No. 18-1544

Hallmark Care Services, Inc., et al. v. Superior Court of Washington, Spokane County

Lower Court: Washington
Docketed: 2019-06-14
Status: Denied
Type: Paid
Response Waived
Tags: appellate-review civil-rights court-appointed-guardian due-process ex-parte fourteenth-amendment guardianship predeprivation-rights professional-guardians property-interest property-rights state-action sua-sponte
Key Terms:
ERISA Privacy JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a court-appointed professional guardian has a property interest in the business expectation of continued fees, and a pre-deprivation right to due process under the Fourteenth Amendment before being removed from that appointment

Question Presented (OCR Extract)

Questions Presented The Superior Court of Washington for Spokane County, initiated, sua sponte, and self-prosecuted an action against the Petitioners, who are professional guardians. The local court commenced the action, without notice or hearing, by sending ex parte directives to multiple parties, and by entering ex parte orders. Pursuant to these orders, the local court held scores of expedited “drumhead” hearings, at which 124 clients of the professional guardians were "transitioned" to competing businesses; prior to which the Petitioners had no opportunity to review the unadjudicated allegations made against them; and, during which the Petitioners had no reasonable opportunity to defend against the allegations. Petitioners submit these questions for review: 1. Whether a court-appointed professional guardian has a property interest in the business expectation of continued fees, and a pre-deprivation right to due process under the Fourteenth Amendment before being removed from that appointment; 2. Whether a State Court can, sua sponte, initiate and prosecute an action against a party, and then deny appellate review of whether the State action deprived the party of her due process rights.

Docket Entries

2019-10-07
Petition DENIED.
2019-07-31
DISTRIBUTED for Conference of 10/1/2019.
2019-07-02
Waiver of right of respondents Amanda Witthauer, et al. to respond filed.
2019-06-11
Petition for a writ of certiorari filed. (Response due July 15, 2019)

Attorneys

Amanda Witthauer, et al.
Steven KinnSpokane County Prosecutor's Office, Respondent
Steven KinnSpokane County Prosecutor's Office, Respondent
Hallmark Care Services, Inc., et al.
John William PierceLaw Office of John Pierce. P.S., Petitioner
John William PierceLaw Office of John Pierce. P.S., Petitioner