Scott Erik Stafne is a third-generation lawyer. Mr. Stafne cares about the law, its process and its evolution.
Mr. Stafne graduated summa cum laude from Depauw University and was awarded the Taylor Scholarship Award. Stafne graduated fourth in his class from the University of Iowa Law School in 1974, and was the recipient of the Phi Delta Phi scholarship award. He holds a Masters of Law degree in Law and Marine Affairs from the University of Washington. He is a member of Phi Eta Sigma, Phi Beta Kappa and the Order of the Coif.
Mr. Stafne has litigated and lobbied on behalf of many clients and causes throughout his long career. For the most part, he has represented people; not corporations. He has been described as “the people’s lawyer”.
Stafne is not without his critics. Washington’s attorney general Bob Ferguson has filed a Civil Investigative Dispute against him and his former law firm, Stafne Trumbull PLLC, to which the firm responed. A federal judge has also threatened Stafne with sanctions for, among other things, filing a complaint which alleges that John Deere companies likely discriminated against his clients based on national origin. They are Hispanic. Many of the applicable pleadings related to this ongoing dispute can be reviewed at his academia.edu page
While much of Stafne’s practice has been devoted to litigation, he has on many occasions been involved in more full spectrum advocacy. Full spectrum advocacy involves an all out assault against an adversary. In other words, full spectrum advocacy is not limited to legal representation before judges and courts, but involves engaging society morally, socially, politically, spiritually, and from a common sense perspective to facilitate a change from irresponsible or immoral or evil practices.
Stafne’s experience in representing American fisherman and processing interests after the passage of the Fishery Conservation and Management Act in 1976 is an example of his previous utilization of full spectrum advocacy. As part of his representation of American fishermen Stafne advocated for his clients before Congress, the state legislature, state and federal agencies.
He was appointed as an industry advisor on behalf of American fishermen to both the Pacific and North Pacific Coast Fishery Councils’ Industry Advisory Boards as well as an observer to the bilateral treaty negations between the United States and Canada with regard to the conservation and management of salmon.
Instead of just legal briefs, Stafne also authored several white papers with regard to the sablefish, salmon, and off-shore processing. (He represented the first US-Soviet joint venture company in obtaining its license from the U.S. State Department and other government agencies to fish off the Alaska Coast.)
His full spectrum advocacy of the troll industry caused Stafne to be called to testify before a U.S. Senate subcommittee with regard to the impact of litigation he brought challenging an executive agreement between the US and Canada to allow Canadian trollers to violate an American statute enacted to protect his clients.
More recently, Stafne and his former partner, Josh Trumbull, engaged in full spectrum advocacy when they pointedly criticised a Washington Senator who proposed legislation to make it easier for the banks to foreclose on people’s homes. Senate Bill 5968, once exposed to the light of day, was unable to make any real progress towards enactment. (Hopefully, the legislator who proposed the bill, Senator Stephen Hobbes, will be shown out the door as well of the Senate as well.)
Although Stafne Trumbull PLLC has now closed, their fight for justice for the people of America against government-corporate interests goes on. No matter how hard evil seeks to impose its darkness, it can never win.
An end is a also a beginning… A beginning which can and will promote a more godly world than the materialism of the empire has imposed upon all of us.
Mr. Stafne is admitted to practice law before the United States Supreme Court and in all the courts of the State of Washington. He is also admitted to practice law before the Ninth and Seventh Circuit United States Courts of Appeal as well as the United States district courts for western and eastern district of Washington. Stafne has appeared in other state and federal couts pro hac vice.
Stafne ran for the Supreme Court against Justice Susan Owens because of his belief that the judicial system was not working properly. He identified three unpublished cases to make his point. Stafne argued that the fact that most Washington court of appeals decisions are not published makes its law unpredictable and allows for unfair results.
Scott Stafne has written a blog since he ran for Supreme Court Justice against Susan Owens in 2012 called: Contemporary Thought Leadership and Law. So his position on many issues is well documented.
He has also produced a series of videos on “gardening and government”:
Stafne also hosts, along with Kathleen McCarthy, an internet radio show called “Taking Back our Country”.
When asked what he would do differently if he were Washington’s attorney general, Stafne responded:
I would not promise to hold the banks accountable and then hire the banker's own lawyers to protect consumers knowing those lawyers had a conflict of interest.
I would affirmatively challenge the federal government's encroachment on Washington's core sovereignty.
I would prosecute white collar and political crime.
I would not seek donations from those the AGO is prosecuting or considering for prosecution.
Stafne has significant experience litigating cases before judicial and administrative tribunals on a variety of issues. These cases include, but are not limited to:
Whether Supremacy Clause of United States Constitution preempted LUPA’s 21 day limitations period.Jackson v. Quality Loan Serv. Corp., 186 Wash. App. 838, 347 P.3d 487 (2015) review denied ___ Wash.2d ___ (Oct. 2015).
Whether Wash. Const. Art. II, § 28 and Art. IV, § 6 prohibited Washington legislature from giving effect invald deeds containing power of sale clauses.Briggs v. Seattle School District No. 1, 165 Wn. App. 286 (2011) review denied 2012 Wash. LEXIS 319 (Wash., Apr. 24, 2012).
Whether Superior Court had the authority under the Constitution to hear an appeal in the absence of a record which complied with RCW 28A 645.020.Weikal v. Washington Dep't of Fisheries, 37 Wash. App. 322, 679 P.2d 956 (1984).
Whether granting licenses to only some crab fisherman to take crab from state waters violated equal protection and/or special privileges and immunities clauses.Freeman v. Hittle, 747 F.2d 1299, 1301 (9th Cir. 1984).
Washington State Liquor Control Board regulation requiring a club to disclose its membership before it would be issued a club license to serve liquor did not violate minister's constitutional right to free association, although minister contended that disclosure of religious organization's predominantly homosexual membership would subject members to harassment.All Coast Fishermen's Marketing Association v Confederated Tribes (1979).
Whether under the separation of powers a United States District Court Judge had authority to issue an injunction prior to the completion of judicial review where the statute specifically precluded District Court from doing so.
Findings of Fact and Conclusions of Law Following Bench Trial denying Knecht’s claim that attempted nonjudicial foreclosure was unlawful.Knecht v. Fid. Nat. Title Ins. Co., No. C12-1575RAJ, 2014 WL 4057148 (W.D. Wash. Aug. 14, 2014).
Judge refuses to vacate decison and indicates his policy is not to cite unpublished state court decisions thus obviating Burkart’s federalism concerns: “Because Washington courts have made the judgment that "unpublished" state court decisions should not shape their decisions, this court follows their lead. The court notes that Washington courts take a similar approach, giving effect to the "unpublished" dispositions of other courts only to the extent that the other courts would permit it. Wash. GR 14.1(b).”Robertson v. GMAC Mortgage LLC, 982 F. Supp. 2d 1202 (W.D. Wash. 2013).
Judge rules current owner of property has no standing to pay off prior deed of trust. That and other rulings in that case are currently on appeal to the Ninth Circuit which has scheduled oral argument for December 11, 2015 in Seattle.
Growth Board had jurisdiction over municipality’s denial of a docket request pursuant to Growth Management Act.Lake Armstrong LLC v. Snohomish Cnty., No. C09-0250-JCC, 2012 WL 3637378 (W.D. Wash. Aug. 22, 2012).
Court refuses to apply supremacy clause principles relied upon by different federal judge in the Western District in Holy Ghost Revival Ministries and by another federal judge for the Eastern District of Washington in Muffett v. City of Yakima, 2011 WL 5417158 (E.D.Wash.2011).Stafne v. Snohomish County, 156 Wn. App. 677, 234 P. 3d 225 (2011).
Appeal to Growth Board would have been futile as Growth Board had held it had no jurisdiction to hear appeals of denial of docketing decisions.Twin Falls, Inc. v. Snohomish County, CPSGMHB Case No. 93-3-0003.
Twin Falls is a final decision and order of the Growth Board determining the meaning of the term “Forest Land” under Growth Management Act. Subsequently, the decision was overturned by legislature, which adopted the definition proposed by property owners.
Whether Secretary of Commerce provided fishermen and public with sufficient information about fishery plan to enable intelligent comment, as contemplated by Fishery Conservation and Management Act and federal regulations.
Whether claims of longshoremen were moot because they were not likely to recur; whether claims of longshoremen for wrongful failure to pay compensation against employer were barred by the exclusivity of Longshoremen and Harbor Workers Compensation Act.
Whether a principal of a dual agent is discharged from liability where settlement agreement contemplated otherwise.Nelson v. Schnautz, 141 Wash. App. 466, 170 P.3d 69 (2007).
Whether attorney committed malpractice by failing to timely file under probate statutes?
Court held judge had no discretion not to apply compromise of misdemeanor statute because he did not like compromise statute.
In addition to writing legal documents, Scott Stafne also writes creatively. Given the current state of the judicial system Scott has decided that spending all of his time writing legal briefs for judges is not the best use of his time. Accordingly, as part of Stafne Law Firm’s full spectrum advocacy to securing justice for the people, Scott will spend much more of his time writing for the public as opposed to writing for judges and magistrates.
Obviously writing for the public generally will not as effective as being allowed to present his clients cases to juries, but under the court rules of the empore citizens hace less than a half a percent chance of getting their case heard by a jury.
Here are some representative examples of Scott Stafne throughout different periods of his life.
The sky was dark-- My hopes were bleak- - Death was the only refuge I could seek. I 'd lost all that really mattered. My hopes and dreams Had all been shattered . Every night in bed I' d lie asking God to make me die. Then one morning my sorrows spun round, and I went up and they went down. Into the clouds I did sail- - No more trouble to avail . I met my Lord and his Son. I met the Apostles, One by one. All together We talked of Man. How he would end, and how he began. We talked about how men were bad, and as we condemned them our God looked sad. He took a deep sigh and then began: "Of all l my creatures I love most Man."
“...this short play I will now dedicate to the soil my people will soon consecrate” Scene 1; Act 1: This play shall begin as all things must in the barren emptiness we are told to trust. A black stage, so dark and still that tingles of shivers excite and chill. Soon a light, too much blood red, illuminates the stage and reveals a bed. Within the sheets, sleeping quite sound two lovers are now peacefully bound. An alarm rose off. The subtle nakedness of silence is betrayed with rape. A naked figure hurries to bring about escape. She flees across the room and finds the clock upon the floor and makes it stop. She stands now quietly, completely alone admiring the form which her body has grown. Her lover, now roused from peaceful rest sits up and reveals a woman’s breast. Their eyes meet across the room. Her: I’m sorry. I forgot about the alarm. I’m sorry. You wanted to sleep. I know you did. I am sorry. You wanted to sleep. She: What time is it? Her: Only a little past seven. The morning’s only just begun. (Gentle Jesus upon the cross) We can still sleep. She: The shadow of your body black against pregnant skies giving birth to a sun... Her: (self conscious of her nakedness turns her back to her lover) Its too easy to understand your words. Not now. The day is only beginning. Your compliments belong to the night when I doubt. She: But love knows no proper time. Her: Love is fraud... I long for the night who’s darkness will hide me. But not now. Not in morning’s first light. Not when hopes can come true. Is it love? Oh God, yes Its love... But I can’t... I can’t (now quietly) love. She: (emerges from the bed and moves to face her friend) There is never a special moment devoted to love. Love must be all moments... it must rule time. If you can acknowledge your love only when within a shroud of darkness, then it is not love. You will rot let it become real love. You hold your love within -- for if you set it free, there would be no darkness. (She takes Her in touch. Subtle smiles brush. Faces flush. She holds Her tight. The lights bring night.) CURTAIN. Scene 2: Act 1: Now, how the second scene should I begin? The world still lingers with sin. Yes, yes, the world’s begun, how long its spun! Yet, nothings been won. Each day darkness overcomes light As the sun is conquered by night. So with darkness our scene begins -- void of life, thus, without sin. A red light comes on. A naked man begins to appear. As the lights brighten he becomes more clear. He stands erect on the center of the stage -- the prototype of Man in a more natural age. He raises his head so that his eyes pierce the sky, seeming strangely alive and unable to die. Now, he raises his arms to embrace the stars, to touch his God who lives so far... A fig leaf covers his groin. Man: (his prayer now over, he sits like an Indian on the stage. The lights become brighter and illuminate his nakedness.) The ages have not been kind to me. Nor have they betrayed more than I, myself. I stand uncovered and naked... I am alone. I ask no covering. I am joyous. I have no bark. I, unlike a tree, chose to know myself. I will not imagine the instrument of my lust as bigger or smaller than it is. I shall know... because I can see... No artificial covering shall ever conquer me!!! (Erotic music now floods the stage. Man’s short life turns another page. Woman, gentle Woman, now appears on stage -- naked and precious in any age. Her breasts -- white loaves of creamy bread or soft, pure cushions to lay one’s head or sexual objects to fondle with greed or nourishing nipples with child to feed. Solitary Woman stand naked on stage.) Man: Tis fortune -- the God of gods -- that has sent you. (He stands. His fig leaf floats in air atop the erection that is noticeably there. He tears it from himself and is naked before all. They approach center stage and in each other’s arms, they fall.) Woman: I came because I need. Man: I want because I need. Together: We can love because we need. (Slowly upon the center of the stage, far beneath the sky above, these two naked lovers now begin to love. The erotic music stops. The doxology begins. Red fades to yellow. The stars ask, “What is sin?” CURTAIN Scene 3: Act 1: Ashes are only ashes; Day is only day. Darkness always comes. It does no good to pray. The curtains will only open, they will never close. Man will become naked and refute all he knows. On stage the lights are very red and conceal but hands and heads. A group of people all huddle there while bombs and bullets fill the air. The noise is unbearable. Politician: The time for action has now arrived if we are to keep what we hold dear. Its now become a question of ideals. Can we continue to forsake our integrity? Shall we let them take our freedom? Blood, too much blood, has baptized our rights and damned their souls. It is time to fight. Soldier: Yes, he’s right. We can wait no longer. We must fight! We must fight as our forefathers fought and as their ancestors fought so we must fight so our sons will say that we have fought. Yes, dear God, we all must fight. (Now the people do shout and cheer. Surely, the will of God be here!) Politician: Let each person defend his rights! We can do it with collective might. Soon we shall fight when the guns are here. (No sooner does he say this than the guns appear.) Take a gun in your arms and cherish it because it will save you from the tyranny of their society. They will soon now approach. Shoot them quick we are above reproach. So take a gun now -- Your world to defend -- Don’t let these monsters our society end. (The people take their guns and hold them close and dear, almost like a god they love, but whom they fear. Bombs are sounding in the sky. Bullets blast through the air. People now exit with their guns leaving one man there. Alone, he stands upon the stage -- He sheds his clothes in a furious rage. He is the Man of another age.) Man: You ask me to defend when you give me nothing. A way of life you want me to preserve, when I cannot preserve my nakedness or even my love. You need the cover of darkness. I do not. I don’t have to defend your country. My country is within myself. (Quickly the darkness is gone As throughout the theatre lights flash on. Man still is naked against a lighted plain. “Til everyone has gone, on stage he will remain.)
There upon the mountain at it’s peak. We lived. I know that once, we were there as once. As a part of the mountain snow cap. We were all and more. I remember Mindy in the mountain through the fog of this city. Through the layers of anxiety that I have heaped upon myself. Memories. Time is an island. The present is the ocean and it has no depth. The child that born me seems more like dream than a reality. The future is expected, but not anticipated. The time hurries away in cars and faces… The seasons blur into a present that takes so little into account. I hear Mindy in the mountain -- Calling… calling with the clarity of frozen water and frosty breath. Mindy in the mountain. It’s little wonder then that you came into my bed… The loneliness of this mass of bodies. makes you want to be close. To become a part for a moment… To shed the clothes of your fears and reveal to yourself and your lover the mystery and myrical of your existence. Your hands are soft against my back. It's not that I don't care but on the mountain there is no time for anything but survival And that brings sharing. Sharing to live. There is no time for lies. And God told us to be honest. Death has taken many from me. To Mindy on the mountain. And as I roam amidst the channels of people far below Mindy’s mountain I wonder about our love… Momentary -- fleeting Yet real in an unreal way. I will not be deprived of my honesty as long as I feel it. But here so far below the mountain I fear the city distorts my perceptions. Do not lose the anger or hatred. Do not turn from the rock into the stone that is thrown against the heart of loneliness. It is difficult to live in the city when Mindy’s mountain remains a memory.
in our town square there is a statue of some general riding a horse; both are carved from iron. i love the horse and hate the general. sometimes i think i would be the most content man in the world if i could be that iron general riding that iron horse. i want to kíll the general– but he is not alive. i hate him. i want to blow him up. but he is one with the horse. They are one thing. How can this be? I cannot destroy him alone. What should i do?
It is Time!!! Ìts time to re-dedicate myself to myself and the finer goals which i once called rnyself. WORLD -- you won't destroy me v¡ith your money or your power Because I arn too frail to play those games... I will fight, as I rnust, on paper with ideas-- Ideas for all people… not just lawyers and judges and bureaucrats It's Time. IT IS TIME to scream what I want to say even though sometimes it don’t know what that is.
I’ve been around time and again through the circles and over the squares. Time is a great teacher and I feel taught. And this is what I’ve learned: Sins of the flesh may mean the devil has influence. Sins of the spirit means your soul is his, not yours. I’ve been around to the point where I know love can control the skies and the moon and you and me. Life is what you make it and the Earth is no more than you want it to be.
Popping vitamins... Lifting weights… Fighting middle age! Why do chests fall and stomachs bloat? Why do faces tend to sag?
The question you pose about Art is basic- Who is more important the artist or the observer? Don’t you see its got to be the creator- But who makes it art? The artist or the observer?
Rage; Rightful Rage... Flaming among peoples... Generational rage... The same ageless Revolution... Where are the guillotines? Don't you read history? Slaves will and must revolt... Money accumulated through evil will be worthless... Stars will explode. It will be too late! The rich and powerful will not get through the NEEDLE. Red covers green.
Ancient... Forbidden... Knowledge... Beyond our lives and our ancestors lives... Pre-human... From the cosmos of life... Questions. The first musings. Awareness of surroundings... Absorption, Perception, Recognition, Creation... Dying The dying of species and birth on new ones... Ancient and modern grown apart as planets changed... Ancient and lost... Lost more than forbidden.
Strongest of the litter-- Never meant to die… Champion of the bulldogs. You were difficult to train. We never could suppress the wiggle of your hips when we approached… or the luge of the instant our bodies became available to you. Your brown eyes which betrayed every basic emotion know to people or dogs… And the Love. That’s what I remeber the most. The unconditional love you gave to us. And now the Goodbye that should never have been… At least, not now in your youth and our middle age. Phoebe, you were like a child that born us and nurtured us. Never in my wildest dreams would I realize how much I cared… How much you meant and were and are… The lesson I learned from your passing]is simple… Take care. Renew each day with the wonder and peace that can characterise life and that characterized your life. Don’t jump up on God Don’t pee on the clouds And stop your barking sometimes Phoebe, I loved you more than we knew. I always knew you were more than a dog… You were a beautiful spirit onside a dog’s body… I hope our paths cross again when you return.
That astrophysicist sleeping on the church floor once had two Maseratis and four houses… The lawyer twitching next to him was rated a super lawyer from 1997 through 2003... The 70 year old widow of the newspaper owner was shivering on the church step just outside the main entrance… Even now, even here there was an order to things… Many who had slept here before now rested in wooden boxes below the ground or had become part of their air we breathe after they were cremated by the empire.