January 5, 2014

EVIDENCE for COMPLAINTS

I have recently sent in judicial complaints for judges failing to recuse themselves for conflicts of
interests and violations of "RULES RELATING TO JUDICIAL CONDUCT". I have recently
sent in complaints where I think it is a conflict of interest for the judges A.J. Wachter, Lori
Fleming, Robert Fleming to all be members of Lady Lourdes Church and be members of
Crestwood Country Club along with Judge Kurtis Loy.
I also thought it was a conflict of interest for Kurt Loy to receive money from the city when
Mark Werner, Kyle Fleming, Dr. Shane Kanarr, and Richard Oler are all members of Lady
Lourdes and Crestwood Country Club as well and they are the ones on the city of Pittsburg's
economic board giving money to Kurt Loy's "Stillwell Heritage Education Foundation".
I have also mentioned a complaint that I think it is a conflict of interest for certain members of
Crestwood to donate to the campaign of Terry Callow and then go in front of the same judge as
well since they all share political ties to a member of Crestwood.
I have included an opinion no. 2013-003 from "CALIFORNIA SUPREME COURT COMMmEE
ON JUDICIAL ETHICS OPINIONS" on "DISQUALIFICATION BASED ON JUDICIAL
CAMPAIGN CONTRIBUTIONS FROM A "LAWYER IN THE PROCEEDING". The
introduction in Section 170.1 sets forth the grounds for judicial disqualification in the trial
courts. In 2010, the legislature added subdivision (a)(9) to the statute. This new provision
provides mandatory disqualification if a judge has received a campaign contribution.
The opinion on page 4 says "There is a serious risk of actual bias-based on objective and
reasonable perceptions-when a person with a personal stake in a particular case had a
significant and disproportionate influence in placing the judge on the case by raising funds or
directing the judge's election campaign when the case was pending or imminent." (Caperton,
supra, 556 U.S. at p.884). On page 6 the CIC recommended that: "Each trial court judge should
be subject to mandatory disqualification from hearing any matter involving a party, counsel,
party affiliate, or other interested party who has mad a monetary contribution to the judges'
campaign, directly or indirectly. Bill No. 2487 (2009-2010 Reg. Sess.) Apr. 27, 2010, p. 10 [bill
seeks to implement cre s recommendation of mandatory disqualification]; Assem. Com. On
Judiciary, 3d reading analyses of Assem. Bill No. 2487 (2009-2010 Reg. Sess.) May 4, 2010, p. 5.
On Page 9, 9(A) says A judge shall be disqualified if lithe judge has received a contribution in
excess of one thousand five hundred dollars ($1500 from a party or lawyer in the proceeding.
All of the above mentioned members donated to Terry Callow and 4 of the members helped
approved the city of Pittsburg's tax dollar $200,000 to Kurtis Loy of the "Stillwell Heritage
Education Foundation" and forgave the debt then turned right around and gave the same

foundation
not having
appointed
controlling

another $67,000 which could not pay the first debt another loan!!!!!! By Judge Loy
to help repay $200,000 it helped Judge Loy have more money for his campaign to be
judge. "This is all just a good ole boy network where the rich get richer by
who gets into positions of power to distribute hardworking citizens tax dollars".

Perhaps Kurt Loy got the money because he donates to Pittsburg State University and like Dr.
and Mrs. Shane R. Kannarr, Terry L. Callow, Kannarr Eye Care, and Loy, Sagehorn & Harding
do as well. Which in return help him pay his dues to Crestwood Country Club and the YMCA
which he is a member of as well. It seems Mark Werner was also a quota buster co-captain for
the Pittsburg Family YMCA reaching 97% of their goal and raising $344,000. Or maybe Judge
Loy got the money from the city because the Heritage Realty is with the Stillwell Heritage
Education Foundation and has agent Brian Jones on "ROTARY" with Mark Werner and Rich
Oler and Kevin Mitchelson. Or maybe Judge Loy got the money because his business was
recognized in 2010 in The Community Campaign of Pittsburg State University Celebrates 25th
year on 3/9/2010 and shows the co-chair was Mark Werner, president of Citizen's Bank. The
businesses recognized were Jones Heritage Realtors, Loy Law Firm, Rotary Club of Pittsburg,
and Wheeler & Mitcheson.
I also feel it is a conflict of interest for Shane Kanarr, Kyle Fleming, Mark Werner to all be on the
pastorial committee at Lady of Lourdes Church yet all are on the city economic board and
members of Crestwood as well with Richard Oler r Kurtis Loy, A.J. Wachter, Robert Fleming,
and Lori Fleming and I have included a newsletter from Lady of Loudes to show this. I think
it's also a conflict for Robert Fleming to be a youth minister at the church where his wife and
Frances Mitchelson collect money for the Parish and his wifes retirement from Catholic Diocese
in Wichita. I have included copies of Crestwood Country Club letters to show proof of the
above mentioned members along with Crawford County Deputy Stu Hite and youth minister at
Lady of Lourdes as well. Deputy Hite should not be able to go in front of Judge Lori Fleming,
Robert Fleming, or A.J. Wachter with his arrests for Crawford County Sheriff's Department due
to his Crestwood and ties with Lady of Lourdes church. The crestwood members shown are
Frances Mitcheslon, Marianne Wachter, Richard Oler, Terry Calloway, Shane and Amy
Kannarr, Stu Hite, Kyle and Lori Fleming, A.J. and Susie Wachter.
IN THE SUPREME COURT OF KANSAS NO. 94,647 "In the Matter of Gerorge R. Robertson,
District Judge" Judge Robertson cites the reasons for his misconduct come from the hours he
spent at his church. On Page 3 statement 6 Judge Robertson testified that he knew his internet
activity was inappropriate on several levels but that the pressures of his judicial position and
his volunteer commitments at his church led him to continue the activity. He also states on
page 6 that he "testified that these conditions were induced by the stresses placed upon him
as a church elder. These activities included everything from negotiating a lease for a boys
facility and dealing with bills and budget matters to teaching classes and visiting people in
the hospital.

Perhaps with all the hours Bob Fleming and his wife Peggy spend with the church has let it slip
his mind that he should be disqualifying himself from cases of Kevin Mitchelson, Mark Werner
and A.J. Wachter should not be hearing cases of Kyle Fleming. Especially since in not only once
but twice Judge A.J. Wachter thanks Bob Fleming for being his mentor, roommate in college,
and law partner. He mentions it in the alumni newsletter for Colgan where Bob Wachter is also
a minister and he mentions this again in "Looking Back" compiled by Chris Flood where A.J.
Wachter thanks Bob Fleming for "GUIDING HIS CAREER"!!! I'm sure he can thank him by
giving his son Kyle Fleming court wins since he is hearing a lot of his cases.
The same court case of George Robertson case no. 94,647 on page (5) Judge Robertson attempts
to argue that" courts should be cautious in removing judges because doing so disrupts the
public's choice of who should serve in the judiciary.
According to Crawford County 11thjudicial district the public does not have a choice who the
judge is since they are appointed by "Sara Beezley, Oliver Lynch, Richard Tucker, James Cook,
John Lehman, and Charles Sweeton". That committee picked Lori-Bolton Fleming and Kurtis
Loy to both be judges against David Markham. All 3 candidates are members of Crestwood
Country Club and Lady of Lourdes Church!!!!! Let's just take a look at the other 11thjudicial
district nominating commission of a total of (9) applicants which include Steven Wilhoft, Randel
Messner, John Mazurek, Kathleen Cerne, Frederick Smith, and Darian P. as in "PAUL"
DERNOVlSH!!! Even the one from Lawrence Kansas that most would not remember from
around here is "Paul Dernovish" graduating class of 1990 from where else Colgan High School.
Sara Beezley was on the
Bar committee with Kurt Loy and she is the president and
John Lehman is the secretary of "Unified School District #248" out of Girard Kansas. And who
was the CPA that did the audit for "Unified School District #248" none other than Mark Bolton,
Lori- Bolton-Fleming's father and renter from Kurtis Loy at 112 W.4th street in Pittburg of "Diehl,
Banwart, Bolton" with the address of 110 112 Forest Girard Kansas with the phone number of
620-724-6277. It also seems to be a nice old school connection between Mark's father Donald
Bolton postmaster of Mindenmines Missouri for (34) years and Cindy Loy's father Freddie Lee
who was an electrician with the city of Mindenmines and served as past Mayor of
Mindenmines. Take in the fact that Sara Beezley's sister-in-law is city of Pittsburg mayor Marty
Beezley and it seems the same families and bloodlines keep popping up on all these city boards
who have authority to distribute money to "CRESTWOOD COUNTRY CLUB MEMBERS AND
LADY OF LOURDES MEMBERS" is all the money seems to be distributed to.
On page (5) of the Judge Robertson case no. 94,647 the committee says "However, the public has
also expressed its choice to choice to have a system of discipline which can result in a judge's
removal from office. This choice is expressed in Article 3, Section 15 of the Kansas Constitution
which provides that a judge shall be subject to retirement for incapacity, and to discipline,
suspension and removal for cause by the supreme court after appropriate hearing. "See in re
Yandell, 244 Kan. 709, 717, 772 P.2d 807 (1989) {retention vote after misconduct occurred may be
II

a mitigating factor, but "such retention certainly does not preclude this court from imposing
discipline for respondent's

conduct during his prior term").

The last bit of evidence I am sending in is the conflict between Andy Bolton, Mark Bolton, Lori
Bolton-Fleming, Mark Werner, Judge Kurt Loy, and Kyle Fleming. Andy Bolton and Mark
Werner are sharing the same fax number 620-232~2994and 620-232-2442 where they indicate
"Please do not send us any information that you consider confidential until you have entered
into a written agreement with our firm regarding representation. Our revie3w of any
information you send us, even if it is confidential and submitted in a good-faith effort to retain
us, will not preclude us from representing another client directly adverse to you in a matter in
which the information is relevant and can be used against you.
Can Andy Bolton and Mark Werner both represent different clients in the same case even
though they share the same law firm?
How can Mark Werner not have his law office registered with the Secretary of States Office?
Isn't it a conflict of interest for Any Bolton's and Mark Werner's clients to not know that they
share the same law office, phone, and fax but yet somehow are different entities?
Do Andy Bolton and Mark Werner deposit money in the same business account of Law Office
of Mark Werner since they have same phone and fax number or do they have different business
accounts and different tax id numbers even though Mark Werner does not have his agency
registered with Secretary of State.
Can A.J. Wachter as Judge hear a case where Kyle Fleming is plaintiff's attorney, and Andrew
Bolton is the defense attorney in same case who is Kyle Fleming' s brother-in-law and business
partner of Kyle Flemings city economic development board member committee and pastorial
committee member at Lady of Lourdes Church "MARK WERNER". There are several cases
with Andy Bolton in front of Judge Loy and Judge Loy rented to Andy Bolton's dad "Mark
Bolton" at 112 w. 4th and his dad Donald Bolton and Judge Loy's father-in-law Freddie Lee had
known each other in Mindenmines as Mayor and Postmaster and lived 3 minutes walking
distance from each other. Judge AJ. Wachter has ties to the Fleming family personally,
friendship wise, economically through rent in college with Robert Fleming and owned "Wilbert,
Towner, Wachter, and Fleming" together and Judge Loy has ties to the "Bolton's economically
as well" through the rental of 112 W. 4th.
I didn't think that Mark Werner's law office was exempt from filing according to KS.A 17-1762.
NOTE TO ERIC" Add those judicial ethics opinions that would relate to this complaint.
Sincerely,
Eric Muathe