Sunday, April 27, 2025

Judge Recusal

April 27, 2025: Tonight, I'm not writing about quiet moments of self-care. Instead, I'm writing about the stark realization that true justice might not be possible in Pierce County Superior Court—not without calling out the problematic ties that undermine it.

Today, I formally demanded that Visiting Judge Cadine Ferguson-Brown recuse herself from presiding over the case involving the Estate of Leeanna Ruth Mickelson. Why? Because ethical lines have been crossed, impartiality has been compromised, and the interconnected web of relationships in Pierce County's judicial system is too tangled to ignore.

Here’s the troubling reality:

Back in October 2017, Judge Frank Cuthbertson recused himself from my mom's probate case, explicitly citing impartiality concerns and calling for a visiting judge.  I recall my own ex parte communication with him May of 2016, as then presiding judge, when the final decree of my late mom's went missing; he had never heard of that happening in the clerk's office and promised he would look into it. Later, he would be assigned the matter, rule a visiting judge to be assigned, then recused himself entirely; the issue was never fixed. In March 2025, it was determined by presiding judge Susan Adams that a visiting judge would need to be assigned and as a result, Kitsap County Superior Court Judge Ferguson-Brown was assigned. Yet, despite this clear recognition of conflict, Judge Cuthbertson recently made a campaign contribution to Judge Cadine Ferguson-Brown—the same visiting judge now presiding over the identical, unresolved issue he once stepped away from. This connection creates an undeniable appearance of bias.

Further complicating matters, Judge Clarence Henderson—who succeeded Judge Cuthbertson upon his retirement over Department 21—is overseeing the reassignment of my case, even though he has openly expressed admiration and mentorship ties to Judge Cuthbertson. The court’s own policy calls for impartiality, yet here we are, with layers of personal and professional connections that can't be brushed aside.

How can anyone expect fairness in such a situation?

The Pierce County Superior Court itself acknowledged, through a letter from Judicial Coordinator Cristina Platt, that no local judge could impartially hear this case, thus assigning a visiting judge. Yet, inexplicably, Judge Ferguson-Brown was chosen, despite receiving recent financial backing from Judge Cuthbertson.

These aren’t just technicalities; they're ethical breaches that erode trust and integrity in our judicial system. I'm fighting not just for myself, but for anyone navigating the courts in Pierce County, hoping for fairness, transparency, and genuine impartiality.

Justice isn’t possible when the system itself is compromised by personal connections and campaign contributions. Enough is enough.

So tonight, I'm standing up, speaking out, and demanding accountability—starting with Judge Ferguson-Brown's immediate recusal. The integrity of our courts is too important to overlook these conflicts.

If you've ever felt silenced by a tangled web of connections, know you're not alone. Real change begins when we shine a light on the places where fairness has faded. 

– Heather

Recused Judge Frank Cuthbertson donated $200 to the "Committee to Retain Cadine Ferguson-Brown" on April 19, 2025, to which she presides over a matter in Pierce County that he recused himself in 2017.
Recused Judge Frank Cuthbertson donated $200 to the "Committee to Retain Cadine Ferguson-Brown" on April 19, 2025, to which she presides over a matter in Pierce County that he recused himself in 2017.







Judge Frank CuthbertsonJudge Clarence HendersonJudge Ferguson-Brown
Recused Judge Frank Cuthbertson, replaced by Judge Henderson who looks up to Judge Cuthbertson, donated to Kitsap County Superior Court Judge Ferguson-Brown's campaign in April 2023, who in April of 2025 is presiding over the same probate motion he recused himself from and ruled for a visiting judge. There needs to be zero ties to Judge Cuthbertson, as he failed to fix the error in the clerk's office of a hearing failing to demand the public record to show a clerk's minute entry and file two orders from May 16, 2016.  I don't believe Judge Ferguson-Brown can be impartial, sadly, given the $200 receipt.





Tuesday, April 15, 2025

A Balcony, A Taco, and the First Breath of Peace in 9 Years

Tonight, I made wild-caught cod tacos, poured a glass of white wine, and sat outside on my balcony.

That probably sounds small—but for me, it was monumental. It was the first time in over two years that I’ve sat outside at home, eaten something I made with care, and felt safe enough to be still.

For the past nine years, I’ve been stuck in a relentless loop of fight-or-flight. Probate court battles, attorneys gaslighting me, and the lingering ache of losing my mom turned my nervous system into a battleground. My focus has been survival—mentally, legally, emotionally. Not healing. Not joy. Not dinner on the balcony.

But tonight, I chose different.

I walked to Trader Joe’s. I picked the cod because it looked clean, wild, fresh—like the version of me I want back. I seasoned it simply, crisped it in a pan, and added slaw, avocado, and lime on corn tortillas. Then I stepped out onto the balcony with my plate and a chilled glass of wine, and I just... sat.

I listened to birds. I felt the breeze. My dog Scooter sat nearby, quietly present. My mind didn’t race. My stomach wasn’t clenched. My jaw wasn’t locked.

There was no court hearing. No bar complaint. Just me, a plate of tacos, and a moment that said: you’re coming back to yourself.

I didn’t expect tacos to feel like a personal revolution—but they did.

And I want more of that.

So this post is the first in what I hope is a new chapter of Cabomama.com—one where I start to share the healing after the war. I may still post about probate battles (trust me, some people deserve exposure), but I also want to share the moments that stitch my life back together.

If you’re coming out of your own long fight, I hope you’ll take one moment for you. Eat outside. Light a candle. Choose the good fish.

You deserve to breathe again too.

Earlier today, I received an email from Ken Luce — the 86-year-old attorney who has fought for nine years to bury my mom’s will and exhaust me. He says he won’t attend tomorrow’s deposition. He’s rattled. He’s wrong. And he’s finally feeling the pressure I’ve carried for too long. I didn’t send him fear. I sent him a notice. And then I made tacos.

Healing and accountability can co-exist — one breath, one bite, one court order at a time.

– Heather





Saturday, June 8, 2024

Motion for Discretionary Review - Probate Matter


June 5, 2024 - Motion for Discretionary Review 

Source: TV Washington https://tvw.org/video/division-2-court-of-appeals-2024061090/?eventID=2024061090

The Court of Appeals Division 2 heard my motion for discretionary review, which centers on whether Pierce County Superior Court has the authority to scrutinize a personal representative's deed that was executed under the jurisdiction of King County Superior Court.

As the petitioner, I am fighting to overturn the continuance orders issued by Pierce County Superior Court. My argument is straightforward: no proceedings should take place without explicit permission from King County Superior Court, which has exclusive jurisdiction over my late mother's estate.

I firmly believe that Pierce County’s actions are not only invalid but also inappropriate, as they go against the standing orders from King County. All actions related to the estate must be approved by Commissioner Henry Judson of King County.

Supporting my position, my sister shared the personal and financial toll the ongoing litigation has inflicted on our family. She stressed the importance of adhering to King County's jurisdictional orders. She emphasized the need for family reunification and highlighted the detrimental impact of the continued legal battles orchestrated by the opposing counsel.

Christopher M. Constantine, associated with Ken Luce of Luce & Associates, represented the opposing side, the belief the surviving spouse gets everything by defending the interests of James Mickelson. He argued the validity of the community property agreement and the necessity for Pierce County to examine the personal representative's deed.

Mr. Constantine claimed that I misinterpreted the scope of the King County order and maintained that Pierce County has the right to review the deed in question.

I reiterated the jurisdictional error and explained my inability to file electronically due to restrictions in Pierce County.

The commissioner acknowledged the complexity of the case, noting the involvement of numerous judicial officials. The decision will be issued in a written ruling after considering all arguments presented. The court's forthcoming decision will determine the next steps in resolving the estate's legal disputes and will hopefully bring clarity to this convoluted situation.

Tuesday, May 21, 2024

Complaint: Sharon Rheinschild Unauthorized Practice of Law Washington State May 18, 2024

May 18, 2024

Dear Washington State Practice of Law Board,

I am writing to file a formal complaint against Sharon Rheinschild for engaging in the unauthorized practice of law. Attached to this email, please find my completed Unauthorized Practice of Law (UPL) Complaint Form in PDF format.

On April 18, 2024, during a hearing in the Superior Court of Pierce County, Washington (Cause Number: 16-4-00861-8), Sharon Rheinschild, a paralegal for Kenyon E. Luce, appeared on behalf of Mr. Luce, despite not being authorized to practice law. Audio of hearing below: 

Mr. Luce did not attend the hearing or give proper notice of his absence. Instead, Ms. Rheinschild represented his motion as mine, which the court had to correct. She cited Mr. Luce’s doctor's appointment as the reason for his absence. Proper procedure would have been for Mr. Luce to file for a continuance or make appropriate arrangements, rather than sending someone unauthorized to practice law. This raises significant concerns about Mr. Luce's character and fitness, especially considering his advanced age and possible senility.

Furthermore, there is an additional concern regarding the "unofficial" appearance of Kenyon E. Luce for Erik and Scott Michelson (sic, Mickelson) in legal matters. It is troubling to presume that Sharon Rheinschild might be behind such actions, possibly filing documents without running them by Mr. Luce. This questionable practice results in a bar complaint against Mr. Luce and puts Erik and Scott Mickelson in a precarious position, risking the loss of their land.

This situation underscores the need for thorough investigation to ensure that the integrity of the legal process is maintained and that unauthorized practice is appropriately addressed.

Thank you for your attention to this matter. I look forward to your response and any further steps necessary to address these serious concerns.

Please find attached my completed UPL Complaint Form in PDF format, along with the April 29, 2024 Answer filed in the Washington State Court of Appeals Division 2 stating the "unofficial" representation of Erik and Scott Mickelson
Kenyon Luce


 

Bar Complaint: Christopher Constantine #1165 GRIEVANCE AGAINST A LAWYER May 18, 2024

 WSBA-Header

GRIEVANCE AGAINST A LAWYER


Date Received:5/18/2024 8:45:34 PM
Confirmation Number:202405180003

INFORMATION ABOUT YOU

INFORMATION ABOUT THE LAWYER

Name:Heather Benedict
Address:453 S Spring Street, Ste 400 PMB1501
Los Angeles, CA 90013 USA


License Number:1165
Name:Christopher Constantine
Address:PO Box 7125
Tacoma, WA 98417 USA
Phone Number:(253) 752-7850
Email Address:ofcounsl1@mindspring.com

INFORMATION ABOUT THE GRIEVANCE

Describe your relationship to the lawyer who is the subject of your grievance:I am an opposing party.
If your grievance involves a court case:     
Case Name: Estate of Leeanna Ruth Mickelson
File Number: 164008618
Court Name: Pierce County Superior Court
Explain your grievance in your own words. Give all important dates, times, and places.
Dear Office of Disciplinary Counsel,

I am writing to file a complaint against attorney Christopher Martin Constantine, WSBA License Number 11650. My complaint concerns potential violations of the Washington Rules of Professional Conduct (RPC) and relevant statutes, specifically related to misleading representations, failure to provide notice, lack of a physical address, and questionable legal practices.

Summary of Grievance:

Misleading Representations:

Mr. Constantine uses the firm name "OF COUNSEL INC, P.S." in his Notice of Association, capitalizing it inconsistently with his registration ("of Counsel Inc PS"). This interchangeability could be misleading and may violate RPC 7.1 and 7.5.

He represents himself as the "Attorney for James Mickelson" while also signing on behalf of Luce & Associates, P.S., implying two firms are representing James Mickelson without clear employment status.

Failure to Provide Notice:

The Notice of Association was filed on May 7, 2024, at 3:08 PM, just 22 minutes before the hearing start time. No declaration of service was provided, and no notice was given to the heirs. This lack of proper notice could be considered a violation of procedural rules and ethical obligations.

Lack of Physical Address:

The Notice of Association does not include a physical address, violating RCW 4.28.210, which requires an attorney's notice of appearance to include their address for service. Additionally, Mr. Constantine's public mailing address with the WSBA is a PO Box, not a physical address, which may contravene WSBA Bylaws Section III(C).

Questionable Legal Practices:

In the Court of Appeals Answer to a Response filed on April 29, 2024, the cover page states that Kenyon Luce is "Unofficially the attorney of law for Erik and Scott Mickelson." It is unknown whether Mr. Constantine ghostwrote this document, but the disclaimer of "unofficial" representation raises serious concerns about the legitimacy and transparency of the legal representation provided by the Luce Law Firm and Mr. Constantine.

The use of the term "unofficial" representation suggests a potential violation of RPC 8.4(c) regarding conduct involving dishonesty, fraud, deceit, or misrepresentation. It undermines the integrity of the legal process and could be seen as an attempt to circumvent ethical and legal standards.

Relevant Rules and Statutes:

RPC 7.1 – Communications Concerning a Lawyer’s Services:
Prohibits false or misleading communication about the lawyer or the lawyer’s services.

RPC 7.5 – Firm Names and Letterheads:
Prohibits the use of a firm name, letterhead, or other professional designation that is false or misleading.

RPC 8.4 – Misconduct:
It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

RCW 4.28.210 – Notice of Appearance:
Requires an attorney's notice of appearance to include their address, to which all papers may be served.

WSBA Bylaws Section III(C):
Requires members to furnish a “physical residence address” and a “principal office address.” For members residing outside Washington, a physical street address of a designated resident agent within Washington is required.

Detailed Explanation:

Misleading Representations:
Mr. Constantine’s use of "OF COUNSEL INC, P.S." and his representation as an associate of Luce & Associates, P.S., without clear employment status, could mislead the court and parties about his professional affiliations. This interchangeability may violate RPC 7.1 and 7.5 by creating confusion about the nature of his practice.

Failure to Provide Notice:
The Notice of Association filed on May 7, 2024, just 22 minutes before the hearing, did not include a declaration of service, nor were the heirs notified. This last-minute filing without proper notice could be considered a violation of procedural rules and ethical obligations.

Lack of Physical Address:
Mr. Constantine's notice lacks a physical address, violating RCW 4.28.210. Additionally, his WSBA profile lists a PO Box rather than a physical address, which may contravene WSBA Bylaws Section III(C), requiring a physical address for service and communication.

Questionable Legal Practices:
The Court of Appeals document filed on April 29, 2024, where Kenyon Luce is described as "Unofficially the attorney of law for Erik and Scott Mickelson," raises significant concerns. This "unofficial" representation suggests potential violations of RPC 8.4(c) and undermines the integrity of the legal process. It is also unclear if Mr. Constantine ghostwrote this document, which could further implicate him in unethical conduct.

I request that the Office of Disciplinary Counsel investigate this matter to determine if Mr. Constantine's conduct violates the RPC and relevant statutes. The integrity of the legal process and the ethical standards of the profession must be upheld.

Thank you for your attention to this matter.

Bar Complaint: Kenyon E. Luce #3081, May 18, 2024, Washington State Bar Association Grievance

Update 5/24/2024 - Supplemental Information on Grievance against attorney Kenyon E. Luce #3081. Supplemental Information on Grievance against attorney Kenyon E. Luce #3081.  

Initial Bar Complaint submitted 5/18/2024, below.

 WSBA-Header

GRIEVANCE AGAINST A LAWYER


Date Received:5/18/2024 9:12:38 PM
Confirmation Number:202405180004

INFORMATION ABOUT YOU

INFORMATION ABOUT THE LAWYER

Name:Heather Benedict
Address:453 S Spring Street, Ste 400 PMB1501
Los Angeles, CA 90013 USA


License Number:3081
Name:Kenyon E. Luce
Address:5308 12th St E
Fife, WA 98424 USA
Phone Number:(253) 922-5784
Email Address:ken.luce@lucelawfirm.com

INFORMATION ABOUT THE GRIEVANCE

Describe your relationship to the lawyer who is the subject of your grievance:I am an opposing party.
If your grievance involves a court case:     
Case Name: Estate of Leeanna Ruth Mickelson
File Number: 164008618
Court Name: Pierce County Superior Court
Explain your grievance in your own words. Give all important dates, times, and places.
Dear Office of Disciplinary Counsel,

I am writing to file a complaint against attorney Kenyon Eldridge Luce, WSBA License Number 3081. My complaint concerns potential violations of the Washington Rules of Professional Conduct (RPC) and relevant statutes, specifically related to failing to define his representation, questionable legal practices, and improper delegation of duties.

Summary of Grievance:

Failure to Define Representation:

Mr. Luce has failed to clearly define his representation for Erik and Scott Mickelson. In an adversarial hearing impacting their property rights, he stated he is their "unofficial" attorney and on the cover sheet for an answer to an appeal (Court of Appeals, Division II, Case 59357-2-II). This ambiguous representation undermines the legal process and could be seen as an attempt to benefit his client, James Mickelson, at the expense of Erik and Scott Mickelson's rightful property from their late mother.

Questionable Association with Christopher Constantine:

Mr. Luce's association with Christopher Constantine raises several concerns. Mr. Constantine’s inconsistent use of "OF COUNSEL INC, P.S." and his representation as an associate of Luce & Associates, P.S., without clear employment status, could mislead the court and parties about his professional affiliations. This association impacts Mr. Luce's credibility and raises questions about the ethical standards of the Luce & Associates, P.S. Law Firm.

Improper Delegation and Misrepresentation:

In the Pierce County Superior Court matter in re the Estate of Leeanna Ruth Mickelson (Case 16-4-00861-8), on April 18, 2024, Mr. Luce sent his paralegal to a hearing who told the court it was my motion (Heather Benedict), despite it being Mr. Luce’s motion. The court reminded the paralegal that it was Mr. Luce's motion. Mr. Luce did not appear or give proper notice, and the paralegal cited a doctor's appointment for Mr. Luce. However, Mr. Luce should have filed that he couldn't attend the hearing instead of sending someone unauthorized to practice law. This raises concerns about his character and fitness, especially considering his advanced age (84 years old) and possible senility.

Relevant Rules and Statutes:

RPC 1.1 – Competence:

Requires a lawyer to provide competent representation to a client, which includes adequate preparation and knowledge.

RPC 1.4 – Communication:

Requires a lawyer to keep the client reasonably informed about the status of the matter and promptly comply with reasonable requests for information.

RPC 5.3 – Responsibilities Regarding Nonlawyer Assistants:

Requires lawyers to ensure that their nonlawyer assistants' conduct is compatible with the professional obligations of the lawyer.

RPC 8.4 – Misconduct:

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

WSBA Bylaws Section III(C):

Requires members to furnish a “physical residence address” and a “principal office address.” For members residing outside Washington, a physical street address of a designated resident agent within Washington is required.

Detailed Explanation:

Failure to Define Representation:

Mr. Luce's failure to clearly define his representation for Erik and Scott Mickelson, while stating he is their "unofficial" attorney, undermines the legal process and could be seen as an attempt to manipulate the situation to benefit James Mickelson. This conduct may violate RPC 1.1 and RPC 8.4 by failing to provide competent representation and engaging in misrepresentation.

Questionable Association with Christopher Constantine:

The association between Mr. Luce and Christopher Constantine, who inconsistently uses "OF COUNSEL INC, P.S." and represents himself as an associate of Luce & Associates, P.S., raises ethical concerns. This association impacts Mr. Luce's credibility and could mislead the court and parties, violating RPC 7.1 and RPC 7.5 regarding misleading communications and firm names.

Improper Delegation and Misrepresentation:

On April 18, 2024, Mr. Luce sent his paralegal to a hearing for his motion without proper authorization, misrepresenting the situation to the court. Instead of filing that he could not attend, he improperly delegated the responsibility to a nonlawyer assistant, violating RPC 1.1, RPC 1.4, and RPC 5.3. This incident, combined with concerns about his character and fitness due to his advanced age and possible senility, raises significant ethical issues.

Conclusion:

I request that the Office of Disciplinary Counsel investigate this matter to determine if Mr. Luce's conduct violates the RPC and relevant statutes. The integrity of the legal process and the ethical standards of the profession must be upheld.

Thank you for your attention to this matter.

Thursday, February 28, 2019

Pierce County Superior Court, back at it again.


March 15, 2024, Latest update regarding my late mother's probate dismissed w/ prejudice. Attorney Kenyon Luce is wanting to re-open it. Since making this video, Pro Tem Commissioner Kevin Boyle and Commissioner Mark Gelman both have recused themselves do to conflicts with Luce & Associates.  The new hearing date is tentatively scheduled the second week of April, 2024. Update: Kenyon Luce, attorney, failed to appear at the April 18, 2024 hearing and it was continued to May 7, 2024, to which this order was entered by Commissioner Terri Farmer: