Note: This affidavit and the exhibits are as submitted to the court except that all identifying information for my wife has been replaced with her first name, Karyn, as the normal references on my web pages are to first name only.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs.

In the Superior Court of Clark County
State of Washington


Karyn

Petitioner/Respondent

          versus

Brian Patrick Carr

Respondent/Petitioner

 Number

04-2-08824-4 and

04-2-08908-9

Affidavit of

Jurisdiction
I, Brian P Carr, am the respondent/petitioner in these matters, have knowledge of the facts of these matters and make the following statements under oath and penalty of perjury.

  1. When inquiring at the Clark County Superior Court Chief Administrator's Office as to how District Court Judges could make decisions on Superior Court matters, I received four Orders appointing different Clark County District Court Judges as Superior Court Commissioners in 2004. These four orders are attached as Exhibit A.

  2. These orders include the appointment Orders for the Honorable Eiesland who initially reviewed the petition in case 04-2-08824-4 and the Honorable Melnick who later heard case 04-2-08824-4 and appears to have initially reviewed the petition in 04-2-08908-9.

  3. As Article IV, Section 23 of the Washington State Constitution states that in each county the Superior Court can appoint Commissioners 'not exceeding three in number' there is a question as to whether these Commissioners ever had jurisdiction in these matters.

  4. As the order for the Honorable Melnick expired on December 31, 2004, I also obtained the Order appointing him for 2005 which is Exhibit B. As there was a seven day gap before he was reappointed, any jurisdiction which he would have had in these matters expired with his 2004 appointment.

  5. As such, I concluded that all jurisdiction for these cases now resides with the Honorable Johnson who last heard each of the cases.

Affidavit of Jurisdiction, January 24, 2005

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Notice of Service:
On January 23, 2005, I mailed a copy of this affidavit to Karyn in an envelope addressed to Karyn, xxxxxx, Vancouver, WA with first class postage attached which I placed in a U.S.P.S. mail box located at Stark Street and SW 5th Ave, Portland, OR.

I certify under penalty of perjury under the laws of the state of Washington that the foregoing is true and correct. I also certify that this affidavit was prepared personally without the advice of any attorney and that I understand that the court by entering a decree or other order does not relieve myself of the responsibility for any omissions, defects, or inaccuracies in the file or matters presented or any consequences resulting therefrom.


January 24, 2005
Dated

Vancouver, WA
Location
 ____Brian P. Carr_______
Signature of Respondent/Petitioner
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
360-607-0556

Petitioner/Respondent

Karyn


Affidavit of Jurisdicion, January 24, 2004

2

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLARK

IN THE MATTER OF THE APPOINTMENT

OF COURT COMMISSIONER


ORDER AND OATH

        It appearing to the Court that there is sufficient business of this court to warrant the appointment of a Court Commissioner pursuant to Article 4, Section 23, of the Washington State Constitution and RCW 2.24.010, now, therefore,

        IT IS HEREBY ORDERED that Kenneth R. Eiesland, a citizen of the United States, is appointed Court Commissioner of the above-entitled Court to hold office from January 1, 2004 through December 31, 2004, and to exercise such power, authority and jurisdiction concurrent with the Judges of the above-entitled Superior Court as conferred by Article 4, Section 23, of the Washington State Constitution and RCW 2.24.040 and as directed by the Judges of the above-entitled Court.

        DATED this 15 day of January, 2004.

Robert Harris
JUDGE OF THE SUPERIOR COURT

Exhibit A

3

O A T H

STATE OF WASHINGTON

County of Clark 		:ss

        I, Kenneth R. Eiesland, the undersigned, declare as follows:

        That I am the person appointed Court Commissioner by an Order of the above-entitled Court dated January 1st, 2004.

        That I will support and maintain the Constitution of the United States and the Constitution of the State of Washington, and that I will perform the duties of such Court Commissioner fairly and impartially and to the best of my ability.

        I DECLARE UNDER THE PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.

        DATED this 14 day of January, 2004.
Kenneth R. Eiesland
Kenneth R. Eiesland


Exhibit A

4

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLARK

IN THE MATTER OF THE APPOINTMENT

OF COURT COMMISSIONER


ORDER AND OATH

        It appearing to the Court that there is sufficient business of this court to warrant the appointment of a Court Commissioner pursuant to Article 4, Section 23, of the Washington State Constitution and RCW 2.24.010, now, therefore,

        IT IS HEREBY ORDERED that Richard Melnick, a citizen of the United States, is appointed part-time Court Commissioner of the above-entitled Court, to hold office from April 30, 2004 through through December 31, 2004, and to exercise such power, authority and jurisdiction concurrent with the Judges of the above-entitled Superior Court as conferred by Article 4, Section 23, of the Washington State Constitution and RCW 2.24.040 and as directed by the Judges of the above-entitled Court.

        DATED this 30 day of April, 2004.

Robert Harris
JUDGE OF THE SUPERIOR COURT

Exhibit A

5

O A T H

STATE OF WASHINGTON

County of Clark 		:ss

        I, Richard Melnick, the undersigned, declare as follows:

        That I am the person appointed Court Commissioner by an Order of the above-entitled Court dated April 30, 2004.

        That I will support and maintain the Constitution of the United States and the Constitution of the State of Washington, and that I will perform the duties of such Court Commissioner fairly and impartially and to the best of my ability.

        I DECLARE UNDER THE PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.

        DATED this 30th day of April, 2004.
Richard Melnick
Richard Melnick


Exhibit A

6

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLARK

IN THE MATTER OF THE APPOINTMENT

OF COURT COMMISSIONER


ORDER AND OATH

        It appearing to the Court that there is sufficient business of this court to warrant the appointment of a Court Commissioner pursuant to Article 4, Section 23, of the Washington State Constitution and RCW 2.24.010, now, therefore,

        IT IS HEREBY ORDERED that Scott S. Anders, a citizen of the United States, is appointed Court Commissioner of the above-entitled Court to hold office from January 1, 2004 through December 31, 2004, and to exercise such power, authority and jurisdiction concurrent with the Judges of the above-entitled Superior Court as conferred by Article 4, Section 23, of the Washington State Constitution and RCW 2.24.040 and as directed by the Judges of the above-entitled Court.

        DATED this 15 day of January, 2004.

Robert Harris
JUDGE OF THE SUPERIOR COURT

Exhibit A

7

O A T H

STATE OF WASHINGTON

County of Clark 		:ss

        I, Scott S. Anders, the undersigned, declare as follows:

        That I am the person appointed Court Commissioner by an Order of the above-entitled Court dated January 1st, 2004.

        That I will support and maintain the Constitution of the United States and the Constitution of the State of Washington, and that I will perform the duties of such Court Commissioner fairly and impartially and to the best of my ability.

        I DECLARE UNDER THE PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.

        DATED this 1st day of January, 2004.
Scott S. Anders
Scott S. Anders


Exhibit A

8

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLARK

IN THE MATTER OF THE APPOINTMENT

OF COURT COMMISSIONER


ORDER AND OATH

        It appearing to the Court that there is sufficient business of this court to warrant the appointment of a Court Commissioner pursuant to Article 4, Section 23, of the Washington State Constitution and RCW 2.24.010, now, therefore,

        IT IS HEREBY ORDERED that Vernon L. Schreiber, a citizen of the United States, is appointed Court Commissioner of the above-entitled Court to hold office from January 1, 2004 through December 31, 2004, and to exercise such power, authority and jurisdiction concurrent with the Judges of the above-entitled Superior Court as conferred by Article 4, Section 23, of the Washington State Constitution and RCW 2.24.040 and as directed by the Judges of the above-entitled Court.

        DATED this 15 day of January, 2004.

Robert Harris
JUDGE OF THE SUPERIOR COURT

Exhibit A

9

O A T H

STATE OF WASHINGTON

County of Clark 		:ss

        I, Vernon L. Schreiber, the undersigned, declare as follows:

        That I am the person appointed Court Commissioner by an Order of the above-entitled Court dated January 1 , 2004.

        That I will support and maintain the Constitution of the United States and the Constitution of the State of Washington, and that I will perform the duties of such Court Commissioner fairly and impartially and to the best of my ability.

        I DECLARE UNDER THE PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.

        DATED this 1 day of January, 2004.
Vernon L. Schreiber
Vernon L. Schreiber


Exhibit A

10

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF CLARK

IN THE MATTER OF THE APPOINTMENT

OF COURT COMMISSIONER


ORDER AND OATH

        It appearing to the Court that there is sufficient business of this court to warrant the appointment of a Court Commissioner pursuant to Article 4, Section 23, of the Washington State Constitution and RCW 2.24.010, now, therefore,

        IT IS HEREBY ORDERED that Richard Melnick, a citizen of the United States, is appointed Court Commissioner of the above-entitled Court to hold office from January 1, 2005 through December 31, 2005, and to exercise such power, authority and jurisdiction concurrent with the Judges of the above-entitled Superior Court as conferred by Article 4, Section 23, of the Washington State Constitution and RCW 2.24.040 and as directed by the Judges of the above-entitled Court.

        DATED this 7th day of January, 2005.

Robert Harris
JUDGE OF THE SUPERIOR COURT

Exhibit B

11

O A T H

STATE OF WASHINGTON

County of Clark 		:ss

        I, Richard Melnick, the undersigned, declare as follows:

        That I am the person appointed Court Commissioner by an Order of the above-entitled Court dated January 1st, 2005.

        That I will support and maintain the Constitution of the United States and the Constitution of the State of Washington, and that I will perform the duties of such Court Commissioner fairly and impartially and to the best of my ability.

        I DECLARE UNDER THE PENALTY OF PERJURY OF THE LAWS OF THE STATE OF WASHINGTON THAT THE FOREGOING INFORMATION IS TRUE AND CORRECT.

        DATED this 6th day of January, 2005.
Richard Melnick
Richard Melnick


Exhibit B

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This page was last updated on August 30, 2005.