judge robert fleming & judge kurtis loy complaint 06-22-2015 #1
DESCRIPTION
Kansas Commission on Judicial Qualifications Complaint on Judge Robert Fleming & Judge Kurtis Loy Complaint June 22nd 2015 #1TRANSCRIPT
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June 22, 2015
Kansas Commission on Judicial Qualifications
301 S.W. Tenth Avenue
Topeka Ks 66612
Re: Your letter dated June 19, 2015
I recently sent in complaints dated March 23, 2015 and April 8, 2015 on Honorable Robert
Fleming of Labette County District Court and Honorable Kurtis Lay in case numbers
2014CV53PA and 2014CV7P in Crawford County District Court and Labette County District,
Court in the 11th judicial district. I received the letter from your committee saying that you never
received my March 23,2015 complaint or my April 8, 2015 complaint. I actually ~Imed my friend
mailing the complaints just in case you acted Hkeyou didn't get them and that is why I then
mailed the June 6,2015 complaint against Panel A and Panel B by certified mail. Should we
both make complaints against "The United States Post Office" for failing to deliver you my mail
yet I still had to pay for postage, and the envelopes they were mailed in? I have the videoI
evidence that I mailed them so what should I do?
You asked if I would like for your committee to review potential ethic violations against Judge
Robert Fleming and Judge Kurtis Loy and the answer is "ABSOLUTELY YES"!!!! Since you
acted like you did not get either one of my complaints dated March 8,2015 or April8, 2015
because they were sent regular mail and the one sent June 6, 2015 was certified mail, I will
resend my evidence from the complaint dated May 11, 2011 Julie Stover against Pro Tempore
Judge Timothy Fielder where Robert Fleming fails to follow Rule 2.11 (A) and fails to recuse
himself from the complaints like he did previously against 11thjudicial judges A.J. Wachter on
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March 11,2013 in Docket No. 1179 and against Donald Noland on July 7,2003 from a
complaint filed by Kolby King and Michael King.
This inconsistency and failure to ollow Rule 2.11 (A) is what has helped lead to a grand jury
petition for "conflicts of interest". You also stated in your letter you did not know who the
Administrative Oversight Committee was and that "This office is not f'ami liar with theexistence of a committee by that name" .
I have included an Administrative Order No. 113 that shows the "Disciplinary Administrator
Oversight Committee" was created to review and investigate, as needed, ethical complaints
made against the disciplinary administrator or the disciplinary administrator's stat(. Is the
Disciplinary Administrator Oversight Committee's job to investigate complaints aqalnst Stanton
Hazlett? Is it their job to investigate complaints against Panel A or Panel B of The Commission
On Judicial Qualifications?
If so I would like to have the "Disciplinary Administrator Oversight Committee" investigate this
matter due to the conflicts of interest with the Kansas Commission on Judicial Qualifications
with Robert Fleming because he Iwas the chair on the Kansas Commission on Judicial
Qualifications and I think it's a conflict for panel A or panel B to investigate this matter due to
Rule 2.11 (A).
Robert Fleming and Kurtis Loy have both damaged me "SEVEREL Y" as somehow Kurtis Loy
gives me a "SETTLEMENT" but rules I have to hold harmless Robert Lee just because Timothy
Fielder is a judge and was the attorney and both Kurt Loy and Robert Flemiqg should have
recused just like Robert Fleming did on complaints against Don Noland and ,f\.J. Wachter.
Very truly yours, / I
1410 N. Smelter
Travis Carlton
PittSburg Kansas 66762
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z,
MEMBERS OFPANEL B
CHAIR:Robert A. Creighton308Main StreetP.O. Box 46Atwood, KS 67730-0046
VICE-CHAIR:Carol Sader8612 Linden DrivePrairie Village, KS 66207
Bruce BuchananP.O. Box 748Hutchinson, KS 67504
Kathryn CarterDistrict Magistrate Judge811Washington StreetConcordia, KS 66901-3415
Robert]. FlemingDistrict Judge201 S.Central StreetParsons, KS 67357
Lawrence E. SheppardDistrict Judge100N. Kansas AvenueOlathe, KS 66061-3273
Mikel L. Stout700 4th Financial Center .100N. BroadwayWichita, KS 67202-2295
SECRETARY:Carol G. Green IKansas Judicial Center301 S.W.Tenth AvenueTopeka, KS66612-1507
STATE OF KANSAS y
COM ISSION ON JUDICIAL QUALIFICATIONS
I'July 25, 2@03 Telephone 785-296-2913Fax 785-296-1028
Michael Je Kingc/o 1706 Colonial DrivePittsburg, ian~as66762 ." .. .Re: Complamt by MIchael Lee King agamst Judge DonaldNoland
DearMr'ing,
The Commission met July 11,2003, at which time the above-captioned complaint was considered. It was the decision of theCommissi~n that your complaint contained no facts evidencingjudicial mi1sconductas defined in the Code of Judicial Conduct andthat your ermPlaint.should be dis~issed.
Thank you for bringing your concerns to the attention of theCommission.
II ,Sincerely yours,
RAC:ed
~A.~Robert A. CreightonChair
I Judge Fleming recused
IN ACCORD NCE WITH SUPREM~ COURT RULES RELATINGTO JUDICIAL CONOUCr, ALL MATTERS PERTAINING TOCOMPLAINTS ARE TO BE KEPT STRICTLY CONFIDENTIAL.
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Telephone 785-296-2913
MEMBERS OFPANELB
CHAIR:Jeffery A. MasonLawyer Member
VICE-CHAIR:Dr. Mary Davidson CohenLay Member
Bruce BuchananLay Member
Robert J. FlemingJudge Member
David J. KingJudge Member
Nicholas St. PeterJudge Member
DianeS, WorthLawyer Member
SECREtARY:Carol G. GreenKansas Judicial Center301 S.W. Tenth AvenueTopeka, KS 66612-1507
~tate of kansas
Facsimile 785-296-1028
March 11,2013
Lester MooreP. O. Box 1861Pittsburg, Kansas 66762
Re: Docket No. 1179, In the Matter of A. J. Wachter
Dear Mr. Moore:
The comLission met March 1, 2013, at which time the above-captionedcomplaint was cbnsidered. It was the decision of the Commission to docket yourcomplaint and make further inquiry. The matter will be placed on the Commission'sMay 3, 2013, meeting agenda.
Cordially,
mm
Judge Fleming recused.
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Telephone 785-296-2913
MEMBERS OFPANELB
CHAIR:David J. KingJudge Member
VICE-CHAIR:Bruce BuchananLay Member
Dr. Mary Davidson CohenLay Member
Robert J. FlemingJudge Member
Jeffery A. MasonLawyer Member
Mikel L. StoutLawyer Member
Thomas L. ToepferJudge Member
SECRETARY:Carol G. GreenKansas Judicial Center301 S.W. Tenth AvenueTopeka, KS 66612-1507
$>tate of JAansas
Kansas Judicial Center301 S.W. Tenth AvenueTopeka, Kansas 66612-1507
Facsimile 785-296-1028
May 11,2011
Julie S. Stover303 S. Jefferson StreetFrontenac, Kansas 66763
Re: Your comrlaint against Pro Tempore .Judge Timothy L. Fielder
Dear Ms. Stover:
The Commission met May 6, 2011, at which time the above-captioned complaintwas considered. It was the decision of the Commission that your complaint contained nofacts evidencing judicial misconduct as defined in the Code of Judicial Conduct and thatyour complaint should be dismissed. All issues appear legal and appealable.
Thank YOv for bringing your concerns to the attention of the Commission. Thismatter is now closed.
Respectfully,,..,
c~:..-.:>--;:;\~
David J. King,Chair
mm
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Telephone 785-296-2913
MEMBERS OFPANELB
CHAIR:Jeffery A. MasonLawyer Member
VICE-CHAIR:Dr. Mary Davidson CohenLay Member
Bruce BuchananLay Member
Robert J. FlemingJudge Member
David J. KingJudge Member
Nicholas st. PeterJudge Member
Diane S. WorthLawyer Member
SECRETARY:Carol G. GreenKansas Judicial Center301 S.W. Tenth AvenueTopeka, KS 66612-1507
~tate of ]kansas
QCommis ion on 3Jumnal Facsimile 785-296-1028
March 11,2013
Kasey KingP. O. Box 101Opolis, Kansas 166760 .
Re: Your complaints against District Judges Jeff Goering and J. Patrick Walters
Dear Mr. King:
The Commission met March 1, 2013, at which time the above-captionedcomplaints were considered. It was the decision of the Commission that, based onpresent showing, your complaints contained no facts evidencing judicial misconduct asdefined in the Cbde of Judicial Conduct.
Thank Y I U for bringing your concerns to the attention of the Commission. Thesematters are now closed.
mm
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Telephone 785-296-2913
ME:MBERSOF.PANEL A
CHAIR:William B. SwearerLawyer Member'
VICE-CHAIR:Carolyn TillotsonLay Member
Nancy S. AnstaettLawyer Member
J. Patrick BrazilJudge Member
Theodore B. IceJudge Member
Jennifer L. JonesJudge Member
Christina PannbackerLay Member
SECRETARY:Carol G. GreenKansas Judicial Center301 S.W. Tenth AvenueTopeka, KS 66612-1507
June 7, 2011
.~
~tate of Jkan~a.s
QCommi ion on jfubitial @ualificationsKansas Judici~LCenter301 S.W. Tenth AvenueTopeka, Kansas 66612-1507
Facsimile 785-296-1028
Julie Stover303 S. Jefferson StreetFrontenac, Kans s 66763
Re: Docket o. 1115, In the Matter of A. J. Wachter
Dear Ms. Stover
The Commission met June 3, 2011, at which time the above-captioned complaintwas considered.
Judge 'VI1achter acknowledged and expressed regret for his use of the term"peanut gallery.'] It was the consensus of the Commission that the judge's use of thatterm was inapp~opriate, and it was the decision of the Commission to caution JudgeWachter regarding future word choices.
It was Jrther the decision of the Commission that the remaining allegationscontained in your complaint contained no facts evidencing judicial misconduct as definedin the Code of JT!dal Conduct. ... .
Thank YOf for bringing your concerns to the attention of the Commission. Thismatter is now closed.
mm
William B. Swearer,Chair
Sincerely,
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CHAIR:Mary B. ThrowerJudge Member
VICE-CHAIR:Nicholas M. St. PeterJudge Member
Nancy S. AnstaettLawyer Member
J. Patricl~ BrazJJudge Member
Brenda M. CameronJudge Member
Dr. Mary DavidsonNon-Lawyer Member
Allen G. GlendenningLawyer Member
Larry D. Hendricl~sJudge Member
David J. KingJudge Member
Susan LynnNon-Lawyer Member
Christina Pannbacl~erNon-Lawyer Member
William B. SwearerLawyer Member
Valdenia C. WinnNon-Lawyer Member
Diane S.WorthLawyer Member
SECRETARY:Heather L. Smith
~tate of 1!ansas
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QCommi stun on 3'f untnal
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Travis CarltonJune 19,2015Page Two
With regard to your re9uest for an "unbiased judge in Case Number 20 14CV 53P A," theCommission has no jurisdictio n over recusal issues. K.S.A. 20-311 d outlines the procedure forobtaining a new judge.
With regard to your i quiry on the status of your complaint against Timothy Fielder,Docket No. 12181, you will need to contact the Disciplinary Administrator's Office, 701 SWJackson, First Floor, Topeka, (Iansas 66603 785-296-2486.
mm
Sincerely,
{=~t~Q?Secretary
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Pursuant to Article 1, Section 3 of the Kansas Constitution and K.S.A. 20-101,there is hereby created the ~i .._ e~mmi~ Theduties of the committee ~ be review and investigate, as needed, ethicalcomplaints made against e disciplinary administrator or the disciplinaryadministrator's staff, and to make reports and recommendations to the SupremeCourt concerning its fin . gs. The following are appointed for a term endingJune 30, 2000:
Honorable Richar2535 GranthurstTopeka, KS 66611
Honorable Robert ~ler2031 SW Briarwo1o DriveTopeka, KS 66611- 042
Honorable David fager5604 SW Hawick LaneTopeka, KS 66614
BYORDER OF THE COURT this 11th day of October, 1996.