In the Matter of the Estate of
No. 90-4-01128-6




            Douglas A. Schafer, attorney for Donald Barovic, individually and as trustee of the Donald M. Barovic Trust, a party to this action, moves this Court for an Order assigning this action to a visiting judge from another county Superior Court or, if not, then to a department other that Department 12 (Judge Grant L. Anderson) of this Court for the reason that I have good reasons to believe, and I do believe, that my client cannot have fair and impartial rulings in this action before any department of this Court and, specifically, before Department 12 thereof.

            This motion is based upon my supporting statement, declared under penalty of perjury, immediately following.

Douglas A. Schafer, Attorney for Donald Barovic
WSBA No. 8652


            I have good reasons to believe, and I do believe, that my client cannot have fair and impartial rulings in this action before any department of this Court and, specifically, Department 12 (Judge Grant L. Anderson) thereof.

            I have been publicly and privately prodding the elected judges of the Pierce County Superior Court to address and correct publicly recognized problems in the Court's handling of guardianship cases, as evidenced by Exhibits A and B, attached. To publicly illustrate those problems to all potentially responsible legal professionals and others, I have published and distributed transcripts from the guardianship case of my client's father, the late Mike Barovic (Cause No. 94-4-00288-3). That guardianship case terminated with the death of Mike Barovic in May, 1994, four days after Judge Karen L. Strombom (now Presiding Judge) denied the Motion to Revise the guardianship order entered by Commissioner Paul M. Boyle.

            I began representing Don Barovic on July 9, 1995. Before that time, I had distributed throughout Pierce County and the entire state of Washington hundreds of copies of the above-referenced transcripts illustrating, in my opinion, deficiencies in the Pierce County Superior Court's handling of guardianship cases. In the last month, Don Barovic has distributed hundreds of additional copies of those transcripts to members and staff of the Washington Legislature and other state officials, and urged the adoption of legislation that may correct some of the recognized problems in Pierce County and, possibly, elsewhere.

            Concerning, specifically, Department 12 (Judge Grant L. Anderson), I do not believe that I or my client, Don Barovic, can receive fair and impartial rulings by him. He has presided and made discretionary rulings in two other cases involving disputes between members of the Barovic family, namely Foley and Roseberg v. Barovic and Barovic (Cause No. 93-2-07375-1, hereafter the "Partition Action") and In re Estate of Mike Barovic (Cause No. 94-4-00800-8). Subsequent to those rulings, I have determined, through reviewing Public Disclosure Commission reports and other documents, that opposing (and successful) counselors in those cases (Messrs. Dille, Campbell, and Vandenberg) had been public endorsers and financial contributors to Judge Anderson's prior election campaign to this Court and/or the Washington State Supreme Court. The receiver selected by Judge Anderson in the Partition Action, Mr. Dayle Collison, was also a campaign contributor of his, and presently is now the listing agent for one of the partitioned properties awarded recently in the action jointly to the sisters who opposed my client.

            In addition, I personally have been making inquiries into the handling by Judge Grant L. Anderson, during the almost four years, and particularly the last few months, before he became a judge, of the Estate of Charles C. Hoffman (Cause No. 89-4-00326-3). Based upon the public documents that I have reviewed and the individuals with whom I have spoken, I believe that a full investigation into his and his firm's handling of that estate is necessary. Attorney S. Alan Weaver, who represents Key Trust Co. of the Northwest in this action, represented Mr. Anderson in his capacity as personal representative in the Hoffman Estate; and Mr. Weaver is aware of my investigation into that matter. I also know that Judge Anderson's judicial assistant, Ms. Fontana (a/k/a Ms. Van Sittert), who was an associate lawyer at his firm during the period in question, and other former members of his firm are aware that I am investigating that matter; and I believe that Judge Anderson likely has been made aware of my activities in that regard. If a full investigation by appropriate authorities or private counsel for affected parties confirms my suspicions, then Judge Anderson may be removed from the bench.

            For the foregoing reasons, I do not believe that my client, Don Barovic, or I, as his counsel, will receive fair and impartial rulings by the various departments of the Pierce County Superior Court and, specifically, by Department 12 (Judge Grant L. Anderson).

            I declare under penalty of perjury under the laws of the state of Washington that this statement is true to the best of my knowledge and belief.

February 2, 1996
Tacoma, Washington
Douglas A. Schafer, Attorney for Donald Barovic
WSBA No. 8652