\

July 20, 2015

Kansas Commission on Judicial Qualifications
301 S.W. Tenth Avenue
Topeka Ks 66612

TIllS COMPLAINT IS AGAINST 11TIIDiSTRICT JUDGES LORI BOLTON FLEMING,

KURTIS LOY, AND A.J. WACHTER FOR USURPATION OF OFFICE UNDER K.S.A. 601201, K.S.A. 60-1202(1)(2)(4)(5), K.S.A. 60-1205, K.S.A. 60-1206(a)(b), K.S.A, 60-1207 and
for violations of RULES RELATING TO JUDICIAL CONDUCT CODE OF JUQICIAL
CONDUCT Rule 601A which are the following: Rule 1.1, Rule 1.2, Rule 1.3, Rule 2.1, Rule
2.2, Rule 2.3, Rule 2.4, Rule 2.6, Rule 2.9, Rule 2.10, Rule 2.12, Rule 2.13, Rule 2.15, Rule
2.16, Rule 3.1, Rule 3.5, Rule 3.6, Rule 4.1, Rule 4.2 for improperly influencing a BAR
attorney who was the 11thjudicial chief judge's brother to end his priv,ate onqmic

radio

contract and ruin a Grand Jury Petition, and Rule 5.4 of The Uniform Bonding Code (UBC).
I recently signed a "GRAND JURY PETITION" that was filed in Crawford County under case
number 2015MR2P on May 19, 2015 to impeach all 11thdistrict court judges !'of conflicts of
interest.

During the ninety (90) days we had to get the required register voter.signatures

to

empanel a "GRAND JURY" so we attempted to run an ad on a radio station to help advertise

our "GRAND JURY PETITION'.

We had a paid contract with "MY TOWN MEDIA WHICH

IS OWNED BY ATTORNEY BILL WACHTER" which was paid $300 to run the ad for (30)
days on "Mike and Mike" in the morning starting on February 18th, 26t5.at 7:15 a.m. when
everyone is on their way to work so they could hear the advertisement.

The advertisement

ran for only two (2) days before Lori Bolton Fleming violated our constitutional

right to

unlimited contracting under Article 1 Section 10 of The United States Constitution

and

"USURPED" her judicial office and "INTRUDED" into a "GRAND JURY PE'I1TION" and a
"ECONOMIC CONTRACTUAL RADIO AGREEMENT' by sending an e-mail to attorney
Bill Wachter at 1:43 P.M. on 02/19/2015 (WHICH IS PRIVATE BUSINESS NOT A
JUDICIAL FUNCTION NOR A MINISTERIAL ACT ON OUR TAXPAYERS TIME) and
having an ex-parte conversation which violates Rule 2.9 Ex Parte Communication,
avoiding inappropriate

Rule 1.3

use of the prestige of judicial office, Rule 2.1 .GivingJ?recedence

to

the Duties of Judicial Office, Rule 2.2 Impartiality and Fairness, Rule 2.3 Bias, Prejudice, and
Harassment, and Rule 2.4 External Influences on Judicial Conduct and "INSTRUCI'ED HIM

TO GET OUR RADIO AD OFF HIS RADIO STATION'!!!!!!! Joe Mans of ~ Town Media
called me right after that and instructed me that their FCC attomey.bad:Said Jt was a FCC
violation for them to run the ad and it had to be taken off the air and would not be ran
anymore.
The exact email messagewassentat02l19/2015at1:43p.~.to100.7
ESPN from Lori Fleming <lfleming@11thjd.org> ancl-lt~~

this your

station? Kurt is saying Eric Muathe and posse cometaut have an ad on

this station to oust all the judges. I would just like know since my kids
w

which is signed LF for the inititials LF and undel"llfath it

says Hon. Lori A. Bolton Fleming, Crawford CountyDi5tnct-~urt, 602

N. Locust, Pittsburg, Ks 66762, 620-231-3570, Ifleming @11thjd.org and
it has been included with this complaint for evidence.
Lori Fleming definitely violated Rule 1.3 Avoiding Inappropriate use of the P",stige of
Judicial Office because COMMENT[I] says "It is improper for a judge tome-or~ttempt to use
his or her position to gain personal advantage or deferential treatment of any kind. For
example, it would be improper for a judge to allude to his or her judicial status to gain
favorable treatment in encounters with traffic officials. Similarly, a judge ~
not use
judicial letterhead in conducting his or her personalbusiness. COMMENT[2]",ys "A judge
may provide a reference or recommendation for an individual based upon the judge's
personal knowledge. However, the use-ofjudicia1letterhead for anything other than official
court business should be exercised with the utmost caution. A judge should only use judicial
letterhead when its use could not reasonably be perceived as an attempt to ~propriately
use the prestige of judicial office to influence others." She also violated-Rule 2.i Giving
Precedence to the Duties of Judicial Office as it says "The duties of judicial office, as
prescribed by law, shall take precedence over all of a judge's personal and extrajudicial
activities." COMMENT[l] says "To ensure that judges are available to fulfill ~
judicial
duties, judges must conduct their personal and extrajudicial activities to~
the risk of
conflicts that would result in frequent disqualification." COMMENT[2] says Although it is
U

not a duty of judicial office unless prescribed by law, judges are encouraged to participate in
activities that promote public understanding of and confidence in the justice s...x~tem."I don't
think calling people names like "posse comitatus" on her public job duty time~ 1:43 P.M.
promotes any confidence in the justice system. She allowed externa11nfluences to influence
her judicial conduct which violated Rule 2.4 External Influences on Judicial
Conduct(A)(B)(C). She also violated Rule 2.3 by making a "demeaning nickname" and

negative stereotyping anyone that signed the "GRAND JURY PETITION'

as "BpSSE

COMITATUS"!!!! By making a demeaning nickname like "POSSE cOMrrAil1~"shows that

Lori Berning violated Rule 3.6 Affiliation with Discriminatory
discriminating

against the peoples "CONSTITUTIONAL

Organizations

as she is

RIGHT TO SIGN A PETITION'!!!

It also shows Judge Kurt Loy also knew about this and chose to conspire to ~

and

interfere into a private business contract to ruin a grand jury petition.as welJ.as1Lori Fleming.
It shows that Kurt Loy)Lori Fleming both violated Rule 2.5 Competence, Diligence, and
Cooperation (A) since they are not performing their judicial and administrative
competently

duties,

and diligently because they are worried about a radio ad at 1:43 P.M. on

February 19,2015 when they are both supposed to be focusing on their judicial.and
i

ministerial duties. Chief Judge A.J. Wachter has now violated Rule 2.12 Supervisory Duties
(A) which says "A judge shall require court staff, court officials, and others subject to the
judge's direction and control to act in a manner consistent with the judge's obligations under
this code."
Since the "GRAND JURY PETITON' was for the purpose to impeach theH1:hdistrict

judges

I feel she violated Rule 4.1 since she is making speeches in her email to attorney Bill
Wachter about the possibility of losing her political job and she should not be calling people
"POSSE COMITATUS" ''WHICH IS A RACIAL NAZI SLUR" which the co~

of Crawford

County has been known to do in the past according to attorney Mark Fern.iaJ:he public
court case number 14CV14P where attorney Mark Fern who filed a "MOTION TO S1RIKE
THIRD-PARTY PETITION AGAINST DEFENDANTS FERN & ANGERMA YER LLC AND
STEPHEN B. ANGERMA YER AND FOR SANCTIONS" and he says on state~t

5 p~ge 2

comparing the Pro Se client to something called "Kansas Militia Members" .andjon statement
14 of page 6 says that the Pro Se clients tactics are what "THIS COURT' meaning
"CRAWFORD COUNTY" that this court commonly associates with the "KANSAS
MILITIA"!!!! The statement of people representing

themselves being "MILITIA" by the 11th

judicial district court is just one of the bias and prejudices and due process vi0u,tions that led
to the "GRAND JURY PETITION" to impeach all 11thdistrict court judges. "Maybe attorney
Mark Fern had spoken with Lori Fleming since she was one of 3 district judge members of
"the court" in the 11thjudicial district in Crawford County in 2014 .when that statement was
made public when it was filed. Lori Fleming's "Posse Comitatus" statement<~2/19!2015
against everyone who signed the grand jury petition shows an extremepattem'of

bias,
I

prejudice, and slanderous demeaning nicknames of "KANSAS MILITIA" and "POSSE

COMMATATUS" for anyone who wants to represent themselves in court and possibly wants
to save themselves a lot of money from paying an attorney anywhere from $200 to $400 an

hour for nothing more than calling their old law buddy and working out ~ "conflict of
interest deal" which should be a violation of Rule 2.1l(A).

The definition of Posse Comitatus says is also the named taken by a right wing, anti-tax
extremist group founded in 1969 by Henry L. Beach a retired dry cleaner and one time
member of the silver shirt, nazi inspired organization that was established in ~ United
States after Adolph Hider came to power in Germany. The group opetated'OD,.:fhebelief that
the true intent of the founders of 'The United States was to establish a Christian Republic
where the individual was sovereign.
Lori Fleming also failed to report Bill Wachter for lawyer misconduct for his-~ parte
conversation with her on her email to him. which is a violation of Ru1e,.:2..-lS;~ponding to
Judicial and Lawyer Misconduct. The business contract between Summary Judgment Group
and My Town Media 100.7 ESPN was non public information that Judge Lori Fleming was
writing about with a private attorney who she previously was employed with "Whichviolates
Rule 3.5 Use of Nonpublic Information. The fact that both Kurtis Loy-:an.dLori:Fleming
already knew that a "GRANDJURY PETITION' was in progress by c/o Eric Muathe and
Noah Day The Summary Judgment Group since Eric Muathe had previously sent in
complaints and showed them copies of signatures while the petition was in p;t'ogtess. The
fact that Lori Fleming even stated anything about a "radio ad to oust judges" ~olated Rule
2.10 Judicial Statements on Pending and Impending Cases. Statement {A)-under Rule 2.10
says "A judge shall not make any public statement that might reasonably be expected to
affect the outcome or impair the fairness of a matter pending or impending in any court, or
make any nonpublic statement that might substantially interfere with a fair ~ or hearing ..
Statement (B) under Rule 2.10 says "A judge shall not, in connection.witb-c~t
controversies, or issues that are likely to come before the court, make pledges, promises, or
commitments that are inconsistent with the impartial performance of the adjudicative duties
of judicial office.
J also think it is "EXTREMELYUNETIIJCAL" for Lori Bolton FlenUng~ct
Judge to
actually write a letter to attorney Bill Wachter who is a private member of Crestwood
Country Club with her, a Private member of the Catholic Church with her, he is the exmanaging partner of a law firm that she was previously employed at and her ~band and
father-in-law previously owned at "WILBERT AND TOWNER". To make~ers
worse the
attorney Bill Wachter's brother is A.J. Wachter who is the chief 11th judicial district judge
and the one that Lori Fleming refers to on a "FIRSTNAME BASIS"when she wrote "Dear

A.J." instead of Dear "Honorable A.J. Wachter" in a letter where she r~

number 15CV04G Travis Carlton vs. Kansas Department

from case

of Revenue.

These were the exact reasons there was a grand jury petition filed on May 19, 2015 to oust
the l l= district judges under K.S.A. 60-1205 and K.S.A. 60-1206. The 11thdistrict court
judges all know each other personally and have economic ties together such as.t0ri Bolton
Fleming used to work with A.J. Wachter and his brother Bill Wachtenlt~!t
Towner and Judge Kurt Loy rents his building to her father-in-law-

and

Mark Bolton's CPA firm.

I can't believe a judge actually took it upon herself to write an email to a local attorney
because Bill Wachter is the president of "100.7 ESPN MY TOWN MEDIA ~

interfere in

his economic $300 radio contract with "Summary Judgment Group"-net~meaning

nickname and demeaning stereotyping

of being called and categorized as "POSSE

COMMATUS" which clearly violates Rule 2.4 External Influences on Judicial Conduct(A)
which says "A judge shall not be swayed by public clamor or fear of criticisrq," Rule 2.4(B)

'.

says "A judge shall not permit family, social, political, financial, or othe-rmtajests
relationships

or

to influence the judge's judicial conduct or judgment. "Rille 2.4(C) says "A

judge shall not conveyor permit others to convey the impression that any person or
organization

is in a position to influence the judge.

Please have the "Disciplinary Administrator

Oversight Committee:~

matter

due to the conflicts of interest with the Kansas Commission on Judicial Qualifications Panel
A and Panel B have with Robert Fleming because he was the former chair on the Kansas
Commission on Judicial Qualifications and former member of Panel B and I n~d an unbiased
committee to investigate the blatant "USURPATION OF OFFICE" -by Leri~n
who is his daughter-in-law!!

Fleming

Attorney Bill Wachter also needs investigated for violations of

KRPC Rule 1.7 Conflict of Interest, KRPC Rule 1.8 Conflict of Interest Prohibited, KRPC
8.3(b) Reporting Professional Misconduct by failing to report Lori Fleming for v-surpation of
power, and KRPC Rule 8.4(a)(b)(c)(d)(f)(g).

He also lied to "Joe Mans"of'tMy

JJ'own Media"

who called me personally "Kasey King" since I was the one who personally handed

"Joe

Mans" the $300 for the contract at "My Town Media" and informed Joe Mans to lie to me
and tell me "their FCC lawyer said the ad was a violation and it needed to be-taken off the air
immediately"!

This message is recorded and is waiting to be used for "evidenc;'

future civil lawsuit against "My Town Media" for damages from breacb-of~act,
deprivation

in a possible
and

of rights under Title 42 USC 1983. Their was no FCC lawyer the lawyers were

"Judge Lori Fleming", "Judge Kurt Loy", and "Attorney Bill Wachter" who usurped and help
"BREACH THE CONTRACT" between "My Town Media" and "Summary Judgment Group".

This complaint will be forwarded to the "OFFICE OF DISCIPLINARY ADM~STRATOR",

"ATTORNEY GENERAL",AND "KANSASINSURANCE COMMISSlONEr~r
a complaint
on Attorney Bill Wachter, Judge Kurt Loy, Judge A..J. Wachter, and Judge Lori Fleming's
BOND under K.S.A. 60-1205 and K.S.A. 60-1206 for conspiring and collaborating to
intentionally usurp/ intrude and interfere into a "constitutional grand jury ~tion" and an
"economic contract" which should make them "UNBONDABLE"under 5A~ The Uniform
Bonding Code - (UBC)which says "A judge shall lose his bonding, shall not be bonded, and
shall be deemed unbondable if he fails to protect the U.S, national constitutionally
guaranteed remedies of due process and the equal protection of the laws of the citizen
appearing in his court of law, or any citizen appearing in any court of the c0u.np' in which he
works whose case may come to his attention". I think intruding andinterfenng into a
"GRAND JURY PETITION" and "ECONOMIC RADIO ADVERTISEMENT" clearly violates
due process, clearly shows Lori Fleming engaged in willfull misconduct while on a judicial
county computer, and clearly violates any moral turpitude of a penal statute.
In re Robertson, 280 Kan. 226, 120 P.3d (2005). A district court judge -admittea:violation of
the judicial districts administrative order regarding computer and internet usage when, over
an extended period of time, he used the county owned computer located in his office at the
courthouse to access and display sexually explicit images, messages, and matetifs. The
Supreme Court found violations of Canonl, Canon 2, and Canon 4(AJ(1). lllie tourt ordered
removal from office.
Lori Fleming has also violated examples of Ethic Advisory Opinions for all of her above
mentioned actions and they are the following:
In 2005 JE-128A judge may not write a letter to a nominating committee ~qualifications

of

a candidate since a judge shall not publicly endorse or publicly oppose a candidate for public office.
Canon SA(l). How does Lori Fleming not violate this with her e-rnall to Bill Wachter talking about Lori
Fleming, Kurt Loy, and A.J.Wachter's position in public office which a radio' ad is advertising to impeach.
Lori Fleming also hasviolated Examplesof conduct To Be Improper from the 2003 Annual Report of
Commission on Judicial Qualifications example number 1 which says tlAj~alle"aI.mily,

social,

political or other relationships to influence the judge's judicial conduct or judgment and failed to
respect and comply with the taw. The judge entered into a stipulation to ~esign,not accept a position
or serve as a judge at any future time, and submit a letter of apology to the residents-of the judicial
district. She also violated example 2 which says "A judge's letter to the county attor:ts
have construed as an attempt to dictate how that office should operaten.lbe:~aIge

office could
. s cautioned

about future correspondence. This is exactly what she did in James RussiansFederal Caseof 14-10018EFM United States vs. James Russianby sending an emaiJto the prosecuting attorney in that caseto
keep Mr. Russianfrom getting IIBOND"and she also dictated how liMy Town Media" should be allowed

to contract.

She also violated example 7 which says "A judge was informally

inappropriate

to engage in ex-parte communications

in a home rather than in a courtroom.

advis:,~

and further inappropriate

it is

to .,.

court matters

Ajudge should not be involved in the execution-of

orders in that

fashion and Lori Fleming should not have been executing orders at 01:43 P.M. on 2/19/2015

to end

Summary Judgment Groups contract with My Town Media. She also violated example number 9 on the
2003 Annual Report for Examples of Conduct Found To Be Improper which says "Ajudge\was

cautioned

to follow Canon 2C, which sets forth speech, gestures or other conduct that oould'ge~eived
reasonable person as harassment.

by a

A judge is to be cautious in making comments,av6idirig

which may be perceived as unwelcome.

'think

calling us "Posse Commitatus"

any conduct

and ruining our radio

contract Ad with My Town Media is a violation of Canon 2C also especially since Honorable Lori Fleming
is currently

hearing attorney William Wachter's cases of "Wilbert,

Fleming" which her father-in-law

Towner, Lassman, W~hter,

Robert Fleming owned and l-ori Fleming workedwitb

who is the brother of Chief Judge A.J. Wachter at "Wilbert

and

~illiam

Wachter

and Towner".

Lori Fleming has also shown a behavior of conduct that past Annual yearly reports from the Kansas
Commission on Judicial Qualifications

have shown as examples which are:

On the 2012 annual report examples for conduct that is improper it states,tbat-aJudge.was
have violated Rule 1.2 by making an inappropriate

joke while appearing on a radio program.

was cautioned about future word choices and the importance

is important
comitatus"

how inappropriate

found to

of public perception.

The judge

If public perception

is it to have an ernail floating around with slanderous names like "posse

being said about the public people just because they wanted to, sign a ~ition

FLEMING EXAMPLE".

"LORI

'"

Another "LORI FLEMING EXAMPLE" under "IMPROPER" for 2013 says "A judge was found to have
violated Rule 4.1{A}(4} anctComment
judge's opponent.
statements".

{7} by running an untrue radio advertisement

referencing the

The judge was cautioned to be scrupulously fair and accurate in future campaign

"SAME AS LORI INTERFERINGIN OUR RADIO AD AND CALLING US POSSEC~MITATUS

INSTEAD OF SUMMARY JUDGMENT GROUP WHICH HER STATEMENT WAS-Wif-fWJ\N6-frO

THE OWNER

OF A RADIO STATION.

P.5. this is also a "KORA" request for the judicial computer

to see the rest of the emait..f;i

Fleming sent to Bill Wachter the President of liMy Town Media" accordingtotheir~
Incorporation.
computer

of

In case any of you have trouble reading the e-mail a more leglble-e'-mall will be on the

of Lori Fleming and attorney Bill Wachter and that is why there is a need for a "KORA" request

for the public computer it was sent from at the

complaint

what Lori

Uth

judicial district.

I was previously involved in

number DA 11, 812 "In The Matter of Eric Bruce" with The Office Of Disci~ary

Administrator

and attorney

"Mr. Jack Scott McInteer" ef"DEPEW GILLEN RAtHfUN &

McINTEER, L.L.C."8301 E. 21 st Street North Suite 450 Wichita, Kansas67Z06

investigated

the matter and "TOOK THE COMPUTER FROM ATTORNEY ERIC BRUCE TO INVESTIGATE
THE COMPLAINT"!

Kasey King, Julie Stover, and Michael King all got Judge Robert Fleming's formeelaw partner,
"

A.J. Wachter, reprimanded with a "LEITER OF CAUTION" in docket ntJ1'TlberlH;1, 1115, and
1116 for his inappropriate

use of the term "peanut gallery" made on June 7, 2011 and A.J.

Wachter and Lori Fleming retaliated under Rule 2.16 against all 3 of us since we all signed the
Grand Jury Petition by usurping the radio ad on his brother's radio station.

Judge Wachter

should have been sent an "informed consent policy" for ongoing cases which the judge did not
recuse like the case of In re, 269 Kan. 509, 8 P.3d 686 {2000}.
The complaint from the uPEANUT GALLERY"docket number 1114, 1115, and 1116 was used in
the annual 2011 example from the Kansas Commission On Judicial Qualifications
"EXAMPLES OF CONDUCT FOUND TO BE IMPROPER" when it says "Ajudge,

in the

w~ made a

disparaging comment about courtroom spectators during a hearing which was~knowledged

by the judge and reflected in the transcript, was cautioned about future wordclloices"

If the computer was taken during an investigation that was for a "BAR ATTORNEY ERIC
BRUCE" in DAll,8lZ then the 11th judicial county computer of Lori Bolton.Flemtng needs
to be taken and investigated just like Mr. Jack Scott McInteer did in his thorough
investigation of "IN THE MATTER OF ERIC BRUCE".
'I
Please conduct a thorough investigation on this complaint "WITH THE COUNTY
COMPUTER BEING CONFISCATED"just like case number DAll,BIZ In The Matter Of Eric
Bruce.

Very truly yours,

Kasey King
P.O. Box 101
Opolis Kansas 66760

r.

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.. ,

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~.P,t)Lt9n .Fleming .
District Court

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.'.

~tate of 1Aansas

QCommission on jf ubitial ~ualifiq[tions

Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, Kansas 66612-1507

Telephone 785-296-2913

MEMBERS OF
PANEL A

Facsimile 785-296-1028

April 8,2011

CHAIR:
William B. Swearer
Lawyer Member

VICE-CHAIR:
Carolyn Tillotson
Lay Member
Nancy S. Anstaett
Lawyer Member
J. Patrick Brazil
Judge Member
Theodore B. Ice
Judge Member

Kasey McCoy King

P. O. Box 101
Opolis, Kansas 66760
Re:

Dear Mr. King:

The Commission met April 1, 2011, at which time the above-captioned complaint
was considered. The Commission is making further inquiry, and the matter remains
under consideration.
The matter will be placed on the Commission's June 3, 2011,
meeting agenda.

Jennifer L. Jones
Judge Member

Cordially,

Christina Pannbacker
Lay Member

CaMt8'~
Carol G. Green,
Secretary

SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 66612-1507

Docket No. 1114, In the Matter of A.J. Wachter

mm

.~~:"
e

j,tate of 1!anllall .
.....:11
,~-

(![ommillllion on 3'fubitial <If!ualificationll

.

Kansas iudicj~.Center
301 S.W. Tenth Avenue
Topeka, Kansas 66612-1507

Telephone
785-296-2913
-.
.

Facsimile 785-296-1028
-,
'.

MEMBERS OF.
PANEL A

.'

I,

June 7, 2011

CHAIR:
William B. Swearer
Lawyer Member

VICE-CHAIR:
Carolyn Tillotson
Lay Member
Nancy S. Anstaett
. Lawyer Member
. J. Patrick Brazil
Judge Member

Julie Stover
303 S. Jefferson Street
Frontenac, Kansas 66763
Re:

Docket No. 1115, In the Matter of A. lWachter

. Dear Ms. Stover:

The Commission met June 3,2011,
. was considered.

at which time the above-captioned

.

complaint.

Theodore B. Ice
. _ Judge Member
Jennifer L. Jones
Judge Member
Christina Pannbacker
Lay Member

SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 6661i-1507

Judge Wachter acknowledged and expressed regret for his use of the term
"peanut gallery." It was the consensus of the Commission that the judge's use of that
term was inappropriate, and it was the decision of the Commission to caution Judge
Wachter regardingfuture word choices.
It was further the decision of the Commission that the remaining allegations
contained in your complaint contained no facts evidencing judicial misconduct as defined
in the Code of Judicial Conduct.
.
Thank you for bringing yourconcems
matter is now closed:

to the attention of the Commission.

Sincerely,

William B. Swearer,
Chair
mm

This
.

EXAMPLES OF CONDUCT
FOUND TO BE IMPROPER

A judge was found to have violated Rule 2.5(A) by failing to rule on a motion for
appointment of counsel for approximately one year. The judge was cautioned regarding
the importance of disposing of issues promptly and efficiently. The departmental justice
and chief judge were advised of the Commission's concern regarding delay.
A judge was found to have violated Rules 1.2 and 1.3 by throwing a cell phone not
belonging to the judge into the street and/or attempting to use the judge's position to gain
deferential treatment to prevent the filing of charges. The judge was privately ordered to
cease and desist from activities which lead to impropriety and the inapprop~te
use of the
prestige of judicial office.

____

A judge, who incarcerated a respondent for contempt without the respondent having
representation, was cautioned that counsel must be appointed before incarceration for
ect contempt. Johnson v, Johnson, 11 Kan. App. 2d 317, Syl. ~7 (1986) was cited.

-.J..L.

~.

/)6 ci~ \\)

----

u...4., \ A judge,

who made a disparaging comment about courtroom spectators.during a bearing

\ I~ which was acknowledged by the judge and reflected in the transcript, was cautioned
De~(t1 about future word choices.
~e.'4-a.\'it-..l~o-f1 }~-(:,\f:. 1. lip
,<.1

TIJt>..1

A judge, who consulted with law enforcement and discusse su .

oc~nts
in a case
with one of the attorneys involved in the case, was cautioned regarding; independent
investigations and ex parte communications.
Rules 2.9(A) and (C) were citer.
A judge, who failed to rule on a 60-1507 motion for approximately
cautioned regarding delay.

15 months, was

A judge, who admitted to using language occasionally which societf might find
offensive, was cautioned on the use of offensive or inappropriate language Jmd reminded
of the importance of considering the public's perception of the system. 'Rule 1.2 and
Comment [3] were cited.

22

,_
'

.....; ..

2011 Annual Report

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In re Platt, 269 Kan. 509,8 P3d 686 (2000),

A judge of the district court followed a disqualification policy w.ith respect to several
attorneys which involved not hearing newly filed cases and implementation of an "informed
consent policy" for ongoing cases in which the judge did not recuse.

~
v ~Q.

fl

....._
The Supreme Court found violations
E(1). The court ordered public censure.

anons,

In re Groneman, 272 Kan. 1345,38 P.3d 735 (2002).

A district court judge allowed his administrative assistant to maintain dual employment
during courthouse hours and falsely reported time and leave information.
The respondent stipulated to violations of Canons 1, 2A, 2B, 3C{4~,.(2), and (4). The
Supreme Court ordered public censure and other conditions, including repayment to the State of
Kansas for hours not worked.

In re Robertson, 280 Kan. 266,120 P.3d 790 (2005).

t o { ~' "it

A district court judge admitted violation of the judicial district's~strative

order
~)e'l""~ rJregarding computer and internet usage when, over an extended period of time, he used the
county-owned computer located in his office at the courthouse to access and display sexually
ex~s,
messages, and materials.
...

-t-

---.....

The Supreme Court found violations of Canon 1, Canon 2, and Canon 4(~2).
ordered removal from office.
'j

....

The court

In re Pilshaw, 286 Kan. 574, 186 P.3d 708 (2008).

A judge of the district court was found to have lost her temper and engaged in emotional
outbursts.
The Supreme Court found violations of Canons 2A and 3B(3) ando(4).
Court ordered public censure .

.
---------2013.ANNuAL

REpORT. PAGE2lS-8 ----

The Supreme

..

EXAMPLES OF CONDUCT
FOUND TO BE IMPROPER
Several judges were found to have violated Rule 1.3 by providing a statement of
endorsement which appeared in an annual report of an organization that provides medical
and behavioral healthcare, social services, and education to children and families. While
the judges did not give permission for their statements to appear in the aoolfll report, the
judges were cautioned to be mindful and vigilant in the future to avoid.statements that
may be used in unintended ways to advance the interests of others.
A judge was found to have violated Rule 2.5(A) by failing to enforce a court order which
resulted in several months' delay in settling an estate. The judge was priva~ly ordered to
cease and desist from dilatory practices which result in unnecessary delay,

to< ~

A judge was found to have violated Rule 1.2 by making an inaPEropriate joke while
, 'Yr",/1' appearing on a radio program. The judge was cautioned about future word choices and
~e
the importance of public perception.
{(\. p.;.. \ /1 t OS7C r61'V'~ kt ">i)
e
A judge was found to have violated Rule 2.9(A) by participating in ex parte
communications regarding child visitation and Rules 1.1 and 1.2 by threatening to have a
litigant arrested. The judge was cautioned regarding ex parte communications and for
threatening the litigant with arrest without a legal basis.
A judge was found to have violated Rule 1.2, the appearance of imPlVpriety, after
admitting a romantic relationship with a court employee. In cautioning ~e judge, the
Commission emphasized the importance of maintaining a professional relationship at the
office and the need to consider the public's perception of a judge's personal relationship
with an employee.
A judge, who was found to have violated Rule 2.5(A) by failing to rule on a motion for
approximately 10 months, was cautioned regarding delay.
']
A judge, who made inappropriate comments which offended a litigant during a physical
abuse hearing, was found to have violated Rule 2.8(B). The comments were reflected in
the transcript, and the judge was cautioned regarding word choices.
A judge was found to have violated Rules 1.3 and 4.l(B)(2) by endorsing a political
candidate for office on the candidate's Facebook page by "liking" a comment. The judge
was privately ordered to cease and desist from publicly endorsing a candidate for any
public office.

24 ~~

2012 Annual Report

IMPROPER

I
of

A judge was found to have violated Rule 2.4 by dismissing, out

professional
courtesy, a traffic ticket for a known attorney appearing beforetae -~
without the
district attorney's consent or knowledge. The judge- was cautioned-not t{) -permit external
influences to affect the judge's judicial conduct or judgments.

A judge was found to have violated Rule 2.3(B) by making improp~ comments of
a sexual nature to a female attorney appearing before the judge. W:hile-truf judge sent a
letter of apology to the female attorney and opposing counsel present -at the time, the
judge was privately ordered to cease and desist from making inappropriate comments.

A judge, who was found to have violated Rule 2.5(A) by failing, to rule on a
motion for approximately thirty-one months, was cautioned regarding delay.i

A judge, who was found to have violated Rule 1.2 by making an inappropriate
gesture and comment during a court hearing that could have been construed as a religious
reference, was privately ordered to cease and desist from improper conduct which creates
the appearance of impropriety.

\ Lle~ ~-'j

1 6'(" r
V ~\

e (f'

*:

A judge was found to have violated Rule 4. 1(A)(4) and Comment [7] by running
an usrue radio ~isement
referencing the judge's opponent. The judge was
cautioned to be scrupulously fair and accurate in future campaign statements.

A judge, who was found to have violated Rule 1.2 by making Inappropriate
comments in court regarding the Kansas Appellate Courts, was privately ordered to cease
and desist from improper conduct which creates the appearance of impropriety .

.
----------2013

ANNuAL
REpORT.
PAGE
23)----------.t

STANTON A. HAZ~EiP
Disciplinary Administrator
, ~~'ALEXANDER WALCZA:]{'
KIMBERLY L. KNOLL'
.' KATE F. BAIRD
'.
" Deputy D.i/cipliiiaf0! ' , ,
;Adm-inistrators ,
(JAYLEUJ. J4RKIN.
AdmissionsAttorni!f.'

"
--

'In the Matter of

,

~)Case No. DA11,812

Eric D. Bruce
(Respondent)
Dear Ms. Stover,'
.".

"I

I have received your letters of complaint o'fApril 9th andApril tb" .. Reports of
'complaint \oYerealso received regarding this matter from other individuals familiar:
with the situ-ation. I have concluded that the matters will be consolidated and
docketedjer further investigation as Docket No. DA11,' 812. The allegations
contained in your" letters will be investigated. During the' course of the ,"
Investiqatlon YO,uwilll~,e contacted by an investigator. ,Please beprepared tofurnish the investigator wittfcopies of supporting documents.Your input is,
necessary toproperly conclude the investigation.'
' ,
'
"",

The purpose of the disciplinary process is to determine if a Kansas attorney has

enqaqed in unefhical conduct. This office .does not act as your attorney or: ','
represent yourfnterests in' any ongoing 'iegal matters, Therefore, you may wanno
retain a private ~C3tt~rneyto protect your interests. You will be notified of the '
. resolution of-this matter.,
',',
,...'
;';',
"

701 Jackson St.

STANTON A. HAZLETT"
'Disciplinary Administrator:

,r floaT

Topeka, Kansas 66603-3729

TeJephJme: (785) 296,..2486
Fax: (785) 296-6049

ALEXAi./JJER;M. WALCZAK"KIMBERLY L.-KNOLL

KATE F. BAIRD
.
Deputy Disciplinary.Administrators
OFFICE OF
THE DISCIPLINARY ADMINISTRATOR

- GAYLE B. LARKIN
Admissions Attorney'

April 2-3, 2013

Joseph-D. Stover
303 S. Jefferson St
Frontenac, KS 66763
Re: Eric Bruce
Dear Mr. Stover,
l have'considered the situation' described in your recent disciplinary complaint
against attorney Eric Bruce. Your concerns will be made a part of a disciplinary
investigation into a complaint raised by Julie Stover .
'You may be contacted by an investigator looking into the circumstances
described. Thank you for bringil}g the matter to our attention.
'

.V~~

. ~e

F. Bai;d

, Deputy Disciplinary Administrator

i'

Community

IN THE DISTRICT COURT OF CRAWFOfo

!bufrAANSAS

14

MAR14 P2 :()4

National Bank & Trust,

Plaintiff,

1:11-1')'(

by
)

VS.

'.

\1

fr:
f\, -,'
...I
:J I,

'!.

Cf:,fl,W~1 ~:'1" ,"/. "

Case No. 14 CV 14 P
--"".-

James A. Beckley, Jr., and the unknown

)
heirs, executors, administrators,
devisees, }
trustees, creditors and assigns of such of )
the defendant as may be deceased and
)
the unknown spouses of the defendant;
)
the unknown officers, successors, trustees,)
creditors and assigns of such defendant
}
as are existing, dissolved or dormant
}
corporations; the unknown executors,
}
administrators, devisees, trustees,
)
creditors, successors and assigns of such }
defendant as are or were partners or in
}
partnership; and the unknown guardians,
)
conservators, and trustees of such of the
)
defendant as are minors or are in
)
anywise under legal disability; and the
)
unknown heirs, executors, administrators,
)
devisees, trustees, creditors, and assigns of)
any person alleged to be deceased.
)
}
Defendants.
}

--~--~~--~~~~~-------)
PURSUANT TO CHAPTER 60 OF
KANSAS STATUTES ANNOTATED
MOTION TO STRIKE THIRD-PARTY PETITION AGAINST DEFENDANTS
FERN & ANGERMAYER LLC AND STEPHEN B. ANGERMA YER
AND FOR SANCTIONS
Come now third-party defendants Fern & Angermayer, LLC and Stephen B.
Angermayer by and through their attorney Mark E. Fern and for their motion to strike
the third-party petition against them and for sanctions state:
1. Plaintiff, Community National Bank & Trust, a financial institution, organized
1

existing, and doing business under and by virtue of law, filed a petition in this action
against the defendant James A. Beckley Jr. for defaulting on a promissory note and to
foreclose a security interest.
2. The defendant, James A. Beckley, Jr., was properly served and filed a pro-se
answer to the plaintiff's petition.
3. Defendant Beckley filed

a pro-se,

third-party complaint against all parties he

believed were involved in the suit. He made third-party allegations against the attorney
for the plaintiff bank, Stephen B. Angermayer and his firm, the president of the bank,
Tony Stonerock, and the sheriff's deputy, Robert Peters, who served the defendant with
the summons and petition.

4. The third-party defendant also filed complaints against all third-party

defendants with various regulatory authorities. He filed a complaint against bank's
counsel with the Kansas Office of Disciplinary Administrator, against the Bank President
with the Comptroller of Currency, and against the sheriff's deputy with the Crawford

"0

uJC\ 1\ do

County Sheriffs Department.

5. Third-party defendant tactics, as set out above, mirror what this court has
4

received in prior cases from Kansas Militia members.

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6. The statute on third-party practice states as follows:

Statute 60-214: Third-party practice. (a) When defendant may bring in third
party. At any time after commencement of the action a defending party, as a
third-party plaintiff, may cause a summons and petition to be served upon a
person not a party to the action who is or may be liable to the third-party plaintiff
for all or part of the plaintiff's claim against the third-party plaintiff. The third-party
plaintiff need not obtain leave to make the service if the third-party plaintiff files
the third-party petition not later than 10 days after serving the original answer.
Otherwise the third-party plaintiff must obtain leave on motion upon notice to all
parties to the action. The person served with the summons and third-party
2

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petition, hereinafter called the third-party defendant, shall make any defenses to
the third-party plaintiffs claim as provided in K.S.A. 60-212 and amendments
thereto and any counterclaims against the third-party plaintiff and cross-claims
against other third-party defendants as provided in K.S.A. 60-213 and
amendments thereto. The third-party defendant may assert against the plaintiff
any defenses which the third-party plaintiff has to the plaintiffs claim. The thirdparty defendant may also assert any claim against the plaintiff arising out of the
transaction or occurrence that is the subject matter of the plaintiffs claim against
the third-party plaintiff. The plaintiff may assert any claim against the third-party
defendant arising out of the transaction or occurrence that is the subject matter
of the plaintiff's claim against the third-party plaintiff, and the third-party
defendant thereupon shall assert any defenses as provided in K.S.A. 60-212 and
amendments thereto and any counterclaims and cross-claims as provided in
K.S.A. 60-213 and amendments thereto. Any party may move to strike the thirdparty claim, or for its severance or separate tria/. A third-party defendant may
proceed under this section against any person not a party to the action who is or
may be uabte to the third-party defendant for all or part of the claim made in the
action against the third-party defendant.

7. It should be noted that the defendant Beckley has not served either of the
movants with a summons and third-party petition.
8. Aiseike v. Miller, 196 Kan. 547549-50,412

P.2d 1007 (1966) is an early and

oft-cited case in area of third party practice. The Miller court held as follows:
It may first be noted that this statute pertains to procedure only and does not
create any substantive rights. The statute relates generally to the subject of
reimbursement, indemnity or contribution, but it creates no substantive right
to the same. There must be some substantive basis for the third-party claim
before one can utilize the procedure of 214 (a). Third-party practice is simply
a permissive procedural device whereby a party to an action may bring in an
additional party and claim against such party, because of a claim that is being
asserted against the original party. It has been said that the general purpose of
the practice is to avoid circuity of action and to dispose of the entire subject
matter arising from one set of facts in one action, thus administering complete
and even-handed justice expeditiously and economically (see 1A Barron and
Holtzoff, Third-Party Practice, 422, p. 644)(emphasis added) ki.
9. The Miller court went on to further hold:
In order to come under 214 (a) the defendant's claim against the third-party
defendant must be such that the latter "is or may be liable to him for all or part of

the plaintiff's claim against him." The advisory committee for our present code of
civil procedure had this to say with respect to the section:
"Although it is the purpose of the provision to permit the entire controversy in
single proceeding to be determined, it is only the liability of the third-patty
defendant to the original defendant for the original defendant's liability to the
plaintiff that is to be detennined." (Gard's Kansas Code of Civil Procedure,
Advisory Committee Notes, p. 74.)

{d. @ 550.

10. The Kansas Supreme Court interpreted this statute in a following case. In
Russell v. Community Hospital Association, Inc., 199 Kan. 251, 428 P.2d 783 (1967)
the court held:
"In order to come within the provisions of 60-214 (a), supra, the third-party
plaintiffs' claim against the third-party defendants must be such that the latter are or
may be liable to the third-party plaintiffs for all or part of plaintiffs claim against them."
11. The third-party plaintiff has made claims against the movants in his pro-se
answer to the petition which he labels "Counter-Claim."

He clearly states that he is

bringing a claim against Fern & Angermayer, LLC in accordance with KSA 60-214 (a).
He appears to make a claim under what is labeled "Count 4 Wrongful Credit Reporting"
wherein he claims that Stephen B. Angermayer allegedly lied to him over signing a quitclaim deed on real estate and alleges a notary was not present. He also claims that Mr.
Angermayer informed him that his credit would not be "hurt" by such signing.
In "Count 6 Conflict of Interest" third-party plaintiff alleges that a conflict of
interest is created by his complaint against the Comptroller of Currency and he is
allegedly waiting for the outcome of the complaint. He then expounds on the earlier
claim in "Count 4" again making allegations regarding his signing a deed and his
negative credit history.
4

12, It is clear that third-party plaintiff Beckley has made claims which; in addition
to bearing no basis in fact, are not related in any way to the main claim the plaintiff bank
has against Beckley. His claim must in some way show that the "third-party plaintiffs'
claim against the third-party defendants are such that the latter are or

may be liable to

the third-party plaintiffs for all or part of plaintiffs claim against them,"
The case in chief was brought by the plaintiff bank for payment default on a
promissory note and security agreement. In addition to suing on the note, the bank
seeks to recover its collateral. It cannot be demonstrated Mr. Beckley's payment default
is somehow related to his alleged claims that he signed a deed without a notary
present. Further, his recent default is the sale reason for his damaged credit history.
The statue does not create a substantive right where one does not exist at law,
13. Third-party plaintiff must comply KSA 60-211. The statute states in relevant
part:
(b) The signature of a person constitutes a certificate by the person that the
person has read the pleading, motion or other paper and that to the best of the
person's knowledge, information and belief formed after an inquiry reasonable
under the circumstances:
(1) It is not being presented for any improper purpose, such as to harass or
to cause unnecessary delay or needless increase in the cost of litigation;
(2) the claims, defenses and other legal contentions therein are warranted
by existing law or by a nonfrivolous argument for the extension, modification or
reversal of existing law or the establishment of new law;
(3) the allegations and other factual contentions have evidentiary support
or, if specifically so identified, are likely to have evidentiary support after a
reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the evidence or, if
specifically so identified, are reasonably based on a lack of information or belief.

A-~/I"f
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14. The Third-party plaintiff has interposed the third-party claim for the purpose

--"-

of harassment and delay. His tactics are what this cOl!-rtcommonly: associates with the

"

Kansas Militia. Their pleadings are typically filed pro-se with a convoluted reference to
t

--

Kansas statutes. Often the al/eged facts are untrue, and the Militia's hallmark is an
extreme anti-government

ideology along with elaborate conspiracy theories.

...... ce

;g

15. In Wood v. Grah, 269 Kan. 420, 431,7 P.3d 1163 (2000) the court listed the
following factors to be considered by the court when awarding sanctions against

a party

who violates KSA 60-211 :

(1) whether the improper conduct was willful or negligent;

(2) whether it was part of a pattern of activity or an isolated event;
(3) whether it infected the entire pleading or only one particular count or
defense;
(4) whether the person has engaged in similar conduct in other litigation;
(5) whether it was intended to injure;
(6) what effect it had on the litigation process in time or expense;
(7) whether the responsible person is trained in the law;
(8) what amount, given the financial resources of the responsible person, is
needed to deter that person from repetition in the same case; and
(9) what amount is needed to deter similar activity by other litigants.

Jd.
16. The movants request that the court find the Third-party plaintiff has filed his
third-party claim in violation of KSA 60-211, and awards them attorney's fees for filing
this response and attending any subsequent hearings in this matter,
WHEREFORE, Third-Party Defendants, by reason of the matters above set forth
above, are entitled to have the third-party claims against them dismissed with prejudice.
The movants are entitled to an award of attorney's fees for defending this action and for
any subsequent hearings, and for such other relief that the court deems proper.

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107 West

#13812
MAYER, L.L.C.
Street

P.O. Box 6
Pittsburg, K s s 66762-0686
(620) 231-730 FAX (620) 231-1033
Attorneys for Third-Party Defendants.

CERTIFICATE OF SERVICE
This is to certify that on this 14th day of March, 2014, a true and correct copy of the
above and foregoing Motion To Strike Third-Party Petition Against Defendants Fern &
Angermayer LLC And Stephen B. Angermayer and for Sanctions was deposited in the
United States Mail, postage prepaid and properly addressed to the following:
James Beckley, Jr.
302 West McKay
Frontenac, KS 66763

#13812

~1.

e:

Prosecutor: JWidai recusals from cases don't happen often I CJOIiine.com

7/1912015

Juin Now Activate

Prosecutor: Judicial recusals from cases don't

happen often

'-

Move can pose challenges for state, defense

Posted: July 27, 2014 3:59pm

By Ann Marie Bush

ann.bush@l\ionline.com

While the Kansas Office of Judicial Administration doesn't keep statistics on how often judges
recuse themselves from cases, Shawnee County chief deputy district attorney Jacqie Spradling
said it doesn't happen often.
Shawnee County District Judge Mark Braun recused himself Friday from the capital murder
trial of Phillip D. Cheatham Jr., who was originally sentenced to death for the 2003 shooting
deaths of two Topeka women. Police say the shootings were drug-related.
The Kansas Supreme Court overturned the sentence in 2013, citing ineffective assistance of
counsel. Cheatham is to have a new trial on the charges.
There have been 82 motions filed in the case - Spradling had six three-ring binders filled with
them and respouses in court with her Friday. All motions, including 37 of whicll have already
been argued, will have to be argued again in front of a new judge.
"Both parties want the same thing - to make sure the defendant
said.

gets ,a fair trial," Spradling

While the state and the defense want the defendant to get a fair trial, Spradling said a recusal
does pose problems, such as a waiting for a new judge to be appointed, motions having to be
argued again and court dates having to be rescheduled.
In February 2009, then-Shawnee County District .Judge Charles Andrews Jr. recused himself
from hearing the county's lawsuit against former District Attorney Robert Hecht. In that case,
Andrews told attorneys for both sides he had information that posed a conflict of interest and
created a basis for him to recuse himself.
Andrews, who died in 2012, also recused himself in March 2010 from hearing a lawsuit filed
against the city of Topeka by Jim and Sharon Suwalski. The Suwalskis were asking a judge to
overturn a ruling made earlier that found Jim Suwalski violated the city's clean air ordinance.
In a March 2010 article about Andrews recusing himself, Andrews, who became a district judge
in 1990, said he had "probably recused himself from 10 or 15 eases in which he was close
enough to someone involved that he didn't think it would be fair for him to hear the case."
In June 2013, Shawnee County District Court Judge Mary Mattivi denied a motion. to recuse
herself from the trial of William Marotta, a Topeka man who answered a Craigslist ad in which
two Topeka women were seeking a sperm donor.
In Cheatham's case, he filed a judicial complaint against Braun. Cheatham's complaint stems
from the judge in May promising a fair trial before he had ruled on motions. Cheatham
contends defense motions, which include a challenge to the state's death penalty, require the
trial to be dismissed.
Braun in court said he hadn't received official word of the complaint. However, he went ahead
and recused himself so there would be no question later.
Braun said because it is a death penalty case, he wants there to be an "orderly and fair
resolution, "
Chief Judge Evelyn Wilson will have to appoint a new judge to the case.

Sign In

~.

7/1912015

Prosectior: Judicial recusals from cases don't happen often I CJOtiine.com

Lisa Taylor, spokeswoman for the Kansas judiciary, said the state doesn't track recusa1s. She
also noted there wasn't a public file available on Cheatham's complaint against Braun.
Complaints don't become public until after a particular point in the process, she said.
There were a total of 183 complaints filed last year, according to the 2013 Commission of
Judicial Qualifications' annual report. The complaints become undocketed or docketed.
Undocketed complaints are dismissed with a letter to the complainant and to the judge. Of the
183 complaints filed last year, 30 were officially docketed, which means a panel thought
further investigation was warranted.
The most common complaint filed in 2013 was the defendant was denied a fair hearing.
Between 2009 and 2013, the highest number of complaints received was 217 in 2011, the
report stated. Twenty-two were docketed. The highest number of docketed complaints occurred
in 2012, when there were 44 docketed.

Ann Marie Bush can be reached at (785) 295-1207 or ann.bush@cionline.com.

Follow Ann Marie on Twitter @AnnieScribe.

The Topeka Capital.Journal @2015. All Rights Reserved.

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~I

F~

f(:~

IN THE DIS~RIer"dOurrf
Travis Carlton, Scott COfllr~UG 29
and Bekah Harlan,
.

n ERK

vs.

8Y

r)
OF CRAWFORD COUNTY, KANSAS

A1O:12
Plaintiffs,

OF' DIS T. COU~ i

CRAWrORD

Case No. 2014 CV 7 P

COU~i r 'r'
.__

Defendant.

Toby Miller,
ORDER

The judge assigned to the above captioned case, Kurtis 1.Loy, presented the attached
letter to me August 21 S\ 2014. The letter of Travis Carlton to the Commission on Judicial
Qualifications referenced in Judge Lay's letter to mt is also attached.
Judge Loy construed Mr. Carlton's letter as a motion to disqualify Judge Loy as the judge
assigned to the above litigation, and as such forwarded it to me as Chief Judge.
The procedure to disqualify ajudge is set forth in K.S.A. 20-31Id. To the extent that Mr.
Carlton intended his letter to be a motion to disqualify Judge Loy, I find that it does not comply
with the requirements of K.S.A. 20-311 d for various reasons, one of which is that it does not
contain any averments of the author.
If Mr. Carlton's letter did comply with the requirements ofK.S.A. 20-311d, I would be
required to determine the legal sufficiency of the allegations (K.S.A. 20-311d (c)). However, the
allegations of the Carlton letter do not suggest that Judge Loy served a prior counsel for any
party to the litigation (K.S.A. 20-311d (c)(1)); that Judge Loy is related to any party (K.S.A. 20311d (c)(3)); or, that Judge Loy is a material witness in the action (K.S,A. 20-311d (c)(4)), The
remaining allegations of the Carlton letter furnish no basis for concluding that Judge Loy has an
interest in the litigation (K.S.A. 20-311d (c)(2)) or that Judge Lay has a personal bias or
prejudice or interest in the action that would prevent any of the parties from obtaining a fair and
impartial trial (K.S.A. 20-311d (c)(5)).
Accordingly, to the extent that Mr. Carlton's letter constitutes a motion to recuse Judge
Loy from the above captioned litigation, such motion is denied for the reasons set forth herein.
It is so Ordered.

A.J. Wachter
District Judge

Copy to:
Hon. Kurtis 1. Lay
District Judge
602 N. Locust
Pittsburg, KS 66762

Travis Carlton
1410 N. Smelter
Pittsburg, KS 66762

Bekah Harlan
P.O. Box 84
Opolis, KS 66760

Toby Miller
Vapor Stop LLC
2530 Main
Parsons, KS 67357
CERTIFICATE

Scott Cochran
709 W. 8th
Pittsburg, KS 66762

OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing document was
deposited in the United States Mail, postage prepaid and properly addressed to the above party or
parties on the
day of
,2014.

5(q

CZitCZfdLQ'

KANSAS DISTRICT COURT

Eleventh Judicial District
Chambers of
KURTIS I. LOY
District Judge
Administrative Assistants
Mary Ann Forsythe
Elaine Bradshaw

Crawford County Judicial Center

602 North Locust
Pittsburg, Kansas 66762
(620) 231-3570
(620) 231-0584 FAX

Clerk of the Court

Pamela Hicks
(620) 231-0380
Court Administrator
Mac Young
(620) 231-0310

August 21,2014
The Hon. AJ. Wachter
Chief Judge, 11thJudicial District
602 N. Locust
Pittsburg, KS 66762
Re: Travis Carlton, et.al. v. Toby Miller Case No. 2014CV7P
Dear Judge Wachter:
I am forwarding to you a letter from The Commission on Judicial Qualifications dated
August 18,2014, with an enclosed complaint filed July 18, 2014 from Travis Carlton, a pro se
litigant in the above referenced case.
Although this was filed as a complaint after reading the complaint filed by Mr. Carlton, it
appears this is actually more in the form of a Motion to Disqualify Judge.
I do not believe that I have any bias or prejudice against Mr. Carlton, but I would like to
present this complaint or motion to you for consideration.
I do not necessarily agree with the statements ofMr. Carlton where Mr. Carlton states:
"Honorable Loy stated at our case management conference that usually in cases like this if both
parties had an attorney this case would already be settled. Judge Loy said that he could set up a
mediation between myself and Toby Miller and Vapor Stop with Honorable AJ Wachter and
Honorable Lori Fleming." While I regularly encourage settlement of cases, mediation would
have been on a voluntary basis with a mediator that was agreeable to all parties concerned. I do
agree to facilitate or make arrangements with one of the local judges for mediation if all parties
agree. That was apparently a miscommunication or misunderstanding between Mr. Carlton and
myself.
Washington's Cigar Store, Inc., was in operation from June 1987 until August 1990, and
the corporate charter was kept alive through December 1996. Washington's Cigar Store, Inc.,
was located at 114 W. 4th St., Pittsburg, KS, an address which no longer exists. The case that

.':

Mr. Carlton has filed has been filed as a breach of contract action and has nothing to do with the
use or nonuse of vapor cigars or vapor cigarettes. For the record I am not opposed to the use or
sale of vapor cigars or vapor cigarettes.
I was sworn in as a District Court Judge in October, 2013. I am aware that there remain a
few instances where my name is still listed as resident agent for various corporations Iformerly
assisted while in the private practice of law. Those are all being wound down and as the new
annual reports are filed the new resident agent is listed on the records of the Kansas .Secretary of
State. I am not involved with my wife in a partnership located at 112 W. 4th St. in Pittsburg. My
wife and Ihold ownership of the commercial building located at 112 W. 4th St. in Pittsburg
within a Kansas partnership. I do not accept assignment of cases involving my former law
partner.
While Ido believe Iam neither biased nor prejudiced concerning the parties to this
litigation or any attorneys which may become involved in the future Iam forwarding this letter
and complaint to your attention for proper handling.

KIL:maf
Enc.

"

$tate of 1kan~ag

qcommiggion on JJ ubicial <mualificationg

KANSAS JUDICIAL CENTER
301 SW TENTH AVE., ROOM 374
TOPEKA, KANSAS 66612
785-296-2913
judicialqual@ l~scourts.org

August 18, 2014

MEMBERS OF

PANELA
Honorable Kurtis 1. Loy
Crawford County Judicial Center
602 N. Locust
Pittsburg, Kansas 66762

CHAIR:
William B. Swearer
Lawyer Member

VICE-CHAIR:
Christina M. Pannbacl~er
Lay Member

Re:

Complaint filed 'by Travis Carlton

Dear Judge Loy:

Nancy S. Anstaett
Lawyer Member

J. Patricl~ Brazil
Judge Member
Brenda Cameron
Judge Member
.Mary Thrower
Judge Memher
Valdenia C. Winn
Lay Member

The Commission met August 1, 2014 at which time the above-captioned

complaint was considered. See attached. It was the decision of the Commission that,
based on present showing, the complaint contained no facts evidencing judicial
misconduct as defined in the Code of Judicial Conduct.
While this complaint is sent for your information only, the Commission
thought it may be helpful for you to review the Judicial Ethics Advisory Opinions at
WWW.kSCoUlis.orgarid the articles which related to situations a new judge may
encounter, including how to wind up a law practice, which were sent to you on
September 23,2013; '.
Sincerely,

SECRETARY:
Heather 1. Smith

---

- - - - - - - --

- - --

mm
Enclosure

--

- - - -Wi+1iam- B:-Swearer;-- -- -Chair

--- - ---

--

-- - -----

- ---

RECEIVED

.JUL 1 8 2014

THIS COMPLAINT IS AGAINST HONORABLE Kurt Loy CrawdfaU'.LQL\L!FIC'.-:-:::'3

County 11th Judicial District Judge. Case number 2014CV7P Travis
Carlton et al, vs. Toby Miller and Vapor Stop.

Iwould like to make a complaint against Crawford County District Judge

Honorable Kurt Loy. He has been assigned to be the judge in case number
2014CV7P. I had a hearing in this case where I am Pro Se and the attorney
for Mr. Toby Miller is Troy Unruh from Wilbert & Towner in Pittsburg
Kansas.
Honorable Loy stated at our case management conference that usually in
cases like this if both parties had an attorney this case would already by
settled. Judge Loy said that he could set up a mediation between myself
and Toby Miller and Vapor Stop with Honorable A.J. Wachter and
Honorable Lori Fleming.
Both Honorable Wachter and Honorable Fleming were previously
employed at Wilbert & Towner. I could never get a fair mediator when the
mediators used to be employed by the Law Firm that is representing Mr.
Miller and Vapor Stop.
It also shows on the Secretary of States websites for resident agents that
Honorable Kurtis Loy was the resident agent for "WASHINGTQN'S
CIGAR STORE, INC.". The case that I filed has to do with vapor cigarettes
and that isa conflict of.interest because he was the resident agentfora
cigar store. There have been numerous issues about the govemment trying
to legislate vapDr sh-Ops out of business and anyo.ne !h{) has previously or
is currently in business and or has been a resident agent for cigar or
cigarette store would definitely have a biased and a prejudiced against
anyone who opened a vapor shop.

I also think it is wrong and a conflict of interest for Honorable Kurtis Lay to
be the resident agent of LOY & SAGEHOID'-J,LLC. And L & T Partnership
where both addresses are 112 W. 4th in Pittsburg Kansas 66762.
It shows on Honorable Loy's Judicial Financial Disclosure Report that he
and his spouse have a partnership at 112 W. 4th in Pittsburg Kansas and the
commerdalloan is with Commerce Bank.
Judge Wachter and Judge Fleming would never rule against Loy&
Sagehom & Harding when the address for that law firm is 114 W. 4th in
Pittsburg Kansas where Judge Loy has the building in a partnership and
this is a conflict of interest. Judge Loy and Judge Wachter would never
rule against Kyle Fleming of IITIIE FLEMING LAW FIRM!! since he is the
husband of Honorable Lori Fleming.
HOW IS ANYONE IN CRAWFORD COUNTY SUPPOSE TO GET A FAIR
HEARING UNLESS YOU HAVE WILBERT AND TOWNE~ LOY &
SAGEHORN & HARDING, OR THE FLEMING LAW FIRM AS YOUR

ATTORNEY?
I would greatly appreciate an out of county judge who is unbiased and
does not have conflicts of interests with other judges like Judge Wacther,
Judge Lay, and Judge Fleming have between them and their previous law
firms. Please send all correspondence to Travis Carlton, 1410N~Smelter,
Pittsburg, Kansas 66762. Please disqualify Honorable Loy from this case III
accordance to Rule 2.11 (A) of the RULES RELATING TO JUDICIAL
CONDUCT.
Sincerely,
Travis Carlton
Travis Carlton
1410 N. Smelter
Pittsburg Kansas 66i62

A lTN:

JUDICIAL FINAl~CIAL

FINANCIAL

DISCLOSURE
TH

301 SW 10

REPORTING

AVE.,R.OOM374-

TOPEKA, KANSAS 66612

DISCLOSU.RE REPORT

785-296-29!.3

judiciiiJqual@kscoW.org

CALENDAR YEAR 2013.

';';'/;;,1 I ~:114

REPORT REQUIRED BY SUPREME

JUDICIAL

CONDUcrCANON

COURT RULE 60 I B RE[_UING TO

3. RULE 3 ..15rB"l (2013 KAN. Cr. R. ANNOT. 74&)

JU;.

The instructions accompanying this form arc a guide to be followed in preparing your annual
financial disclosure report . Please read tile instructions and review Supreme Court Rule 601B,
Rules 3.12, 3.13, 3.14, and 3.15 and their Comments (2013 Kan. CL R. Annat. 754-758) before
completing this form.
Complete all pans, checking --NONE" 'wherever you have no reportable infonnarion. This. report
must be typed, and an on-line tillable form is available at www.kscourts.org. Completed and
signed reports may he submitted by U.S. mail to the address reflected above or may be scanned
and submittedby e-mail to jlldicialqual@kseQurts.org, ON OR BEFORE .APRIL .15.2014.

Kurtis 1 Loy

Crawford
County or- City

Crawford

County District Court, Div. 5,

602 N. Locust, Pittsburg,

City. St.1le. Zip

___

620-231- 3570

KS. 66762

ewe

Type of Judge (che;'\.:

I.

Eleventh. Judicial District

Telephone Number

one}:

__
~

Supreme Court
District
__

__

Pro Tempore

__

Court of Apoeals

District Magistrate
Senior
Municipal: 0 Full-Time 0 Part-Time

COMPENSATION
[reporting individual (r); and spouse (S) or domestic partner (DP); for
Honoraria, reporting individual (1) only; see Section I of'Instructions and Rule 3.1S(A){1).]
NONE (No reportable Compensation)

Date
Jan-Dec.,2013
Jan-Dec., 2013
Nav-Dec.,2013

Name of Pavor

Pavce (LS,DP)

Nature of Activity

J
S

Realtor

Fonner Law Practice

Former Law Practice

FDR. CY20l3 1 Page 1

H.

FEES AND COM.MISSIONS [reporting individual (I) and spouse (S) or domestic partner (DP);
see Section n of Instructions and Rule 3.1S(A){2).]
NONE (No reportable Fees and Commissions)

Name ofCliMt or Customer

Pavce (L S. DP)

Address

HI. OWNERSIDP

INTERESTS
[reporting Jndividual (1), spouse (S) or domestic partner (DP) ,
dependent child or dependent step child (DC); see Section Ill ofInstructions and Rule 3.l5(A)(3).]

__

NONE (No reportable Ownership Interest)

Business Name and Address

(.

~
e-,

Held by Whorn
(1.S. DP.DC)

Tvpe of Business

(List address onlyif nor publicly traded]

.

C~

L & T Partnership
112 W. 4th
Pittsburg, KS. 66762

Commercial Bldg. Rental

Farm - Crawford Cty, Ks,

Farm Rental

Owner

[,S

T.D. Arneritrade

Brokerage

IRA

IV. GIFTS, LOA."I'S, BEQUESTS, BENEFITS. OR OTHER THfNGS OF VALUE [reporting:

individual (1), spouse (8) or domestic partner (DP), dependent child or dependent step child (DC);
see Section TVof Instructions and.Rules 3.13 and 3.15(4).]
~

NONE iNo reportable Gifts, Loans, Bequests. Benefits. or Other Things o/Value)
Recipient (LS,DP.DC)

Description

FOR.

C1' 2013

I Page 2

,I'

V.
___

POSITIONS (reporting individual (I) only; see Section V ofInstructions and Rule 3.IS(A)(6).]
NONE (Nothing to reports

Name of Business/Organization/Enti.ty

Lay & Sagehorn, LLC

L & T Partnership

Position Held

Address
I 12 W. 4th, P ,0. Box. S, Pittsburg, KS.

Pittsburg,KS._-.
~----.--., 1]2 W.4th,
-- - :...........
~..-~--~

..

Partner

.. ..

St.Peter's Episcopal Church

306 W. Euclid, Pittsburg, KS.

Clerk.Vestry Member

Stilwell Heritage & Educational

Foundation

7th & Broadway, Pittsburg, KS.

Chairman of Foundation Bd,

Kansas Bar Foundation

1200 SW Harrison, Topeka, KS.

Trustee

Kansas Bar Assoc.

1200 SW Harrison, Topeka, KS.

Chairman Fee Dispute

Resolution Committee

VI. LIABILITIES [reporting individual (1), spouse (S) or domestic partner (DP), dependent child or
dependent step child (DC); see Section VI of Instructions and Rule 3.15(A)(7).)
__

N01\'E (}lo

Creditor

Person Responsible for

Liability (l.S,DP.DC)

Commerce Bank
University

reportable Liabilities)

Bank

Amerian Express

6~ ~

Description

EciaJ

I~

1,S

Unsecured Loan

T,S

Revolving charge

,t

.,.j ,

,"J

FUR.

CYlOl3

I Pa:;<e3

VH.

ADDITIONAL

INFORt''lATION OR EXPLANATLONS (indicate section of Reporii

Signature

ofRcporting Judo

FDR. ey 2013

I P~g,,4

Judge Donald R. NoIarv:1receives retirement gifts - Gate Hoose

712412015

TIlE MOlU\"1!\GSUK
Ono<tiqPilbot.q

.t....u....t._ .....,VUI1

By NIKKI PATRICK
March

31.2012

12:0lAM

Judge Donald R. Noland receives retirement gifts

If the Honorable Donald R. Noland wants to rock, he can do it in the new rocking chair presented to him Friday by representatives
Bar Association.

from the Crawford County

If the Honorable Donald R. Noland wants to rock, he can do it in the new rocking chair presented to him Friday by representatives
from the Crawford County Bar Association.
The gift was made during a reception in recognition of his retirement as district court judge, uth Judicial District.
The retiring judge also received a framed certificate from the Kansas Supreme Court, presented by Justice Lee A Johnson.
A Pittsburg State University graduate who obtained his juris doctor from Washburn University, Noland practiced law from 1976
until he was appointed as a judge in 1991.
The Hon. AJ. Wachter noted that, in "The Godfather" movie, the heads of the various crime families attended the funeral of Mafia
don Vito Corleone not so much out of respect but to be sure that he was dead.
"We are here because we have come to respect our Don as a jurist, citizen and consummate gentleman," Wachter said.. "He can
explain to us how II!aDY bass or other species of fish he's going to catch in his retirement or whether his wife and his Harley will be
able to withstand it."

PHOTOI

COURTESY

PHOTO

Attorneys Steve Angermayer and Mark Fern represented the Crawford County Bar Association.
"I have referred to Judge Noland as 'Judge Search ~;"
that case. What we will miss iStliiifPreparediless. Judge
about retiring, Ive tried to talk him out of it. "

Fern said. "We would say, 'Judge, I have this case,' and he would say, 'Come on in; and he'd have
oland is always just a little bit better prepared than you are. For the pastthree years, Since he's talked

w h'1 ~

Angermayer has appreciated Noland's approachability, and credited the judge with playing a big part in shaping his career.

'7 \J

"I was introduced to Judge Noland, and two days later 1was at his house watching pro wrestling," he said.
l.~
D uJ<2--~
When it was his turn to speak, Noland handed out praise oftrls own. -'=>
.
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"This part of the state has been blessed with judges so good to work with, good hard-working, fair judges," he said.. "1 also want to thank the clerks in Girard.
The attorneys know that the clerks run the court. I have truly enjoyed working with the attorneys. Our attorneys here stack up against the best attorneys in the
state."
The retiringjudge was most gratified by his work with the Juvenile Court, which works to reunite families when appropriate.
"That's where you have the chance to do the most good," Noland said. "Kansas has a fundamentally good system and we have a good team with the guardian ad
litem, SRS, TFI and the PSU Truancy Council. I will miss the glow you get, the sense of satisfaction you get at putting a family back together."
He also asked if there were any foster parents present at the reception.
"I want to single out my heroes, Noland said. "Foster parents are the bedrock of the child care program in Kansas."
He also decided to step up on his soap box one more time to speak on an issue that troubles him deeply. Noland said that an independent judicial system is
crucial to a functioning democracy.
W

"We must strive against attempts to compromise judicial independence and attempts to introduce politics into the selection process," Noland said, "I don't
mean this to be a downer, but it is so important, We will all pay for it, if not in our lifetime, in our children's lifetime."