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To: Andra Stefanoni

Concerning:

Docket No. 1116 and 1114, In the Matter of AJ. Wachter with the COMMISSION ON

JUDICIAL QULAIFICATIONS
I have enclosed the transcript from the April 18, 2011 proceeding where Judge Wachter recused himself
after the first complaint

had been held with the ethics commission on April 8, 2011. The second hearing

on June 7, 2011 revealed that Honorable Andrew James Wachter did in fact commit Judicial Misconduct
according to STATE OF KANSAS COMMISSION ON JUDICIAL QUALIFICATIONS with his use of the term
"Peanut Gallery" and it was clearly INAPPROPRIATE according to the Ethics Board. I have also enclosed a
copy ofthe

STATE OF KANSAS COMMISSION ON JUDICIAL QUALFICATIONS pamphlet and highlighted

what part Honorable Wachter violated.


showing the Attorney withdrew

There is also an ORDER issued from case number 09DM341P

from this case as well after hearing that information

and it was signed

by Janice Russell Senior Judge from Olathe Kansas on May 31, 2011.
Honorable Wachter has also been sued on 2 different occasions since October of 2010 in Small Claims
Court for decisions that citizens from the public did not seem fair. Case number 201OSC000139P Eric
Muathe Vs. Andrew Wacther and Case number 2011SC33P Michael King vs. Andrew Wachter.

Both

cases were dismissed due to Judicial Immunity but the Public is more than welcome to read the cases if
they choose.
If you have any questions feel free to call me at 620-875-6494.

Thanks,
Kasey and Michael King

~tate of 1S.ansas

QCommission on jJ uotnat ~ualtftcattons


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

Telephone 785-296-2913

MEMBERS
PANEL A

Facsimile 785-296-1028

OF

June 7, 2011

CHAIR:
William B. Swearer
Lawyer Member

VICE-CHAIR:
Carolyn Tillotson
Lay Member
Nancy S. Anstaett
Lawyer Member
1. Patrick Brazil
Judge Member
Theodore B. Ice
Judge Member
Jennifer L. Jones
Judge Member
Christina Pannbacker
Lay Member

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

Michael Lee King


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

Docket No. 1116, In the Matter of A. J. Wachter

Dear Mr. King:


The Commission met June 3, 2011; at which time the above-captioned complaint
was considered.
Judge Wachter acknowledged and expressed regret for his use of the term
"peanut gallery." It was the consensus of the Commission that the judge's use of that
term was inappropriate, and it was the decision of the Commission to caution Judge
Wachter regarding future word choices.
It was further the decision of the Commission that the remammg allegations
contained in your complaint contained no facts evidencing judicial misconduct as defined
in the Code of Judicial Conduct.
Thank you for bringing your concerns to the attention of the Commission.
matter is now closed.
Sincerely,

William B. Swearer,
Chair
mm

This

~tate of }kansas

([ommission on Jf ubinal ~ualifications


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

Telephone 785-296-2913

MEMBERS
PANEL A

Facsimile 785-296-1028

OF

April 8,2011

CHAIR:
William B. Swearer
Lawyer Member

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

Michael Lee King


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

Dear Mr. King:


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

Jennifer L. Jones
Judge Member

Cordially,

Christina Pannbacker
Lay Member

CcuuL3~
Carol G. Green,
Secretary

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

Docket No. 1116, In the Matter of A. J. Wachter

mm

~tate of ]kansas

(!Commission on Jf utnrisl ~ualifiqltion9'


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

Telephone 785-296-2913

MEMBERS OF
PANEL A

Facsimile 785-296-1028

April 8, 2011

CHAIR:
William B. Swearer
Lawyer Member

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

Kasey McCoy King


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

Dear Mr. King:


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

Jennifer L. Jones
Judge Member

Cordially,

Christina Pannbacker
Lay Member

CaruL8'~
Carol G. Green,
Secretary

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

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

mm

$)tate of lkansas

Kansas Judicial Center


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

Telephone 785-296-2913

Facsimile 785-296-1028

June 7, 2011
MEMBERS
PANEL A

OF

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

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

Kasey McCoy King


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

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

Dear Mr. King:


The Commission met June 3, 2011, at which time the above-captioned complaint
was considered.
Judge Wachter acknowledged and expressed regret for his use of the term
"peanut gallery." It was the consensus of the Commission that the judge's use of that
term was inappropriate, and it was the decision of the Commission to caution Judge
Wachter regarding future word choices.
It was further the decision of the Commission that the remammg allegations
.contained in your complaint contained no facts evidencing judicial misconduct as defined
in the Code of Judicial Conduct.
Thank you for bringing your concerns to the attention of the Commission.
matter is now closed.
Sincerely,

William B. Swearer,
Chair
mm

This

11 JUN-3 AS:28
CLERK OF 0151 COUR:
CRAWFOREl COUNTY

By_.

.._
..

. IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

IN THE MATTER OF THE MARRIAGE OF


DEBORAH

L. KING,

)
)

PETITIONER,

MD

CASE

No.

09

DM 341 P

MICHAEL

L. KING,

)
RESPONDENT.)

ORDER PERMITIING WITHDRAWAL

The court having examined and heard the foregoing motion, and being of the opinion
that it should be granted.
IT IS HEREBY ORDERED AND ADJUDGED that Katherine Morin be and is
hereby permitted to withdraw as attorney of record for Deborah L. King in this cause.
IT IS SO ORDERED.
Dated:~1

~4

,2011.

SHOULD I DELAY APPEAL UNTIL MY COMPLAINT


OF JUDICIAL MISCONDUCT IS CONCLUDED?

No. You must proceed with whatever remedy is


available to you within the court system to correct
any judicial errors you believe were committed in
your case. Your complaint of judicial misconduct
is a matter totally independent of your litigation.

STATE OF KANSAS

CAN I REMOVE THE JUDGE ON MY CASE IF I FILE


A COMPLAINT AGAINST THE JUDGE?

No. An allegation of judicial misconduct is not a


substitute for removal procedure. You should seek
your attorney's advice as to the procedure for
removing a judge on your case or refer to K.S.A.
20-31ld.
EXAMPLES OF FUNCTIONS THE COMMISSION
CANNOT PERFORM

The Commission does not have the power to


release inmates fromjailor prison.

The Commission cannot change the sentence


of any court or reduce terms of inmates in
prison or jail.

The Commission cannot change custody


rulings made by judges in divorce cases.

The Commission does not have the power to


alter the amount of child support set by judges
in domestic cases.

The Commission does not have the power to


change the judge in any case.

The Commission
defendant's attorney.

COMMISSION

ON

JUDICIAL
QUALIFICATIONS

Commission on Judicial Qualifications

cannot

remove

The Commission cannot change the decision


of anyjudge.

Kansas Judicial Center


301 SW Tenth Avenue
Room 374
Topeka, Kansas 66612
785-296-2913
www.kscourts.org
judicialqual@kscourts.org

Prepared and published as a public service by the


Kansas Commission on Judicial Qualifications
June 2009

DOES THE COMMISSION GIVE LEGAL ADVICE?

The Commission on Judicial Qualifications was


established by the Supreme Court of the State of
Kansas on January 1, 1974.
The Commission was created by the Court under
the authority granted by Article III, Section 15 of
the Kansas Constitution and in the exercise of the
inherent powers of the Supreme Court.

The Commission cannot give legal advice to


citizens or represent clients.
I BELIEVE A JUDGE IN THE STATE OF KANSAS
HAS VIOLATED THE
CODE
OF JUDICIAL
CONDUCT. How DO I REGISTER A COMPLAINT?

Initial inquiries and/or a complaint form can be


obtained by contacting the Commission Office or
can be accessed on-line at www.kscourts.org under
"Commission on Judicial Qualifications." The
complaint must be in writing and signed. It should
identify the conduct or action believed to be
improper and should provide specific details and
facts. If further information is needed, you will be
contacted.

The Commission is charged with assisting the


Supreme Court in the exercise of the Court's
responsibility in judicial disciplinary matters. The
Commission consists of fourteen members
including six active or retired judges, four lawyers,
and four non-lawyers. All members are appointed
by the Supreme Court and serve four-year terms.

Is MY COMPLAINT

WHAT IS JUDICIAL MISCONDUCT?

The Commission and its staff are bound by a rule


of confidentiality unless there is an exception as
provided by Supreme Court Rule 607(a). The
Commission may, however, ask the judge for a
response to the complaint. In that event, the judge
would be provided a copy of the complaint.

Judicial misconduct is any violation of the Code of


Judicial Conduct which may include, but is not
limited to, misconduct in office, failure to perform
duties, or the inability, physically or mentally, to
perform duties.
Judicial misconduct does not
include erroneous application of the law or matters
within the discretion of the trial judge. These
rulings can be appealed to a higher court.

DOES THE COMMISSION


OVER LEGAL MATIERS?

HAVE JUlUSDICTION

The Commission does not have the authority to act


as a court of review, determining the legal or
factual validity of any judge's decision. An appeal
must be filed with a higher court.

CONFIDENTIAL?

Pursuant to Supreme Court Rule 607(b), the rule of


confidentiality does not apply to the complainant or
to the respondent judge.

WHAT WILL THE COMMISSION


COMPLAINT?

DO WITH MY

When a complaint is received, it is reviewed to


determine that it is within Commission
jurisdiction, and inquiry may be made to verify
allegations.
UndocketedIDocketed Complaints
The Commission, at a regular meeting, carefully
reviews all allegations and determines whether
they remain undocketed or will be docketed.

Undocketed complaints are those which facially do


not state a violation and no further investigation is
required. Docketed complaints are those which
warrant further investigation and receive a docket
number. The judge may be asked to respond to the
complaint. If an allegation involves legal issues or
for some other reason is not within the
Commission's jurisdiction, it will be dismissed.
The Commission may also take the following
action:

Issue a letter of informal advice


Issue a letter of caution
Issue a cease and desist order, either private or
public
File a notice of formal proceedings

Formal Proceedings
Once a notice of formal proceedings is filed by the
investigative panel, the judge has an opportunity to
answer and a public hearing is set. The hearing is
conducted by a hearing panel which has no
knowledge of the investigation
or prior
deliberations. At such a hearing, the judge has the
right to defend against the charges and to be
represented by a lawyer. Witnesses and documents
may be subpoenaed. If no violation is found, the
complaint will be dismissed. If a violation of the
Code of Judicial Conduct is found or a disability
which is seriously interfering with the judge's
ability to perform judicial duties, the Commission
may take the following action:

Admonish the judge


Issue an order of cease and desist
Recommend that the Supreme Court retire,
censure, suspend, or remove the judge

How LONG DOES IT TAKE TO RESOLVE


COMPLAINT OF JUDICIAL MISCONDUCT?

A panel of the Commission meets each month, but


the panels alternate months. Final disposition may
take several months, depending on the complexity
of the matter.

r--",

IN THE DISTRICT

COURT OF CRAWFORD

COUNTY,KANSAS

2
3
4
5

IN THE MATTER OF THE MARRIAGE


OF
DEBORAH L. KING,
Petitioner,

)
)

)
)
)

vs.

CASE NO. 09DM341P

)
)
)

MICHAEL L. KING,
Respondent.

7
8
9

TRANSCRIPT

10
11

PROCEEDINGS

OF PROCEEDINGS

had before

the Honorable

12

AJ WACHTER,

Judge of the District

13

of Crawford County,

14

Kansas, on the 18th day of April,

Kansas,

Court

at Pittsburg,
2011.

15
16

APPEARANCES:

17

The Petitioner

18

counsel, Ms. Katherine

19

424 North Broadway,

20

appearing

by and through

Morin of Broadway

Pittsburg,

The Respondent

her

Law Offices,

KS 66762.

appearing

pro se.

21
22
23
24
r'-~\

25

APRIL

1
THE COURT:

the Matter of The Marriage

King.

Morin and Mr. King appears pro se.

Deborah King is represented

MR. KING:

in

of Deborah and Michael

I have a document

by counsel

Kay

I would like to

submit to the Court that's been filed requesting

son Kasey King be my power of attorney.

my

THE COURT: Well, just hold it right there a

10

minute and let me visit about this first.

11

Court's attention

12

King and a lady whose name escapes me right now, have

13

filed ethics complaints

14

judicial -- the judicial

15

dated April the

16

ethics folks asked me to respond to those complaints.

17

actually

Carne to the

today that Mike King, Kasey

against me with the


ethics

folks.

And by letter

I think it was last Monday,

I don't know when that letter was mailed

the

but last

18

week I used all the week, with the exception

19

Friday, the day I had free, to try a medical

20

negligence

21

preparing

22

out and took care of a number of things but didn't

23

that letter until this morning.

24

--..

This is Case No. 09DM341P,

.'

Okay.

18, 2011

25

case and the week before

of

that obviously

for that case and Friday I was kind of worn

And when I got the file, then I saw that


somewhere

was

think in the file,

may be mistaken,

see

but -- no, on the file dated April 13, a Mike King

an unsigned

honorable

just related.

letter from Mike King was filed to the

John Gariglietti

And I actually

indicating

think, believe

the things

it or not, that I

could try the issues of this case still at this time

and set aside any prejudice

Michael King or Kasey King or anyone else.

choose not to do so and I hereby

that I may have against


But I

recuse myself.

This case will be given to Judge Gariglietti.

10

he wants to assign

He

11

can assign it to whoever

it and

12

that Judge then can take over the case from this point

13

on.

14

address, Mr. King, whatever

15

whatever

And so, that being the case, you will have to


motion

judge Judge Gariglietti

16

MR. KING:

17

THE COURT:

assigns

And Ms. Morin will have to -- I will

let whatever

19

action that particular

20

under the circumstances.

21

justice be done in your litigation,

Judge assigns this case take whatever

22

MR. KING:

23

THE COURT:
addressing

25

this morning.

this case to.

Thank you, Your Honor.

18

24

you have there with

person

feels is appropriate

Having said that, may


stand adjourned.

Thank you, Your Honor,


And I say I apologize

this earlier,

appreciate

it.

for not

but it came to my attention

1
2

MS. MORIN:
MR. KING:
THE COURT:

We understand,
I understand

Judge.

that, Your Honor.

So I think it would be a perception

of -- if I -- if I rule in favor of the petitioner

issues, then respondents

perception

what headaches

And actually

headaches.

10

are going to have the

that I did it to get even with them with


they think they have been causing me.

I don't think they have caused me any


I think they have been polite

in Court

both Mr. King

11

(Phone rang.)

12

THE COURT:

Yes.

Well, take a number,

13

call her right back, thank you.

14

can call your client right back.

15

MS. MORIN:

16

THE COURT: Anyway

we will

Take a number and you

I will.
I can say on the record that

17

Mr. King and Kasey King have been nothing

18

have done nothing that I consider

19

appearing

20

the judgment that -- that for all the reasons they

21

claim in their ethical

22

them because of that.

23

on

before me in the Court.

complaint

but polite,

inappropriate

when

But they might have

that I held against

And the other side holds true too, should I hold

24

In favor of Mr. King, and then always

in the mind of

25

Deborah King will be well, he had all these claims

against him, they pressured

in order not to convey the thought that a Judge may be

pressured

against

good luck in your next endeavor.

they will have a number she called from and certainly

you can calIon

MR. KING:

(Whereupon the proceedings

10
11
12
13
14
15
16

17
18
19

20
21
22
23
24
25

him into doing that.

or may use the bench to vindicate

somebody,

I withdraw.

his bias

God bless you all and


And your client, and

the Court's dollar.

Thank you.

Thank you, Your Honor.

p.m., April 18, 2011.)

So

concluded

at 1:37

STATE OF KANSAS)
)
CRAWFORD COUNTY)

SS.

CERTIFICATE

3
I,

Shaun J.

Higgins,

a Certified

Shorthand

Reporter, by virtue of the laws of the State of

Kansas, and the regularly

acting official

District of the State of Kansas do hereby certify

that as such official

Reporter

appointed,

for the Eleventh

reporter,

10

reported in machine

11

foregoing proceedings

12

before the Honorable

13

Judicial

14

and for the County of Crawford.

District

shorthand

and

Judicial

I was present

at and

the above and

had on the date above set out


AJ WACHTER,

Judge of the Eleventh

of the State of Kansas,

I further certify that pursuant

15
16

shorthand notes were transcribed

17

and that the foregoing

18

transcript

19

qualified

Sitting in

to law my

under my supervision

is a true and correct

of my notes in said case.


Signed, officially

20

the Clerk of the District

21

__________, 2011.

sealed, and filed with

Court this

day of

22
23

SHAUN J. HIGGINS,
KS CSR

24
25

RPR-CM

#0904

OFFICIAL

COURT REPORTER

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