Kansas Commission on Judicial Qualifications

301 SW. 10th Avenue

Topeka Ks 66612

November 5, 2017

This complaint is against:

Chief Judge of the 11thdistrict AJ. Wachter of 602 N. Locust in Pittsburg Kansas 66762

Case Numbers pertaining to this complain in Crawford County 11th District Court
are: 13CV32P Wells Fargo vs. Julie S. Brunskill and 2017CV72P Kasey King vs. Lori Bolton
Fleming, et at

Greetings ethic department:

I have recently sent in three (3) ethic complaints against chief judge A.J. Wachter of the 11th
district in Crawford Courity which were on the October 6,2017 agenda to be heard by your
committee. On 10/30/2017 I received a copy of the ROA for 2017CV72P Kasey King vs. Lori
Bolton Fleming, et al. because this is the same case that judge A.J. Wachter gave (out of district
assignment orders) on July 27,2017 to judge Daniel Creitz in case numbers 201J-.CV-32-P
which was handwritten and 2011 CY 72 P which was typed without any hyphens. According to
the court ROA in case number 2017-CV-72-P on 7/27/2017 there was an out of district
assignment order and the judge listed is AJ. Wachter. On 8/112017 it shows a (judge recusal)
and shows that the judge listed is (out of district judge).

Who was the judge that recused on 8/1/2017 was it AJ. Wachter or Judge Daniel Crietz?

This makes absolutely no sense!! Judge Wachter is the one that recused because he is
disqualified undler K.S.A. 20-311d(b} because his brother Bill Wachter the owner of My Town
Media is a defendant in case number 2017-CY"72-P so therefore A.J. Wachter had no subject
matter jurisdlcflon to assign the order and it should have been signed by departmental#4 justice
Lee Johnson.

This ROA contmues to make no sense since it shows (out of district judge) listed from 8/1/2017
with entries on 81712017 and 818/2017 but on 8116/2017 on the {Hearing rescheduied (status
conference 8/1E~/201709:30 AM) the judge listed to the side is none other than (A.J.Wachter)!!!!

A.J. Wachter recused from this case back on 7/27/2017 when he gave the out of district
assignment order and he was previously listed on the court ROA as the judge having jurisdiction
. in case number 2017-CY-72-P on the dates of 6/26/2017,7/26/2017, and 7/27/2017.

How does A.J. Wachter return to the court ROA on 8/16/2017 after he recuses??????
These are the reasons that your 2015 annual report says a judge should receive a cease and
desist order for continuing to handle matters in a case in which the judge has recused. Judge
Wachter recused on 8/1/2017 after he gave an out of district assignment to Daniel Crietz on
7/27/2017.

A.J. Wachter continues to handle matters in cases after he recuses which is another reason
your committee states that a judge should receive a cease and desist order.

Case number 2017-CV-72-P continues to not make any sense according to the court ROA
because out of district judge is listed to the side where the judge has jurisdiction from the dates
of 8/1/2017 which shows Oudge recusal) and then on the date of 8/1712017 out of district judge
appears again to have jurisdiction after A.J. Wachter was there on 8/16/2017 for the judge
conference call.

It then shows out of district judge having jurisdiction on the dates of 8118/2017,8/28/2017,
8/30/2017,8/30/2017,9/5/2017,9/15/2017, and 9/22/2017 aUshow out of district judge having
jurisdiction.

On 9/2512017 it shows (Judge Daniel Creitz) having jurisdiction from the dates of 9/25/2017 and
10/2/2017 but on 10/612017 the judge is Edward Bouker.

What is going on?????

If Daniel Crietz was the judge from 7/27/2017 why was he not listed as the judge in the case
until 9/25/2017 and it shows out of district judge starting on 8I1/20171?????

Did Daniel Creitz recuse on 8/1/2017 and not A.J. Wachter???

If Daniel Creitz recused on 8/1/2017 then why is he back in the case on 9/25/2017?????

Please investigate A.J. Wachter for violations of the code of judicial conduct rules 1.2, 2.2, 2.3,
2.4,2.5,2.7,2.11,2.12,2.15,2.16,

Sincerely,
Julie Stover-Kin
303 South Jeffe
Frontenac Ks 66763
Date: 10/30/2017 Crawford County District Court (pittsburg) User: KV
Time: 11 :50 AM ROA Report
Page 1 of 2 Case: 2017 -CV-000072-P
Current Judge: Edward E Bouker
KASEY KING vs. LORI BOLTON FLEMING, et al

Other Contract

Date Judge

6/26/2017 Plaintiff: KING, KASEY Attorney of Record Adebayo Ogunmeno A J Wachter

PETITION FOR DAMAGES PLE: Petition A J Wachter
7/26/2017 Elnail Sent Date: 07/26/2017 11:42 am To: Dennis.Depew@ag.ks.gov A J Wachter
File Attached: PETITIONFORDAMAGES.pdf Name of Document:
PETITION FOR DAMAGES
7/27/2017 . Out-Of-District Assignment Order INF: Judge Signed Order A J Waehter (;;:-

8/112017 Judge: Recusal Out of District Judge

81712017 Motion to Dismiss or in the Alternative Motion for Summary Judgment with Out of District Judge
Memo MOT: Dispositive
Exhibit 1 - Muathe v. Loy CoA opinion 116284 INF: Exhibit Out of District Judge
Exhibit 2 - First Amended Complaint INF: Exhibit Out of District Judge
Exhibit 3 - Second Amended Complaint INF: Exhibit Out of District Judge
Exhibit 4 - Memorandum and Order INF: Exhibit Out of District Judge
Exhibit 5 - Order INF: Exhibit Out of District Judge
Exhibit 6 - Memorandum and Order INF: Exhibit Out of District Judge
Exhibit 7 - Memorandum and Order INF: Exhibit Out of District Judge
Exhibit 8 - Judgment INF: Exhibit Out of District Judge
Exhibit 9 - Amended Judgment INF: Exhibit Out of District Judge
Exhibit 10 - Order INF: Exhibit Out of District Judge
Exhibit 11 - Civil Docket Sheet INF: Exhibit Out of District Judge
Motion to Stay Discovery Pending Ruling on Motion to Dismissl Summary Out of District Judge
Judgement MOT: Motion (Generic)
8/8/2017 Summons: Issued on 08/08/2017; to LORI BOLTON FLEMING on
08/08/2017.
Summons: Issued on 08/08/2017; to KURTIS I LOY on 08/08/2017.
Summons: Issued on 08/08/2017; to LORI BOLTON FLEMING on
08/08/2017.
SUMMONS PLE: Summons Out of District Judge
SUMMONS PLE: Summons Out of District Judge
SUMMONS PLE: Summons Out of District Judge
..
Summons: Issued on 08/11/2017; to MY TOWN MEDIA, INC on
08/11/2017.
SUMMONS PLE: Summons Out of District Judge
8/16/2017 Hearing Rescheduled (Status Conference 08/16/2017 09:30 AM) Counsel A J Wachter L-.-
and judge conf. call. No travel to Pittsburg.
8/17/2017 Defendant Fleming and Lay's Motion to Stay Answer Date MOT: Motion Out of District Judge
(Generic)
8/18/2017 Notice of Hearing NOT: Notice - No Sheriff Service Required Out of District Judge
8/28/2017 MOTION FOR EXTENSION OF TIME MOT: Motion (Generic) Out of District Judge
8/30/2017 Hearing Rescheduled (Motion 01/16/201801:30 PM) In Pittsburg Out of District Judge
Date: 10/30/2017 Crawford County District Court (Pittsburg) User: KV
Time: 11:50AM ROA Report
Page 2 of 2 . Case: 2017 -CV-000072-P
Current Judge: Edward E Bouker
KASEY KING vs. LORI BOLTON FLEMING, et al

Other Contract

Date Judge

8/30/2017 Minutes Entry Hearing type: Judge Minutes Hearing date: 8/30/2017 Time: Out of District Judge
11:27 am
Document sealed
9/512017 Attorney of Record Bernard J Rhodes
Entry of Appearance INF: Entry of Appearance. Out of District Judge
Defendant My Town Media's Answer to Plaintiff's Petition for Damages Out of District Judge
PLE: Answer
Defendant My Town Media's Motion for Summary Judgment (With Out of District Judge
Memorandum) MOT: Summary Judgment
9/15/2017 Rule 170 Notice - Staying Requirement to File an Answer NOT: Notice - Out of District Judge
No Sheriff Service Required
Rule 170 Notice - Staying the Commencement of Any Discovery NOT: Out of District Judge
Notice - No Sheriff Service Required
9/22/2017 Rule 170 Notice and Certificate of Service NOT: Notice - No Sheriff Out of District Judge
Service Required
9/25/2017 REPLY TO DEFENDANT LOY AND FLEMING MOTION TO DISMISS OR Daniel Creitz
FOR SUMMARY JUDGMENT PLE: Reply
10/2/2017 MOTION FOR EXTENSION OF TIME MOT: Motion (Generic) Daniel Creitz
Proposed Scheduling Order and Notice of Hearing ORD: Order Daniel Creitz
(Generic)
Order Regarding Defendants Fleming and Lay's Motion to Stay Discovery Daniel Creitz
ORO: Order (Generic)
Order Regarding Defendants Bolton and Lay's Motion to Stay Answser Daniel Creitz
Date ORO: Order (Generic)
10/6/2017 Defendant's Motion for Extension of Time MOT: Motion (Generic) Edward E Bouker
Assignment Order No.5 Edward E Bouker
Document 10 Number: 380877
10/10/2017 Defendant Fleming and Lay's Reply In Support of Motion to DismisslMSJ Edward E Bouker
PLE: Reply
10/16/2017 MOTION FOR EXTENSION OF TIME MOT: Motion (Generic) Edward E Bouker
10/27/2017 Proposed Order for Extension of Time ORD: Order (Generic) Edward E Bouker
 D ISPOSITION
COMPLAINTS
OF DOCKETED
After investigation of docketed
complaints, the panel may choose a course of
action short of filing formal proceedings.
A complaint may be dismissed after
investigation. On docketing, there appeared
to be some merit to the complaint, but after
further investigation the complaint is found
. to be without merit.
A letter of informal advice may be
issued if the investigation did not disclose an
ethical violation but future direction would
be beneficial to the judge. A letter of caution
may be issued if the investigation disclosed
an ethical violation which was too minor to
warrant further proceedings.
A cease and desist order may be
issued when the panel finds factually
undisputed violations of the Code which
represent a continuing course of conduct.
The judge must agree to comply by accepting
the order, or formal proceedings will be
instituted.
Examples of conduct resulting in
cease and desist orders include; activity on
behalf of a political candidate or continuing
to handle matters in a case in which the judge
has recused ..
Upsn disposition of any docketed
complaint, the judge and the complainant are
notified of the panel's action. Other
interested persons may be notified within the
panel's discretion.
CONFIDENTIALITY
The panel assigned a complaint
conducts investigations, often contacting the
judge involved as well as witnesses. The
Commission and its staff are bound by a rule
of confidentiality unless public disclosure is
permitted by the Rules Relating to Judicial
Conduct or by order of the Supreme Court.
See Rule 607(a). One exception to the
confidentiality rule exists if the panel gives
written notice to the judge, prior to the
I
judge's acceptance of a cease and desist
order, that the order will be made public.
Rule 611(a).
Other narrowly delineated exceptions
to the rule of confidentiality exist. Rule
607(d)(3) provides a specific exception to the
rule of confidentiality with regard to any
information which the Commission or a
panel considers relevant to current or future
criminal prosecutions or ouster proceedings
against a judge. Rule 607 further permits a
waiver of confidentiality, in the
Commission's or panel's discretion, to the
Disciplinary Administrator, the Judges
Assistance Committee, the Supreme Court
Nominating Commission, the District
Judicial Nominating Commissions, and the
Governor with regard to nominees for
judicial appointments.
The rule of confidentiality does not
apply to the complainant or to the respondent.
See Rule 607(c). .
 ELECTRONICALLY FILED
2017 Jul 27 PM 12:02
CLERK OF THE CRAWFORD-PITTSBURG DISTRICT COURT
CASE NUMBER: 2017-CV-000072-P

IN THE ELEVENTH JUDICIAL DISTRICT

STATE OF KANSAS

TO: Hon Daniel D. Creitz

Chief Judge
1 North Washington Ave,
lola, KS 66749

OUT-OF-DISTRICT ASSIGNMENT ORDER

In accordance: with Supreme Court Assignment Nos. 20, and 21, Judicial

Department No.4, each dated April 19, 2017, K.S.A. 20-319 and Supreme Court Rule

No. 1.03, you are hereby assigned to hear and determine the following case presently

pending in Crawford County, Kansas, at Pittsburg:

Kasey King, Plaintiff, )

)
VS. ) Case No. 2017 CV 72 P
)
My Town Media, Inc., )
Lori Bolton Fleming, )
Kurtis Loy.! Defendants. )

It is so Ordered by the date on the electronic file stamp.

BY ORDER OF:

APPROVED BY:

Electronic copy to: Prince Adebayo Ogunmeno

 ELECTRONICALLY FILED
201'7 Jul 27 PM 2:05
CLERK OF THE CRAWFORD-PITTSBURG DISTRICT COURT
CASE NUMBER: 2013-CV-000032-P

IN THE ELEVENTH JUDICIAL DISTRICT

STATE OF KANSAS

TO: Hon Daniel D. Creitz

Chief Judge
. 1 North Washington Ave.
Iola, KS 66749

OUT-OF.,nISTRICT ASSIGNMENT ORDER

In accordance with Supreme Court Assignment Nos. 20, and 21, Judicial

Department No ..4, each dated April 19,2017, K.S.A. 20-319 and Supreme Court Rule

No. I.03,you are hereby assigned to hear and determine the following case presently

pending in Crawford County, Kansas, at Pittsburg:

Wells Fargo Bank, NA., Plaintiff, )

)
VS. ) Case No. ~c:J13- C\r-,3;t P
)
Julie 8; Brunskillet aZ.. Defendants. )

It is so Ordered by the date on the electronic me stamp.

A.J'rizw!U&
BY ORDER OF:

Chief Judge
Eleventh Judicial District

APPROVED BY:

Electeonic Copy to: Ms. LindaTarpley

Printed copy to: Julie Stover-King, f/nJa Julie Brunskill

 _--------v-1! .

----- -- ----.----. ---- -- -". ~-- - .~.---'":--

citylinktv.com, on . the
.Lynch na,med'ChiefllthDistrictJud,ge
r
News Report Channel
and archived for -later .. The Kansas Supreme
viewing. Court has appointed Cher-
. Columbus' City okee County District Judge
Council meetin Council ".Oliver Kent.Lynch Chief
Chambers of.City 'Hall- . "Judge in the 11th Judicial
at6:30p.m.T,his meet-: District .
.' jng will be livestreamed His appointment. f01-:
. 'Over .citylinktv.com on . lows the resignation ..of
.Ithe News Report Chan- C"; f J d AJ W: ht
nelan d archived forhil-' W.e u'ge . ac er .
earlier tliis week.
e~viewin8'" : : 'c, c' "", L~~e:a
__ '-'.

< G~ena ItyCtm -,two-year teJ!'oo;~ginning.

ell meets at 6 p.m. in the next year. . ".'-.,'
Galena City H~. . . Lynch has served asa,
o.PurcellChapter of .district judge,.sinCe 2005,
the order ofEastet'n Star . presiding ovee'easea in the',
HOmeets'at7 p.m. ill l1&-Judiciall)istrict com-
th~. <:;olumbU$Masonic priSed of Cherokee, Cra~:"' Oliver Kentlynch;
, TempleR' I F'" T ;'" ford,and Labette ooUnties. . Ea'cb .ofKansas" 31J'u- .Bef~;ebe.)lng}'na.nied.to
r" ~ee~ ate ;~'~tn~r~ili:
.LabetteBank., .. '.
.~ d "w~.areh';agreedgIad
.111 ge 1..ync,
that. dicial districts. has a chief 'tliebench, Wachter was in
to judge who, in addition t6privatelaw. pt~Ctice. from
I Quilt Club me~ s~~e as chi~ ~udg7-' Pro-'.his or her-judicial respon- 1969 ,to 2002. He gradu-
Vldingcontmtirty m ca., sibilities, has general con- :ated from Pittsburg State
.9:30 a,m. in FirstChris- pable l~~~k~p in the . . . . .
'. >

tian Church. . CdUQ.<U. . trol over case assignments. University.rand Washburn

'.

Cherokee County
Health '.Department Flu
'. Clini 8 30
fo~1\:30 ~~l.aridJ~;~O
p.rn; to 4 p.m. at the'Suprem:~
.Health Department.
.
Boy Scouts meet .iowodclng:
in Methodist Church
.r
r
Basement at 6:30p.m.'
Tuesday~ November 7
.' City,-Hospital
Board and School Board
, ~lection' . with polls
~meniiig a~ 7Ull .. and
dosingat'7p.m. . '.
. Cherokee County.
Economic Development
Board meets ..at .6:30 . . of Law. Before.hisappoint-
p.m. in the Economic
Development office at
201 E. Pine. "
..... Exercise Class at
Cherokee County hospi-
tality Center,,516NQrth
Kansas 'Avenue Colum-
,bus,4:30 toS'p.m.
:i DEATHS
Eanitly Donaldson, 72 .
Riverton'
Charles Pe.trie, 75 ,
Pittsb.urg~ .
, Musing Under
11th Judicial DiLastrict,"SaId ' within the district, as well University School of Law. _
ehief.- Justice .' wtthn ."R as general stIpefVisory .au- He served in the U ..5..Army
N
uss m announcmg e ap-;thorityovertheadministra- ReserVefromJ96lto1969.
'.Fo.in~e! honored attheJive and <.:lericalfunctions' .ije is afonit~rptesidentofj.
Coilit~s, COnfi.,ofthw:e caocUh'rtte'~announcedthe Crawf9id County Bar
.... f
dence in me; I look forward
more closely_his retiren;tent ~arlier in the
.with our wonderful staff," wee~. This willcrea~e an
en truck'!
Association;", ..
Stol
. .. ,
Lynch said. .' .openmg?~
. Lynch succeeds Judge f; 11th JUdICia!District. .
the ~~chm thefoundtlurnil1g'
.nea r .rive. 'r
Wachter as chief'judge in .. Jud~es ,m file 11th .Ju-
1hellth Judicial District. dicta} District are appomt:., A 200Q Ford; F-350
Wachter is retiring in De~ ed~hroughanon\'artisan; was found bumingar the
cember.; .... .: .... merit-based selection sys., c. edge of Spring R~ver in Ri-
.' Lynch.is,anativeof tem.;Th~district'sju~~ial) verton, Thesdayt' . .....
Baxter Springs and gnidu- n<?IDln~tmg .' COmmIS~l~n .'"'Cherokee," .County
ated from the University of will announce when it-ts Sheriff'sdepllties.wete
. Kansas and the. KU School' accepting applications .for able to mak~ contactwith
Wachter'ssuccessor. After the . owner from Jasper
men! to thebench, Lynch interviewing candidates. County, who hadn't yetre- .
was in private practice. He .the commission will for": alized his vehicle had been'
.,also previously served' as. ward the names of three to ....stolen. .. ..':
Baxter Springs city attor-five finalists to thegover- ,Investigators' are=fol-
ney and Cherokee County nor, who will appoint the . lowing upon leads with
attorney. next judge. regard to suspects. " ,!
''''Arrest>made
:In.pedestri'an-
'auto deaths .
An arrest has been
, made in the July deaths of
- two Galena pedestrians.
. . ... 'Shelby :Lyrih Colon
.:was' takenjnto custody by
,; Joplin:;Mo.,police officers,
.......... Colon~a.sarnbstedon
\;Wafri;UltS' issued, in relation