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The Commission only has authority to investigate allegations of judicial misconduct or disability by
persons holding state judicial positions .. The Commission has 119jurisgictiollover all? 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 app~llate court and cannot review, reverse, or modify a legal
decision made by a judge ina court proceeding. Please review the accompanying _brochure which
describes the functions of the Commission. Note inparticular 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
Mail or scanned
and submitted by e-mail.
u.s.
I.
913-980-7286
Telephone
Nu,?ber
muathedotcom@gmail.com
U.S. Mail
V" E-Mail
E-mail address
II.
Full Name
Type of JUdge(ehcckone):
County or City
__
tI
__
__
District
__
District Magistrate
Pro Tempore
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Other
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Municipal
_
Page /1
IV.
Other
Case Number:
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DefendantIRespondent
-----------------------------------
STATEMENT 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.
Kindly see attached documents ...
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 identify 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. *
The Commission may fmd 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.
June 8,2015
Date
Signature
Page
I3
06/17/2015
Memorial Hall
120 SW 10th AVE.,2nd Floor
Topeka, Ks 66612
Dear D. Depew,
RE: Ouster Complaint and Bond Complaint under 5.4 Uniform Bonding Code
that was not mentioned
Please reconsider the June 10, 2015 letter that was sent from your office to Mr. Eric Muathe
and Mr. Noah Day and the Summary Judgment Group. The Summary Judgment Group
recently had a grand jury petition that was going around to oust all 11th judicial district
judges due to conflicts ofinterest between them and local 11th judicial district attorneys.
During the petition drive to try to get the signatures a radio ad was ran on 100.7 ESPN of
My Town Media which is owned by attorney Bill Wachter, Judge Andrew J.Wachter's
brother. After just 2 days of running the advertisement on the air Judge Lori Fleming took
it upon herself to use her power inappropriately as a judge and to usurp/intrude into a
private business contract between Summary Judgment Group and My Town Media and
have our ad breached on 2/19.2015 at 1:43 P.M. from her own judicial office with an email
of <lfleming @l1thjd.org> where she "WILLFULLY ENGAGEDIN MISCONDUCT WHILE
IN OFFICE, AND SHE IS COMMITTED AN ACT THAT CONSTITUTES A VIOLATION OF A
PENAL STUATUTE INVOLVING MORAL TURPITUDE'" just like you said in your letter
dated June 10, 2015 " which is set out in KS.A. 60-1205 where a public official must
engage in one of the following acts to forfeit his/her office and be ousted".
Please reconsider the Ouster Complaint that was dismissed since I have now included the
email from Lori Bolton's Judicial Office which shows her engaging in 1. Willfull
misconduct while in office and 4. She violated a penal statute by committing an act
which involved moral turpitude by usurping into a private contract and calling us
demeaning names like "posse comeat". I appreciate you taking the time to explain what
an ouster complaint needs to be investigated and I am looking forward to Lori Fleming
being investigated for moral turpitude and willful misconduct I would also like for you to
clarify on the "BONDTERMINATION OF LORI FLEMING"which your office failed to
mention anything about. Does your office hold the Insurance Bond on the judges in the
State of Kansas or does the Kansas State Insurance Commissioner? Can the Kansas State
Insurance Commissioner oust a judge itself by simply refusing to give a judge any insurance
and making him unable to work because the judge would be unbondable under Rule 5.4 of
The Uniform Bonding Code? I was under the impression that there was no more public law
and it was just public policy which is insurance and I just assumed that The Kansas State
Insurance Commissioner could basically oust a judge themselves and was just curious if I
was correct in my assumption or not Thank you for your time and I would really
appreciate you looking into this matter since I have included proof and evidence of moral
turpitude and willful misconduct while not only in office but "USURPINGINTO PRIVATE
CONTRACTS"which is a constitutional violation of Article 1 Section 10 "unlimited
right to contract" and not performing ministerial and judicial task while clocked in
on 2/19/2015 at 1:43 P.M.and talking inappropriately to the 11thdistrict Cbief Judge
A.f.Wachter's brother attorney Bill Wachter who should be investigated as well for
moral turpitude and willful misconduct.
Lori Fleming and Kurtis Loy received an informal letter for "supposedly" not knowing
about illegally running a phone book ad as an attorney on February 23, 2015 that I have
included with this complaint. It shows Lori Fleming and Kurtis Loy both retaliated against
me/us from previous complaints which violates Rule 2.16 Cooperation with Disciplinary
Authorities(B) which says "Ajudge shall not retaliate, directly or indirectly, against a
person known or suspected to have assisted or cooperated with an investigation of a judge
or a lawyer. There should be some kind of "FORMALPROCEEDING"if the Kansas
Commission on Judicial Qualifications plans to show any kind of consistency from previous
complaints because an email from a judicial computer at the 11th district on company time
to breach a private contract is way worse than "NAMESAND NUMBERS"running the ad for
Lori Fleming and Kurtis Loy as attorneys and they both "SUPPOSEDLY"knew nothing about
it!! Well Lori Fleming and Kurtis Loy did know about this email because Lori Fleming sent
it and Judge Kurt Loy collaborated just like he did in my previous cases with ex law partner,
attorney Mark Werner. What I also find to be either willful misconduct is the fact that Lori
Fleming faxes warrants from her own private fax number which she also uses for Lady of
Lourdes Church to conduct her judicial business on but she uses the computer from the
11 th judicial district with her addressed as Honorable Lori Fleming to usurp/intrude and
breach a private radio advertisement and willfully slandered me and The Summary
Judgment Group by calling us "Posse Comeat" which is a spelling error for Posse Comitatus
The detlnition of Posse Comitatus says it is also the name taken by a right wing, antitax extremist group founded in 1969 by Henry L. Beach a retired dry cleaner and one
time member of the silver shirt, nazi inspired organization that was established in
the United States after Adolph Hitler came to power in Germany. The group
operated on the belief that: the true intent of the founders of The United States was to
establish a Christian Republic where the individual was sovereign.
Please investigate this matter and check the computers of all three 11th district judges to
see just how many other demeaning and dirty nicknames they have called me because I
filed a "Motion for Quo Warranto" against them. There are other pictures from the 11th
judicial district computers which shows they have slandered me and talked ex-parte to
local area attorneys. Please investigate this matter as I intend to produce these emails at a
later date to see if you actually do your job like I did previously form my complaints back in
November and December of 2014 on Crestwood and Lady of Lourdes Conflicts of Interest
which everyone acted like I was crazy and then 'WE SEE THE EMAILFROM LORI FLEMING
TO ATTORNEYBILLWACHTER"just like I was saying the whole time!! Good ole boy
network, Go Colgan and Go Crestwood enjoy hogging 95% of the areas money while the
rest of us enjoy being the poorest county yet were the biggest town in the SEK!!!!!!!
Please investigate this matter and take the computer( s) from the 11th judicial district this
email came from or where this and other communications were sent to could have been
sentto!!!!
Sincerely yours,
-b'LcmUa
Eric Muathe
~ CCKansas Commission on judicial Qualifications
~ State Insurance Commissioner
~ Office of Disciplinary Administrator
/0 f.1 IS
---------------------
~tate of j!an~a~
MEMBERS
OF
PAl'rnLA
CHAIR:
William B. Swearer
Lawyer Member
Eric M. Muathe
muathedotcom@gmail.com
VICE-CHAIR:
Ckistina M. Pannbac'ker
Re:
Lay Member
Nancy S. Anstaett
Lawyer Metnber
J. Patrick
Bratil
Judge Member
Brenda Cameron
Judge Member
The Commission met February 13, 2015, at which time the above-captioned
complaint was considered.
It was the decision of the Commission, regarding both Judge FJeming and
Judge Loy, to find no violation but to offer informal advice to both judges to take
affirmative action to rectify the appearance that they have an active law practice.
Mary Thrower
Judge Member
Thank you for bringing your concerns to the attention ofthe Commission.
Valdenia C. Winn
Sincerely,
LayM~mber
SECRETARY:
Heather L Stnith
William B. Swearer,
Chair .
mm
STATE
OFFICE
DEREK
AnORNEY
OF KANSAS
OF THE ATTORNEY
GENERAL.
MEMORIAL
SCHMIDT
HALL
GENERAL
TOPEKA,
June 10,2015
(785) 296-2215
KS 666121597
FAX (785) 2966296
WWW.AG.YS.GOV
because he has been inefficient or acted with bad judgment. State v. Wilson, 108 Kan.
641 (1921). Not every oversight or omission within the strict letter of the law will entail
forfeiture of office. Ouster is to prevent persons from continuing to hold office whose
inattention to duty, either because of its habitualness or its gravity, endangers the public
* 1 (Kan.
The ouster statute requires "willfulness;" "the acts complained of must be willfully and
intentionally done." State ex rei. Stovall v. Meneley, 2000 WL 34001576 at * 28 (Kan. Dist. Ct.,
Feb. 24, 2000) (citing State ex rei. v. Scates, 43 Kan. 330, 23 P. 479 (1890); State ex reI. v.
Trinkle. 70 Kan. 396, 78 P. 854 (1904); State ex rei. v. Foley, 107 Kan. 608,193 P. 361 (1920);
State ex rel. v. Wilson, 108 Kan. 641,196 P. 758 (1921); State ex rel. v. Duncan, 134 Kan. 85,4
P.2d 443 (1931. Although the ouster statutes do not contain a definition of willfulness, the term
has been defined to mean an act "performed with a designed purpose or intent on the part of a
person to do wrong or to cause an injury to another." PIK Civ. 3d 103.04. The intention of
the officer is key. S. Gard and R. Casad, Kansas Code of Civil Procedure Annotated 3d 601205 (1997) (citing State ex rel. Hopkins v, Foley, 107 Kan. 608, 193 P. 361 (1920.
Based upon the standard set forth above, we believe that the allegations raised by the
Ouster Complaint are of the type that does not rise to the level required for this office to move
forward with an Ouster Proceeding against the District Judges of the 11 th Judicial District. We
believe that the allegations contained in the Ouster Complaint are allegations that are more
appropriately made to the Commission on Judicial Qualifications for investigation and any action
that is determined to be necessary by that body.
In conclusion, after our investigation of the Ouster Complaint submitted by your group,
this office declines to file an Ouster Proceeding against the District Judges of the
Judicial
District.
u"
Sincerely,
OFFICE OF ATTORNEY
DEREK SCHMIDT
GENERAL
~)J~
Dennis D. Depew
Deputy Attorney General, Civil Litigation
DDD/drw