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

The Superior Court of Washington for Spokane County, initiated, sua sponte, and self­prosecuted 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 court­appointed professional guardian has a property interest in the business expectation of continued fees, and a pre­deprivation 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.