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May 14,2018

Kansas Commission on Judicial Qualifications

301 SW Tenth Ave., Room 115

Topeka, Ks 66612

Case Number: 13CV32P Wells Fargo vs. Julie Brunskill and 2017CR287PState of Kansas vs.
Muriece Scholes.

This is a complaint against judge Richard Smith of Linn County District Court, P.O. Box 350,
Mound City, KS 66056, and recently resigned/retired Chief judge of the 11thdistrict AJ.
Wachter, and new chief judge of the 11thdistrict Oliver Lynch both of 602 N. Locust in Pittsburg
Kansas 66762. AJ. Wachter is not a Senior Judge and has intruded into case number 2017-CR-
287P State of Kansas vs. Muriece Scholes on 3/6/2018 without a judicial assignment on the
court ROA.

I had made a previous ethic complaint in this case of 13CV32P Wells Fargo vs. Julie Brunskill
that was heard on October 6,2017 and later docketed in the matter of AJ. Wachter docket
number 1334. AJ. Wachter received a private cease and desist order regarding delay from the
complaint and resigned in November of 2017 and officially retired in December of 2017. I had
also brought up unethical issues regarding the court ROA in the case and how ROA dated
3/13/2014 and the ROA dated 3/28/2014 show the entry of Hearing Rescheduled (Dismissal
3/28/2014 at 9:00 AM) entered on 3/5/2014 listed on the ROA dated 3/13/2014 and now it is
not listed on the ROA copy dated 3/28/2014, therefore somebody DELETED the entry by
3/28/2014 which did not comply with K.S.A 60-2601(a)(b)(1)(2)(d) as the clerk of the court
Debra Russell did not complete her proper ministerial task.

I then noticed the court ROA on 8/2i3/2017 and 9/6/2017 which shows that there is (NO
ENTRY ON 7ala017 FOR MOTION TO DISMISS FOR LACK OF PROSECUTION FILED BY
DEFENDANT) but yet the court ROA in the same case dated 1/23/2018 shows on 7/21/2017 a
(BACKDATED ENTRY OF MOTION TO DISMISS FOR LACK OF PROSECUTION) which does
not comply with K.S.A 6O-2601(a)(b)(1)(2)(d). My motion to dismiss for lack of prosecution was
filed on 7/21/2017 but could not be heard on 9/6/2017 at that hearing because it was not even
on the ROA My motion to dismiss for lack of prosecution filed 7/21/2017 was not on the ROA
on 8/27/2017 or 9/6/2017 because Chief Judge AI. Wachter retaliated against me because my
husband filed a lawsuit against his brother Bill Wachter of My Town Media in Kasey King vs -.
Lori Fleming, et al2017CV72P on 6/26/2017 and judge AI. Wachter recused/ disqualified
himself from this case on 7/27/2017 just six (6) days after I filed my motion to dismiss for lack
of prosecution which was not on the court ROA on 8/27/2017 and 9/6/2017
THIS IS FRAUD ON THE COURT, THE CLERK OF THE COURT CAN NOT JUST SIMPLY
ADD AND DELETE ENTRIES OFF OF THE COURT ROA WHENEVER SHE FEELS LIKE IT!!!

This does not comply with Rule 1.2 Promoting Confidence in the Judiciary, Rule 2.2 Impartiality
and Fairness, Rule 2.3 Bias, Prejudice, and Harassment, Rule 2.4 External Influences on Judicial
Conduct/ Rule 2.5 Competence, Diligence, and Cooperation, Rule 2.6 Ensuring the Right to Be
Heard, Rule 2.12 Supervisory Duties, Rule 2.16 Cooperation with Disciplinary Authorities.

It is also (UNETHICAL) of Judge Richard Smith to try to schedule a (FINAL PRETRIAL


CONFERENCE) on the date of July 6,2018 when he was just assigned this case on January 10,
2018 because according to Rule 140 FINAL PRETRIAL CONFERENCE PROCEDURE(a) the final
pre-trial conference shall be held before a judge with court participation throughout. The final pretrial
conference shall be held at least two (2) weeks prior to trial. (b) The final pretrial conference is
predicated upon discovery being completed and the parties being prepared to complete the procedural
steps recited herein. There has only been two (2) hearings in this case and one was by Chief Judge
A.J. Wachter who recused after a motion for change of judge with affidavit back on July of 2017
and received a private cease and desist order in November of 2017 and the other was Judge
Creitz who recused after a motion for change of judge was filed. I am waiting to file a motion to
vacate all orders in this case once I actually get a judge assigned who has subject-matter
jurisdiction without any conflicts of interest because so far all three (3) judges have had conflicts
of interest in this case including Judge Richard Smith because he was a co-defendant where I
was a plaintiff in case number 15CV79P Eric Muathe vs. Honarable Kurtis Loy et al and appeal
16-116284-A along with Panel A and Panel B of the Kansas Commission on Judicial
Qualifications. There has not been (ANY) (DISCOVERY) completed in case number 13CV32P
because we have never had a judge in this case who has been back for a second hearing because
they were disqualified after each hearing in this case.

This case needs to be (COMPLETELY VACATED AS A VOID JUDGMENT FOR LACK OF


SUBJECT-MATTER JURISDICTION ON THE COURT) because the court did not have my
motion to dismiss for lack of prosecution filed on 7/21/2017 ready to be heard on the status
conference on 9/22/2017 at 01:30p.m.

Under TIME STANDARDS (5) it states that in every,iudicial district fn the state, there s/Wuld be
established a bench-bar committee composed oUudges and lawyers to monitor the operation ofthe courts
in the district, to develop programs for improvement of court services, and to formulate and carry
on a continuing educational program to inform the citizens in the district about the functions and
operations ofthe courts and the basic liberties and freedoms guaranteed by our form of government.
Chief judge Oliver Lynch needs investigated on why the 11thjudicial district (DOES NOT
HAVE A BENCH-BAR COMMITTEE COMPOSED OF JUDGES AND LAWYERS)!! Please
investigate A.J. Wachter, Oliver Lynch, and Richard Smith to see why my motion to dismiss for
lack of prosecution was not on the court ROA on 8/27 /2017 and 9/6/2017 but was found on
1/23/2018 almost four (5) months after the first ROA was received on 8/27/2017.
It has also came to my attention that Chair of Panel A Brenda Cameron and Panel A member
Robert Fairchild have recused from my husband Kasey King's ethic complaints from
November/December 2015 and February 2016 with the Commission on Judicial Qual~fications on Judge
Richard M. Smith and Robert Fairchild recused from the complaints in 2015 and 2016 and he recently
recused from Kasey King's complaints on the April 16, 2018 meeting. The Commission on Judicial
Qualifications members Brenda Cameron and Robert Fairchild have also recused from his
father Michael King's ethic complaints on Judge Richard M. Smith from November/December of
2015 and February of 2016. I think that under Rule 2.7 Responsibility to Decide, Rule 2.11(A)
Disqualification, and Kansas Supreme Court Rule 602(g) that Chair Brenda Cameron should
issue a temporary commission in order for the commission of judicial qualifications to not
violate Supreme Court Rule 602(g) which says "If the commission anticipates difficulty in
dischargin~ its responsibilities due to the disqualification or unavailability of its members, the
Supreme Court, upon request of the chair or vice-chair of the commission, may appoint
temporary commission members to serve as specified. I think the fact that I was part of a civil
class-action lawsuit in case number 15CV79P in Crawford County and appeal 16-116284-A
against Panel A and Panel B would have been evidence of a need for a disqualification by all the
judges of Panel A and Panel B that were members in the year 2015 in accordance with Rule 2.7
Responsibility to Decide and Rule 2.11(A) Disqualification and grant a temporary commission
under Supreme Court Rule 602(g).

The following members of Panel A that were involved in the class action lawsuit of 15CV79P in
Crawford County along with Judge Richard M. Smith, Oliver Lynch, and A.J. Wachter are
Brenda Cameron, Robert Fairchild, Valdenia C. Winn, Mary Thrower, Norman R. Kelly, and
James Cooper. The following members of Panel B were involved in the class action lawsuit of
15CV79P along with Judge Richard M. Smith are Susan Lynn, Diane Sorensen, Allen
Glendenning, Larry Hendricks, and Nicholas St. Peter. I feel that all current members of the
Kansas Commission on Judicial Qualifications that were involved in the 2015 class action
lawsuit in 15CV79P in Crawford County and appeal 16-116284-A who were co-defendants with
Richard M. Smith, A.J. Wachter, and Oliver Lynch need to recuse from this complaint like
Brenda Cameron and Robert Fairchild have recused from my husband Kasey King's prior ethic
complaints in order to avoid violating Supreme Court Rule 602(g).

Thank you for your time reading this complaint and assigning a temporary commission in
accordance with Supreme Court Rule 602(g).

~l!Joc-
(M~~
303 S. Jefferson

Frontenac Ks 66763
Time: 08:40 AM ROAReport
Page 1 of 3 Case: 2013-CV-000032-P
Current Judge: Out of District Judge
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure

Date Judge

4/18/2013 Petition Filed AJ Wachter


Document ID Number: 199432
Affidavit for Service by Publication A J Wachter
Document ID Number: 199433
Request for Service and Instruction Form A J Wachter
Document ID Number: 199435
Summons Issued to Crawford County SO A J Wachter
Document ID Number: 199436
4/25/2013 Summons Served/Returned Personal Service on Julie Brunskill on April 22 A J Wachter
2013
Document ID Number: 200364
Summons Served/Returned Personal Service on Mary Doe On April 22 201: A J Wachter
Document ID Number: 200366
Summons Served/Returned Residental Service on John Doe on April 22 A J Wachter
2013
Document ID Number: 200368
5/712013 Email Sent Date: 05/07/2013 12:14 pm To: Imock@logs.com and A J Wachter
jcorbeU@logs.com File Attached:
SUMMONSSERVEDPERSONALSERVICEONJULIEBRUNSKILL.pdf
Name of Document: Summons Served Personal Service on Julie Brunskill
Email Sent Date: 05/07/2013 12:14 pm To: Imock@logs.com and A J Wachter
jcorbeU@logs.com File Attached:
SUMMONSSERVEDPERSONALSERVICEONMARYDOE.pdf Name of
Document: Summons Served Personal Service on Mary Doe
Email Sent Date: 05/07/2013 12:15 pm To: Imock@logs.com and A J Wachter
jcorbett@logs.com File Attached:
SUMMONSSERVEDRESIDENTALSERVICEONJOHNDOE.pdf Name of
Document: Summons Served Residental Service on John Doe
5/10/2013 Answer To Petition/Counterclaim A J Wachter
Document ID Number: 202053
5/13/2013 Affidavit of Publication Notice of Suit A J Wachter
Document ID Number: 202229
5/17/2013 Email Sent Date: 05/17/201308:43 am To: Imock@logs.com and A J Wachter
jcorbeU@logs.com File Attached: ANSWERTOPETITION.pdf Name of
Document: Answer To Petition
5/28/2013 Entry of Appearance for Plaintiff/Counterclaim Defendant Wells Fargo Bank A J Wachter
Document ID Number: 203834
Motion for Exetension of Time to Respond to Counterclaim A J Wachter
Document ID Number: 204127
5/30/2013 Order A J Wachter
Document ID Number: 204128
6/17/2013 Hearing Rescheduled (Motion 08/12/201303:30 PM) A J Wachter
Plaintiff/Counterclaim Defendants Consolidated (1) Motion to Dismiss A J Wachter
Counterclaim and (2) Memorandum in Support of Motion to Dismiss
Counterclaim
Document ID Number: 206182
Time: 08:40 AM ROAReport
Page 2 of 3 Case: 2013-CV-000032-P
Current Judge: Out of District Judge
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure

Date Judge

6/18/2013 Notice Of Hearing AJ Wachter


Document ID Number: 206283
7/10/2013 Hearing Rescheduled (Motion 09/23/2013 11:30 AM) Motion to Dismiss A J Wachter
Counterclaim
Filed By Fax: Amended Notice Of Hearing - September 23,2013 AT 11 :30 A J Wachter
am
Document JD Number: 208323
7/18/2013 Motion For Relief In The Form Of Quo Warranto A J Wachter
Document ID Number: 209272
7/24/2013 Motion for Request for Discovery and Case Management Conference A J Wachter
Document ID Number: 209926
Motion for Change of Judge A J Wachter
Document ID Number: 209929
9/9/2013 Motion for Writ in the Nature of Mandamus A J Wachter
Document JD Number: 214871
Notice Of Hearing on September 23 2013 at 11:30AM A J Wachter
Document ID Number: 214872
Motion for Default Judgment A J Wachter
Document ID Number: 214873
9/19/2013 Hearing Rescheduled (Motion 09/23/201304:00 PM) Motion to Dismiss A J Wachter
Counterclaim
Plaintiff Counterlaim Defendants Opposition to Defendants Motion for A J Wachter
Default Judgment
Document ID Number: 216103
Motion for Continuance or Time of Hearing Change for Good Cause Shown A J Wachter
Document ID Number: 216107
Amended Notice of Hearing A J Wachter
Document 10 Number: 216123
Amended Notice of Hearing A J Wachter
Document ID Number: 216125
9/24/2013 Notice per Rule 354 Shaun Higgins took notes of the Motion on Sept 23 A J Wachter
2013
Document ID Number: 216559
10/2/2,013 Letter to Honorable Wachter from Julie Stover A J Wachter
Document 10 Number: 217325
6/27/2017 MEMORANDUM ORDER ORD: Order Originated by Judge A J Wachter
7/11/2017 Attorney of Record Linda S Tarpley
Entry of Appearance INF: Entry of Appearance A J Wachter
7/14/2017 Notice of Withdrawal of Counsel NOT: Notice - No Sheriff Service A J Wachter
Required
7/17/2017 Motion for Change of Judge with Affidavit Pursuant to K.S.A. 60-311 d(b) A J Wachter
Chapter 60
Document ID Number: 368154
Time: 08:40 AM ROAReport
Page 3 of 3 Case: 2013-CV-000032-P
. Current Judge: Out of District Judge
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure

Date Judge

7/18/2017 Email SentDate:07/18/201708:12amTo:jadonnelli@bryancave.com AJ Wachter


File Attached: NOTICEOFWITHDRAWALOFCOUNSEL.pdf Name of
Document: Notice of Withdrawal of Counsel
Affidavit of Non-Military Service AFF: Affidavit (Generic) AJWachter ~
7/27/2017 Out-Of-District Assignment Order INF: Judge Signed Order Out of District Judge
8/912017 Response to Defendant's Motion to Dismiss for Lack of Prosecution Out of District Judge
PLE: Response - Answer
8/1412017 Hearing Scheduled (Status Conference 09/22/201701 :30 PM) Out of District Judge
8/23/2017 Notice of Hearing NOT: Notice - No Sheriff Service Required Out of District Judge

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Date: 9/6/2017 Crawford County District Court (Pittsburg) User L
Time 08:19 AM ROA Report
Page 3 of 3 Case: 2013-CV-000032-P
Current Judge: Out of District Judge
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure

Date Judge

7/18/2017 Email SentDate:07/18/201708:12amTo:jadonnelli@bryancave.com A J Wachter


File Attached: NOTICEOFWITHDRAWALOFCOUNSEL.pdf Name of
Document Notice of Withdrawal of Counsel
Affidavit of Non-Military Service AFF: Affidavit (Generic) A J Wachter
7/27/2017 Out-Of-District Assignment Order INF: Judge Signed Order Out of District Judge
8/912017 Response to Defendant's Motion to Dismiss for Lack of Prosecution Out of District Judge
PLE: Response - Answer
8/14/2017 Hearing Scheduled (Status Conference 09/22/201701:30 PM) Out of District Judge
8/23/2017 Notice of Hearing NOT: Notice - No Sheriff Service Required Out of District Judge

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Date: 1/23/2018 Crawford County District Court (Pittsburg) User: WENDYW
Time: 08:34 AM ROA Report
Page 1 of 3 Case: 2013-CV-000032-P
Current Judge: Richard M Smith
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure
Date Judge
4/18/2013 Petition Filed A J Wachter
Document 10 Number: 199432
Affidavit for Service by Publication A J Wachter
Document 10 Number: 199433
Request for Service and Instruction Form A J Wachter
Document 10 Number: 199435
Summons Issued to Crawford County SO A J Wachter
Document 10 Number: 199436
4/25/2013 Summons Served/Returned Personal Service on Julie Brunskill on April 22 A J Wachter
2013
Document 10 Number: 200364
Summons Served/Returned Personal Service on Mary Doe On April 22 201 A J Wachter
Document 10 Number: 200366
Summons Served/Returned Residental Service on John Doe on April 22 A J Wachter
2013
Document 10 Number: 200368
5/712013 Email Sent Date: 05/07/2013 12:14 pm To: Imock@logs.com and A J Wachter
jcorbett@logs.com File Attached:
SUMMONSSERVEDPERSONALSERVICEONJULIEBRUNSKfLL.pdf
Name of Document: Summons Served Personal Service on Julie Brunskill
Email Sent Date: 05/07/2013 12:14 pm To: Imock@logs.com and A J Wachter
jcorbett@logs.com File Attached:
SUMMONSSERVEDPERSONALSERVICEONMARYDOE.pdf Name of
Document: Summons Served Personal Service on Mary Doe
Email Sent Date: 05/07/2013 12:15 pm To: Imock@logs.com and A J Wachter
jcorbett@logs.com File Attached:
SUMMONSSERVEDRESIOENTALSERVICEONJOHNDOE.pdf Name of
Document: Summons Served Residental Service on John Doe
5/10/2013 Answer To PetitionlCounterclaim A J Wachter
Document 10 Number: 202053
5/13/2013 Affidavit of Publication Notice of Suit A J Wachter
Document 10 Number: 202229
5/17/2013 Email Sent Date: 05/17/201308:43 am To: Imock@logs.com and A J Wachter
jcorbett@logs.com File Attached: ANSWERTOPETITION.pdf Name of
Document: Answer To Petition
5/28/2013 Entry of Appearance for Plaintiff/Counterclaim Defendant Wells Fargo Bank A J Wachter
Document 10 Number: 203834
Motion for Exetension of Time to Respond to Counterclaim A J Wachter
Document fO Number: 204127
,/30/2013 Order A J Wachter
Document 10 Number: 204128
;/17/2013 Hearing Rescheduled (Motion 08/12/2013 03:30 PM) A J Wachter
PlaintifflCounterclaim Defendants Consolidated (1) Motion to Dismiss A J Wachter
Counterclaim and (2) Memorandum in Support of Motion to Dismiss
Counterclaim
Document 10 Number 206182
Date: 1/23/2018 Crawford County District Court (Pittsburg) User: WENDYW
Time: 08:34 AM ROA Report
Page 2 of 3 Case: 2013-CV-000032-P
Current Judge: Richard M Smith
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure

Date Judge

6/18/2013 Notice Of Hearing A J Wachter


Document 10 Number: 206283
7/10/2013 Hearing Rescheduled (Motion 09/23/2013 11:30 AM) Motion to Dismiss A J Wachter
Counterclaim
Filed By Fax: Amended Notice Of Hearing - September 23, 2013 AT 11:30 A J Wachter
am
Document 10 Number: 208323
7/18/2013 Motion For Relief In The Form Of Quo Warranto A J Wachter
Document to Number: 209272 .
7/24/2013 Motion for Request for Discovery and Case Management Conference A J Wachter
Document 10 Number: 209926
Motion for Change of Judge A J Wachter
Document 10 Number: 209929
9/912013 Motion for Writ in the Nature of Mandamus A J Wachter
Document 10 Number: 214871
Notice Of Hearing on September 232013 at 11:30AM A J Wachter
Document to Number: 214872
Motion for Default Judgment A J Wachter
Document 10 Number: 214873
:)/19/2013 Hearing Rescheduled (Motion 09/23/2013 04:00 PM) Motion to Dismiss A J Wachter
Counterclaim
Plaintiff Counterlaim Defendants Opposition to Defendants Motion for A J Wachter
Default Judgment
Document ID Number: 216103
Motion for Continuance or Time of Hearing Change for Good Cause Shown A J Wachter
Document ID Number: 216107
Amended Notice of Hearing A J Wachter
Document 10 Number: 216123
Amended Notice of Hearing A J Wachter
Document ID Number: 216125
12412013 Notice per Rule 354 Shaun Higgins took notes of the Motion on Sept 23 AJ Wachter
2013
Document ID Number: 216559
0/2/2013 Letter to Honorable Wachter from Julie Stover A J Wachter
Document ID Number: 217325
'27/2017 MEMORANDUM ORDER ORD: Order Originated by Judge A J Wachter

'11/2017 Attorney of Record Linda S Tarpley


Entry of Appearance INF: Entry of Appearance A J Wachter

'14/2017 Notice of Withdrawal of Counsel NOT: Notice - No Sheriff Service A J Wachter


Required
1712017 Motion for Change of Judge with Affidavit Pursuant to K,SA 60-311 d(b) A J Wachter
Chapter 60
Document ID Number: 368154
Date: 1/23/2018 Crawford County District Court (Pittsburg) User: WENDYW
Time: 08:34 AM ROA Report
Page 3 of 3 Case: 2013-CV-000032-P
Current Judge: Richard M Smith
Wells Fargo Bank Na vs. Julie S Brunskill

Mortgage Foreclosure

Date Judge

7/18/2017 Email SentDate:07/18/201708:12amTo:jadonnelli@bryancave.com A J Wachter


File Attached: NOTICEOFWITHDRAWALOFCOUNSEL.pdf Name of
Document: Notice of Withdrawal of Counsel
Affidavit of Non-Military Service AFF: Affidavit (Generic) A J Wachter
f 7/21/2017 Motion to Dismiss for Lack of Prosecution
Document 10 Number: 368872
Out of District Judge if
7/27/2017 Out-Of-District Assignment Order INF: Judge Signed Order Out of District Judge
8/912017 Response to Defendant's Motion to Dismiss for Lack of Prosecution Out of District Judge
PLE: Response - Answer
8/14/2017 Hearing Scheduled (Status Conference 09/22/201701 :30 PM) Out of District Judge
8/23/2017 Notice of Hearing NOT: Notice - No Sheriff Service Required Out of District Judge
8/30/2017 Letter From Julie King Out of District Judge
Document 10 Number: 379911
9/612017 Motion For Continuance Out of District Judge
Document 10 Number: 376412
9/12/2017 Minutes Entry Hearing type: Judge Minutes Hearing date: 9/12/2017 Time: Out of District Judge
2:00 pm
Document sealed
~/14/2017 Hearing Rescheduled (Status Conference 09/25/201704:00 PM) Out of District Judge
3/15/2017 Notice of Hearing NOT: Notice - No Sheriff Service Required Out of District Judge
3/17/2017 Response to Plaintiff's Response to Defendant's Motion to Dismiss for Lack Out of District Judge
of Prosecution Document Number: 376799
3/25/2017 Hearing result for Status Conference held on 09/25/2017 04:00 PM: Out of District Judge
Hearing Held
Hearing Scheduled (Motion 01/17/201701:30 PM) Out of District Judge
10/12/2017 Letter to Julie King Out of District Judge
Document 10 Number: 381396
Document sealed
0/24/2017 Letter From Julie King Daniel Creitz
Document 10 Number: 381444
1/6/2017 Letter to Julie King Daniel Creitz
Document 10 Number: 382821
2/21/2017 Motion for Change of Judge Daniel Creitz
Document 10 Number: 389830
Objection of Assignment of Judge Daniel Creitz and in the alternative this is Daniel Creitz
a motion to disqualify Judge Daniel Creitz
Document 10 Number: 389834
110/2018 Assignment NO.9 Copy mailed to Defendant Richard M Smith
Document ID Number: 391050
112/2018 Hearing Rescheduled (Check Status 01/30/2018 05:00 PM) Out of District Judge
Letter to Counsel and Defendant INF: Correspondence Richard M Smith
(e) Any party challenging a support order of the court or facts contained in the
Domestic Relations Affidavit shall file a similar affidavit at the time of filing the party's
response, answer, or motion for modification.

(f) A party filing a motion to modify an existing order of support shall serve a copy
of the Domestic Relations Affidavit along with the motion on the adverse party. Any
person challenging a motion to modify an existing support order or the facts contained in
the movant's affidavit shall file and serve a similar affidavit prior to the hearing on the
motion to modify.

(9) Where child support is required, a Child Support Worksheet shall accompany
the Domestic Relations Affidavit.

Rule 140
FINAL PRETRIAL CONFERENCE PROCEDURE

(a) The final pretrial conference contemplated by K.S.A. 60-216 shall be held before
a judge with court participation throughout. The final pretrial conference shall be held at
least two (2) weeks prior to trial.

(b) The final pretrial conference is predicated upon discovery being completed and
the parties being prepared to complete the procedural steps recited herein. If additional
witnesses or evidence is discovered after the final pretrial conference, the discovering
party shall immediately make this known to all parties and the court in writing.

(c) Parties may be present at the final pretrial conference and shall be present
when ordered by the court.

(d) The final pretrial conference will be conducted by an attorney who will participate
in the trial of the case.

(e) The court shall prepare the pretrial order or designate counsel to do so.

(f) Should counsel object to the pretrial order, he counsel shall state his or her
objections in writing and forward tHsthe objections and the pretrial order to the court within
ten (10) days.

(g) The final pretrial conference will be conducted substantially in conformity with
the following procedural steps:

(1) Plaintiff will state concisely his factual contentions and the theory of
his action.

(2) Defendant will state concisely his factual contentions and the theories
of his defenses and claims for relief.

(3) The court will rule upon any proposed amendments.

39
I
No. 16-116284-A

!

I
,
IN THE COURT OF APPEALS OF THE STATE OF KANSAS
1

-
i
I
ERIC M. MUATHE, ET AL,
Appellants- Plaintiffs
~

I vs.

f
HONORABLE KURTIS LOY, ET AL,
Appellees-Defendants

BRIEF OF APPELLANT

Appeal From the District Court of Crawford County .


Honorable Jack L. Burr, Senior Judge,
District Court Case No. 15CV79P

Eric Muathe, James Beckley [r., Kasey King,


P.O. Box 224, P.O. Box 224, P.O. Box 224,
Pittsburg; Kansas, 66762 Pittsburg. Kansas, 66762 Pittsburg, Kansas, 66762
Phone: (913)980 7286 Phone: (620) 249 2880 Phone: (620) 875 6494

Travis Carlton,
P.O. Box 224,
Pittsburg, Kansas,
66762
Phone: (620) 875 4207

Appellants - Pro Se

OAAL ARGUMENT REQUESTED


D _SPOSITION
COMPLAINTS
Of DocKETED C ():\nDE~TIAUTY

1he panel assigned a complaint


After investigation of docketed conducts investigations, often contacting the
complaints. the panel may choose a course or judge inv olvcd as well U5 witnesses. The
action short of filing formal proceedings. Commission and its staff are bound by a rule
of confidentiality unless public disclosure is
A complaint may be dismissed after permitted by the Rules Relating to Judicial
investigation. On docketing. there appeared Conduc\. or by order of the Supreme Court.
hl be some merit to the complaint, but after See Rule 607(a). One exception to the
further investigation the complaint is found confidentiality rule exists if the panel gives
to be without merit. written notice to the judge, prior to the
judge's acceptance of a cease and desist
A Jetter or
informal advice may be order. that the order will be made public.
issued if the investigation did not disclose an Ru\e ()1Ha).
ethical violation but future direction would
he beneficial to the judge. A letter of caution Other narrowly delineated exceptions
may be issued if the investigation disclosed to the rule of confidentiality exist. Rule
an ethical violation which was too minor to 607(d)(3) provides a specific exception to the
warrant further proceedings. rule of confidentiality with regard to any
information which the Commission or a
A . cease and desist order may be panel considers relevant to current or future
issued when the panel finds factually criminal prosecutions or ouster proceeding-
undisputed violations of the Code which against a judge. Rule 607 further permits a
represent a continuing course of conduct. waiver of confidentiality. in the
The judge must agree to complyby accepting Commission's or panel's discretion,
to the
the order, or formal proceedings will be Disciplinary Administrator. the
Judges
instituted. Assistance Committee, the Supreme Co urt
Nominating Commission, the District
Examples of conduct resulting in Judicial Nominating Commissions, and the
cease and desist orders include: activity on Governor with regard to nominees for
\¥ behalf of a political candi~ate '" :o~~g f judicial appointments.
'1t" 'tohandle matters m.acasem wbiclf'$e'j't!'8ge
has recused. The ntle of ronfidentiality does not
apply to the complainant-or to the respondent.
upon disposition of any docketed see Rule 607(c).
complaint. the judge and the complainant are
notified of the panel's action. Other
interested persons may be notified within the
panel's discretion.

J U~je W4G~te~ (eS},I1f'e.\


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Date: 4/6/2018 Crawford County District Court (Pittsburg)
Time: 11:36 AM ROA Report
Page 3 of 4 Case: 2017-CR-000287-P Current Judge: Kurtis I Loy
Defendant: Scholes, Muriece William
State of Kansas vs. Muriece William Scholes

Felony

Date Judge

10/17/2017 Preliminary Hearing JE ORO: Order (Generic) A J Wachter


10/27/2017 Transcript of Preliminary Scholes 100417 DIS: Transcript A J Wachter
endorsement INF: Information (Generic) A J Wachter
11/21/2017 state's jury instructions INF: Jury Instructions - Proposed A J Wachter
12/13/2017 Hearing Rescheduled (Jury Trial-12 05/14/201809:00 AM) A J Wachter
Hearing Rescheduled (Pretrial Conference 04/06/2018 01 :30 PM) A J Wachter
motions due 14 days prior to pretrial
Judge: Retired Kurtis I Lay
Commitment to the County Jail Kurtis I Lay
Document 10 Number: 387841
Fax Confirmation To the jail of the NOH Kurtis I Lay
Document ID Number: 387843
Fax Confirmation To jail on the NOH of jury trial Kurtis I Lay
Document JD Number: 387852
notice of hearing NOT: Notice - No Sheriff Service Required Kurtis I Loy
notice of hearing NOT: Notice - No Sheriff Service Required Kurtis I Lay
Jury Notice NOT: Notice - No Sheriff Service Required Kurtis I Lay
12/14/2017 Notice per Rule 354:12-13-17/PTC and jury trial continuedljv Kurtis I Lay
12/16/2017 Minutes Entry Hearing type: PTC and Continuance of Trial Hearing date: Kurtis I Loy
12/1612017 Time: 11:35am
12/21/2017 Motion for bond reduction filed by the def. and to release atty JoAnna Kurtis I Loy
Derfelt as attorney
Document 10 Number: 389073
2123/2018 Application for court appt attorney Kurtis I Lay
Document 10 Number: 397560
3/612018 Hearing Rescheduled (Pretrial Conference 04/24/2018 10:00 AM) A J Wachter
motions due 14 days prior to pretrial
Motion for Specific Discovery MOT: Motion (Generic) Kurtis I Lay
Commitment to the County Jail Kurtis I Loy
Document 10 Number: 399126
MOTION FOR DEFENDANT TO APPEAR IN PLAIN CLOTHES MOT: Kurtis I Lay
Motion (Generic)
MOTION TO APPOINT CO-COUNSEL MOT: Motion (Generic) Kurtis I Lay
3/7/2018 Notice of Hearing NOT: Notice - No Sheriff Service Required Kurtis I Lay
3/9/2018 Notice per Rule 354: 03/06/18-status/SH Kurtis I Lay
3/16/2018 motion for material witness bond MOT: Motion (Generic) Kurtis Iloy
3/20/2018 Hearing Scheduled (Motion 03/21/2018 03:00 PM) Kurtis I Lay
notice of hearing NOT: Notice - No Sheriff Service Required Kurtis J Lay
3/21/2018 subpoena ashbaugh ORO: Subpoena - Clerk Signed Kurtis J Loy