As previously reported here, Linda Jordan was assessed costs of nearly $13,000 for a frivolous appeal of her lawsuit against the Washington Secretary of State, alleging Obama’s ineligibility to be President. Losing the original case, Jordan was asked to pay “statutory costs” in the amount of $200. She appealed, and the Washington Attorney General’s office, defending the Secretary of State, warned Jordan that if she pursued the appeal that the AG would ask for actual costs of litigation. Jordan persisted and lost the appeal.
The costs in the case were computed based on the number of hours recorded and the billing rates of the attorneys involved. One attorney charged at $250/hr and the other at $175. Jordan is asking the court to reconsider the judgment and the award.
ObamaReleaseYourRecords has published a letter purported to be by Richard B. Sanders, and former justice on the Washington State Supreme Court, stating:
In good faith Ms. Jordan commenced an action to question President Obama’s name on the ballot. She did the best she could with limited resources and no legal training. The government’s response was immediate and in some respects heavy handed. Having obtained a summary dismissal of her case, and then her appeal, the attorney general went further to demand the Secretary of State be reimbursed, claiming attorney fees amounting to almost $13,000. However what the attorney general did not tell the court is that the Secretary never actually paid this amount, nor was he billed this amount, nor probably anything close to it. The number is made up, pure fiction. The AG did not disclose the actual amount to the court probably because the objective is to get a punitive judgment for as much as he can without regard to actual expenditures which were much less.
My motion to modify and reduce the court clerk’s award of almost $13,000 will attempt to direct the court’s attention to the truth of the matter: that once again the government is hiding the ball to oppress a patriotic private citizen of modest means because she exercised her right to access the courts. This is not compensatory but punitive. It is not justice but oppression. Moreover $13,000 is truly an outlandish sum to obtain dismissal of an appeal the AG claimed was entirely lacking in merit. No wonder people mistrust the government, lawyers and the court system. It’s time to fight.
Richard B. Sanders
I haven’t seen the appeal documents yet, and I don’t know whether Judge Sanders has any evidence to back up the suggestion that the costs were inflated.
Sanders was defeated for re-election to the Court in 2010, and in an attempt to regain his seat in 2012.