May 11.

2015

Kansas Commission on Judicial Qualifications

301 S.W. Tenth Avenue

Topeka Ks 66612

Greetings Ethic Committee:

I would like to make a complaint against Honorable Kurtis Loy of the 11thjudicial district in
Crawford County for violating the Rules Relating To Judicial Conduct Rules 1.2. 2.1. 2.11(A)
Disqualification. and 3.11. I was reading through the examples of the Kansas Commission On
Judicial Qualifications Advisory Ethic Opinion Cases and Irealized that 2011 JE-171seemed to be
exactly what Honorable Kurtis Loy is doing in case number 2014LM55P and 2014LM409P. I
have included a copy of the court docket for 4/28/2015 that shows that on 2/13/2015 Judge
Kurtis loy is still the judge in the case when the attorney is his ex-law partner Kip Sagehorn of
"Loy and Sagehorn". Igot a copy of docket number 2014LM409P on 4-28-2015 and yet Judge
Kurtis Loy is the judge in this case as well which is attorney Burton Harding who was previously a
partner at "Lov, Harding. and Sagehom". It also does not make sense to me why Judge A.J.
Wachter recused from case number 2014LM55P on 2-24-2014 and Kurtis Loy would have
ac.c.epteda judidal reassignment from his past law partner. Why has Judge Kurtis loy not recused
from this case??
Please investigate into why Judge Loy does not have to follow the advisory opinion example of
2011 JE-171which specifically says "A judge and his or her spouse who owns an office building
may lease the building to attorneys or law firms who practice and appear in the judge's district as
long as the attorneys appear before other judges in the district and the conflicts appear only
periodically. See Rules 1.2, 2.1, 2.1,1,and 3.11.
Judge Loy and his wife Cindy loy according to his 2014 Financial Disclosure Report shows that
the building of "Loy, Sagehorn & Harding, LLC"which is 112West Fourth Street is owned by
Judge Kurtis Loy and his wife Cindy loy.
Sincerely.
Noah Day
c/o 1410 Bitner Terrace
Pittsburg Kansas 66762

Date:

4/28/2015

Time:

12:25 PM

User: PAH

Crawford County District Court (Pittsburg)

ROA Report

Page 1 of 1

Remington Square Apartments

Case: 2014-LM-000409-P

_~

Current Judge: Kurtis I Lay

vs. Kimberly Tingley

Landlord/Tenant-Unlawful

Detainer

Date

Judge

9/25/2014

Petition Filed
Document 10 Number: 253807

Kurtis I Lay

Request
Document 10 Number: 253808

Kurtis I Lay

Summons Issued Back To Atty For Service On Kimberly For October 3,

2014 At 8:30 am
Document 10 Number: 253809

Kurtis I Lay

Hearing Scheduled

Kurtis I Lay

(Answer?

10103/201408:30

AM)

9/29/2014

Return of Service on Kimberly, Personal Service on 9/29/14

Document 10 Number: 254054

Kurtis I Lay

10/3/2014

Appearance of def. Kimberly Tingley and Admits the allegations

Document 10 Number: 254660

Kurtis I Lay

Email Sent Date: 10103/201410:59

am TO:Jr
amytrisha@loylawfirm.kscoxmail.com
File Attached~
A'PPEARANCEOFDEFENDANTINEVICTIONACTION,pdf
Document: Appearance of Defendant in Eviction Action

Kurtis I Lay

H'~
D()J

"T

1t-{.;7

~tA- W

Hearing Rescheduled

(Notice
of Intent to Dismiss
,,:
J

10/17/2014

Journal Entry
Document 10 Number: 255759

10/23/2014

Writ of Assistance Issued to Crawford County SO

Document 10 Number: 256416
Writ of Assistance Served on Oct 272014
Document 10 Number: 256930

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qY- /1;) JrJ, t./1-h.

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Name of

12/03/201409:00
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Kurtis I Lay
Kurtis I Lay

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Kurtis I Lay
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/'Date:
Time:

4/28/2015
12:25 PM

User: PAH

Crawford County District Court (Pittsburg)

ROA Report
Case: 2014-LM-000055-P

Page 1 of 1

Current Judge: Kurtis I Loy

Fox Recreation Area Inc

VS,

Anthony Eure

Judge

Date
2/5/2014

2/14/2014

Petition Filed
Document ID Number: 229171

A J Wachter

Summons Issued Back to Attny for Service

Document ID Number: 229172

A J Wachter

Summons ServedlReturned Personal Service on Anthony Eure on Feb 6

2014
Docu ent ID Number: 230326

A J Wachter

Kurtis I Loy
Kurtis I Loy
1/23/2015

Request for earnings Garnishment issued back to atty for srvc by cert mail
to Anthony Eure
Document ID Number: 265454
Garnishment Served on Apex Co
Document ID Number: 267918
Notice of service of Notice to Judgment Debtor
Document ID Number: 267919

Kurtis I Loy

IUDIClI\L CONDUct
Year
Issued

AdvisOlY
Opin. No.

2009

JE-166

2009

2009

2009

2010

2011

755

Topic

A judge may not solicit funds from fellow judges to contribute to a fund
for the benefit of a judge's spouse under Canon 4C(4)(b); however a
judge is not prohibited from contributing to the fund for the benefit of
a fellow judge's family that is experiencing a medical emergency; funds
may be contributed to the fund by lawyers who may appear before the
judge in the future if the judge complies with Canon 4D(5)(b) and
reports a gift if the contribution exceeds $150.

Subsequent JE Opinions governed by Rule 60lB.

A judge is required to disqualifjr himself or herself in any proceeding in
which the partner of the judge'S spouse represents a party before the
judge. See Canon 2, Rule 2.11(A) and Canon I, Rule 1.2.
JE-168 The attendance of a judge at a presentation by the DUl Victims Center
of Kansas would convey the impression that the organization is in a
position to influence the judge, thereby violating Rule 2.4(c) of the
. Kansas Code of Judicial Conduct; this conclusion is consistent with JE121 and JE-126.
.
JE-169 A sitting judge may attend a forum which is sponsored by a non-partisan
institute which is aimed at improving the legal and judicial systems. See
Comment [4] of Rule 1.2 and Rule 3.7(A) of the Code of Judicial Conduct.
JE-170 A judge's presentation on appellate procedure presented by a for-profit
organization would be a direct violation of Rule 1.3 of the Code of
Judicial Conduct. See Rule 1.3 and Comment [1] to Rule 3.1.
.i
JE-l71
A judge and his or her spouse who own an office building may lease the 11
building to attorneys or law firms who practice and appear in the judge's
district as long as the attorneys appear before other judges in the district
and the conflicts appear only periodically. See Rules 1.2,2.1,2.11,3.11.
JE-167

1 Judicial QualiBcations Commission's Reporter's

Note: The Commission on Judicial Qualifications
expresses concern that JE-78 may not be valid under all factual circumstances and notes that the Commission is not bound by advisory opinions.
Judicial Qualifications Commission's Reporter's Note: The Commission on judicial Qualifications
respectfully rejects the majority view and adopts the minority view expressed in JE-IOO.The Commission
is not bound by advisory opinions.
3 Judicial
Qualiications Commission's Reporter's Note: The Commission on Judicial Qualifications
respectfully rejects the panel's conclusion in JE-139. Under Republican Party of Minnesota v. White,
536 U.S. 765, 153 L.Ed. 2d 694, 122 S.Ct. 2528 (2002), judges and judicial candidates are allowed to
publicly announce their viewson legal. political. or other issues. The Commission is not bound by advisory
opinions.
Judicial Qualiications Commission's Reporter's Note: The Commission on Judicial Qualifications
respectfully disagrees with the Panel's conclusion in JE-141. Canon 5B(2)(a)(ii) states that a candidate
for appointment to judicial office may "seek support or endorsement for the appointment from organizations that regularly make recommendations for reappointment or appointment to the office. and from
individuals to the extent requested or required by those specified in Section 5B(2)(a)." The Commission
is not bound by advisory opinions.

Rule 651
LIMITATIONS ON JUDICIAL SERVICE
No general jurisdiction district judge shall serve as a municipal court
judge at any time during the term of his or her office.
This rule does not apply to judges serving as such only on a pro tempore
basis under K.S.A. 20-310a and amendments thereto.
[History: New Rule effective July I, 1993.]