kansas

KANSAS JUDICIAL CENTER

~ommission

TH

301 SW 10 AVE., ROOM 374

TOPEKA, KANSAS 66612
785-296-29l3
judicialqual@kscourts.org

on 31ubitiaI <!auaIifications

COMPLAINT AGAINST A JUDGE.

The Commission only has authority to investigate allegations of judicial misconduct or disability by
persons holding state judicial positions ... The Commission has no jurisdiction over and does not
consider complaints against federal judges, lawyers, law enforcement and detention center officers,
district court clerks, and court personnel.
The Commission does not act as an appellate court and cannot review, reverse, or modify a legal
decision made by a judge in a court proceeding. Please review the accompanying brochure which
describes the functions of the Commission. Note in particular the examples of functions which the
Commission cannot perform.

Please Note:

Complaint form must be typed or legibly hand-printed, dated, and signed before it
will be considered. Complaint forms may be submitted by U.S. Mail or scanned
and submitted bye-mail.

I. PERSON MAKING THE COMPLAINT

Eric M. Muathe
Full Name

Inmate Number, if applicable

1410 Bitner Terrace

Mailing Address

Pittsburg,}(ansas,66762

(913)980-7286

City, State Zip Code

Telephone Number

muathedotcom@gmail.com

Preferred Method of Communication:

U.S. Mail

fI' E-Mail

E-mail address

II. JUDGE AGAINST WHOM COMPLAINT IS MADE

A. J. Wachter
Full Name

Type of Judge(checkone):

County or City

__

Supreme Court Justice

__

Court of Appeals Judge

District

__

District Magistrate

__

Pro Tempore

__

Other

__

Municipal

Chief Judge

-------------------------

Page

11

III.

COURT CASE INFORMATION

If the complaint involves a court case, please provide:

-Case Title:

--------------------------------

.Your Relationship to the Case:

Plaintiff/Petitioner

t/

IV.

STATEMENT

Other

Case Number:
__

DefendantlRespondent

------------------------------------

OF FACTS

In the following section, please provide all specific facts and circumstances which you believe
constitute judicial misconduct or disability. Include names, dates and places which may assist
the Commission in its evaluation and investigation of this complaint.
See attached documents ...

If additional space is required, attach and number additional pages.

Page

I2

v. ATTACHMENTS
Relevant documents: Please attach any relevant documents which you believe directly support
your claim that the judge has engaged in judicial misconduct or has a disability. Highlight or
otherwise identity those sections that you rely on to support your claim. Do not include
documents which do not directly support your complaint, for example, a copy of your complete
court case.
*Keep a copy of all documents submitted for your records as they become the property of the
Commission and will not be returned. *

In filing this complaint, I understand that:

~

The Commission's rules provide that all proceedings of the Commission,

including complaints filed with the Commission, shall be kept confidential
unless formal proceedings are filed. The confidentiality rule does not apply to
the complainant or the judge against whom a complaint is filed.

The Commission may find it necessary to disclose my identity and the existence
of this complaint to the involved judge. By filing this complaint, I expressly
consent to any such disclosure.

VI. SIGNATURE
I declare that to the best of my knowledge and belief, the above information is true, correct and
complete and submitted of my own free will.

01/28/2015

Date

Signature

Page

I3

This complaint is against Judge A.J. Wachter for failing to properly follow Rule No 2.
Reassignment of Cases(6)(d) of the Rules of The 11th Judicial District and failing to properly keep
court documents and records in tact in a timely manner for failing to notify clerk of the court
Pam Hicks to keep records in line according to K.S.A. 60-2601.abd, K.S.A. 60-2601a., and Rule
2.12(A)(B) Supervisory Duties of RULESRELATINGTO JUDICIAL CONDUCT.

I have 100's of

screen shoots of court dockets from Cherokee County, Labette County, and Crawford County
showing cases are not being updated by clerk of the courts. There are numerous cases where
Daniel and David Brewster are actually still listed as a judge and that is over 10 years ago since
they both retired.

There are numerous cases of Judge John Gariglietti still listed as the current

judge. There are numerous cases where a judge has recused and is back in the same case. I am
tired of sending in my evidence and then the investigators do not do anything anyway so that is
why I have decided to make a complaint and then send in evidence later to see if the man you
all call"HONORABLE" lies during the investigation and violates Rule 2.16(A)(B) Cooperation
with Disciplinary Authorities

of RULESRELATINGTO JUDICIAL CONDUCT.

It has already been proven in public case number 2014CV7P where the Judicial Committee
sends the complainer a different letter than the one that they send the judge that has been
complained on. It made it seem like to Travis Carlton and any citizen in the public that his
complaint was dismissed, had no evidence, and was frivolous.

However thanks to Chief Judge

AJ. Wachter filing what was meant for the judges information

only into a public case, the public

can actually see what really is said behind close doors to the judges.
It seems that a grand jury can be petitioned
them.

by the people with only 2% of the county behind

Maybe a petition is needed to force liTHE COMMISSION ON JUDICIAL QUALIFICATIONS"

and liTHE OFFICEOF DISCIPLINARYADMINISTRATOR" to actually do their job or have the

attorney general investigate why disciplinary authorities

are refusing to investigate or are lying

to the complainer and sending out 1 copy to them and yet another to the judge.
THE COMPLAINER SHOULD HAVE A RIGHT TO SEEWHAT THE JUDGE WRITES BACK IN RESPONSE
TO OUR COMPLAINT SINCETHE JUDGE OR ATTORNEYGETSTO SEEWHAT WE WRITE IN OURS.
It is not fair for us to not be able to see how a judge responds to a complaint and if he lies again
and fails to follow Rule 2.16(A}.
It seems according to the complaint I made against honorable Kurt Loy in the

u" judicial

district with Stanton Hazlett that Honorable A.J. Wachter is not informing other judges in the

n" judicial

district of reassignment of cases in a timely manner. The case of Sagehorn in case

number 2014LM409P shows that it was filed on 9-25-14 and dissolved in 10-17-14. The docket
still shows only 1 judge and that has been over two months ago. If chief judge Wachter signed
the order in that case then why isn't the docket and court computers up to date showing that
Chief Judge Wachter is the judge in case number 2014LM409P.

Honorable Loy and Honorable

Wachter are violating "RULES OF THE ELEVENTHJUDICIAL DISTRICTSTATEOF KANSAS" Rule No.
2 Assignment of Cases(6) Reassignment which says "When any judge has occasion to ask that a
case or cases be reassigned"!!!
Chief Judge A.J. Wachter is in violation of "RULES OF THE ELEVENTHJUDICIAL DISTRICTSTATE
OF KANSAS" Rule No.2 Assignment of Cases (6)(d) Reassignment which says reassignment shall
be by "THE CHIEFJUDGE". How can the public have any idea what is going on in court cases
when the court is taking over seventy (70) days to properly update case number.
I have included a copy of the docket from case number 2014LM409P and a picture showing that
their has only been 1 judge assigned to this case yet the order was signed by Chief Judge
Wachter.
I have included the response from Stanton Hazlett dated December 31, 2014 showing that
where he states "I am confident that Judge Loy will recuse himself from that case once he
learns it has been assigned to him". What???? The computers show the case was assigned on
9-25-14 and terminated

10-17-14. Does it take over (2) months for a judge to know if he has a

case or not?? Should it take over (2) months for the computers to properly update their
records????
Please investigate this matter so that the people of the 11thjudicial district can actually go to
the clerk of the court's office and actually get a copy of the docket and find out what's going on.
Sincerely,

8hLN\M~
Eric Muathe
NAACP
ACLU
GOVERNOR

STATE OF KANSAS
701 Jackson St.

STANTON A. HAZLETT
Disciplinary Administrator
ALEXANDER M. WALCZAK
KIMBERLY L. KNOLL
KATE F. BAIRD
DEBORAH L. HUGHES
Deputy Disciplinary Administrators

r Floor

Topeka, Kansas 66603-3729

Telephone: (785) 296-2486
Fax: (785) 296-6049
GAYLE B. LARKIN

OFFICE OF
THE DISCIPLINARY

Admissions Attorney

ADMINISTRATOR

December 31, 2014

Mr. Eric Muathe
1410 Bitner Terrace
Pittsburg, Kansas 66762
Dear Mr. Muathe:
I have received and reviewed your letters to me dated December 15, 16 and 19,
2014. You advised me in your December is" letter that you have filed a
complaint against Judge Loy with the Commission on Judicial Qualifications.
That commission will decide the validity of any complaint you have made against
Judge Loy. In your December rs" letter you question whether I have a conflict of
interest because Judge Loy holds a position as trustee with the Kansas Bar
Foundation. The Disciplinary Administrator's Office is in no way connected to the
Kansas Bar Association or Kansas Bar Foundation. Also, in the December
letter, you ask me to explain why Mr. Tomassi and Mr. Werner did not violate.
KRPC 1.7(b) and 4.4. I explained that to you in my December 11,2014, letter ..

is"

In your December 16th letter you complain that Kurtis Loy appeared in frontof
Judge Gariqlietti (juring a time when they would occasionally play golf together.
Further, you complain about the fact that the wives of these two individuals work
together as realtors in the same company. There is no merit to this complaint. In
fact, the allegations you have made are frivolous.
J

In yourDecember 19th letter you speculate about various financial relationships

that involve Judge Loy. For instance, you speculate that there is an ongoing
financial relationship between Judge Lay and Burton Harding. You have
provided no evidence of any financial relationship between those two men, but
allege that it would be inappropriate for Mr. Harding to appear in front of Judge
Loy. I do not intend to investigate allegations made by you based on a hunch
that you may have. Finally, you allege that Judge Loy has a case assigned to
----f3'Y him in which Kip Sagehorn represents one of the litigants. I am confident that
Judge Loy will recuse himself from that case once he learns it has been assigned

<l:

to him.

I decline to investigate your latest allegations against various lawyers. I find no

merit to your complaints and have concluded that they are frivolous,
Sincerely,

s~~\C\~~~~
Disciplinary Administrator
SAH:JB