Complaint Against The Kansas Commission On Judicial Qualifications, Judge Lori Bolton Fleming, Judge Kurtis Loy and Chief Judge Andrew James Wachter
Complaint Against The Kansas Commission On Judicial Qualifications, Judge Lori Bolton Fleming, Judge Kurtis Loy and Chief Judge Andrew James Wachter
5
Kansas Commission on Judicial Qualifications
".Y
.-~.,
__
,~
301 SW 10th
Topeka Ks 66612
NUMBERS
UKE WAS
RECOMMENDED IN the case of In re Platt, 269 Kan. 509, 8 P.3d 686 {2000} whkh was a
REPORTED JUDICIAL DISCIPLINARY CASE UNDER RULE 601A IN THE EXAMPLES IN THE 2013
ANNUAL REPORT FROM THE KANSAS (OMM~SSIN
ON--JU-Dl-ClAl QUAUHCATIONS.
THIS IS ALSO A COMPLAINT AGAINST THEM FOR LACK OF SUBJECT MATTER J~ICTION
HEAR ANY COMPLAINT FILED BY ~Y SELF DUE TO A CONFLICT OF INT-fRfSI~
TO
RULE
2.11(A) BECAUSE AN INJUNCTIVE RELIEF PETITION WAS FILED IN CASE NUMBER 2015CV79P
IN
2.16 BY 11TH
DISTRICT JUDGES LORI 'FLEMING, A.J. WACHTER, AND KURTIS LOY AGAINST JA.-'
..~.,\I
ES DONALAND
RUSSIAN FOR PAST ETHIC CMPLAINTS WHERE HE GOT 11 T-HDISTRJcrdtIDi:f?~EPRIMANDS
BUT HE RECEIVED ONE LETTER AND THE JUDGES RECEIVED ANOTHER LETTER WHICH LED TO
DAMAGES.
ON JUDICIAL QUALIFICATIONS
HAS LED
'
UNDER,
"PROPER JUST OUTSIDE JURISDICTION" WHICH SHOWS THAT ALL JU,.'.'?:,.GESIN THE
11THDISTRICT OF CRAWFORD SHOULD HAVE Dt5QUALlFIED T~~ES
UNDER
RULE 2.11 (A) AND K.S.A 20-311d AND BY FAILING TO FOLLOWTHE CODE OF
"
committee
the same
month that Mr. Russian's January 2012 complaint is heard which "MAGICALLY SKIFf ED" the
February 2012 meeting.
Mr. Russian never hears anything more about this case and then he is
arrested in 2013 from another "STALKING" charge for retaliation under case number 2011CR93g.
The case of2011CR93g
because
he will not admit to anything he did not do and he did not stalk Holly Engelbrecht who was a
and her children went their and the new judge was "Lori
Fleming who was a lecturer at the church and her husband Kyle Fleming<mdTa:mer-in-law
Robert
Fleming are both eucharistic ministers" at the same church and this is a conflict of interest under
Rule 2.11(A).
Lori Fleming has sinced "FORGED" a search warrant on James Russian and has lied a~out stalking her
so that he could not receive "BOND". The Federal prosecutor in his federnh:ase:clmmf their was an
email sent from Lori Fleming to him stating that Mr. Russian was stalking Lori Fleming so when the
new committee who investigates her for the email takes-her computer to check the email I would
also like for your committee to look for this "EMAIL"where she lied about him stalking her because
it is impossible from where she claims it happened. She would have called the police immediately
because she is a "COP CALLER"and has always "TATTLED"on people h.ec"wltok-~o
why
wouldn't Lori Fleming have "TATTLED"on James Russian as well unless it was a "LIE"which it was.
Lori Fleming has proved she is "EXTREMELYUNETHICAL" please investigatecMktgese cases and
investigate why Judge Wachter came back in case number 13DM308P TlMOT.HYkvNDIGER and
NATALIE KUNDIGER VS. JAMES RUSSIAN when James Russian pr-ev4uus1y-getJA.J.Wachter a
letter of caution and "improper conduct" example in 2011 and A.J:W;i<;hter<$b'ould not have
had subject-matter jurisdiction to hear the case. Mr. Russian also violated the "ORDER"
from judge Wachter because James Russian felt Judge Wachter had.no subject matter
jurisdiction because James Russian had previously put UCC liens on A.J.W~~ter's house,
the clerk of the court's house Pam Hicks, Mr. Gayoso Crawford County attorn''', and
Crawford County District Court.
_~
Mr. Russian had to pay "$10,000" BOND which was "ORDERED" by Judge Loy who did not
have subject-matter as wen and allthree 11th district judges nero to be investigated for the
retaliation under Rule 2.16 and "WRONGFUL INCARCERATION OFrAME"S-'RV~SIAN".
,
and Rule 2.3 Bias, Prejudice, and Harassment which has led to more ha~ment
unethical actions from the 11thjudicial district.
"~\
and
This also shows just how incompetent both Judge Kurt Loy and Judge AJ. Wachter are by
both notkrrowingthatitwas
"FOREMH OF THEIRINFORMA'I'l-N ONLY"Kurt Loywas
not even suppose to show Judge Wachter then Judge Wachter actnarrrfite ..s.}l)e"ORDER"
publicly so people like myself can have public access to so we can make a co~laint under
him for failing to follow Canon 2 where a judge has to perform dutlesctH!1~ntly
which
they both failed to do under Rule 2.5 Competence, Diligence, and Cooperation.
I have included the Mardi 31, 20 1Zretirement article on Donald Noland by The Morning
Sun and Chief Judge A.J.Wachter calls Donald Noland "THE GODFATHER"-r'~ says families
attended funerals not so much out of respect but to make sure he was dead!! !,~
What kind of judicial system has judges who make jokes like that Wheri-"-lffi GODFATHER"
judge Donald Noland has ruined more "FAMILYLIVES"than any "GODFATHER"ever
thought of with the illegal incarcerations he has issued out wher~~
not have subject
matter jurisdiction and the numerous conflicts of interest and violations of.~ "OATHOF
OFFICE"he was involved in!
"
Is the reason why James Donald Russian had Judge Lori Fleming, Judge AJ. Wachter, and
Judge Kurtis Loy conspire.to illegally incarcerate him because he "FORCEDTHE
GODFATHER"to an "EARLYRETIRMENT"and "THE GODFATHER:~Aas
an example of
"IMPROPERMISCONDUCT"in 2012!
\
P.S.I have included the "search warrant" that is more like a carto~an
an actual
search warrant on James Russian's illegal federal arrest. If you are actually interested in
doing a thorough investigation you can check u.S. vs James D. Russiaa.from February 24,
2014 hearing (Wichita, Kansas) whose audio can be heard using tfferInk'-ot,,\VW
w.
tinyurl.corn/p Zowy'Zy "or" www. YouTube.comj watch?v=jox38H6r;~~ ~
can jump to
21:42 minute mark onwards to hear for-your-self how-the blatant-lie
. .. _ se of office of
Lori Fleming on James Russian which led to him being denied bail.
"Check case No. 106,150" State of Kansas, appellee, v..Tyjuna M. Sharkey, appellagtto also see how
James Russian received "ineffective assistant of counsel" when his own court appointet\fttorney Douglas
Adams tries to disqualify himself but is not allowed by magistrate Kenneth G. Gale..
\
Cc
Debra L. Barnett
Office of United States Attorney Wichita
301 North Main Street, Suite #1200
Wichita, KS 67202
counsel )./
James Russian
Judge Wachter
also is biased against me as we both were of the Catholic faith and I am no longer attending the Catholic
church I was raised in, but he still attends this same Catholic church and we both attended Colgan High
School.
Judge Wachter states on page 65 of the court transcript,
age" ...my father coached AJ. Wachter in basketball and I played football with his brothel'.
I quit going to
that particular Catholic church and have since formed my own spiritual relationship with GOD. Judge
Wachter should never have been the presiding judge during my case since I have a lien against his
property and this is a violation of RULE 2.3 Bias, Prejudice, and Harassment.
Judge Wachter also violated RULE 2.2, which is Impartiality
yeah, well, you are laughing about it but and then Noland recuses, for what reason I don't know and
they sent it over to me. I'm not going to give you a hearing on that, YOU ARE NUTS DOI~G THAT." This
type of behavior by Judge Wachter is a violation of RULE 1.2, Promoting Confidence in to):? Judiciary and
RULE 2.8, Decorum, Demeanor, and Communication
on Pending and Impending Cases. It is also a violation of RULE 2.9(C), which states a judge shall not
investigate facts in a matter independently.
filed against Don Noland as that is another case. By calling me names and telling me I ~m NUTS, Judge
Wachter violated RULE 2.5, Competence, Diligence, and Cooperation(2)
by givlng.mea
demeaning
and he should
On page 27 of the court transcript, Judge Wachter states, "I'm not going to let you ask questions that
are inappropriate
GUIDELINES FOR THE DISTRICTCOURTS letter (D) Under Simple and Efficient Rules of Procedure (3)
which states, "The ultimate judicial goal should be JUSTICE, not SPEED, in the disposition of cases."
Judge Wachter also says at the bottom of page 27, "that is the rules of the game okay7-" It disappoints
me greatly to stand before a man who is determining
stated this is just a game to him. This is my life, my children's life, and I was under the impression
we
were in a court of law with rules, not playing the BOARDGAME of LIFE.
On page 30, Judge Wachter admits 01'1line 6 that he is ignorant when he says "We are
all ignorant
let's go on". Well, this is a violation of RULE 2.5 Competence, Diligence and Cooperation
a judge shall perform judicial and administrative
duties competently
and diligently.
so
If judge Wachter
This is a violation of RULE 2.6, Ensuring the Right to Be Heard. ~,as and still am
on what
line 22, Judge Wachter looked me in the eye with an angry look and said "Ym-lf0ing to get a
I could not believe my ears, I am a country boy and where I come from that
so I tried to say nothing further so I would not get arrested for contempt
front of Judge Wachter.
approximately
of court.
I am scared to go in
taller and weighs quite a bit more than ~ do. -Inave never seen
I
him fight, but I heard he was a pretty tough guy back then and as the story goes, you wouldn't
fight AJ. Wacther.
by violence, 5: characterized
want to
by unnecessary violence or
certainly not least, Definition 30: TO GIVE A BEATING TO, MANHANDLE, OR SlJ8JECTTO!PHYSICAL
VIOLENCE. The statement
threat, RULE 1.2, RULE 2.2, RULE 2.3, RULE 2.4(B), RULE 2.5, RULE 2.8, and Rule 2.12 Comment (1) which
says "A judge is responsible for HIS or HER OWN CONDUCT and for the CONDUCT of others".
Sincerely,
~tate of }kansas
Telephone 785-296-2913
Facsimile 785-296-1028
ME,MBERSOF,
PANEL A
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
Theodore B. Ice
Judge Member
Jennifer L. Jones
Judge Member
Christina Pannbacker
Lay Member
Julie Stover
303 S. JeffersonStreet
Frontenac, Kansas 66763
Re:
SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 666 J 2- J 507
Thank you for bringing your concerns to the attention of the Commission.
matter is now closed.
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 inappro .ate us
the
prestige of judicial office.
e t>. 1'\ uk
~1.\\\<2(Y
A judge, who incarcerated a respondent for contempt without the respondent having \ \..,
representation, was cautioned that counsel must be appointed before incarceration for \ \\6
indirect contempt. Johnson v, Johnson, 11 Kan. App. 2d 317, Syl. ~7 (1986) was cited.
\ I ( Ia
A judge, who made a disparaging comment about courtroom spectators -daring a hearing
which was acknowledged by the judge and reflected in the transcript, was cautioned
about future word choices.
A judge, who consulted with law enforcement and discussed subject documents in a case
with one of the attorneys involved in the case, was cautioned regardingindependent
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 15 months, was
cautioned regarding delay.
A judge, who admitted to using language occasionally which soci~ might fmd
offensive, was cautioned on the use of offensive or inappropriate language od reminded
of the importance of considering the public's perception of the system. Rule 1.2 and
Comment [3] were cited.
~
22 "'.
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ttV~
Date:
7/22/2015
Time:
01 :26 PM
User: KV
Page 1 of 2
Case: 2013-DM-0~0308-P
(CU~JUdge:
(Dt!
(lJc-A-
AJ Wachter
~ tIl'trf"es
Petition Filed
Document 10 Number: 224782
V! ,\\ ~t-~
o fl
f<. e,'T"V" l
Act
(10 tfxf)
f) l)
tI
II
e R c()0
A J Wachter
A J Wachter
A J Wachter
A J Wachter
A J Wachter
12/20/2013
A J Wachter
1116/2014
A J Wachter
A J Wachter
A J Wachter
A J Wachter
A J Wachter
bond
Document ID Number: 227018
A J Wachter
A J Wachter
A J Wachter
1/22/2014
A J Wachter
1/24/2014
A J Wachter
1/2712014
Transcript of proceedings
A J Wachter
2/5/2014
Notice of Appeal
Document ID Number: 229182
A J Wachter
2/13/2014
A J Wachter
A J Wachter
A J Wachter
+-
0 {-
Date:
7/22/2015
Time:
01 :26 PM
ROA Report
Page 2 of 2
User: KV
Case: 2013-DM-000308-P
Current Judge: A J Wachter
Date
3/13/2014
VS.
\
Email Sent Date: 03/13/2014'03.15
pili Tcr:-el'lafa
araoharo.com File
Attached: FINALORDEROFPROTECTIONFROMSTALKING.pdf
Name of
Document: Final Order of Protection from Stalking
Judge
A J Wachter
J Ucl.)
~'(
r.;Jo..uV
/"~D3~
f\r;-+ ~~..J ~
~e~vA
.
----------2013
ANNuAL REpORT.
PAGE
28~---------..
---
, am making this ethic complaint with the Kansas Commission on Judicial Qualifications
Frederick Smith of Crawford County, Kansas for the following
~n Honorable
against Judge Wachter and Judge Noland who are both work colleagues of his and have ~een for over 20
years and I did not feel comfortable
On statement
In my closing statement,
I received a new court date on June 8, 2011, but I was surprised when I showed up
from this case and I feel he violated RULE 2.11 of the KANSAS CODE OF JUDICIAL CONDt1~.
comfortable
I do not feel
in front of any judge in Crawford County, Kansas and I am afraid to speak in court or I will
I feel
he has violated RULE 2.2 of the KANSAS CODE OF JUDICIAL CONDUCT as he was not showing impartiality
and fairness towards me because I had filed ethic complaints on two of his work colleagues.
I did not
bring this up in my MOTION FOR CONTINUANCE because I thought that my ethic complaints on his work
colleagues would have been a big enough conflict of interest that I did not feel I had te bring up my
personal relationship
with Frederick Smith. However, I feel Honorable Smith violatedR:/JLE 2.3 of the
KANSAS CODE OF JUDICIAL CONDUCT as he has been biased and prejudiced against me for an incident
that happened approximately
20 years ago. I was getting my hair cut at Kristy's Beauty Corner over by
Pittsburg State University and Honorable Frederick Smith's wife was in there getting her hair cut. She
was informing the hairstylist and whoever else would listen in the shop as she was pretty angry about
this incident she was speaking about.
Smith, was a cheater and that he was having an affair with his secretary at the time, Mrs. Bozich. I knew
of Mrs. Bozich's husband, John Bozich, and was very shocked to hear this information.
with Mr. Bozich but I was friends with a co-worker of his, Michael White, as we both went to the
Catholic Church together for years. I knew that both, Mr. Bozich and Michael White, wojked at the
Residential Center for Youth for years and then went on to work together at KAW VaUey., I informed Mr.
White what I had heard and of course hie went on to tell John Bozich about the so-called affair between
Honorable Frederick Smith and Mrs. Bozich. Mr. and Mrs. Bozich got a divorce and I feel that Honorable
Rick Smith has been mad at me ever since I let this information
revealed that day in Kristy's Beauty Corner. This is another reason that Honorable Frederick Smith
should never have heard my case.
I also feel he violated RULE 2.6 of the KANSAS CODE OF JUDICIAL CONDUCT Ensuring the Right to be
Heard, because when I spoke, Honorable Smith said, "MR. RUSSIAN, YOU BETIER SHUT YOUR MOUTH
71C
NOW!!!!!
their mouth and threaten them with jail is no way to treat anybody, let alone a party to a lawsuit in a
courtroom
I am
t~ scared to
being
I feel Honorable John Gariglietti should have re-assigned this case to another judge
from another county and he did not so I think he is responsible for this mistake as well. For this reason, I
am also filing a complaint on Honorable John Gariglietti, for violating RULE 1.1 and 1.2 of the KANSAS
CODE OF JUDICIAL CONDUCT as I have no confidence in the judges of Crawford County ~~ be fair to me.
I feel that Honorable John Gariglietti violated RULESOF THE ELEVENTHJUDICIAL 91STRICTSTATE OF
KANSAS RULE NO.2 on Assignment of Cases. This case should have been re-assigned like Chief Justice
Lawton Nuss has done in the past by assigning Retired Judge Janice Russell to cases that are conflicts of
interests.
I would now like to file a complaint
on June 9,
2011 in case number llSC57P that I attended with Vera to support her as she is a Jriern;! of mine.
Before court started at 9:00 AM, I heard Pro Temp Judge Rick Smith telling the Defendant, Edward
Battitori, also an attorney in Pittsburg, Kansas, in case number llSC57P, that Eddie should have a seat
and Judge Smith would call his case fast. Pro Temp Judge Rick Smith then called this case first that day
so his friend lithe Defendant, Eddie Battitori",
violation of EXPARTERULE 2.9 of the KANSAS CODE OF JUDICIAL CONDUCT ashe made this statement
before court without
consent of Vera Pepper, who is the other party. I feel this is also a violation of
K.S.A. 60-104 Acts by Court of Judge which says "that no hearing, other than one ex parte, shall be
conducted outside the district without the consent of all parties affected thereby who are not in
default".
~apacity by not
allowing Vera Pepper to have me, James Donald Russian, appear in a representattve capacitv which the
code allows since I am not an attorney.
Edward Battitori and that is why he called his case first and had an EXPARTEconversation
save him time.
with him to
is a party in small claims court and I feel this is a violation of RULE 2.3 of the KANSAS COqE OF JUDICIAL
CONDUCT by being biased and prejudice.
KANSAS CODE
OF JUDICIAL CONDUCT for a conflict of interest and I do commend him for that. This is how I feel he
should have handled case number C11000400 and should have disqualified
also made a ruling in case number llSC61P involving ({JOEPAGE" to have a power of attorney,
but
Judge Janice Russell did not allow Michael L. King in case number llSC33P to have a ~OWER OF
ATTORNEY when I was made aware of that case number.
I do not understandwhvone
rule can be
broken by one judge and one party is allowed something where another party in another case is not
allowed the same respect.
Kansas?
It seems the only time you can have a POWER OF ATTORNEY or a representative
K.S.A. 61-2707
in.acr:~rdance with
la) in Crawford County Court is if you are possibly a millionaire businessman like JOE
PAGE was in Pittsburg, Kansas for over 20 years. It is VERY, VERY possible that every judge in Crawford
County, Kansas has at least done business with JOE PAGE as he owned a trash service in town amongst
other types of businesses. I have enclosed an order from case number 11SC33P where Judge Janice
Russell says that The court denies Mr. King's motion to allow his son to act as his
even though is son is his Power of Attorney.
spokesperson in court
he is
speak for him and Joe Page 1)10 NOT EVEN SHOW
UP! I am making this complaint so that I can understand the rules of SMALL CLAIMS court so that I
don't get a contempt
of court.
is wrong and I would like to find out as soon as possible on the statute K.S.A. 61-2707 (a). Can you have
a representative
that is not an attorney sit with you in small claims court or not? Can you have a power
of attorney speak for you in small claims court or any court for that matter and the party not even have
to show up? These are questions that need to be answered to avoid public citizens-goinQ to jail for an
UNNECCESSARYcontempt of court charge.
Sincerely,
No violation was found when it was alleged a district judge denied a defendant the right
to a jury trial on an appeal from misdemeanor convictions following a trial to a
magistrate judge. The judge acted in accordance with K.S.A. 22-3609a and 22-3404.
No violation was found when it was alleged a judge made inappropriate personal
comments to a defendant by telling the defendant to shut tJP. The transcript of the
proceeding did not reflect the statement.
""'S~y/\ 'Ie 15 CDrl'pl "'~11.+ 0 VI fr.~ y.~(l'<,
>
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No violation was found when it was alleged a judge ordered the complain~t be removed
from a CINe temporary custody hearing. While the judge admitted thec0l!tplainant was
asked to leave the courtroom, it was because interested party :status -had not been
requested or granted and the attorneys also requested removal. The removal from the
courthouse was due to disruptive and disorderly behavior.
No violation was found when it was alleged a judge failed to recuse due ~ a conflict of
interest. A hearing was held on the motion to recuse, and the party ~
advised the
matter could be further addressed with the chief judge.
No violation was found when it was alleged a judge exhibited racism toward a defendant
and/or defendant's homeland with regard to decisions. The defendant was represented by
counsel, and court pleadings did not reflect any violation. There were no; witnesses to
support the allegations.
No violation was found when it was alleged a judge exhibited disruptive behavior by
continually interrupting and yelling at a defendant and telling the defendant to hurry up
so the judge could go home. While the judge admitted to being stem to maintain control
of the courtroom, the judge denied exhibiting disruptive behavior. Witnesjes confirmed
the judge acted appropriately.
No violation was found when it was alleged a judge inappropriately held court at a
correctional facility. Authority does exist to hold hearings at a correctional facility
pursuant to K.S.A. 20-347.
t',_
21
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I was reading through Kansas Court Rules and Procedures and was reading the section titled
FOR
After reading this, I do not feel that I have received Justice in case number
PRINCIPLSAND"GUIDELINES
without
Delay, With
by competent
-and~ad
not guilty
on April 7, 2011. I was supposed to be to trial by October 7,2011 which would have-been 180 days since
I plead not guilty.
K.S.A. 22-3402(2) says that If any person charged with a crime and held to answer on
an appearance bond shall not be brought to trial within one hundred eighty (180) days after
arraignment
on the charge, such person shall be entitled to be discharged from further liability to be
tried for the crime charged, unless the delay shall happen as a result of the applk-at-iGn?r fault of the
defendant,
or a continuance
I was suppose to have a Jury Trial-G Hearing on August 11, 2011 and I have enclosed the returned
subpoena of Jeremy Allen to show this. I also have enclosed a copy of the court docket. showing that a
Memo to Pam Re: Jury Trial was filed on April 7, 2011. The docket also shows that on AUfust 1, 2011
the State of Kansas issued 4 subpoenas. The docket shows that on August 2 r 2611 3c.ofthe witnesses
had been served but not Holly Engelbrecht-Russian.
Holly Engelbrecht-Russian
certified mail on March 29, 2011 and should have been served again this way on August 1, 2011.
It is now January 7, 2012 and I have still not been to trial and there has not been a conti9uance
issued by
the court in accordance with K.5.A. 22-3402(3) and this case should be dismissed. -A<:oo~ing to letter (D)
under Justice is effective says that (D) Under Simple and Efficient Rules of Procedure, it is "Designed to
encourage advance trial preparation,
of justice.
of
delay causes litigants expense and anxiety. Judges and lawyers have a
is reasonably possible to do so. Number (4) says that No case should be permitted
and that is what I feel is going on in my case. My case has been on the docket too long and is floating in
the judicial system. (5) says that there should be time standards established as a guide for the
disposition of cases.
After I read statement
(5) I then went to the TIME STANDARDS and saw what the median for criminal
with number (8) under Justice is effective as it says that "The most effective way of comhrting
delay is to modify the local legal culture by the adoption and use of a case maaagemeatsvstem.
basic concept of case management
of litigation.
responsibility
court
The
It is the duty of the judge to the people to run the court and not abdicate the
to counsel.
I feel that Judge Noland also did not comply with (9) (A) under Justice is
Honorable Noland has allowed this case to float in the system to long and has not taken.control
court calendar since Information
of the
to the (180)
calendar days for me to go to trial by October 7, 2011. According to letter (E) under Justice is effective
.-t,
Noland is not giving this case priority even though it has been on the docket since ~arch
2, 2011.
r feel that with all the issues r raised that Honorable Noland has now violated THE KANSAS CODE OF
JUDICIAL CONDUCT.
I feel that he violated RULE 1.2(5) appearance of Impartiality,
Honorable Noland in the past and I feel that he can not be impartial in this
case. lieeltb~t
against
he can not
listen to this case and be Impartial and Fair in accordance with RULE 2.2. I also feel now that I have
made an ethic complaint against him in the past that he is biased against me according to RULE 2.3 and
he should disqualify himself from hearing this case in accordance with RULE 2.11. I feel he also could
me
have violated RULE 2.4(6) as he is allowing other interests, which I feel is his biased ag~inst
>.
as why
And last but not least my attorney Katherine Cerne wrote a letter on A~ril 6, 2011 for Honorable Noland
to disqualify himself in accordance with K.S.A. 20-311d and he has still not made a decision.
attorney shows Via Facsimile to 620-724-4987 which is the courts number.
My
mail to Judge Noland to disqualify himself with a Request for Jury Trial Out of Time attached.
I went and
got a copy of the court docket on January 3, 2012 and noticed on April 6, 2011 that the clprk of the court
had only filed the 2nd page which was the "Request for Jury Trial Out of Time". I think that the clerk of
the court made a mistake by not getting the full document filed in the case and did not follow K.S.A. 602601(d).
I noticed this on January 3,2012 so I took my copy and had the letter to Honorable Noland to
disqualify himself stamped with the court on January 3, 2012. Even though the clerk oftt'e
get this filed like she should have on April 6, 2011, the court still received this as
the court. Judge Noland has never given the hearing my attorney
requested.
mv att~ney
faxed it to
Noland has waited this long to make a decision to disqualify himself and this court case has went over
the 180 days to get a defendant to trial, I now feel he violated RULE 2.11 because he still has not
disqualified
himself even though there are numerous conflicts of interests and he is ~ed
~he Commission
action by issuing a cease and desist order to Honorable Noland on this case,
James Russian
against me.
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 ann~l 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 privat~ly ordered to
cease and desist from dilatory practices which result in unnecessary delay,
A judge was found to have violated Rule 1.2 by making an inappropriate joke while
appearing on a radio program. The judge was cautioned about future word choices and
the importance of public perception.
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 impwpriety, after
admitting a romantic relationship with a court employee. In cautioning il?-ejudge, 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.
i1~'C-:~
A judge, who was found to have violated Rule 2.5(A) by failing to rule o~a motion for
~v
Q.
--ju' 0)
~ti~""
.'
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 4.1(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 .',-
Telephone 785-296-2913
Facsimile 785-296-1028
CHAIR:
David J. King
Judge Member
VICE-CHAIR:
January 13,2012
William B. Swearer
Lawyet Member
Nancy S. Anstaett
Lawyer Member
J. Patrick Brazil
Judge Member
Bruce Buchanan
Lay Member
Dr. Mary Davidson Cohen
Lay Member
RobertJ. Fleming
Judge Member
Theodore B. Ice
Judge Member
Cordially,
~n8'~
Jennifer L. Jones
Judge Member
Jeffery A. Mason
Lawyer Member
Christina Pannbacker
Lay Member
Secretary
mm
Mikel L. Stout
Lawyer Member
Carolyn Tillotson
Lay Member
Thomas L. Toepfer
Judge Member
.
SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 66612-1507
I)
Date:
7/22/2015
Time:
01 :27 PM
ROA Report
Page 2 of 3
Case: 2011-CR-000093-G
User: KV
Misdemeanor
Date
"
Judge
4/12/2011
Donald R Noland
7/13/2011
Donald R Noland
8/112011
Donald R Noland
8/2/2011
Donald R Noland
Benne Phipps-office-8/1111,
Donald R Noland
1/3/2012
Donald R Noland
1/6/2012
Donald R Noland
2/6/2012
Hearing Rescheduled
not returned
2/7/2012
Notice of Hearing
Document 10 number: 97052
Donald R Noland
2/27/2012
Donald R Noland
Donald R Noland
3/26/2012
Donald R Noland
4/312012
Hearing Scheduled
(First Appearance
(First Appearance
02/13/2012
05/14/201209:00
AM)
Donald R Noland
Donald R Noland
Donald R Noland
5/2/2012
Donald R Noland
5/22/2012
5/23/2012
-?(
Document sealed
5/24/2012
5/31/2012
6/112012
6/7/2012
Diversion Agreement
Document 10 number: 105145
Date:
7/22/2015
Time:
01 :27 PM
Page 1 of 3
Misdemeanor
Date
3/2/2011
Judge
Information
Document ID number: 72788
Donald R Noland
Donald R Noland
Factual Affidavit
Document sealed
Arrest Warrant Issued Bond amount: .00
Donald
Document ID number: 72789
3/3/2011
3/4/2011
3/11/2011
Donald R Noland
Donald R Noland
Donald R Noland
Donald R Noland
Donald R Noland
Donald R Noland
Donald R Noland
Warrant Returned
Document ID number: 73096
Donald R Noland
Donald R Noland
Donald R Noland
Donald R Noland
3/14/2011
3/29/2011
3/31/2011
Donald R Noland
Donald R Noland
4/412011
Donald R Noland
4/6/2011
Donald R Noland
4/7/2011
Notice of Hearing
Document ID number: 75897
Donald R Noland
Donald R Noland
Donald R Noland
3/15/11
Donald R Noland
Donald R Noland
)
)
)
VS.
:.~"y
. -----
....
--.---
)
)
)
ORDER TO DISMISS
NOW, on this
, 2013,
day of ~
the above
entitled matter comes before the Court on the Motion to Dismiss filed herein by the State
of Kansas.
The Court, being fully advised, finds that the above-entitled matter should be and
hereby is dismissed with prejudice,
as Defendant
has complied
Diversion Agreement.
Date:
7/22/2015
Time:
01 :27 PM
Page 3 of 3
User: KV
Misdemeanor
Judge
Date
9/13/2013
Motion to Dismiss
Document ID number: 137284
9/16/2013
Order to Dismiss
Document ID number: 137285
Fll..:n
'"rrV
'12
IN THE DISTRlCT
JJN-7
cCRI( OF DI'":
STATE OF KANSAS,
A.WFDlTO'
___..
'-.
Plaintiff,
VS.
AlJ .'57
tr.,
tIler too ~
. COU/fry
fI,
day of ~
Attorney. The matter comes on before the Court on the joint agreement of diversion of prosecution
and continuance for approval by the Court.
The Court, being fully advised in the premises, finds that the defendant was charged on the 18th
day of February, 201 I, with
misdemeanor, contrary to KS.A. 21-3843 (a) (6) and these charges remain in full force and effect.
Defendant agrees as follows:
1. To pay the following fees within 90 DAYS of the date of signing this Agreement, to-wit:
$160.00
a. Court Costs:
b. Fine:
c. Diversion Fee:
d. Other:
s
$
TOTAL:
$]60.00
EITHER
DIRECTLY
OR INDIRECTLY
3. That the following facts are true and correct and the defendant is stipulating to these facts:
That on or about 18th day of February,
2011, in Crawford
County,
Kansas,
Donald Russian, then and there being did unlawfully and knowingly or intentionally
protection
and amendments
thereto, in Crawford
James
violate a
in violation of KS.A.
5. That under the Constitution of the United States and of the State of Kansas, the defendant
has the right to be represented by a lawyer at all critical stages, before trial, at trial itself, and during
proceedings to determine what sentence should be imposed if he/she is found guilty. The defendant
understands that if he/she is unable to obtain the services of a lawyer without incurring substantial
hardship to themselves or to their family, one will be furnished for him/her. Court may order
attorney fees if appropriate and the defendant is financially capable of so paying.
6. That if the State files a motion to revoke diversion due to the defendant's failure to comply
with any of the provisions of this diversion agreement, including but not limited to failure to pay
fees, and the criminal proceedings on the complaint are resumed, the defendant agrees and
acknowledges that the proceedings, including any proceedings on appeal, shall be conducted on the
record based on the stipulation of facts relating to the complaint, and the defendant will be unable to
present any defense as to the underlying offense and stipulation of facts. The State, however, may
present additional facts necessary to establish a factual basis if required by the Court without
objection by the defendant.
completion
complaint
with
The defendant acknowledges that he/she has read and reviewed the above diversion agreement,
including the waiver of rights and stipulations. The defendant further acknowledges that he/she
understands this diversion agreement and will comply with its terms.
D. The Court further finds that:
1. The defendant has voluntarily waived his/her right to a speedy trial with advice of counsel.
2. The defendant understands that the State must prove him guilty beyond a reasonable doubt and
that he/she has a right to a trial.
3.
the charges
pending against him will remain in full force and effect and that the said matter may be set for trial
prior to the end of diversion period if this diversionary agreement is terminated before successful
completion.
4.
That upon successful completion of the diversion period, the complaint will be dismissed with
released pending trial or disposition for a period of twelve months, conditioned upon the successful
completion of the diversionary program and upon the following conditions, to-wit:
1. That he/she refrain from violating any ofthe laws of the United States or of any state.
2. That he/she report to this Court, the County Attorney's Office, or any other person at any
time that he/she may be ordered to do so by the Court or anyone so designated by the Court.
3. That he/she pay the associated costs as enumerated above during the allotted time.
The Court or the State of Kansas hereby reserves the right to terminate this agreement at any time
prior to the successful completion of all the terms of this diversion agreement and dismissal of the
3
case herein, if the defendant fails to fulfill any of the terms of this agreement or demands that this
case be set for trial.
DiS~~=r"",--
Approved:
I, James Donald Russian, the above-named defendant, have read the above order and know
the contents thereof and I hereby agree to comply with the conditions as set forth herein.
3\ day of
2011~
e J...
\. o:-e.
~
. \'
C\ f\Cj
March
:J 6 I A
Kathleen Cerne
1001 N Broadway
Pittsburg, Ks 66762
I never heard back if you filed a Motion to Dismiss for lack of presecution
and
promptly to trial in accordance with i<.S.A. 22-3402(2} or 1f'VGU ft{ed_ the motion to
this would be a conflict of interest in accordance with RULESRELATING TO JUDICIAL CO~DUCT CANON 3
RULE 3.1. Perhaps the reason why this case has not been dismissed yet is that:~
biased for the prosecution
Noland is
I just wanted to touch base with you, since you are my court-appointed
attamey:amH
back from you regarding this stalking case. I wanted to get in touch with you because I hfve been
welding out of town on a-couple jobs and +m-currentlv
could take 8 to 12 weeks.
otrt-of-townTight-new-ifl
WV~
Feel free to call me at my cell phone at 620-249-4608 as I will be out of town and will not be able to read
any letters you would, have sent me.
Sincerely,
James Russian
w h..'1
May 6 ,2012
W rH) \0-
300
he S}
j v'1 ~
'1 ~e
Ja.y5
1) 1J
)0tX.?~
{>
Y 5 ~0.1\
a.. {4--e r 6 U e
'1l>+Cdiu'l-l~;'\("'J\
1>
Kathleen Cerne
j{e~ r~c\\
1001 N. Broadway
-r he
Pittsburg, Ks 66762
-)
()}t).-el')
~ 411'lE'-&
lie
,1'5
~01'
4-f-R AU
t)
contact with my attorney and I told her that Ihad sent you letters.
I am very disappointed
that this case has been going on for over a year and still has not been dismissed.
my children.
I have a rare trade skill that pays per diem and good wages on the road. However if I am
forced to be stuck around Pittsburg, Kansas this town does not pay anything close to what I can make
over seas or in other states on the road.
I would like for you to request a hearing for attorney Michael Gayoso to recuse himseJf from prosecuting
this case. According
FORMER CLIENT, Rule 1.6 CONFIDENTIALITY OF INFORMATION, Rule 1.7 CONFLICTOF INTEREST:
GENERAL RULE, and possibly Rule 1.8 CONFLICT OF INTERESTPROHIBITED TRANSACTIONS I feel that Mr.
Gayoso should be disqualified
the state. She is my ex- wife and Mr. Gayoso was her divorce attorney during our divorce and she later
retained Mr. Battitori to represent her at a hearing that took away my visitation freedom with my
children.
Mr. Battitori and Mr. Gayoso also were previously private law partners before Mr. Gayoso
did not do all that he had informed Ms. Pepper that he-would do for
what she paid him. I showed up at the case with Ms. Pepper and attempted
K.S.A. 61-2707(a) but Honorable Rick Smith told me I was not allowed even though the Small Claims
Pamphlet says that "Indivlduals
and Corporations
representatives".
I feel the reason this case has not been dismissed is because of Mr. Gayoso's prejudice against me for
the above reasons' stated.
Please inform me if you will be filing a motion for Mr. Gayoso to recuse
I'
.,.
himself for conflict of interest or if I need to proceed with filing my own complaint
to sue the
county for civil damages if this case is not dismissed and I was wandering if you would 1ike to represent
me in a civil lawsuit against Crawford County if this case is not dismissed or if I will need to proceed Pro
Se for that.
I also wanted to let you know that if the county does not dismiss this case and we do I~
do want you to file an appeal. I would like you to file a post trial motion
at trial that I
22K.S.A. 22-
if! aC-OOT-danGe,w~th
K.S.A.
3501 and if we lose that then I would like to appeal in accordance with K.SA 22-"3"601and
3602. I also would like for you to file a motion in accordance with K.S.A. 22-3418 View of Place of Crime.
I feel once the jury sees the house that I stopped at then the case would be dismissed for sure and I can
get a little peace of mind.
The stress and anxiety that this is causing me for being held over my head forover-:a.year
getting to much for me to handle.
is almost
I also
would like for you to file this letter into the case docket and file everything else I have sent to you
previously in this case up to this point as well.
that has went on to be in the court docket for the appeal judges to be able to view. I waf also informed
that Honorable Noland retired at the end of March and I would like to know-whatjudgenas
assigned this case.
Sincerely,
James Russian
been
Case 6:14-cr-10018-EFM
Page 1 of 2
)
)
)
)
)
vs.
l
--------------~)
JAMES RUSSIAN,
Defendant.
~\
1
Case 6:14-cr-10018-EFM
Page 2 of 2
the evidence from the prior incidents were necessary to prove the elements of the charged
offenses, and only provided background for why law enforcement gave chase, which was not
contested at trial.
Even if it were relevant as res gestae, rule 404(b), or otherwise, the prejudicial
impact far outweighed the probative value. Without this evidence, it is clear that the
Government's
case against Mr. Russian would have been substantially diminished, and the result
respectfully requests that this motion be granted and that the Court acquit Mr. Russian, or in the
alternative, grant a new trial without the previously discussed evidence of other crimes displayed
through the cell phone text conversations
phone
showing what appeared to be marijuana and cash, the testimony ofT.P., and the testimony of
officers describing why they were chasing Mr. Russian based on the statements ofT.P. and A.L.
Respectfully submitted,
sl Douglas L. Adams, Jr.
Douglas L. Adams, Jr., S. Ct. #16092
200 North Broadway St., Suite 300
Wichita, Kansas 67202
(316) 264-0100
[email protected]
CERTIFICATE
OF SERVICE
This is to certify that, on this 26th day of June, 2015, a copy of the foregoing
Motion was sent via electronic filing system to the United States Attorney's Office.
Case 6:14-cr-10018-EFM
Page 1 of 2
)
)
)
)
)
)
)
JAMES RUSSIAN,
)
Defendant.
)
)
(text and pictures) taken from his phone(s). Because the crimes were for possession of firearm,
drug possession, and possession of a firearm in furtherance of a drug trafficking crimes, none of
Case 6:14-cr-10018-EFM
Page 2 of 2
the evidence from the prior incidents were necessary to prove the elements of the charged
offenses, and only provided background for why law enforcement gave chase, which was not
contested at trial.
Even if it were relevant as res gestae, rule 404(b), or otherwise, the prejudicial
impact far outweighed the probative value. Without this evidence, it is clear that the
Government's
case against Mr. Russian would have been substantially diminished, and the result
WHEREFORE, for all the foregoing reasons, James Russian, through counsel,
respectfully requests that this motion be granted and that the Court acquit Mr. Russian, or in the
alternative, grant a new trial without the previously discussed evidence of other crimes displayed
through the cell phone text conversations
phone
showing what appeared to be marijuana and cash, the testimony ofT.P., and the testimony of
officers describing why they were chasing Mr. Russian based on the statements ofT.P. and A.L.
Respectfully submitted,
sl Douglas L. Adams, Jr.
Douglas L. Adams, Jr., S. Ct. #16092
200 North Broadway St., Suite 300
Wichita, Kansas 67202
(316) 264-0100
[email protected]
CERTIFICATE
OF SERVICE
This is to certify that, on this 26th day of June, 2015, a copy of the foregoing
Motion was sent via electronic filing system to the United States Attorney's Office.
Page 1 of 4
vs.
JAMES D. RUSSIAN,
Defendant.
MEMORANDUM
AND ORDER
on the following
of a drug trafficking
possession
841(a)(1).
crime in violation
a controlled
of 18 US.c.
substance
924(c)(1)(A);
in violation
and (4)
of 21 US.C.
A.
the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal."
When reviewing
the sufficiency
of evidence
any rational
whether, 'after viewing the evidence in the light most favorable to the prosecution,
trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' ,,1
Substantial evidence must support the conviction, but"
exclude every
other reasonable hypothesis and it need not negate all possibilities except guilt.,,,2
Furthermore,
the Court cannot cast aspersions on the credibility of witnesses or weigh conflicting
evidence,
because "these matters are within the exclusive province of the jury.?'
Defendant
asserts that the evidence at trial was insufficient to support a guilty verdict.
it is
not even a close call as to whether a rational trier of fact could have convicted Defendant on the
evidence
presented.
Therefore, Defendant's
.
j:
B.
evidence
A court may "grant a new trial if the interest of justice so requires."? A motion for a new
~
~
trial is viewed with disfavor, and courts only grant such motions with great caution.' The burden
I United States v, Magallanez, 408 F.3d 672, 681 (10th Cir, 2005) (quoting Jackson v. Virginia, 443 U.S.
307,319 (1979)).
2 United States v. Vallejos, 421 F.3d 1119, 1122 (10th Cir. 2005) (quoting United States
F.3d l312, l319(lOthCir.1994.
v.
Johnson, 42
Magal/anez, 408 F.3d at 682 ("The jury apparently believed the witnesses, and that is the end of the
matter.").
4
United States v. Pearson, 203 F.3d 1243, 1274 (10th Cir. 2000).
-2-
Case 6:14-cr-10018-EFM
Page 3 of 4
is on the defendant to prove the necessity of a new trial." "[T[he relevant rule is that a new trial
should be granted upon any error of sufficient magnitude to require reversal on appeal.?"
Defendant makes two arguments as to why a new trial should be granted.
First, he
contends, without any elaboration, that the Court erred "when it admitted the evidence of
marijuana and weapons and cell phone data found in the vehicle and residence following pretrial
motions which should have been sustained.',g The Court denied Defendant's motions to suppress
and set forth its reasoning in a detailed Memorandum and Order filed April 23, 2015. Defendant
has not alleged any inconsistencies in the facts or any new facts that were not present before the
Court at the suppression hearing. He also has not set forth any change in the relevant case law.
Defendant has therefore failed to meet his burden to show that a new trial is warranted on this
basis.
Defendant also argues that the Court erred when it "permitted the Rule 404(b) evidence
of what transpired prior to the chase on the back roads of Crawford County from the night before
through what happened just before law enforcement began to chase Mr. Russian in addition to
the data (text and pictures) taken from his phonets)."?
evidence is directly connected to the factual circumstances of the crime and provides contextual
United States v, Walters, 89 F. Supp. 2d 1206, 1213 (D. Kan 2000) (citations omitted).
Id. (quotations
Defendant's
omitted).
91d.
10 See United States v, Irving; 665 F.3d 1184, 1212 (10th Cir. 2011) (stating that Fed. R Evid. 404(b) limits
the admissibility of evidence related to other crimes or wrongs but it only applies to evidence of acts extrinsic to the
crime).
-3-
Case 6:14-cr-10018-EFM
Page 4 of4
or background information to the jury."!' The testimony at trial regarding the events that led to
the car chase and Defendant's arrest provided background information to the jury. Without it,
the law enforcement officer's testimony as to why he pursued Defendant into Kansas, arrested
him, and searched his car would have been confusing and incomplete.
<-------=-~-
Furthermore, the
probative value of "the Rule 404(b) evidence" was not substantially outweighed by unfair
prejudice.
Therefore, Defendant has failed to meet his burden to show that a new trial
IS
warranted on this basis as well. Defendant's Motion for a New Trial is denied.
IT IS THEREFORE
ORDERED
/~.
?/74~
ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE
\~
11
VY\?I...)(@C;
No SQ"
)Q.
United States v. Parker, 553 F.3d 1309, 1314 (10th Cir. 2009)(citation and internal quotation omitted).
-4-
1\'OY--21-101
..3 U:.13l'lA
tt
fROlA-JUDIiEFLEhI\!t1i
235-0008
T-061
P,005/00e
H25
???
WHERBAS, at! Affidavit and Application for Search Warrant has been made to me by
Deputy Cbris Wilson, Crawford Coanty Sheriff's Department, and having evidence ~
.2..athbefore me from Which I find that there is probable cause for believing as follows:
1. The following crime or crimes under the laws of the United States, the State of
Kansas, or any municipality of this county have been committed, to-wit:
KSA #21-S706{a)
KSA #21-5706(b)(3)
or evidence of said
S. That said items will be found at, in or upon the following described person, place
or means
ofconveyan~Wrong
Address!!!
The residence of 503 E. Kansas Apt #1 Pittsbutg Kansas 66762 wililin Crawford
County described as a crown brick building with a porch on the north side, It will
be the second residence west ofCollt.-ge St. on the south side of the road. The
builcling has two exterior doors one on the north side and one on the south side
with a hall way in tbe middle. Apt. 2 is one ofJour apartmentS within this building
end is located Qn 1.bc ~orthWl:!$l comer of the building. Apt. ?112is occupied by
James D. Russian.
FROtA-JUDGE FLEMING
???
-a
-.
AI 0 V .d- to
???nj!' .5'
I.
.. /
,2003
oclockiJn.
IDDGE~
There are
~9 Wll\IQ9W",
tbe,CraWfolti counh' cou,rt house where Judge"l.od ~., BOlton and t:laine SChultz
, claim to have "observed" that Mr. R.ussianwas stalking them. ,',
.,.
Why didn't the Judge or Mrs. Schultz @Il the police since they claim they feared
to- have
filED
Judge Fleming
On NOV-27-2013
@8"23pM
???
TlIEg,EVE..l'ITHJUDICLI\..LDISWQ'QllRTOF
CRAmORD
~""1ffi
~
COVNTY.
TN REi SEARCH
WARRANT
FOR!
l'1:U~fKR~'~M~f~;
SIllllSUIlg
ot
IIIld
APPLl,CATIONFOR SEARCHW~
State ofKrmsas, Crawford County, ss:
"
..:
person, pb.ces,
thing s, Dr means or
coovCJ'lln~,
N'!
probable
caw!!
P .OI!3/VOI F-m
l!~
The Warrant
Was Faxed Hwy ~
'.
.....
"
.'
~.'
. The t1cei!lg dr:iver was later located lying dowl1m.the wooded area a.short
distance frOlllchis vehicle and "taken 111(0C~Qdy. The'SuSp~driver was idc!Itlfiodby his
Kansas driver's license as James Donald Russinn. I then took et,lstody ofMr.R.ussiun and
conducted a search of his person, lftbis possession he had a pair of teading glJlsses, a
SamsUrig cell phone red end black In color and a wallet containing $210.00 m cash.
Specifically 1.9-,$10.00 bills and. one $20,00 bilL Barten County Pepuly Jon:lanJustice
ythoappreilended Mr. Russian then rcturnc4 to MisSouri to 1ilrtber investigate the crime
leaQing to the pqrsuit.
..
. ;.
.'
I then conducted a search of ~
vehicle in attempt to locate the
possible hand gun used in the reponed cnme, 'l'h.)'Vcbiclo WIS A 2003 Kia Sorento Utility
. Veldcle blulsh green in color bearing a Kansas license plate of G82ATO that rewrned to
the-, ,~>-,:>~---.
~.?ijn Family Trost Inside of the. vehicl~-..,
I located the following .itenlS;.....
2
l-J~jY'f' 4!.'T- ~.~In
.
In the driver's door a ball of greed leafY substance that based on my training and
experience Ibelieved to be n:tarijuana.
Also on tlre driver's side was lo~tecl one $1.00 bill, one$S.OO bill and one $10,00
blll, ...
,..
the front
~tIiaicontamed
. 4- One broken g1!1Ss- smoldnll pipe with a whlte powdery residue and a burnt marI{.
Due 10' my training and expeclencethe white powdery substill\cc within the glass
pipe is believed to be Ine!Mm-phetamine
.
===-"*
-;:=:=C;::===, ,
Missing???
~~~OGI~-:==81
~o~===~.~~,
~~
:=:=,=.--~~~,'
~th~~.
Correct
,
Address???
~
,
,
Not Missing???
'
'
;.
is
FURTHER~T
SAlTHN9T.
,'
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.
503 ,East Kansas,
-Apt #2.
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,,_, -RETURN OF SEARCH
WARRANT
55:
How Can You T"rlE STATE OF KANSAS TO any-ShcrifI, Deputy Sheriff Or Peace-Officer of the State or
Search a House any Peace Officerof Kansas:
23 Minutes BEFOR~'received this warrant on November 28th. 2013, at m.m an d have exec,ute 'd'It as
The Search Warran Ilows:
"
is Valid??? The'
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,
Search Warrant, On November 28th. 2013at ~
I conducted a search of the person, place, or means of
_
conveyanccdescnhed111the al-W'bea warrant and I seized the items of property listed below,
en re-verse side, or on attached list. -The search was completed on Noyember 28th.1013 at
11:13 AM. Officers present and participating in this search are identi1ied as follows:
"'",,'
Crawford County Deputies. Cbris Wilson, Donnie Kmiec. Dong Morrison. Reserve
Dep!ltt Dustin Walker, Pittsburg-Police omeel'S' Dustin McDanieisund Tony Colyer
Acopy of thiswiinant, wi!h signed copy aftbis return listing said property seized and, held,
was by me: (check applicable box)
o
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Left with
I',
as a receipt particularly describing each such
article seized from such person and held, sneb person being detained or mested In connection '
with this search,
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l..eft attlJc l'laceQf~c~ch and seizure, there belng no person avajillblD with whom to leave It
- List ofltemsaeized
Returned
Subscribed
is attached.
, , 2013,
Judge -
Clerk
Russian Discovery 1000085
DETECTIVE STU HITE SHOULD NEVER BE INVOLVED IN A CASE INVOLVING JUDGE LORI B. FLEMING AND
VICE VERSA IT IS A CONFLICT OF INTEREST FOR JUDGE LORI. B FLEMING TO BE INVOLVED IN A CASE
THAT .lNV-o.LV-ES-DETECTNE STU H!TE D,UE TO. THEIR PERSONAL TJES I CONFUCTS o= JNTERESTS.
\
,/I TlZU-C!? ,fI
f.:~kr'b, ifA-
Detective
..James Russian/
SUBJECT:
VICTIM:
kIUME:
PLACE.& DATE:
St;'te~OfKans:as
Possession of Marijuana with intent to distribute, Possession with
intent to manufacture methamphetamine
eRA WFORD COUNTY, KANSAS
November 28, 2013
,/~''-:''''l
RE:
DETAILS:
r!,!'.!-'
. $tAte ys
We weighed items that WILSON had labeled in Item #29 (41 Individuallywrapped plastic bags.
containing a tom book 01 matchesiand ~t
was. determined to be approx, 1 gram of green
vegetation believed to be marijuana)!- Care was taken not to include the weight of the packaging
and matches and a bag containing just matches 1"BS weighed peperately to arrive.at the 1.gram
weight of the vegetation. This would be what is collllll~nlj referred to in street slang I!Sa "dime
bag" 6~ $10 bag ofmarijuana ~Sometbing very oad abolltthe packagingwas that each bag
contained the name of "Storm Haokmiller'', an address and telephone number and thewords,
"this one is on me"~ I find this highly unusual, and have never observed any such branding or
ownership of illicit drugs in my 25 years in law el!f2!c~ment.
The following is a total weight of each item weighed.:
ltem#l & 13...3 grams
Item #29
ltem#7a
Item #25
Item #26
l gram
.1 gram
1 gram
CRSO Case Number: _-,2",0",,1~300=14,,-,8:.::8,--_
Russian
Discovery
1 000094
Appellee,
v,
TYJUNA M. SHARKEY,
Appellant.
L
A motion for new trial filed within the 14-day limitation period in K.S.A. 2013
Supp. 22-3501(1) and before a direct appeal is a critical stage of a criminal proceeding,
and a defendant has a right under the Sixth Amendment to the United States Constitution .
to representation by conflict-free counsel at a hearing on the motion.
2.
It is the task of a trial judge to ensure that a defendant's right to counsel under the
Sixth Amendment to the United States Constitution is honored. In order to fulfill this
duty, where a trial judge becomes aware of a possible conflict of interests between an
attorney and a defendant charged with a felony, the judge has a duty to inquire further.
3.
If a trial judge makes an appropriate inquiry regarding a possible conflict of
interests between an attorney and a felony defendant, the trial judge's decision is
reviewed under an abuse of discretion standard But a trial judge abuses his or her
discretion when the judge fails to inquire into the nature of the conflict.
4.
A trial judge does not fulfill the obligation to ensure a criminal defendanfs
constitutional right to effective assistance of counsel at a hearing on a motion for new
trial by merely providing the defendant with an opportunity to make a pro se statement
5.
The complete denial of the assistance of counsel or the denial of counsel at a
critical stage of criminal proceedings, which can occur if an attorney stands mute and
fails to advocate for the criminal defendant, presents circumstances of such magnitude
that a court must presume a probable prejudicial effect upon the outcome and a case-bycase inquiry of prejudice is unnecessary.
Appeal from Sedgwick District Court; WARREN M. WILBERT, judge. Opinion filed April 11,
2014. Affirmed in part, reversed in part, and remanded witb directions.
Michelle A. Davis, of Kansas Appellate Defender Office argued the cause and was on the brieffor
appellant.
Boyd K Isherwood, chief appellate attorney, argued the cause, and Nola Tedesco Foulston,
district attorney, and Derek Schmidt, attorney general, were with him on the brief for appellee.
LUCKERT,
J.: Tyjuna M. Sharkey appeals from his jury trial conviction for
One issue, an error in completing the journal entry to include lifetime electronic
monitoring, even though that condition had not been announced at the time of sentencing,
has been corrected through a nunc pro tunc journal entry and is moot.
2
In a second issue, Sharkey argues the State presented insufficient evidence that he
acted with both the intent to arouse or satisfy his sexual desires and the intent to arouse or
satisfy the sexual desires of the alleged victim. Sharkey contends the State was required
to prove both alternative means of the intent requirement because the jury was instructed
on both means. See State
Y.
1[ 2, 224P3d
alternative means case, jury need not be unanimous as to which means defendant utilized
but there must be substantial competent evidence of each instructed means), overruled on
other grounds by State v, Nunez, 298 Kan, 661, 316 P 3d 717 (2014). Subsequent to
Sharkey filing his appellate brief, however, this court held in State v. Britt, 295 Kan,
1018, 1025-26,287
which was the basis for the jury instruction, does not state alternative means. Sharkey has
not presented any compelling reason to reverse Britts holding. Consequently, we reaffirm
our holding in Britt, which resolves the issue against Sharkey; and without further
discussion, we reject Sharkey's arguments on this issue.
This leaves as the sole issue for our consideration Sharkey's claim that the trial
judge erred in denying his pro se motions for new trial-based
ineffective assistance of counsel--without
on allegations of
assist him in arguing the motions. We hold that this argument has merit because the effect
of the trial judge's failure to inquire into the nature of the conflict and appoint new
counsel was to deny Sharkey his right under the Sixth Amendment to the United States
Constitution to have the effective assistance of counsel at a critical stage of the criminal
proceedings against him. We remand the case for appointment of new counsel and
consideration of Sharkey's motions for new trial.
BACKGROUND
Sharkey's conviction arose from his contact with 12-year-old T.W., who was a
friend of Sharkey's stepdaughter. During a sleepover at Sharkey's house, T.W. awoke
when she felt something heavy pushing against the back of her body. T.W. found her
pajama bottoms and panties had been pushed down to her upper thighs and Shatkey was
"forc[ing]" or "shov[ing]" his penis between her buttocks in an up-and-down motion, to
"kind of like make it fit." T.W. pushed Sharkey's shoulder and was able to pull away and
flee.
At the second trial, which is the subject of this appeal, Sharkey presented expert
testimony explaining the third contributor could have been Sharkey's wife or her teenage
son. The defense expert suggested the DNA could have been postcoital discharge from
Sharkey having sex with his wife and the fluids could have been transferred to the
pajamas. Based on this testimony, Shatkey built a defense around the suggestion that
T.W.'s story had been concocted in concert with his wife and her daughter because they
were upset with him. The second jury again convicted Sharkey.
Seven days after the verdict and before sentencing, Sharkey filed two pro se
motions. In the motions, Sharkey requested a new trial and new counsel, basing his
arguments on allegations of ineffective assistance of defense counsel. Previously, at
various stages of both trials, Shatkey had filed similar motions and had cycled through
several attorneys. During the second trial, Sharkey had made complaints against his
attorney, at least some of which were similar to those in his posttrial motions.
In one motion, labeled "Pro Se Motion for Re- Trial,"" Sharkey argued he was
entitled to a new trial because his counsel kept him "in the blind" throughout the trial and
failed to explain "all and every details, motions, [and] stipulations along with reasons.
ww
Sharkey claimed tbat he was "hoodwinked" into believing it was defense counsel's
strategy to forego calling Sharkey's family members who would have testified "as to the
nature of the madness that was happening in the year of 2006 and that Sharkey was "in a
W1
rocky relationship with my x wife and those girls," Sharkey further stated that he was
"hoodwinked into not taking the stand" in his own defense, and he complained that his
counsel "only objected twice" during trial and "refuse[d] to object" when the State's DNA
expert "had to go back and re-state her statement."
of Counsel," Sharkey
alleged that defense counsel did not properly prepare him for trial and failed to
investigate, present a defense, and call witnesses to rebut the ""thevictim[1s claims that
there was no problems within the relationship at this time." Sharkey asked the court to
grant Ita fair trial in a way that is fair to both parties.
w.
At a joint motions and sentencing hearing, the trial judge acknowledged Sharkey's
pro se motions, as well as separate motions filed by defense counsel. In addressing
Sharkey's pro se motions, the judge only asked one question of Sharkey, "Do you wish to
address the Court?" Sharkey answered, "No." During this portion of the hearing, defense
counsel made no comments or arguments.
The court then made fmdings, addressing only one of Sharkey's complaints:
"[A]fter reviewing the motions, the defendant chose not to testify and has alleged various
reasons in his motion that he felt like he was hoodwinked
...
there were some serious downsides to the defendant testifying and being cross-examined.
and he has a Fifth Amendment
he chose to exercise that right. The jury was told that with the Court's instroction and
heard that in connection with the verdict" so the motion for new trial and motion for
reappointment
Sharkey's counsel then argued the motions he had filed on Sharkey's behalf. The
trial judge denied those motions as well and immediately began sentencing proceedings.
The judge imposed a life sentence with a mandatory minimum term of 25 years'
imprisonment under Jessica's Law. See K.S.A. 21-4643(a)(1)(C).
As previously
mentioned, the original journal entry included an order that the judge did not state during
the hearing-tbat
later corrected the error with an amended journal entry in which lifetime electronic
monitoring was deleted, rendering moot any issue regarding the journal entry.
Sharkey appeals, and this court has jurisdiction under K.S.A. 22-3601(b)(1)
(conviction of off-grid crime; maximum sentence of life imprisonment imposed; sentence
imposed pursuant to K.SA. 21-4643).
COUNSEL
Sharkey contends the trial judge should reasonably have known that he and his
trial attorney had a conflict of interests due to his allegations that his attorney was
ineffective. In such a situation, he argues the judge was obligated to inquire into a
potential conflict and then to appoint new conflict-free counsel. In this appeal, Sharkey
rests his argument on the judge's failure to conduct an inquiry or appoint new conflict-
free counsel to assist him in arguing his pro se new-trial motions. He does not argue the
merits ofhis motions or request us to grant him a new trial. Instead, he seeks a remand
and conflict-free counsel to argue the motions for him.
Before discussing the substance of the argument, we note that we have framed the
issue in the context of considering both of Sharkey's motions as ones for new triaL One
motion clearly requests a retrial. The other, while unambiguously requesting new
counsel, is less clear regarding a new-trial request. Nevertheless, in his second motion,
Sharkey asked "that the Courts will grant me a fair trial," which we read to be a request
for a new trial. See State v. Kelly, 291 Kan. 563, Syl.1f 1, 244 P.3d 639 (2010) (pro se
pleadings are to be liberally construed to give effect to the content). Consequently, our
analysis is controlled by caselaw addressing the right to the effective assistance of
counsel when presenting a motion for new trial.
(1) Was
Sharkey entitled to counsel under the Sixth Amendment to the United States Constitution
to argue the motions? (2) H so, was the trial judge required to initiate an inquiry
regarding defense counsel's possible conflict of interests to ensure that Sharkey's Sixth
Amendment right to counsel would not be violated? and (3) In order to be entitled to a
new hearing with new conflict-free counsel,must Sharkey show he was prejudiced by
defense counsel's representation at the motions hearing?
The first question arises because the State argues Sharkey was not entitled to the
assistance of counsel at the hearing on his motions. The State takes the position that the
motions were not heard during a critical stage of the proceedings against Sharkey because
he had already been convicted.
The basis for the State's argument is the principle that the right to an attorney, as
guaranteed a criminal defendant by the Sixth Amendment to the United States
Constitution, attaches only to critical stages of a felony proceeding. See Lafler v. Cooper,
566 U.S. -'
132 S. Ct. 1376, 1385, 182 L. Ed. 2d 398 (2012). This right is made
applicable to the states through the Fourteenth Amendment to the United States
Constitution. Strickland v. Washington, 466 U.S. 668, 689, 104 S. Ct. 2052, 80 L. Ed. 2d
674, reh. denied 467 U.S. 1267 (1984); Avery v. Alabama, 308 U.S. 444, 446, 60 S. Ct.
321.84 L. Ed. 311 (1940); State v. Galaviz. 296 Kan. 168. 114.291 P.3d 62 (2012).
Because Sharkey only makes a Sixth Amendment claim and decisions of the United
States Supreme Court control our application of rights guaranteed by the United States
Constitution, we must determine whether the hearing on the motions for new trial was a
critical stage of the proceedings against Sharkey. If not, the State is correct that we need
not be concerned with whether Sharkey's counsel had a conflict because Sharkey did not
have the right to effective assistance of counsel.
The United States Supreme Court has not directly answered the question of
whether a hearing on a motion for new trial is a critical stage of the proceedings.
Nevertheless, the Court has provided guidance by identifying the starting and ending
points of a proceeding-the
applies. At one end of this spectrum, the Court has determined that "[a] criminal
defendants Sixth Amendment right to counsel attaches after judicial proceedings have
been initiated against him." United States v, Williamson, 706 F.3d 405, 416 (4th Cir.
2013). (citing McNeil v. Wisconsin, 501 U.S. 171. 175, 111 S. Ct 2204,115 L. Ed. 2d
158 [1991]), cert. denied 134 S. Ct. 421 (2013). At the other end, "the right to appointed
counsel extends to the first appeal of right, and no further." Pennsylvania v. Finley, 481
U.S. 551. 555, 107 S. Ct 1990. 95 L. Ed. 2d 539 (1987); see Evitts v. Lucey. 469 U.S.
8
387,396,105
S. Ct. 830,83 L. Ed. 2d 821 (1985); Ross v, Moffitt, 417 U.S. 600, 606-07,
94 S. Ct. 2437,41 L. Ed. 2d 341 (1974); Kitchen v. United States, 227 F.3d 1014,1018
(7th Cir ..2000) ("[O]nce the direct appeal has been decided, the right 10 counsel no longer
applies [citing Finley, 481 U.S. at 557].").
The United States Circuit Courts of Appeal have applied these principles to the
question of whether a new-trial motion is a critical stage of the proceedings against a
felony defendant. They have pinpointed three categories:
filed before a direct appeal, (2) motions filed after a direct appeal, and (3) untimely
motions filed before a direct appeal.
As to the first category, the "circuit courts have held that a new-trial motion filed
after the trial but before the appeal is a critical stage with the attendant Sixth Amendment
right to counsel
(5th
err. 2011)
II
Williamson, 706 F.3d at 416; see McAfee v. Thaler, 630 F.3d 383, 391
("Every federal circuit court to address the <question of whether the post-
trial, pre-appeal time period for making a motion for new trial is a critical stage has
concluded that it is. H).
As to the second category, the Circuit Courts of Appeal have determined that "[a]s
a corollary, a petitioner has no Sixth Amendment right to counsel in order to mount a
collateral attack to hisconviction,
Finley, 481 U.S. at 555 (the right to counsel extends no further than direct appeal);
Kitchen, 227 F3d at 1019 (stating nit is well established that there is no constitutional
right to counsel in collateral proceedings"). This means that the second category-a
trial motion filed after the direct appeal-"is
new-
appeal is completed but after the time limitation for such a motion-severa1
federal
Circuit Courts of Appeal, including the Fourth Circuit Court of Appeals in Williamson,
have determined motions for new trial filed after the time limitation but before the direct
appeal are viewed as a collateral proceeding for which there is no right to counsel These
courts reason that a late motion does not become part of the direct appeal and, therefore,
does not fall within the Supreme Court's caselaw guaranteeing a right to counsel through
the completion of the direct appeal. See, e.g., Williamson, 706 F 3d at 417-18.
In this case, the State does not discuss these or any other federal authorities but
relies on Kansas cases adopting the same position as the federal court in Williamson-there is no Sixth Amendment right to the assistance of counsel when a Pleappea1 monon
for new trial is untimely. For example, in both State v. Kirby, 272 Kan, 1170, 1192-96,39
P3d 1 (2002), and State v. Kingsley, 252 Kan. 761, 766-67, 851 P.2d 370 (1993), this
court held a trial judge did not err in deciding an untimely motion for new trial without
appointing counsel for the defendant. Based on these cases, the State argues the trial
judge was not obligated to appoint new counsel to assist Sharkey with his pro se new-trial
motions.
10
"We think it is clear that the customary motion for a new trial which must be filed within
ten days [now 14 days] nndecK..SA.
for tbepurpose
of
calling to the attention of the trial court alleged Irial errors is a stage of the criminal
molWll.
the ten [now 14] day period and tiequmtIy after an unsuccessful
trial on the grounds of newly discovered evidence, also within the purview of the statute?
We think nolo" (Emphasis added..) Andrews, 228 Kan. at 375.
In contrast, as stated in Andrews, 228 Kan. at 375, timely motions for new trial fall
under KS.A. 22-4503(a), which provides in relevant part: "A defendant charged by the
state of Kansas in a complaint, information or indictment with any felony is entitled to
have the assistance of counsel at every stage of the proceedings."
In summary, a motion for new trial filed within the 14-day limitation period in
KS.A. 2013 Supp, 22-3501 (1) and before a direct appeal is a critical stage of the criminal
proceedings" and a defendant has a Sixth Amendment right to the representation of
counsel at a hearing on the motion. In this case, because Sharkey's motions were timely,
he had a right to counsel, based on the Sixth Amendment to the Constitution, at the
hearing on his timely pro se motions for new trial. Additionally, "[w]here a constitutional
11
right to counsel exists, our Sixth Amendment cases hold that there is a correlative right to
representation that is free from conflicts of interest [Citations omitted.]" Wood v,
Hence, the State's argument that Sharkey did not have a right to conflict-free
counsel to assist him with his pro se new-trial motions is without merit
As Sharkey argues, "[i]t is the task of the district judge to ensure that a defendant's
right to counsel under the Sixth Amendment to the United States Constitution is honored
[Citations omitted.]" State v. Carter, 284 Kan, 312,321,
fulfill this duty, "[w]here a trial court becomes aware of a possible conflict of interest
between an attorney and a defendant charged with a felony, the court has a duty to
inquire further." State v. Vann, 280 Kan. 782, SyL 11, 127 P.3d 307 (2006). "If an
appropriate inquiry is made, the district court's decision is reviewed under an abuse of
discretion standard [Citations omitted] But a district court abuses its discretion when it
makes no inquiry into the nature of the conflict [Citation omitted.]" State v. Stovall, 298
Kan. 362, 370, 312 P.3d 1271-{2013).
Because the trial judge in this case did not make an inquiry in light of the apparent
conflict between Sharkey's interests and those of his attorney, Sharkey argues he is
12
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June
~
19, 20
& 21
Schedule,
lee priztl,p!a)'ers
cookout and go!t' cart. Tbeentry fee i.$loo
per person or $60.00 fur a CrestwO!>d member. Olliera! NgiStfarloll forms-are available
U. the' doff Shop or all the \\'eb!:ite,
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Frlda~',Julle
19: Schedule your practice,
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another lime' by Calling for availability lItIlil
July 30. 2009. Cat! tee of SB-OO will be due
for practice round by rlOfl cart.owners.
lfORSERACE:
tlptloMllfOlSerace begins
at 3:00 pm, Pre~tei)ister on the official entry
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DECEMBER30, 2012
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01
OURDES
Under the mantle of Our ladyof
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=========M=a=tt=he=w=2=:1=-1=2================~1
the deepest part of our beings, Give us thecourage and strength to respond with the gift of
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The Epiphany
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SERVERS-JANUARY 5-6:
5~30pm -Garrett Bolin~er, "Trevor Graham, James Ridley
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.
9:OO-Xathleen
Brown, laDonna FI\'Ilrl,"Budd'vGorena, Am\ Hite
10:3()-Julie Cedeno, John Martel, Dienn Mazurek, Kristen O'Brien
Noon- Beth Gilbert, Bruce Huelat, Ethelene Pesavento, D. Butler
5:30pm-Gary
!
! LECTORS-JANUARY
5-6:
7:oo-leatha
:Bolinge.
...i
MASSES AT THE r~EWMAN CENTER
.j 91OO-Judi fast
Fr. Adam Keiter
1 10::30-lori fleming ~.
The next Mass at the Newman Center wilf be. 6:00pm
l!Ioon-"Beli Pommier
on Sunday, Januarv
1
~--------~~
__ ~~13th~ 2013.
-3'~
November
.hirty- Irst
s,a~
WWW.OLLSMC.COM
3, 2013
in Ordinary
Time
P~O. Box214
PITTSBURG, KS 66762
PHONE - 620-231-2135
OURDES
Under the mantle of Our lady of Lourdes,
we are a parish family nurturing faith, hope and love
in the community through formation, prayer, and stewardship
TODAY'S FOCUS-Thirty-first Sund3y in
Ordinary time:
When we decide to follow our lord Jesus,
we find wholeness and new IIfelri him.
Taking advantage ofthe right moment can
make all the difference in the world. That
is why. all . special momentS need to be
treasured. lna similar way, the lord gives
us many opportunities as well. These
special blessings of grace help us to find
wholesomeness
and
maintain
virtuous.
$TEWA.RDSHIP REFLECTION
When we make an effort to
live our .baptlsmal calling we
begin to understand what. it
means to become a dlsclple of
Christ Jesus, the reading from
the Book of .Wisdom today
exclai'ms that the entire universe
belongs
God because he
created it and through love he
sustains and is present in it.
Christian discipleship obligates
us to. thank God the Father for
the abundance of the earth and
care for it in order to nourish our
love of God and neighbor. in the
Gospel; Jesus met Zacchaeus
and their encounter caused such
a conversion
of heart
in
Zacchaeus that he decided to
part with half of his property
and right any wrongs he had
committed.
May we; too, see
that if our focus on possessions
pulls us away from the lord, we
should abandon them, to fOllow
ourSavlor,
to
iSUN7=OO,
)t"":SPANlSH
9:00,10:30
AM,~NOON:,
MASS.~ z.oo PM"
,
'W~EKOA:Y MASSES
6:30~M
MOt-! through fOR[
8:00,AM TUE THRU SAT
!AMISA EN ESf'ANOL
.Dominco 2:00 PM
CQNFESlONES Dominco 1:30 PM
.f'adre Adam j(eiter (620) 231-2135
,COI\IFESSIONS
(or by appointment}
SAT
4:00-5:15 PM
lUEthroughSAT
7:3Q-7:50AM
MARRIAGES-Contact
a parish
, wedding
priest
date.
pSR-:,Parish
Contact
School of Religion
parish office
231~2135
PASTORA.L COUNCIL
Christ the King
.Debbie Clawson
Adoration Chapel
Joe Oellasega
./
We really need adorers at 3 PM on
Kyle Fleming."
Mondays and at 4 PM on Thursdays.
Kevin Hamilton
Please call Ashley Braden at 230-9813
1
._ . o.
.,o
,_._<_~~~.Y,!iic.~!,
Mark Johnson
Joe Schremmer
Shane Kannar.rJeffSpaehek
MonicalaForte
Joel VanBecelaere
Kristen O'Brien
nn VanWey
~;~E!~C!"!!i~
._.
Cliil!lien'sAdvot"cy.Center,
Inc.
Rigoloni Dlnner Suntfay,Nov~mber
10th i
at PittsbmgMemo.riai
Auditorillm Lower.
Level
RigatDni, Salad. Green Bean5, Bread,
Dessert,Tea and Coffee
$6. for Adults
$3. fonhildrenunder
12
ChildreJ' 51lnd under eat Free
Take-out avairable
Today
Please
LOOKING
SUN f3) Turkey and Noodle Dinner
SUN,(3)Adoption celebration Mass
WED! &) mE MASS-G.LFTf'vent
WED (6). PSR. Serrarnental Preparation
WED (6}RClA
WED(6IPSRFimR~CilI1ciliation PIe!>"ra!ion (S)
MON ~lOlCmLady's P"rayerGroup
MCN Illl V~teran'S Dav Program
TUE(12) freddV's:Nightforfioe Arts.
by
those rtouched
adopted
children,
to
mightb~
able
help.those
diildren
still in need of a hOllJ<=insomeVJav;
perhaps as an adoptive parent, foster
\,OU
parent. or a short
PartiCipating
program,
activlttes
are some. ways to support
children who maybe in need ofaddltlonal
care.
Our Ladv of Lourdes
Adoption
Committee jsalways
happy to visit With
cJi6n
Veteran's
DaY~r.()gr. a.m. v
your IRA
to a' quaHtledt:harity"
sucnes
Cur'ladv
oJ LOurdes or St. MalY's Colgan
Ca,holK SChoOlS. Stroh qualified direct
dlstributlons
to charity
Bu/letinitems
amI
~..M. on
t~::[e
I~i=n=vi=te=d=t=o=a=tt=e=n=d='::;;t:======~
-.
;~
Save theOate
o.....
interested
in supporting children IJ~==============:
and 'families. Feel free to contact
tho!
The st...Mary's
Co.lgan
Fine Arts
committee via Kyle and LOri Fleming,: 62()Committee
is sponsoring
another
235-o008ofkylefleming21@hotmaiLcom.
Thank you
Freddy's .Fundraiier.
Nlght.lt
is
Tuesday.
November 12th. Freddy's will
from
dy of Lourdes
7,00 pm in
urch
6:30 pm
mentary School
'ldO p Elementary SChool
6:31) m Elemell,aty School Commons
5: pm Adoration Chapel
.30 am Elementary SchOol Commons
5:00-'8:00 pm at f.redd\,'s
be.f-------;c~~;~~~~~~i;~-------:
'
en..~.Ulty
.
th
o.nM.ondaYiNovembe."
11
..8. :30am
...
..
in the grade school c
mons, All
parishioners,. especlalr veterans
are
those
11):30.m Our
~::::.~2!::\~ee:eg::o;~~t!~~:f~iJ;::;:;:~~~~!:=~~7:e
is Adoption
Celebration
Sunday,
take a moment to. celebrate
and
keep in prayer'aU'of
adoption.
ioducf;og
eat-tnor
drive-through purchases beh ..
een 5:00
-8.:00 p.m. on that flight, so goout and
-enjoy a delicious Freddy's burger, hot
dog. or concrete and support Flne Arts
at SMC! Mark your calendars for the
FAC's.flnat fundrajsetnight~ Dec. 9"',
and lookfor more Fr:eddy's Fundralsef
opportunlttes
to
help
other
organizations
at SMC starting. In
January. last monthths
FAC received
over$230!
Thank you, Freddy's & SMC
donate
.(6)
Beef
Noodles,'
Mashed:
aaby
carrots,
B!ueberry:
: Muffin; Sliced Peaches
.:
~Thurs (71 Chicken QuesadHla, Chips.
:Salsa,Ren-ledBeans,orange.
.:
: Potatoes,
&:
: Beans, Banana:
,..;
;.._.
"' __ ~
7:30pm.
supporters!
Jars.
lVleatballs$lO.oo
Newman
to.
[email protected]~.
. _by,
Wednesday
of eaoh week .. ~--......... emailatngoe1:[email protected].
Peggy Fleming
quart
Orders
A1tar$ocietyGoodwili StOR
235-0564
Mondav, Wed~esdav,
Thursdav a Friday
Missionary catecbists
oUhePoor
620-235.-1732
:R:!l:~;:~:'May
Mim .(4}st~ Charles HarrbMeo, Bis~p;
s arn-spm
316-300-9798
lues (5)
Wed (G)
lburs.(7)
FR118}
SAT(9)
am-
Praye.rUne
TUESOAY(S)
Didlake,+
(6)
18:00
II
2:16-3:5;
SER1iERS~November
9& 10:
5:30 pm - Alex Herod, Paschal Hti.~, sophie Graham
7:00 -:celin O'Brien, Ethan Ward
'"
9:00- Rebecca & Thomas Spachek,D<llton VanB,ecelaere
10:.30- Cade Simmons, Rebecca Spears, Taylor Wixson
Noon-Amber
Kratz, James Richey, Kaleigh Ware
+
(9)
8;00 (2) Gene & Rose Gillespie +a,nd Family
11:15 (4) Susan OarkMaffei
(7)
.
!
we
THURSDAY
You are OUT father. You have bonded with us and yougive us' the gift
of loving and bondfngw;th.
you. We 'ask that this same miraculous
love. would flowbe~een
adoptivepar~nts8ndtheir
children, Giv~
mothers and fathers an unexplainable
bond. And give the chlldren,
man, of them wounded by deep rejection, " supernatural
capacity to
receive love. Bond them close. Create 'family ties where those ties
seem impossible. 'God, for those families seeking now to adopt, give
them C9urage to persevere.
Fo~' those governments
that make
adoption, difficult, break through
and ease the process.
With
millions of orphans
in the world, lord, ,rel""se a wave of 'new
adoptions.
Create and expand many fainilies, and with your OWD
parents' heart give 8newc~padty
to give8nd <ece.ive Ieve. In Jesus;
our brother/to
th,e rather
pray this!R
'
(41
II
tuke14:12-14
Roma~125-16b,
Luke'14:1S-24
Romans 13: S-lO; luke 14:25-33
Romans 14:7c12
Romans 15:14-21; Luke 16:1-8
The Oedkation, of St. John Lateran Basilica:
Ezekiel 4)':1-2, 8-9,12; Corinthians 3:9c-ll,16-17;
SUNDAY(31
MONDAY
~I!
~ll~'
Sun (1O)
MASSINTENTlON5
(1) Fr. Mike Baldwin
,
Romans 11:29-'36,
SATURDAY
EUCHARISTIC MINISTERS-November
9 & 10:
'5:30 prn -Mark & Teresa,. Kolarik,Carofvn Perry; Ai"flanda Minton /'
7:00-Stev"
Boling"r, Kristen O'Brien, Val Zacharias
9:00- Kathleen & Matthew Brown, laDonna Flynn. Amy Hite
10:30- Mari<Johnson, lauren Wemer,N;mcv & Steve Hkks
Noon-Donna
& 80b Backes, John & Ronda lson
s-
MASSES
CATHOUC
aUT. PIUS X
STUDENT
CENTER
LECTORS-November
9 & lQ:
5:30 pm- Gar)' McG:atll
7:OO~ Kirk Ford
..
_
9:00-lori
10;30-
I~
9 & 10:
Fleming"--
'
frank Kunel
~1_2_:_oo___K_en_'_~_uro_,_a_Ch_.
1
-J
WWllttOLLSMC.COM
June 22,2014
PHONE-
OUR
KS 66762
620231-21.35
()tj
Pastor
OURDES
Under.the
A$sociate. Pastor
FOCUS-Just
TODAY'S
as
Sf.EWARDSHIPREFLECTION
At the end of their desert
journey,
Moses
reminded.
the Israelites that the manna sati.sfied their hunger but
that life is sustained by the
Word of God.
Jesus fulfilled
a greater
share in the Kingdom. May
We accept the Father'soffer
ofsa(vatiOri and share the
contact
GoeidNew5
withciur
neigh~
bor.
Relations,
,."'~... },,::-~:;;
MARRIAGES-antaCt,~
panih
,Weifd}~g:oate:.
.-.<,,""
PASTORAL COUNCIL
. ~Mo
"',"",:',r' ~
_. .,,",..~~'.<C:.-~
"~
__
-.
-'
,-',',
.:'
at
,-
,-'.
IiAM'
"
'.
on"-Mon-.
"
,:
,~m.~"'~>-~~"'-O::~~~;:;;:'<'-~""''';''''''''''':V''=~~~''.'tt'!'W7'':J.'D'':
a
~
ptief
c",;>_--,-;i; ..~'~'
[email protected].
1';:om.::.:I;'<.i''0!<''''''~'',,",.
ST
P,O. Box214
t)~bbi~ Clawson
Mark Jerhnson
Shane
MoriicaLaFort~
Joel Vari.Beeelaere
Kevin Hamilton
Kristen O'Brien
JiUVanWey
Nancy Hicks
Joepaulie
Kannatr
Joe Schremmer
JeffSP<lchek
!Financialsummary
!Fiscal Year, July 1, 2013 - June 30,2014
iIWeelclytoliectlon
_"",NtlALBlJIlGET
.$2,613,000
301 A f:Clevelamf
PARI"f"
:liOtherReVenue
Ill'
WeekfYFI\'IandaIStewa/'dsblp
$94,.600
W:MIeJlI~1Si2014
The M05tHoiyTrlnlty
WeeR.: 6/15/2014$44,600,
iGr~Revenue$21707,600
,Tithe toDiocese~
$2,446,300
Bud.getedVellfTriDate
Difference
$4,148,521
....
$8c5,o-73.
. ....
J 6670)
En~o~ntert:h~stiretreatls
lnvltedto
wrne
.~jploreh'.
their H!I~tionShiPsdWit~ J~s~s,.
\.,
,If...
~r~~gistorieS,i?ftmat)iscuci[l~ns,
rn
". ass, prayer, muslc,ga E!5,a
...III~S
and fun. cost 15$75, thoughscholarS}ljpS}r~.~vail"bfe.
Parents, ..'please
::~lira~~YOr~llh~utl:!J.~t:~~d~~
ceseofwichita,wg/vuuth{tec
(Memorliili Fundwithdrawai)
~~~_.~_J
J.S~ AnnuaIMid\'Je~Cath()lic
,;-.- .. :;.
nextweek's bulletin
for an insert0nthestr7tegicplannirigf}fO-
'II
j I'J1lSbHrg,KS
REV'f\)A~KElTER, cHAPLAIN
f@dam@catI)OlicgwiI!as,org'
.
.'.AMYl:.OMSHEK,SECI1Et'\RY
amy@cat!Jol.icg9i"ilfa's.oFg
IThe"f~en$
II
I"
l'otalExJ;lenses
$2,445,732.
$2,$30,805.
Y~!lrtQI).!i!tli
iExpenses
! saiilries and Benefits$3,338,76S
Other Expenses
$809,756
10%- $261,300
N~t ReVenye
ili
ti1:0iicStudel1tCenter
--
Director~f
T~tU$'TlIU$:Speciat~hanks
to R~ndI ricdni.fol's~,"irig~:;t~E!v()lunt~e[
coordinator
for this weeK. Over 100 youth from .1st"71~thgfadef
participatedin
this fun'faith
tealll:>ofc()l-
Flood,Am
Paulle, Kim
Scripsick,Katie~Vllezey,.
JmVanW~v,M~ry.
Kay Wachter
and Leah. Wilbert. '..The' seminarianS'involvement
in the~veningprogra.m\Alas
a Iot. of
funfortha juni()rbigh
and high school youth. Fr'iHick'Kotrb<iandthe
Missionary
happen.
Catechists
We look
of the po()rput
forward
great
Family ConferenCE!
.
J\tlgU$tl~3i<JRich
inMercy.
!please .rnarlc<Yeur~lenc!a~5t()attend
thisellFnt.
seyeral of the speakers
thi$yearare
Or. (3regoryandU~aPop-cak,5pOnsored byt~eOffictl'J)f
.MarI'jag~"nd'f"[11l1y UfE!la!1dpr"'fII1Ic~ael
'Barberwithmusi~1
entert.aiornentby
l'Mgelus.al1dC(jt.Chat
Productions,
Formorelnf0rrT\ation and a cQll1plete
Ilst of speake[SIPiC~upabrochure
at
theback?f.
ChUfCh(l[>go.
.to
"vw'N.cathoIiCfarriftyCQnf~rence.org ..
workinto.makihg
this. week
.i<
.........
?:!:::!4:::=!.-'!!:'t::~~,:".:'~;::;::'''
COIllC;EqF
!
b.
~
""" , , ,
DONATlQNS
' ,.", ,
MADE BYCVRRENT
for their
Cynthia \Voodburn
_.-
ADMINISJR,4.nON
.& CAMPUSlJf'
merman
SiiidentCent@.
Career. Services
I>iindy
5te\.~ ScxJ.H~
president
J-amie Brooksher
Jaime Da!ton"
John Petterson,
Je<ft':5teinmiltef" . dJ~or
BarbaraBarto
di~
Heather-Busch
student
oa"'id
SuC'y' \;VOtownlk
Rh.,naSnand.
Biofogy
Dix:i~ Smith..
PRcSI.DENT'S.
OFFICE
v.1Cl2'presMellt
Milita:ry ~il!n('e-ROTC
SleW tl!ibb",nd
Jp;h Shay
Art.
c..
Modem la,ngua_ges
.& llieraiu,-es
MynaJ'll Krepps
GrantMQ55
Bert Fatnck
ch.i"
-chair-
K.Uy Borden
don'ngor.
limDa\-.:soo
~~~t';:~
Hogarct
Theru!cJ
J"remy Wade
dean
[)o'nna Pinta"
"itrt'arkThompson
Bobby :~VintersKart 'Kunkef,
I"""'' '
RobertaShilane
Music
Su~Maochant"
~oanrH:~_&ritz
Phillip H~R'les
Ieaneice Parker
KIPS fM
Hermann
'litadi'o:Station
Yirgjnia RidEI!'
.~\~iKeity~cfifi!C..o_r
N~al SChmidt
chait.
Camt-De.ats
HsaCerstenkorn
La .Dollflol Ff)'nn
Cynthia Johnson
Patricia'.Ion.~s.
Knitl TOi!lIer
liealth-Senlc@fI
Riia{;'iith~ _~peta1iorn
Stacer Baco.'i
Facilities Planning
Linden Haverstic
S~se-Moser
Debbie- Amesshek
Ka}rla.De\.'ereaux
Dtane Letner .
Tess Carl
Brent Cosens
Lori irwin
Bryna ~rorle5
Ke_fSe.yReofro
j,..~aU-WJ"
Ned: Snm ..
'Dilip Paul
InioRn.AtionS@rvices
1.dtJ~.n'Wcrne.r
Carrie
UnIversHv
Angel.aNeria:r-cni:ei
'in:rcnnaliDn officer
,IGnCooper
Barbara Herbert
Business Offk:e
Barbara \-'vfnt:er,
,clllToi!er
Mis1y uueon
Terti Thompson
Sh~nY\Vil50n
student :Recreatlon
&-lntra_~ur.1i Sports
Develepmeet
Kath'leen:FLmnery.
execetlve director
fJI~ Carter
Mad: Amuddoe
Douglas B~n~,ett
Alida-Collins.
TiDy Comeau
Bill HO)1:
Rebecca Krause
thri~tlna Davis
Vince Oaino.:direcsor
D:ian3 ~_PPlstof1
Kendall GamrTlCfl
Nare-Carresr
Cil_Cooper
Shidey Drew
,School. of Nursing
T~.(P.g Kola,n1:
Liniv{!n~ity 'Housing,
Connie .Matfe~ tltlEctOr
.K.'\thy ~~-\cClJ:llough
Que'min- H(')fmesHolJy_Kii.'!nl
Becky,M<ij'
English
Larry\"'ea\~.
Amanda \Vi l1~rn:'-
COlShiers-&
Sfude,nt Accounts
Oon Hartshorn .
Celia sauerson,
diteaor
judith Coltharp
Interc_oUeg.i.ate
Athletics
Karen thompson
Phl's~.carPlant
RebeCta'Messin~ef
University IP.olk@
Lema Metro
.jessb- S-Uce
Debbi fis.chef'
~iS:!i Fosbee
Che:yl Giefer
,IimJohnson. eJirec:ror
Lade Anderson
TImSeck
Scott Broyles
MK:h'aei Cook
Lance Cullen
Natalie.Cullen
Tom Ai:nershe~
dfredQr
\Nanda -Eridicotli
director
jon Clarkson
laCk" Freeman
Djna:GladSon
)t,ldy Prince
~t~rk O~rke-r
Amanda O.ii\t'ied_
Kay Jiles
Elil:.il~ib Ecooomoo
Larry Carman
Lln G"'ham
Paul. H.nis
Ryan Hellwig
Ru.5$je .vett
Lane Lord
BriariMilntooth
Dave Pemcta
Tanya PE!Ilto~
Larry r'clsron
Zack QUI.r
Jo:'l'j.'t:1l Sch,'crt
Robert'Stokes.
Jeff Stotts.
Gerard Thomas
Sh~ri Bro~nr
Kii~ H;ir.ky
lane, Huston
M.Tia Uiorkh
Jfn ftt1jnneman
'Dan~rIlp5on
1<fYsta.l \VilJhrte
Dacia dar,k
1"v1E~agan Swafford
.Trish Peak
Ke-iin Muff
MaUMurray
Printing; &
O1!sign Services
Jason Kerma.shek..;
dil"edor
Purcbasin...~
Jim HugheS", director
CAI\1PUS- tift &
(enter.lor tllnO\'iltlon
.&AS$ESS,\i.fNT
_Kathy Benard
P.atrida lindley
Rod
8.mnda-
ART5
s: SCIENcES'
r.weedv
Pierc-e
Stephen Ramp),
Ca:l Roth
Kyle Rutledge
Ib;ah;aemSuberu
~;~~~7t
AQYANC~tENT
nr.ad
Hodson.
'vice' presIdent
DeoiSe-Qui~r
Advancement
Services.
& BUYl1eSs
Detlelopmenl
S.hawn NKca:r.:n~
director
fitka DUmlan
Cheryl Perm
Da_fWU_Pu1fiam
t .....
. .
ra
odd
.. .
..
.. .
.: . -. '
'Ph),sitto
David Kaehn, Cha_"
Kyla :<Orborough
;\.\ar)rCaro-tPomatto.
j~f1niferHarri~ :,_~
AmyHi~~~
Karen johnson
Barbara ~kCLt5.kIlY
Janis $chletelbei n
l"teals
11
ra
t,.u:n:a
TsylilZ(lva
LauravVashbum
[);~ Mo~n~
F~ii)'&'
Ron wcmble
cOnsumer
vVbrheck"rn;iir
D-efllse BErt()ncino
Holly S.~""am
HoU)' Vi"',
Carol wtifh<m
Hiito'I'}',. .PhiTosophYI
& Sodalst:ience5
~l:lane
PROVOST AND
WeE, PRESID.ENT
.~~e-.'e'
Cummings
1.CkFay
bmli~Rarone
~r)!Polter
~thJeEn Cam:emn
,Io'hn 'Oaley
MlM.y's'IS~ 'PlANNING,
Tcmpklns-Dcbbs
Pe~"YTotma~
(,Cienc.es.
Dwi!;ht 51,,,,,
'Bob.Tt;tmassi~-Jr.
- JOH,:uhanO-.resner
<;aH Yariek
Stephen. Ha.nncll
~ten
Humphro.y~miol_~immce
Janet Sinith
Harry Hurnptiries
&_,Banlcing
CENTER FOR
Aesha ~otlll.
Bienvenido Cones.
Kirstlrr ",_.vson
Ton~<Delfa.~ga TEACHINGr LEARNING :vta:rk ~:~n
CharlesFischer
.~. TKHNOLOo.y
:'Sh.enY Robe~
~'tidt3e.l MdGtmii
dir<fCtnr
,Bidm~n FamiJy..
Cen1er. ff:1r'the Arts
Joseph "Firman. director
ROOeitKehle
lPrel~-t{ehle
lames .Greene .
Cesie Heemensson
Jamie ,McDaniel
Uni\'ei'5ity Marketing
&: Cornmanlcation
Chr~sK~Il)~.assocate
yK.e presickn!Arin
Terri .BIes~nl
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Frank Naccarato
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chair
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DonVlney
RiChard Estenson
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Pa,\wn Kah0I,,-dj~tJr
Barbara McCarley
Brian PeEfy
l.lfj"~~_ Polter
Cynthia Huffrnan
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Kristen MaC\!'l.
David t\'1ct.an~
LynnMulTOY
Double Dipping?1?
RECEfilED
COP
.JUL 1 8 2014
I also think it is wrong and a conflict of interest for Honorable Kurtis Loy to
be the resident agent of LOY & SAGEHORN, 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
commercial loan 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!!THE FLEMING LAW FIRM" since he is the
husband of Honorable Lori Fleming.
HOW IS ANYONE
IN CRAWFORD
A1TORNl3Y?
Iwould greatly appreciate an out of county judge who is unbiased and
does not have conflicts of interests with other judges like Judge Wacther,
Judge Loy, and Judge Fleming have between them and their previous law
firms. Please send all correspondence to Travis Carlton, 1410 N. Smelter,
Pittsburg, Kansas 66762. Please disqualify Honorable Loy from this case in
accordance to Ru1e 2.11(A) of the RULES RELATING TO JUDICIAL
CONDUCT.
SincerelYr
Travis Carlton
Travis Carlton
1410 N. Smelter
~tate of ]kansas
Why ~Dt'~
Ie-Wi'
PANEL A
CHAIR:
William B. Swearer
Lawyer Member
VICE-CHAIR;
Christina M. Pannbacl<er
Lay Member
Nancy S. Anstaett
Lawyer Member
J. Patricl< Brazil
Judge Member
Brenda Cameron
Judge Member
Mary Thrower
Judge Me=bc1:
Valdenia C. Winn
Lay Member
mY': CAt--!1-tJif\.
(Vo'fV\
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August 18,2014
Travis Carlton
1410 N. Smelter
Pittsburg, Kansas 66762
Re:
SECRETARY;
Heather 1. Smith
William B. Swearer,
Chair
mm
~tat of 1k.ansu%
7852962913
judicialqual@ l~scourts.org
August 18,2014
fI'iEMBERS OF
PANEL A
CHAIR:
WilliamE. Swearer
Lawyer Member
VICE CHAIR:
Christina M. Pann1acker
Lay Member
Lawyer Member
1- Patricl~ Era2;il
Judge Member
Brenda Cameron
Judge Member
Hary Thrower
Judge Memher
Valdenia C. Winn
Lay Member
SECRETARY;
Heather L. Smith
While this complaint is sent fgr your information only, the Commission
thought it may be helpful for you to review the JudIcial Ethics Advisory"Opinions at
www.kscourts.org and 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,
KURTIS I. LOY
Pamela Hicks
(620) 231-0380
District Judge
Administrative Assistants
Mary Ann Forsythe
Elaine Bradshaw
Court Administrator
Mac Young
(620) 231-0310
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 Iam 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 I formerly
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. Ido not accept assignment of cases involving my former law
partner.
While I do believe I am neither biased nor prejudiced concerning the parties to this
litigation or any attorneys which may become involved in the future I am forwarding this letter
and complaint to your attention for proper handling.
KIL:maf
Ene.
1r~
IN THE
'ti
fC'"
DIJ;RI~tbukf
r's
OF CRAWFORD
COUNTY, .KA..NSAS
P10 :12
Plaintiffs;
ORDER
The judge assigned to the above captioned case, Kurtis 1. Loy, presented the attached
letter to me August 21S\ 2014. The letter of Travis Carlton to the Commission on Judicial
Qualifications referenced in Judge Loy's letter to me is also attached.
Judge Lay 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. 20-311d. 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. 20-311d 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. 20-31ld (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. 2031ld (c)(3)); or, that Judge Loy is a material witness in the action (K.S.A. 20-31ld (c)(4)). The
remaining allegations of the Carlton letter furnish no basis for concluding that Judge Lay 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
Lay 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. Loy
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.
O<.q
atu;pLa;e;
7/2412015
Tnn MORKIKG
SlTK
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By NIKKI PATRICK
Bar Association.
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, nth 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 res~t but to besure 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 many bass or other species of fish he;~ing
to catch in his retirement or whether his wife and his Harley will be
able to withstand it."
Attorneys Steve Angermayer and Mark Fern represented the Crawford County Bar Association.
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"I have referred to Judge Noland as 'Judge Search Engine," Fern said. "We would say, 'Judge, 1 have this case,' and he would say, 'Come on in,' and he'd have
that case. What we will miss is that preparedness. Judge Noland is always just a little bit better prepared than you are. For the past three years, since he's talked
about retiring, I've tried to talk him out of it. "
Angermayer has appreciated Noland's approachability, and credited the judge with playing a big part in shaping his career.
t-\ 6W
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"I was introduced to Judge Noland, and two days later 1was at his house watching pro wrestling," he said.
When it was his turn to speak, Noland handed out praise of rnSown.
"This part of the state has been blessed with judges so good to work with, good hard-working, fair judges," he said. "I 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 retiring judge was most gratified by his work with the Juvenile Court, wbich 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.
"1want 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.
"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."
712412015
TIlE MORKIKG
Q~ritbtbur;-&I1d.~K&a.-.&t.ttu\R1
Snx
30.2013
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