council meetings to present her concerns. And by the way, is it any coincidence that Dr. Marshack’s angry ex-husband, Vancouver attorney Howard Marshack was reportedly on Wulle’s campaign committee when he first ran for Judge? Or is it another coincidence that Howard Marshack allegedly offered help to Townsend when she was under investigation by the Washington BAR? Mr. Marshack wields considerable influence as a past president of the Family Law Section of the Washington BAR. Could it be that Mr. Marshack is behind these hostile attacks on Dr. Marshack?

Former President Bill Clinton - Dr. Kathy Marshack

It is a fact that all of this is pure corruption and were it not for the tenaciousness and ethics exhibited by Dr. Kathy Marshack, this corruption would have remained hidden – Accountability in this case would be non-existent. Speaking of accountability, we expect to see Daniel Lorenz, Dr. Marshack’s attorney, move swiftly to end this case and purge Vancouver of these disreputable individuals and their abusive ways.

The US Observer is watching and will report the latest to unfold in this case. Please contact our office at 541-474-7885 or email us at editor@usobserver.com if you have information that can help Dr. Marshack and the US~Observer clean up this blatant corruption.

Read more articles involving Dr. Marshack
- Wrong Side of the Tracks
- Karma
- A Mother Never Gives Up
- Vancouver City's Severe Abuse

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