Argument and Authoidty: Carlton V KS Dept of Revenue: Petition For Judicial Review of Driver's

Cases involving Travis Carlton:
15CV4G, Carlton v. KS Dept of Revenue: Petition for judicial review of driver's

license suspension. Motions for change of judge filed on 5-26-15, 6-19-15, 9-1015. Carlton also filed Motion for Writ in Nature of Mandamus. To date, motions
for change of judge denied, and case is pending.
14CV7P, Carlton v. Toby Miller et al: Carlton sued over lost profits from Vapor
Stop business. Carlton has filed multiple pleadings that were held to be "a nullity,
and inappropriate as they contained vile, abusive and threatening statements."
Pleadings stricken from record and public file.
114448, Carlton v. Wachter, et al., This is an original mandamus action Carlton
filed before the Kansas Supreme Court seeking to prevent Judge Wachter from
presiding over 15CV45. The case is pending, with no order for response yet.
ARGUMENT AND AUTHOIDTY

K.S.A. 60-211 provides, in relevant part:
(b) Representations to the court. By presenting to the court a pleading, written
motion or other paper, whether by signing, filing, submitting or later advocating
it, an attorney or unrepresented party certifies that to the best of the person's
knowledge, information and belief formed after an inquiry reasonable under the
circumstances:
(1) It is not being presented for any improper purpose, such as to
harass, cause unnecessary delay or needlessly increase the cost of
litigation;
(2) the claims, defenses and other legal contentions are warranted
by existing law or by a nonfrivolous argument for extending,
modifying or reversing existing law or for establishing new law;
(3) the factual contentions have evidentiary support or, if
specifically so identified, will likely have evidentiary support after
a reasonable opportunity for further investigation or discovery; and
(4) the denials of factual contentions are warranted on the
evidence or, if specifically so identified, are reasonably based on
belief or a lack of information.
(c) Sanctions. If, after notice and a reasonable opportunity to respond, the court
determines that subsection (b) has been violated, the court may impose an
appropriate sanction on any attorney, law firm or party that violated the statute or
is responsible for a violation committed by its partner, associate or employee. The
sanction may include an order to pay to the other party or parties that reasonable
expenses, including attorney's fees, incurred because of the filing of the pleading,
motion or other paper. A motion for sanctions under this section may be served
and filed at any time during pendency of the action, but must be filed not later
than 14 days after the entry of judgment.
The purpose of Rule 60-211 is to deter repetition of conduct. Wood v. Groh, 269 Kan.
420,430, 7 P.3d 1163 (2000). Courts should take the following factors into consideration when
determining whether to sanction a party and what kind of sanction to impose:
(1) whether the improper conduct was willful or negligent;
(2) whether it was part of a pattern of activity or an isolated event;
(3) whether it infected the entire pleading or only one particular count or defense;
(4) whether the person has engaged in similar conduct in other litigation;
(5) whether it was intended to injure;
(6) what effect it had on the litigation process in time or expense;
(7) whether the responsible person is trained in the law;
(8) what amount, given the financial resources of the responsible person, is
needed to deter that person from repetition in the same case; and
(9) what amount is needed to deter similar activityby other litigants.
ld. at 431. "The district court has the discretion to determine what type of sanctions are
appropriate in a given case." ld.
The Fourteenth Amendment provides a right of access to the courts. Bounds v. Smith, 430
U.S. 817 (1977). This right is neither absolute nor unconditional. A litigant has "no
constitutional right of access to the courts to prosecute an action that is frivolous or malicious."
Holt v. State, 290 Kan. 491, 500, 232 PJd 848 (2010). Yet, "[l]itigiousness alone will not
support an injunction restricting filing activities." Tripati v. Beamani, 878 F.2d 351, 353 (lOth
Cir. 1989). Federal courts have recognized a court's inherent power to control the actions of
abusive litigants "by imposing carefully tailored restrictions in appropriate circumstances." Ford
v. Pryor, 553 F.3d 1174,1180 (lOth Cir. 2008) (citations omitted). Citing these Tenth Circuit
decisions, the Kansas Supreme Court has held that Kansas district courts have inherent power to
impose carefully tailored restrictions on abusive litigants in appropriate circumstances and has
authority to direct a district court clerk to refrain from filing pleadings in such cases. Holt, 290
Kan. at 500-02.
The right of access to the courts is neither absolute nor unconditional and there is
no constitutional right of access to the courts to prosecute an action that is
frivolous or malicious. The goal of fairly dispensing justice ... is compromised
when the Court is forced to devote its limited resources to the processing of
repetitious and frivolous claims. No one, rich or poor, is entitled to abuse the
judicial process. We recognize that filing restrictions are a serious sanction and
that litigiousness alone is not a sufficient reason to restrict access to the court.
However, where, as here, a party has engaged in a pattern oflitigation activity
which is manifestly abusive, restrictions are appropriate. Abusive and repetitive
filings cannot be allowed to strain the resources of the Kansas courts.
State ex ref. Stovall v. Lynn, 26 Kan. App. 2d 79,81-82 (1999) (internal quotations and citations
omitted).
While filing restrictions as to this case would be clearly appropriate here, as can be seen
from other cases in which they were imposed, such restrictions would be insufficient alone to
stop Pro Se Litigants from filing further cases. Further sanctions are warranted.
These Defendants suggest the Court impose sanctions against Pro Se Litigants as follows
in order to achieve the effect of Rule 60-211 to deter repetition of conduct:
1. With the sole exception of a Notice of Appeal in this matter, Pro Se Litigants,
individually and collectively, are enjoined and may not, proceeding pro se,
file any pleading in this case or any new cases, including small claims and
limited action cases, in any district court of the State of Kansas without
express authorization of the undersigned judge or another judge of this court.
(New suits by Pro Se Litigants which are signed and brought by a lawyer
licensed to practice in this state or admitted pro hac vice are not subject to this
restriction.)
2. Should Pro Se Litigants, proceeding pro se, seek to file further pleadings in
this case other than a Notice of Appeal, Pro Se Litigants shall submit the
pleadings to this Judge for review, and the clerk shall not file the pleadings
unless and until this Judge reviews them and certifies that they are not
frivolous and repetitive. Should further pleadings be inadvertently filedin this
10
case without this Judge's review, defense counsel shall not respond to them
except upon order of the court.
3. Should Pro Se Litigants, proceeding pro se individually or collectively, seek
to file any new case, including small claims or limited actions cases, in any
district court in this state, Pro Se Litigants must file an application for leave to
file a petition. The application shall be delivered to the chief judge of the
judicial district or the judge's designee and shall include:
a. a copy of this order or any subsequent orders related to filing
restrictions;
b. a copy of the proposed petition;
c. a notarized affidavit certifying that the claims have not been
previously asserted, the claims are not frivolous or made in bad
faith, and the claims comply with all civil and appellate procedures
and rules; and
d. a current list of all lawsuits currently pending or previously filed
with the court or any other Kansas court, including a statement of
the claims or parties, and disposition of same if possible.
The chief judge, or the judge's designee, will then determine if the
petition or pleading is lacking in merit, is duplicative, or is frivolous.
If the petition or pleading is found to comply with the above
requirements, Pro Se Litigants will be granted leave to file it3. A
failure to comply with the rules and orders of this court can subject
them to sanctions and/or punishment for contempt. Further, no party
shall be required to respond to anything filed by Pro Se Litigants that
has not been approved by a court of competent jurisdiction or filed by
a Kansas-licensed attorney on Pro Se Litigants' behalf.
4. The filing restrictions become effective as of the date Defendants filed this
Motion for Sanctions. All pro se filings submitted by Pro Se Litigants filed
after the date this Motion for Sanctions is filed will be subject to court
screening when sanctions are entered.
CONCLUSION
Although Muathe, Day, King, Beckley, and Carlton are pro se and their pleadings are
arguably entitled to some deference, in this and other cases they have, with no justification,
squandered both the courts' resources and the resources of defendants. Their conduct has been a
substantial burden on everyone involved. What they have filed in this and other cases is so
3
Lynn, 26 Kan App'd at 81
11
deeply flawed and so frivolous that filing restrictions should be imposed. Unless filing
restrictions are imposed, the Pro Se Litigants will continue to use the courts of Kansas to harass
the current defendants as well as others for the foreseeable future. The only way to stop the Pro
Se Litigants is the imposition of the requested filing sanctions.
Respectfully submitted,
OFFICE OF ATTORNEY
DEREK SCHMIDT
12
GENERAL
CERTIFICATE OF SERVICE
I hereby certify that on this 25th day of September, 2015, the above and forgoing
document was filed with the Clerk of the Court of the District of Crawford County, Kansas via
u.s. Mail. I further certify that a copy was served via first class u.s. Mail, postage prepaid to:
\.
Eric Muathe
P.O. Box 224
Pittsburg, KS 66762
Noah Day
P.O. Box 224
Pittsburg, KS 66762
Kasey King
P.O. Box 224
Pittsburg, KS 66762
James Beckley Jr.

P.O. Box 224
Pittsburg, KS 66762
Travis Carlton
P.O. Box 224
Pittsburg, KS 66762
Jim Emerson
Crawford County Counselor
111 East Forest, 2 nd Fl.
Girard, KS, 66713
Judge Jack Burr

Elaine J. Bradshaw
Administrative Assistant to the Chief Judge
Eleventh Judicial District
602 N. Locust
Pittsburg, KS 66762
and hand delivered to:
Steve R Fabert
Assistant Attorney General
Memorial Bldg., 2nd Floor
120 SW loth Avenue
Topeka, Kansas 66612-1597
13
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ATIORNEY
AND COUNSELOR AT LAW
Prince Adebayo Ogunmeno, BA, JD
Tel. (913) 233-2133

www.ogunmenolawfirm.com
March 8, 2016
To:
Donald P. Pyle
Clerk of Crawford County, Kansas
P Box 249
County Courthouse 2nd Floor
Girard KS 66743
NOTICE OF CLAIM
(Pyrsuant to .K.S.A.12-105<b){d)
1.
Name and Address of Claimant:

Noah Day
PoBox 224
Pittsburg, KS 66762
2.
Name and Address of Claimant Attorney:

Ogunmeno Law Firm, LLC
155 S. 18th Street, Suite 250
Kansas City, KS 66102-5654
aikogun@ogunmenolawfirm.com
Tel. (913) 233~2133
3.
A Concise State of the Factual Basis of the Claim:
a.
Date ofIncident:
May 14,2014
b.
Time ofIncident:
During business hours
c.
Place of Incident:
Crawford County Courthouse

602 N. Locust
Pittsburg, KS 66762
th
Street Address: 155 S. 18 Street, Suite 250' Kansas City, KS 661025654' Phone: 913-233-2133.
www.OQunmenoiawfirm.com
d.
Circumstances of the act, omission. or event complained of:
On May14, 2014, claimant Noah Day arrived at the Crawford County Courthouse in
Pittsburg, Kansas on a pre-noticed visit for a filming tour of the public areas of the
courthouse. Claimant hope to interview public officials in furtherance of his freelance
dissemination of news feeds to the world in general and to citizens of Crawford County
in particular. Claimant disseminates news using social medial posts, radio channel, and
other platforms.
Deputy Sheriff Tyrell and Rose were manning the courthouse's security post at the
county courthouse in Pittsburg when claimant and his camera crew arrived. Both
claimant and his camera crew cleared security screening successfully. It was then that
deputy Tyrell and Rose who have advance knowledge of claimant's tour plans
immediately confronted plaintiff; and told plaintiff he could not turn his camera on to
film the public area of the courthouse.
All of plaintiff's pleas to deputy Tyrell and Rose to allow him to peacefully exercise his
constitutional rights were ignored. As claimant discusses his rights to film the public area
of the courthouse with deputy Tyrell and Rose, claimant's eyes caught a photograph
displayed at the county courthouse lobby in Pittsburg by the security post. The
photograph was a mug shot photograph of plaintiff in a jail uniform with Hilter's
mustache superimposed on claimant's mug shot photo.
Quite naturally, claimant became irate; but calmly demanded that Deputy Tyrell and
Rose take down the mug shot picture. However, deputy Tyrell and Rose refused to honor
claimant's demands. Deputy Tyrell and Rose emphatically told claimant that Sheriff Dan
Peak sanctioned the display of claimant's mug shot photo with Hilter's mustache at the
county courthouse lobby in Pittsburg. Hence, the deputy sheriffs advised that they will
not take claimant's mug shot photo down unless the Sheriff's order them to do so.
Suddenly, deputy Tyrell and Rose became boisterous and hostile toward claimant. Then,
deputy Tyrell and Rose threatened to arrest claimant if claimant should repeat his demand
they take down the mug shot photo of claimant. Almost instantaneously, deputy Tyrell
and Rose ordered claimant and his camera man to leave the courthouse building or they
both risk arrest and taken to jail for criminal trespass.
Effectively, deputy Tyrell and Rose denied claimant desire and plan to pursueand
exercise his First Amendment rights on May 14, 2014. Meanwhile, information has it that
other journalists and/or news media were allowed numerous times to film the public area
of the Crawford county courthouse in Pittsburg without any hindrance. Information
further has it that the Sheriff Peak: and his deputies displayed claimant's mug shot in jail
uniform with Hilter's mustache superimposed in the courthouse lobby to shame, disgrace,
dehumanize, and humiliate claimant In addition, information has it the Sheriff Peak and
his deputies denied claimant's access to film the public area of the county courthouse in
Pittsburg, Kansas because claimant is a member of the Summary Judgment Group, a
2
private citizen association which demands public accountability and advances

government transparency.
4.
5.
The Name and Address of Public Officer or Employee. if known:

1.
Dan Peak
Sheriff Crawford County, Kansas
225 N. Enterprise Dr
Girard, KS 66743
2.
Deputy Sheriff Tyrell

Crawford County Kansas Sheriff Dept
Girard, KS 66743
3.
Deputy Sheriff Rose

Girard, KS 66743
4.
Deputy Sheriff Bob Peters

Girard, KS 66743
A Concise State of the Nature and the Extent of the InjUry Claim to have
been suffered:
a.
Nature of the Claim:
The claimant asserts the following claims:

1.
Violation of claimant's civil rights under 42 U.S.C. 1981, 1983,
1985 through the First, Fourth and the Fourteenth Amendment to the United States
Constitution;
2.
Defamation; including invasion of privacy, false light
3.
Negligence
4.
Negligence training
5.
Abuse of process, power, and authority
6.
Claimant reserves rights to asset other legal theories of recovery as
additional information becomes available to claimant.
b.
The Extent of Injury:
The claimant, as a direct and proximate result of the actions and/or inactions of the
defendant, suffered denial of constitutional and civil rights, equal protection of the law,
indignity, humiliation, damage to reputation and other damages for which he is entitled to
compensatory damages from responsible parties.
6.
A Statement ofthe Amount of Monetarv Damages that is being requested:

State claims
Federal claims
Punitive damages
$250,000.00
$350,000.00
In an amount to be determined by the jury
Claimant reserves the rights to amend his damage claims as more information becomes
available to the claimant.
We look forward to your response to our settlement proposal shortly. Meanwhile, please
call or write me if you need additional information, or if you have questions. I thank you
so much for your cooperation in the regard.
Sincerely yours,

Attorney and Counselor at Law
www.ogunmenolawfmn.com
cc:
Noah Day
Municipal Court
County Court
District Court
Denver Juvenile
Denver County Court, Colorado
Court Address: 1437 Bannock St., # 170, Denver, CO 80202
Denver Probate
720-865-7275
Plaintiff I Petitioner:
NEARY, JENNIFER
COURT USE ONLY
v.
Defendant I Respondent:
DAY, NOAH IAN

Address:
Case Number:
15W0844
Courtroom:
170
9601 E ILIFF AVE #1527

DENVER, CO 80231
PERMANENT CIVIL PROTECTION ORDER ISSUED PURSUANT TO 13-14-106, C.R.S.

To Resnondent/Restrained
Person
Protected Person alleges Weapon Involved

DAY,NOAH IAN
Full Name of Protected
Person
NEARY, JENNIFER
Date of
Birth
Sex
Race
Weight
08/23/1979
Male
White
220
Date of Birtl
Sex
Race
05/1311981
Female
White
Height
Hair Color
Brown
6'00"
Full Name of Protected Person
Eye Color
Date of Birth
Sex
Race
00/00/0000
00/0010000
00100/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
The Court Finds that it has jurisdiction over the parties and the subject matter; that the Restrained Person was personally served
and given reasonable notice and opportunity to be heard; that the Restrained Person constitutes a credible threat to the life and
health of the Protected Persons named in this action; and sufficient cause exists for the issuance of a Civil Protection Order.
The Court Finds that the Restrained
18 U.S.C. 922(d)(8) and (g)(8).
Person
[J is l~is not
governed
by the Brady Handgun
Violence
Prevention
Act,
This Protection Order DOES NOT EXPIRE and only the Court can change this Order.
A violation of a Protection Order is a crime and may be prosecuted as a misdemeanor, municipal ordinance
violation, or a delinquent act (if committed by a juvenile) pursuant to 18-6-803.5, C.R.S., and municipal ordinance.
The Court Orders that you, the Restrained Person, shall not contact, harass, stalk, injure, intimidate, threaten, touch,
sexually assult, abuse, or molest the Protected Persons named in this action, or harm, take, transfer, conceal, or dispose of or
threaten harm to an animal owned, possessed, leased, kept or held by any protected party, a minor child of any other party, or
otherwise violate this Order. You shall not use, attempt to use, or threaten to use physical force against the Protected Persons that
would reasonably be expected to cause bodily injury. You shall not engage in any conduct that would place the Protected Persons in
reasonable fear of bodily injury.
1.
Contact.
It is ordered that you, the Restrained Person,
shall have no contact
of any kind with the Protected Persons and you shall not
attempt to contact said Protected Persons through any third person, except your attorney,
f~
except as follows:
NONE
.IOF 399 R6/13
PERMANENT
CIVIL PROTECTION
ORDER
Case Name:
2.
V.: DAY, NOAH IAN
NEARY, JENNIFER
Case Number:
15W0844
Exclusion from places.
You must keep a distance of at least 100 yards from the Protected Persons, where ever they may be found.
It is ordered that you be excluded from the following places and shall stay at least 100 yards away from the following places:
(Please specify address(es) where the Protected Persons reside, work or attend school.)
I~
The Protected Person has requested that the address be omitted from the written order of the Court, including the Register of Actions.
17'
Home:
CONFIDENTIAL
I;;
Work:
Name:
1-
School:
Name:
UNIV OF COLORADO
HOSPITAL
Address:
12605 E 16TH AVE AURORA, CO
Address:
Other:
r--
Exceptions:
3.
Care and Control Provisions
1 --
It is in the best interest of the minor children that care and control of these children be awarded to:
person)
(name of
This temporary care and control order and all other issues concerning the children, including Parenting Time and Interim
Decision-Making Responsibilities expires on
( date) not to exceed one year from this Order. All other
provisions of this Order remain in full force and effect permanently.
This Order gorverns any other Orders concerning the care and control of said children. However, provisions in another Order
concerning the children that do not conflict with this Order must be followed.
4. Issues Concerning Children (Parenting
r-
Parenting time is granted, expires on
Interim decision-making
1--
Responsibilities)
(date) and shall be as follows:
responsibilities
1---
Time and Decision-Making
expire on
(name of person)
The parties shall jointly share decision-making
shall have sole decsion making-responsibilities.
responsibilities.
Other as set forth in the "Other Provision" section.

Parenting Time and Decision-Making
District Court, Case #
_
Responsibilities
shall be as previously ordered by the
l"\
_.
Case Name:
V.: DAY, NOAH IAN
NEARY, JENNIFER
Case Number:
15W0844
5. Other Provisions.
r"
r--
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,
I"
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A Temporary injunction is hereby entered by this Court and is in effect until

(date) not to exceed one year
after the issuance of this Order. This injunction restrains the Restrained Person from ceasing to make payments for mortgage or
rent, insurance, utilities or related services, transportation, medical care, or child care when the Restrained Person has a prior
exsiting duty or legal obligation to make such payments or from transferring, encumbering, concealing, or in any way disposing
of personal effects or real property, except in the usual course of business or for the necessities of life and requires the
Restrained Person to account to the court for all extraordinary expenditures made after the injunction is entered.
The Restrained Person shall not possess and/or purchase a firearm, ammunition, or other weapon.
The Court waives all fees and no fees for service should be assessed pursuant to 13-14-109, C.R.S.
Fees shall be paid by the
Plaintiff/Petitioner
DefendanURespondent
Arrangements for possession and care of an animal are as follows:
r-
I'
The Restrained Person shall not interfere with the protected person at the person's place of employment or place of education
and shall not engage in conduct that impairs the protected person's employment, educational relationships, or environment.
6. Mandatory For Domestic Abuse Protection
Orders:
!"-
The Restrained Person shall not possess and/or purchase a firearm, ammunition, or other weapon AND, shall relinquish any
firearm within __
(hours) (24, 48, or 72 hours), and shall relinquish ammunition within __
(24 or 48 hours or 5 days). The
Restrained Person shall file proof of the relinquishment with the court, as required by statute.
,-
It is further ordered that
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This Permanent
Person.
Protection Order is identical to the Temporary
Protection Order and does not require service on the Restrained
This Permanent Protection Order is different from the Temporary Protection Order and requires service on the Restrained Party
before its provisions become effective.
:,(
Served Restrained Party in Open Court on 07/27/2015
signing, I acknowledge
(date).
receipt of this Order or
'[)ate
I"~ .
;'
.;
~ ~...
,',
',J
Print Name of Judicial Officer
i,..-
!\1
""
.r
.:~JN
.';;:n
- '.:-/"i
I certify that is true and
'-"
Date~
\L-:J
\\S
Clerk
Law Enforcement shall use all reasonable means to enforce this Protection Order.
irvc ':loa PR/1 ':I DI=PMA~II::~'T
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Dp()TI=r'TI()N
()RnFR
IMPORTANT INFORMATION ABOUT PROTECTION ORDERS

GENERAL INFORMATION
.;
This Order or injunction shall be accorded full faith and be enforced in every civil or criminal court of the United States, Indian
Tribe or United States Territory pursuant to 18 U.S.C. 2265. This Court has jurisdiction over the parties and the subject matter.
Pursuant to 18 U.S.C. 922(g)(8), it is unlawful for any person to possess or transfer a firearm who is subject to a court order
that restrains such person from harassing, stalking or threatening an intimate partner of such person or a child of such intimate
partner or person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the
partner or child.
NOTICE TO RESTRAINED PARTY

.;
A violation of a protection order may be a misdemeanor, municipal ordinace violation or a delinquent act (if committed by a
juvenile) and is a deportable offense. Anyone over the age of 18 who violates this Order may be subject to fines of up to
$5,000.00 and up to 18 months in jail. Violation of this Order may constitute contempt of Court. Anyone under the age of 18 who
violates this Order may be subject to commitment to the Department of Human Services for up to two years .
.;
You may be arrested or taken into custody without notice if a law enforcement
have violated this Order .
.;
If you violate this Order thinking that the other party or anyone else has given you permission, YOU ARE WRONG. and can be
arrested and prosecuted. The terms of this Order cannot be changed by agreement of the parties.ONL Y THE COURT CAN
CHANGE THIS ORDER .
.;
Possession of a firearm while this Permanent

U.S.C. 922(g)(8) .
.;
You may apply to the Court for a modification or dismissal of a protection order after two years from the date of issuance of the
Permanent Protection Order per 13-14-108(2)(b), C.R.S.
officer has probable cause to believe that you
Protection Order is in effect, may constitute a Felony under Federal Law, 18
NOTICE TO PROTECTED PARTY

.;
You are hearby informed that if this Order is violated you may call law enforcement.
.;
You may initiate contempt proceedings

against the Restrained Party if the Order is issued in a civil action or request
the prosecuting
attorney to initiate contempt proceedings
if the order is issued in a criminal action .
.;
You can not give the Restrained Party permission to change or ignore this Order in any way.
ONLY THE COURT CAN CHANGE THIS ORDER.
.;
You may apply to the court for a modification
or dismissal of a protection order at any time, per 13-14-1 08(2)(a), C.R.S.
NOTICE TO LAW ENFORCEMENT OFFICERS

.;
If the Order has not been personally served, the law enforcement officer responding to a call of assistance, shall serve a copy of
said order on the person named/Restrained Person therin and shall write the time, date, and manner of service on the Protected
Persons copy of such Order and shall sign such statement. The officer shall provide the Court with a completed return of service
form. (13-14-107(2-3), C.R.S.)
.;
You shall use every reasonable means to enforce this Protection Order.
'" You shall arrest or take into custody, or if an arrest would be impractical under the circumstances, seek a warrant for the arrest
of the Restrained Person when you have information amounting to probable cause that the Restrained Person has violated or
attempted to violate any provision of this Order subject to criminal sanctions pursuant to 18-6-803.5 CRS or municipal
ordinance, and the Restrained Person has been properly served with a copy of this Order or the Restrained Person has received
actual notice of the existence and substence of such Order.
'"
You shall enforce this Order even if there is no record of it in the Protection Order Central Registry.
'" You shall take the Restrained Party to the nearest jailor detention facility.
'"
You are authorized to use every reasonable effort to protect the Protected Parties to prevent further violence .
.; You may transport, or arrange transportation
to a shelter for the Protected Parties.
Case Name:
Case Number:
V.: DAY, NOAH IAN
NEARY, JENNIFER
15W0844
1. Contact.
It is ordered that you, the Restrained
Person,
[7
except as follows:
NONE
2. Exclusion from places:

It is ordered that you be excluded from the following places and shall stay at least
(Specify address(es) where the Protected Persons reside, work or attend school.)
100
yards away from the following places:
[7
The Protected Person has requested that the address be omitted from the writen order of the Court, including the Register of Actions.
17
Home:
CONFIDENTIAL
17 Work:
Name:
Name:
School:
UNIV OF COLORADO
HOSPITAL
Address:
12605 E 16TH AVE AURORA. CO
Address:
1-- Other:
I
Exceptions:
You may not remain in or return to any of the above locations after you receive this Order. You shall be permitted to return to a
shared residence one time to obtain sufficient undisputed personal effects to maintain a normal standard of living until the
next hearing date
ONLY if you are accompanied
at all times by a law enforcement
officer.
3. Care and Control Provisions

,-
It is in the best interest of the minor children that care and control of these children be awarded to
(name of
person) until the next hearing. At that hearing, the Court will determine who should receive temporary care and control of the minor
children for up to one year
4.
Issues Concerning Children (Parenting Time and Decision-Making
Restrained Person is granted parenting time with the minor children.
1--
Parenting time and decision-making

Hearing.
r-
Parenting time expire on
responsibilities
Responsibilities)
will be considered at the Permanent Protection Orders Hearing or at the next
(next hearing date)
and shall be as follows:
Case Name:
V.: DAY, NOAH IAN
NEARY, JENNIFER
responsibilities
1-
expire on
r-
Other as set forth in "Other Provision" section 5.

responsibilities
15W0844
(next hearing date) and shall be as follows:
(name of person)
Case Number:
responsibilities.
District Court, Case
#_---
5. Other Provisions
A Temporary Injunction is hereby entered by this Court that restrains the Restrained Person from ceasing to make payments for
mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the Restrained Person
has a prior existing duty or legal obligation to make such payments or from transferring, encumbering, concealing, or in any way
disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requires
the Restrained Person to account to the court for all extraordinary expenditures made after the injunction is entered.
r-- ;:De Restrained
Person shall not possess and/or purchase a firearm, ammunition,
Iv" The Court waives all fees

I Fees shall be paid by the
o
I
r--
Arrangements
or other weapon.
and no fees for service should be assessed pursuant to 13-14-1 02(21 )(b), C.R.S.
for possession
Defendant/Respondent
and care of an animal are as follows:
The Restrained Person shall not interfere with the protected person at the person's place of employment or place of education and shall
not engage in conduct that impairs the protected person's employment, educational relationships, or environment.
It is further ordered that:
,e
Date:
"F'
Judge ., ,..
__
""""'.u
t...; ..
Magistrate
',-
I certify that this is a true and complete copy of the original order.
Date:
-c-le-r-k-----~~J0~A~/---------------Law enforcement shall use all reasonable means to enforce this Protection Order.
GENERAL
INFORMATION
This Order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United
States, Indian Tribe or United States Territory pursuant to 18 U.S.C. 2265. This court has jurisdiction over the parties and the
jubject matter.
partner or child.
NOTICE TO RESTRAINED
PERSON
You are directed to appear before this Court on the date shown on the front of this form to show cause, if any exists, why this
Temporary Protection Order should not be made permanent.
This Temporary Protection Order shall be made permanent without further notice or service or the Court may continue the
Temporary Protection orders to a date certain. You are notified that the Permanent Civil Protection Order shall remain in effect
until further order of the Court. Such Permanent Order will subject you to Federal Laws restricting firearms possession and sale
18 U.S.C., 922(g)(8), 924(a)(2) .
.;
A violation of a Protection Order may be a misdemeanor, municipal ordinace violation or

juvenile) and is a deportable offense. Anyone over the age of 18 who violates this Order
$5,000.00 and up to 18 months in jail. Violation of this Order may constitute contempt of
violates this Order may be subject to commitment to the Department of Human Services
.;
You may.be arrested or taken into custody without notice if a law enforcement
have violated this Order.
.;
If you violate this Order thinking that the Protected Person or anyone else has given you permission, YOU ARE WRONG. and
can be arrested and prosecuted. The terms of this Order can not be changed by agreement of the parties.ONL Y THE COURT
CAN CHANGE THIS ORDER .
.;
Possession
922(g)(8).
of a firearm while this Protection Order is ineffect,
NOTICE TO PROTECTED
a delinquent act (if committed by a

may be subject to fines of up to
Court. Anyone under the age of 18 who
for up to two years .
may constitute a Felony under Federal Law, 18 U.S.C.
PERSON
."
.;

against the Restrained Person if the Order is issued
the prosecuting
attorney to initiate contempt proceedings
if the order is issued in a criminal
."
You can not give the Restrained Person permission to change or ignore this Order in any way.
in a civil action or request

action .

NOTICE TO LAW ENFORCEMENT
OFFICERS
said order on the person named/Restrained Person therein and shall write the time, date, and manner of service on the
Protected Persons copy of such Order and shall sign such statement. The officer shall provide the Court with a completed return
of service form. (13-14-107(2-3), C.R.S.)
You shall arrest or take into custody, or if an arrest would be impractical under the circumstances, seek a warrant for the arrest
attempted to violate any provision of this Order subject to criminal sanctions pursuant ~o 18-6-803.5 CRS or municipal
You shall take the Restrained Person to the nearest jailor detention facility.
You are authorized to use every reasonable effort to protect the Protected Person and named children to prevent further
violence .
.;
You may transport, or arrange transportation
to a shelter for the Protected Persons.
,r
Muni~ipal Court
F County Court ["
Court Address: 1437 Bannock
District Court
r-
Denver Juvenile
Denver Probate
County Court, Colorado
- Denver, CO, 80202
St., # 170,
720-865-7275
Plaintiff / Petitioner:
NEARY, JENNIFER
v.
COURT USE ON
Case Number:
Defendant / Respondent:
15W0844
16 Character #:
DAY, NOAH IAN
Division:
Courtroon
Address:
TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO 13-14-104.5, C.F

RETURN OF SERVICE
I declare under oath that I am over the age of 18 years and not a party to the action and that I served the Verified
Complain/ Motion for Civil Protection Order and the Temporary Protection Order on the
ODefendant
(date)
/ Respondent
in
______________
---------------
handing it to a person identified to me as the
QBy
leaving it with the
QBy
leaving it with
[:11 Plaintiff
/ Petitioner
location:
Plaintiff / Petitioner
r,J Defendant
0. Defendant
/ Respondent who refused service.
r-:lPlaintiff I Petitioner 0
Defendant I Respondent.
relationship:
[:l~Plaintiff
/ Petitioner
occasions but have not been able to locate the
UPrivate
[In Plaintiff
I Petitioner
OJDefendant
/ Respondent
OJ Plaintiff I Petitioner
rJ~Defendant
/ Respondent
Fees $,
County
Mileage $
is made on
Signature of Process Server

_
waived, Domestic Violence Protection Order

Name (Print or Type)
My Commission Expires:
[Jj Defendant I Respondent.
process server
QSheriff,
QFee
because of the fo
as provided for in C.R.C.P. 4(
attempted to serve the
Return to the
/ Respondent.
(type or write name legibly)
designated to receive service for the
QI
i Petitioner
(County) ----------
(time) at the following
WBy
QPlaintiff
_
Notary Publici Deputy Clerk
(dat
~..
OMunicipal Court OCounty Court DOistrict Court DDenver Juvenile DOenver

Probate
/l..f37
75cr n 11 ocie.. $'1- l)e.,n v-b: County, Colorado
eM)' :~he
Court Address:
JUL 132015
,F n
Petitioner:
Date of Birth:
17
j./<'tt
1-/
I'~r
-)'(3'/121
CLERK OF COURT
v.
/Vtl{;f
Respondent:
Date of Birth:
DtlIy
leu1
Ul1kno...,;t1
(iff
P1fS
Case Number:
E-mail:
Phone Number:
Atty. Reg. #:
FAX Number:
The address of the Protected Person may be omitted from the written order
of the Court, including the Register of actions.
VERIFIED
DCOMPLAINT
fl
I,
n 11 i f-...er
e~
Order, and in support of this r
DMOTION
FOR
CIVIL
Abuse (13-14-101(2),
QStalking
(18-3-602, C.R.S.)
DSexual
Assault (18-3-402(1),
o Unlawful Sexual Contact

DAbuse
2.
\lo
ORDER
(Mark the applicable circumstances.)
C.R.S.)
Qt7I~
I a f'/
44 e,
person) because:
3.
PROTECTION
Courtroom
and (7), C.R.S.)
Assault, Threat or other situation.
;\J tl t? h
a..
Division
E"44,
(1B-3-404, C.R.S.)
I reside or am employed in the County of
artif
Wu
C.R.S.)
of the Elderly or an At-Risk Adult (26-3.1-101(1)
~Physical
\S
(name of person) request this Court to issue a Civil Protection

uest state the following:
I am seeking this Civil Protection Order as a victim of the following:

DDomestic
COURT USE ONLY
tun
Attorney or Party Without Attorney (Name and Address):
1.
County Court
of Denver, Colorado
,Sta
/
D en ve'Y
State of
Co / ()r 4 J 0
and
(name of person) resides or is employed in the County of

of
Co loro{ do.
tArn fn'fhd
porh1er
l'
L1J/h,
I know
an cI
/VI iche I~
Noq h J. D~
('0 'NtJdur of
h If
Q.
s-;.
(name of
d rn.ey he
(j
The other Protected Persons are (list full name ,date of birth, sex, and race):
UIII
~
,....-
Name of Protected ~ate. of Sex Race

Date of Sex Race
Person
Birth
Person
Birth
,. ,:+I---t----~~~----+---:;:.:.:..:.:..:-.+_-_+_-__I
~- ... -,----- ._- "._'-l
01 have completed and attached the form titled "Affidavit Regarding Children" JDF 404 as children are
identified as Protected Persons above.
JDF 402 R6/13
VERIFIED COMPLAINT/MOTION FOR CIVIL PROTECTION ORDER 2013 Colorado Judicial
Deoartment for use in thp. r,OIrrts nf r,nlnr~rln
D<l('fQ
"f
/'
5.
I believe that I and/or the other Protected Persons named in this action are in imminent danger from
Naq 6 It?"
V
(name of person):
PIC
~Harm
to my/our life or health if he/she is not restrained as requested.
~PhYSiCal or emotional harm to my/our emotional health or welfare if he/she is not excluded from the family
home or the home of another.
6.
~I request that I be permitted to omit my address from this Verified Complaint/Motion for Civil Protection
6~der, because I fear that including my address will endanger me and/or the other Protected Persons.
7. I request the following relief from the Court that

,,,._,~.~ -"t'~..,
~~. ~"'~f:'~
..!:
.f
/voa ~ / tr 11 j)A~
(name of person):
a) ~Be ordered to refrain from contacting, harassing, injuring, stalking, touching, sexually assaulting,
molesting, intimidating, and threatening me or other protected persons.
b)
~Be
ordered to have no contact
at all with me or the other Protected Persons.
or
o Be allowed
c)
~Be
only the following limited contact with me or the other Protected Persons:
excluded from my home at (address): If you checked section
Be specific.
6, do not provide your address.
00
d)~e
ordered to stay at least!

yards from the following places. (address or description)
If you checked section 6, do not provide your address.
~Home:
~~
__ ~
~~
~
~Work:
Name:
DSchool:
Name:
Un IVM!/ly
tTf~J::1!!,o
1;_..:....1'_7_"'1_
DOther:
e)
Be ordered to have no contact

control and Interim Decision-Making
Address:
/()..(;OS-- f,.
/QjPt
t(
ve:,..
aU1Or7(
Address:
Co.
_
-:--
with the minor children and that I be awarded temporary care and
Responsibilities for the children.
or
Be awarded temp,orary care and control of the children and that the other person be given Parenting
Time with the children and Interim Decision-Making Responsibilities as follows: Be specific.
f)
}i1'se ordered to refrain from molesting, injuring, taking, transferring, encumbering, concealinq, or
disposing of or threatening harm to an animal owned, possessed, leased, kept or held by me or my minor
child(ren), or other protected persons. Arrangements for possession and care are as follows:
JDF 402 R6/13

VERIFIED COMPLAINT/MOTION
Department for use in the Court~ nf r.nlnr:.rln
FOR CIVIL PROTECTION

n
.-,
ORDER 2013 Colorado Judicial
.,
g)
Be ordered if this is a domestic abuse protection order, to not possess and/or purchase a firearm,
ammunition, or other weapon AND to relinquish any firearm or ammunition within the time ordered by the
Court.
I
h) . ~ Be ordered to refrain from interfering with me or other protected persons at our place of employment
or place of education and from engaging in conduct that impairs my or other protected person's
employment, educational relationships, or environment.
i)
DOther:
I swear or affirm under penalty of perjury that the information contained in this Verified Complaint/Motion for Civil
Protection Order is true and correct.
I understand that once a Civil Protection Order is issued it cannot be
modified or dismissed by me or the other person without perm~ission of t~e Court.
~/f~d
At h"_-C
.ijpiOnertjie~pond:nt--'=7
Attorney, if applicable
Stop: If you checked box number 6, do not fill in your address and telephone number .
(rr~4':;r-,.,.
.A
(V
..}y~):::iHl. ::Jo-<",<t'<.,
.~'
.".~\
.....~)
r (j .....
,\- f) ..'
!}
/" (J :
::l"~[
. "'-;.
~:\:3\.
.
>-;'\
CP"I
iT J
~
l LJ
p.......
.,,~\
,rl -:..'
t.. .-.
'.v
Address
'.':.
\r;'
:""
j :,: . Telephone Number
.., -( .
State of
Notice:
Colorado Revised Statutes 13-14-105 identifies that a temporary injunction may be issued by the
Court and that upon personal service or upon waiver and acceptance of service by the Restrained Person, is to
be in effect against the Restrained Person for a period determined to be appropriate by the Court. This injunction
restrains the Restrained Person from:
1. Ceasing to make payments for mortgage or rent, insurance, utilities or related services,
transportation, medical care, or child care when the Restrained Person has a prior existing duty or
legal obligation for making such payments.
2. Transferring, encumbering, concealing, or in any way disposing of personal effects or real property,
except in the usual course of business or for the necessities of life.
The Restrained Person shall be required to account to the Court for all extraordinary expenditures
injunction is in effect.
made after the
Any injunction issued shall not exceed one year after the issuance of the Permanent Civil Protection Order.
JDF 402 R6/13 VERIFIED COMPLAINT/MOTION FOR CIVIL PROTECTION ORDER 2013 Colorado Judicial
Department for use in the Courts of r.nlnr!'lrlf'l
I'l
, _z
INCIDENT CHECKLIST
WARNING: This form is provided to help you prepare for your hearing. You may keep it or you may
file it with your complaint. IF YOU DO FILE IT, IT WILL BECOME A PART OF THE PUBLIC
RECORD AND WILL BE SERVED ON THE RESPONDENT AS A PART OF THE COMPLAINT.
Type of Abuse
Name-calling/Directed Use of
Obscenities
Threatening/Harassing Phone
Calls
Threat to Injure Self
Threat to Injure Others
Threat by Physical or Sexual
Abuse to Children
Threat by Displaying or Pointing
Weapon, or by Access to Weapon
Threat by Cruelty to Animals
Threat by Following
Threat by Damage to Property
Throwing Things
Grabbing
Shoving or Pushing
Forcing Sexual Contact
Physically Abusing Children in
Household
Sexually Abusing Children in
Household
Slapping (with an open hand)
Punching (with a closed fist)
Kicking
Using Weapon
Biting
Choking or Strangling
Beating
Forcing Other to Stay in Closet,
Room, Homes, or Other
Locations
Date:
7!~ 'd:o jr'/. 13 J.d/j
]f1}J
Location Where
Abuse Occurred
Vfa. Cell ph~
e:rf
m-;
VUI
h a n-1 e.cell
ml1
"h
ho~
on e. a}:
Date(s) of
Incident(s)
7!o/r
7/Dlr
Physical
Injury, if Any
Police
Contact?
1t2J
jeJ
, - Municipal Court
,L,
FCounty Court r District Court r Denver Juvenile r Denver Probate
Denver County Court, Colorado

CourtAddress: 1437 Bannock St., # 170, Denver, CO 80202
,.
720-865-7275
"",
Plaintiff/ Petitioner:
NEARY,JENNIFER
.&.
'
-,
COURT USE ONLY
'"
,.,
V.
Defendant/ Respondent:
DAY,NOAH IAN
Address:
Case Number:
15W0844
Courtroom:
170
9601 E ILIFFAVE#1527
DENVER, CO 80231
.,'
PEFiMANENT CIVIL PROTECTION ORDER ISSUED PURSUANT TO 13-14-106, C.R.S.

Resuondent/Restrained
Person
r"ToProtected
Person alleges Weapon Involved
DAY,NOAH IAN

NEARY, JENNIFER
Date of
Birth
Sex
08/23/1979
Male
Race
.Height
Weight
Hair Color
.'.
Date of Birtl
Sex
Race
05113/1981
Female
White
White
220
Brown
6'00"
Eye Coi~r
Date of Birth
Sex
Race
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
00/00/0000
The Court Finds that it has jurisdiction over the parties and the subject matter; that the Restrained Person was personally served
and given reasonable notice and opportunity to be heard; that the Restrained Person constitutes a credible threat to the life and
health of the Protected Persons named in this action; and. sufficient cause exists for the issuance of a Civil Protection Order.
The Court Finds that the Restrained
18 U.S.C. 922(d)(8) and (g)(8).
Person
0 is
~ is not governed
by the Brady Handgun
Violence
Prevention
Act,
This Protection Order DOES NOT EXPIRE and only the Court can change this Order.
The Court Orders that you, the Restrained Person, shall not contact, harass, stalk, injure, intimidate, threaten, tOUCh,
sexually assult, abuse, or molest the Protected Persons named in this action, or harm, take, transfer, conceal, or dispose of or
threaten harm to an animal owned, possessed, leased, kept or held by any protected party, minor child of any other party, or
otherwise violate this Order. You shall not use, attempt to use, or threaten to use physical force against the Protected Persons that
would reasonably be expected to cause bodily injury. You shall not engage in any conduct that would place the Protected Persons in
reasonable fear of bodily injury.
1.
Contact.
of any kind with the Protected Persons and you shall not.
1-,1
except as follows:
NONE
JDF 399 R6/13
PERMANENT
CIVIL PROTECTION
ORDER
. -"
~tate of 1!an~a~
~<!Commi~~ionon jJ ubitial <mualifitation~

KANSAS JUDICIAL CENTER
301 SW TENTH AVE., ROOM 374
TOPEKA, KANSAS 66612
785-296-2913
judicialqual@kscourts.org
MEMBERS
OF
PANEL A
October 22, 2015
CHAIR:
Mary B. Thrower
Judge Member
VICE-CHAIR:
Brenda M. Cameron
Judge Member
James Beckley, Jr.

302 W. McKay
Frontenac, Kansas 66763
Nancy S. Anstaett
Lawyer Member
Re:
James S. Cooper
Non-Lawyer Member
Robert W. Fairchild
Judge Member
Docket No. 1273, In the Matter of Lori A. Bolton Fleming
Dear Mr. Beckley:

The Commission met October 2, 2015, at which time the above-captioned
complaint was considered. The matter remains under investigation and will be placed
on the Commission's December 4,2015, meeting agenda.
Norman R. Kelly
Lawyer Member
Thank you for your continuing patience as the Commission does its work.
Rep. Valdenia C. Winn

Lay Member
Sincerely,
litat:41
SECRETARY:
Heather L. Smith
L~
Heather L. Smith,
Secretary
mm
Case Name:
2.
V.: DAY, NOAH IAN
NEARY, JENNIFER
Case Number:
15W0844
Exclusion from places.
It is ordered that you be excluded from the following places and shall stay at least 100 yards away from the following places:
(Please specify address(es) where the Protected Persons reside, work or attend school.)
17
The Protected Person has requested that the address be omitted from the written order of the Court, including the Register of Actions.
1../
Home:
CONFIDENTIAL
17
Work:
Name:
r-
School:
Name:
Other:
1---
Exceptions:
UNIV OF COLORADO HOSPITAL
Address:
Address:

I-It
is in the best interest of the minor children that care and control of these children be awarded to:
person)
(name of
This temporary care and control order and all other issues concerning the children, including Parenting Time and Interim
Decision-Making Responsibilities expires on
(date)
not to exceed one year from this Order. All other
provisions of this Order remain in full force and effect permanently.
This Order gorverns any other Orders concerning the care and control of said children. However, provisions in another Order
concerning the children that do not conflict with this Order must be followed.
4. Issues Concerning Children (Parenting Time and Decision-Making
r--
Parenting time is granted, expires on
responsibilities
expire on
(name of person)
1---
Other as set forth in the "Other Provision" section.
r -- Parenting
Time and Decision-Making

District Court, Case #
_
JDF 399 RS/13
Responsibilities)
responsibilities.
Responsibilities
PERMANENT CIVIL PROTECTION
ORDER
Case Name:
V.: DAY, NOAH IAN
NEARY, JENNIFER
Case Number:
15W0844
5. Other Provisions.
r - A Temporary
injunction is hereby entered by this Court and is in effect until

(date) not to exceed one year
after the issuance of this Order. This injunction restrains the Restrained Person from ceasing to make payments for mortgage or
rent, insurance, utilities or related services, transportation, medical care, or child care when the Restrained Person has a prior
exsiting duty or legal obligation to make such payments or from transferring, encumbering, concealing, or in any way disposing
of personal effects or real property, except in the usual course of business or for the necessities of life and requires the
Restrained Person to account to the court for all extraordinary expenditures made after the injunction is entered.
I
f7
I
r-
The Restrained Person shall not possess and/or purchase a firearm, ammunition, or other weapon.
The Court waives all fees and no fees for service should be assessed pursuant to 13-14-109, C.R.S.
r-
,--- The Restrained Person shall not interfere with the protected person at the person's place of employment or place of education
and shall not engage in conduct that impairs the protected person's employment, educational relationships, or environment.
6.
r--
r--
Mandatory For Domestic Abuse Protection Orders:

The Restrained Person shall not possess and/or purchase a firearm, ammunition, or other weapon AND, shall relinquish any
firearm within __
(hours) (24, 48, or 72 hours), and shall relinquish ammunition within __
(24 or 48 hours or 5 days). -The
Restrained Person shall file proof of the relinquishment with the court, as required by statute.
It is further ordered that
r:;
This Permanent Protection Order is identical to the Temporary Protection Order and does not require service on the Restrained
Person.
i--
This Permanent Protection Order is different from the Temporary Protection Order and requires service on the Restrained Party
before its provisions become effective.
1.1
Served Restrained Party in Open Court on 07/27/2015
(date).
signing, I acknowledge receipt of this Order or .. ~
~~~~~~~~~~
Restrained pers?itjt
7~(~~
..~'I~
+.
" 'pate
present itJ0~m'll
~~~A&
it(.Judge
'/
~~
Q Magistrate
: r~Lj
.:
'~
,~. ; ':
~.
'
~-
",
Print Name of Judicial Officer

. ''''~~
.- I
'i",:
"
I certify that is true and
Date
--=t \1:) \\S
-c-le-rl-{-------~~-t~~~-/~/-:':--~-;-'------------
Law Enforcement shall use all reasonable means to enforce this Protection Order.
JDF 399 R6/13
PERMANENT CIVIL PROTECTION
ORDER
Page: 3 of 4

GENERAL INFORMATION
.; This Order or injunction shall be accorded full faith and be enforced in every civil or criminal court of the United States, Indian
Tribe or United States Territory pursuant to 18 U.S.C. 2265. This Court has jurisdiction over the parties and the subject matter .
.;
partner or child.
NOTICE TO RESTRAINED PARTY

.; A violation of a protection order may be a misdemeanor, municipal ordinace violation or a delinquent act (if committed by a
violates this Order may be subject to commitment to the Department of Human Services for up to two years .
.;
You may be arrested or taken into custody without notice if a law enforcement officer has probable cause to believe that you
.;
If you violate this Order thinking that the other party or anyone else has given you permission, YOU ARE WRONG. and can be
arrested and prosecuted. The terms of this Order cannot be changed by agreement of the parties.ONL Y THE COURT CAN
CHANGE THIS ORDER.
.;
Possession of a firearm while this Permanent Protection Order is in effect, may constitute a Felony under Federal Law, 18
U.S.C. 922(g)(8) .
.;
You may apply to the Court for a modification or dismissal of a protection order after two years from the date of issuance of the
Permanent Protection Order per 13-14-108(2)(b), C.R.S.
NOTICE TO PROTECTED PARTY

.;
.;
You may initiate contempt proceedings against the Restrained Party if the Order is issued in a civil action or request
the prosecuting attorney to initiate contempt proceedings if the order is issued in a criminal action .
.;
You can not give the Restrained Party permission to change or ignore this Order in any way.
"
You may apply to the court for a modification or dismissal of a protection order at any time, per 13-14-1 08 (2)(a) , C.R.S.
NOTICE TO LAW ENFORCEMENT OFFICERS

"
said order on the person named/Restrained Person therin and shall write the time, date, and manner of service on the Protected
Persons copy of such Order and shall sign such statement. The officer shall provide the Court with a completed return of service
form. (13-14-107(2-3), C.R.S.)
.;
You shall use every reasonable means to enforce this Protection Order .
.;
actual notice of the existence and substence of such Order .
.;
"
You shall take the Restrained Party to the nearest jailor detention facility.
"
You are authorized to use every reasonable effort to protect the Protected Parties to prevent further violence.
"
You may transport, or arrange transportation
JDF 399 R6/13
to a shelter for the Protected Parties.
PERMANENT CIVIL PROTECTION ORDER
Page: 4 of 4
,
Case Name:
V.: DAY, NOAH IAN
NEARY, JENNIFER
Case Number:
15W0844
1. Contact.
[7
except as follows:
NONE
violation, or a delinquent act (if committed by a juvenile) pursuant to 18-6-803.5, c.R.S., and municipal ordinance.
2. Exclusion from places:

You must keep a distance
of at least 100 yards from the Protected
Persons, where ever they may be found.
It is ordered that you be excluded from the following places and shall stay at least
(Specify address(es) where the Protected Persons reside, work or attend school.)
[7
100
yards away from the following places:
The Protected Person has requested that the address be omitted from the writen order of the Court, including the Register of Actions.
r./ Home:
CONFIDENTIAL
17 Work:
Name:
Name:
School:
UNIV OF COLORADO HOSPITAL
Address:
Address:
1- Other:
I
Exceptions:
You may not remain in or return to any of the above locations after you receive this Order. You shall be permitted to return to a
shared residence one time to obtain sufficient undisputed personal effects to maintain a normal standard of living until the
next hearing date
ONLY if you are accompanied at all times by a law enforcement officer.
It is in the best interest of the minor children that care and control of these children be awarded to
(name of
person) until the next hearing. At that hearing, the Court will determine who should receive temporary care and control of the minor
children for up to one year
4. Issues Concerning Children (Parenting Time and Decision-Making
Restrained Person is granted parenting time with the minor children.
,-- Parenting time and decision-making

Hearing.
Responsibilities)
Parenting time expire on
JDF 398
R6/13
CITATION ANn
responsibilities
T~MpnRARv
will be considered at the Permanent Protection Orders Hearing or at the next
(next hearing date)
and shall be as follows:
('1\/11 DO("\TCr'T'f"", rmr.r--n
V.: DAY, NOAH IAN
NEARY, JENNIFER
Case Name:
responsibilities
"
['-
expire on
(next hearing date) and shall be as follows:
(name of person)
I
I
Case Number: 15W0844
responsibilities.
Other as set forth in "Other Provision" section 5.
responsibilities
District Court, Case
#_--S. Other Provisions
A Temporary Injunction is hereby entered by this Court that restrains the Restrained Person from ceasing to make payments for
mortgage or rent, insurance, utilities or related services, transportation, medical care, or child care when the Restrained Person
has a prior existing duty or legal obligation to make such payments or from transferring, encumbering, concealing, or in any way
disposing of personal effects or real property, except in the usual course of business or for the necessities of life and requires
the Restrained Person to account to the court for all extraordinary expenditures made after the injunction is entered.
r- ;:De Restrained
rVThe
Person shall not possess and/or purchase a firearm, ammunition, or other weapon.
Court waives all fees and no fees for service should be assessed pursuant to 13-14-102(21)(b),
C.R.S.
The Restrained Person shall not interfere with the protected person at the person's place of employment or place of education and shall
not engage in conduct that impairs the protected person's employment, educational relationships, or environment.
It is further ordered that:

~. ("':";'t;
,.
Date
I certify that this is a true and complete copy of the original order.
Date:
__
CYl~D....L.-1 -
Clerk
__
Law enforcement shall use all reasonable means to enforce this Protection Order.
JDF ~RR
RFi/1~
r. ITATI (')1\1ANn
T>:MPnRIIRY
rl\lll
OOf"'lTerT'f"'I'" f"'IO"':=O
GENERAL
II
II
INFORMATION
This Order or injunction shall be accorded full faith and credit and be enforced in every civil or criminal court of the United
States, Indian Tribe or United States Territory pursuant to 18 u.s.e. 2265. This court has jurisdiction over the parties and the
jubject matter.
partner or child.
NOTICE TO RESTRAINED PERSON

.
You are directed to appear before this Court on the date shown on the front of this form to show cause, if any exists, why this
Temporary Protection Order should not be made permanent.
This Temporary Protection Order shall be made permanent without further notice or service or the Court may continue the
Temporary Protection orders to a date certain. You are notified that the Permanent Civil Protection Order shall remain in effect
until further order of the Court. Such Permanent Order will subject you to Federal Laws restricting firearms possession and sale
18 U.S.C., 922(g)(8), 924(a)(2).
. A violation of a Protection Order may be a misdemeanor, municipal ordinace violation or a delinquent act (if committed by a
violates this Order may be subject to commitment to the Department of Human Services for up to two years.
.
You may be arrested or taken into custody without notice if a law enforcement
If you violate this Order thinking that the Protected Person or anyone else has given you permission, YOU ARE WRONG. and
can be arrested and prosecuted. The terms of this Order can not be changed by agreement of the parties.ONL Y THE COURT
CAN CHANGE THIS ORDER.
Possession of a firearm while this Protection Order is in effect, may constitute a Felony under Federal Law, 18 U.S.C.
922(g)(8).
NOTICE TO PROTECTED PERSON

. You are hearby informed that if this Order is violated you may call law enforcement.
.

against the Restrained Person if the Order is issued in a civil action or request
the prosecuting attorney to initiate contempt proceedings if the order is issued in a criminal action.
You can not give the Restrained Person permission to change or ignore this Order in any way.
NOTICE TO LAW ENFORCEMENT
OFFICERS
said order on the person named/Restrained Person therein and shall write the time, date, and manner of service on the
Protected Persons copy of such Order and shall sign such statement. The officer shall provide the Court with a completed return
of service form. (13-14-107(2-3), C.R.S.)
You shall take the Restrained Person to the nearest jailor detention facility.
You are authorized to use every reasonable effort to protect the Protected Person and named children to prevent further
violence.
. You may transport, or arrange transportation
to a shelter for the Protected Persons.
.r
Muni~ipalCourt
F County Court
Court Address: 1437 Bannock
District Court
r-
Denver Juvenile ["
Denver Probate
County Court, Colorado

- Denver, CO, 80202
St., # 170,
720-865-7275
Plaintiff / Petitioner:
NEARY, JENNIFER
COURT USE ON
v.
Case Number:
Defendant / Respondent:
DAY, NOAH IAN
15W0844
16 Character #:
Division:
Courtroon
Address:
TEMPORARY CIVIL PROTECTION ORDER ISSUED PURSUANT TO 13-14-104.5, C.F

RETURN OF SERVICE
I declare under oath that I am over the age of 18 years and not a party to the action and that I served the Verified
Complain! Motion for Civil Protection Order and the Temporary Protection Order on the
ODefendant
/ Respondent
in
_____________
(date) ---------------
handing it to a person identified to me as the
QSy
leaving it with the
QSy
leaving it with
Plaintiff!
Petitioner
(County) ----------
Q Plaintiff
/ Petitioner
0 Defendant
Q Defendant!
/ Respondent who refused service.
[':lPlaintiff!
Petitioner
Defendant I Respondent.
relationship:
because of the fo
as provided for in C.R.C.P. 4(

to serve the
OJ Plaintiff
/ Petitioner
occasions but have not been able to locate the

Return to the
O~Plaintiff!
Petitioner
Defendant I Respondent
fJ] Plaintiff
/ Petitioner
O~Defendant I Respondent
0 Defendant
I Respondent.
is made on
process server
O~Sheriff,
Fees $,
UFee
Respondent.
(type or write name legibly)
designated to receive service for the
UPrivate
Petitioner
(time) at the following location:
QSY
01 attempted
OPlaintiff!
County
Mileage $
Signature of Process Server

_
waived, Domestic Violence Protection Order

Name (Print or Type)
My Commission Expires:
_
Notary PublicI Deputy Clerk
(dat
DMunicipal Court Dcounty Court

District Court DDenver Juvenile
Probate
11...f37
$'-1- lJM1
County, Colorado
l5Otnnock
Court Address:
o Denver
Filed .
Cay & ~he
v-o/
Petitioner:
Date of Birth:
, Hn
11,'~r
-:j 13'/
N.t4.1
"lPI
CLERK OF COURT
D&I Y
let VI
IV?/t:{ t,
Respondent:
Date of Birth:
JUL 132015
I-i
v.
unk:nowl/
-/11fS
Cf+
Case Number:
E-mail:
Phone Number:
Atty. Reg. #:
FAX Number:
The address of the Protected Person may be omitted from the written order
of the Court. Including the Register of actions.
DCOMPLAINT
DMOTION
COURT USE ONLY
uas
Attorney or Party Without Attorney (Name and Address):
VERIFIED
Coun~ Court
of Denver, COlorado
FOR
CIVIL
R44
\ SWu
\'lo
Courtroom
Division
PROTECTION
ORDER
-:- (name of person) request this Court to issue a Civil Protection

uest state the following:
--:~""';'.i..:-~"';"""""""'~"---t-
1. I am seeking this Civil Protection Order as a victim of the following: (Mark the applicable circumstances.)
DDomesticAbuse
DStalking
(13-14-101(2), C.R.S.)
(18-3-602, C.R.S.)
DSexual
Assault (18-3-402(1), C.R.S.)
D Unlawful Sexual Contact (18-3-404, C.R.S.)

QAbuse
of the Elderly or an At-Risk Adult (26-3.1-101(1) and (7), C.R.S.)
~Physical
2.
Assault, Threat or other situation.
D tY1 V 8r
Ireside or am employed in the County of
)v
.:;I C-l t-,
DCl
I fA Y)
ar&fa..4.:.e,
person) because:
,Sta
/
an?
fa
, State of
{} 0 / () r tit
do,
and
(name of person) resides or is employed in the County of

Of.CQ/orif.do
Jnehdr
tV/h,
/VI i C
er
Y-..f'rJ
Nogh ;J:.l)~J.
and to 'wtJrlur of
I ie. Q. S'm;'ht.
. I know
(name of
hIS
c/(JfheJhC
3. The other Protected Persons are (list full name ,date of birth, sex, and race):
~II
~ ..
Race
Name of Protected ~IOf
Sex
Person
Birth
. ,. . . :: .
.
I
~_ .. ".._.-J..-..:"'_
.: ;,..... ,---t'.

Person
Date of
Birth
Sex
Race
..
01 have completed and attached the form titled "Affidavit Regarding Children" JDF 404 as children are
identified as Protected Persons above.
JDF 402
RS/13 VERIFIED COMPLAINT/MOTIONFOR CIVIL PROTECTION ORDER 2013 Colorado Judicial

Department for use in the Courts of Colorado
Page 1 of 4
(1\
rt"\llr-+
r> .
"
/1"'\'
f""\_.L:.I.:
r'
5.
I believe that I and/or the other Protected Persons named in this action are in imminent danger from
II/oq 6
v
(name of person):
It!"
~Harm
PI{
to my/our life or health if he/she is not restrained as requested.
Jtl Physical
or emotional harm to my/our emotional health or welfare if he/she is not excluded from the family
home or the home of another.
6.
~I request that I be permitted to omit my address from this Verified Complaint/Motion for Civil Protection
6~der, because I fear that including my address will endanger me and/or the other Protected Persons.
lVoa ~ / tfl1 /)t'..<1
7. I request the following relief from the Court that

.....-;.,;,.,..
>.";"'~;'\'.".f.
(name of person):
a) ~Be ordered to refrain from contacting, harassing, injuring, stalking, touching, sexually assaulting,
molesting, intimidating, and threatening me or other protected persons.
b) ~Be
ordered to have no contact
at all with me or the other Protected Persons.
or
DBe allowed only the following limited contact with me or the other Protected Persons: Be specific.
c)
>aBe excluded from my home at (address): If you checked section 6, ~
provide your address.
00
d)ts.se
ordered to stay at least.l

yards from the following places. (address or description)
If you checked section 6, do not provide your address.
~Home:
~~
__ ~
~
~ __
~Work:
Name:
DSchool:
Name:
()J1IVMr/'ty
t1f~(J/U;1!,o
Address:
71_=--_7"'"1__
Address:
DOther:
e)
1J..{;;os'- E,. ~
t{
ve..
--=
alA1Ur71
Co.
_
~----------------
DBe ordered to have no contact with the minpr children and that I be awarded temporary care and
control and Interim Decislon-Maktnq Responsibilities for the children.
or
D Be awarded temporary care and control of the children and that the other person be given Parenting
Time with the children and Interim Declsion-Maklnq Responsibilities as follows: Be specific.
f)
JDF 402
pae
ordered to refrain from molesting, injuring, taking, transferring, encumbering, conceallnq, or

disposing of or threatening harm to an animal owned, possessed, leased, kept or held by me
myrninor
child(ren), or other protected persons. Arrangements for possession and care are as follows:
R6/13
or
VERIFIED COMPLAINT/MOTION
FOR CIVIL PROTECTION ORDER 2013 Colorado Judicial

P"'nI" ':! nf
g)
DBe ordered, if this is a domestic abuse protection order, to not possess and/or purchase a firearm,
ammunition, or other weapon AND to relinquish any firearm or ammunition within the time ordered by the
Court.
h)
~ Be ordered to refrain from interfering with me or other protected persons at our place of employment
or place of education and from engaging in conduct that impairs my or other protected person's
employment, educational relationships, or environment.
i)
DOther:
I swear or affirm under penalty of perjury that the information contained in this Verified Complaint/Motion for Civil
Protection Order is true and correct. I understand that once a Civil Protection Order is issued it cannot be
modified or dismissed by me or the other person without perm~ission of t~e Court.
-=--_~<f.~'A1A~~Od::l4..utd~AI-=
~-~--/
jjp
Attorney, if applicable
.ionertifie;ponci:n't----"'=7
Stop: If you checked box number 6, do not fill in your address and telephone number.
.<..~z:zt.,...,..
.......r
(~'
J~
~~)
::IH..L
::Jcj"'q).c
('f~.''''''''''''''''''''''''~ ~:~).:
k.'I
8.""
( f;' :'
~j~ ~
"\ '~
C/)
tr1
~
t:-1
....o \:.
"':"A"7 -:"r-es-s-------------dd
\C; .."
:~"'
=Te-:'-ep"7h-o-ne-:-:N-um-:b-e-r----------
i~:
, State of
Notice: Colorado Revised Statutes 13-14-105 identifies that a temporary injunction may be issued by the
Court and that upon personal service or upon waiver and acceptance of service by the Restrained Person, is to
be in effect against the Restrained Person for a period determined to be appropriate by the Court. This injunction
restrains the Restrained Person from:
1. Ceasing to make payments for mortgage or rent, insurance, utilities or related services,
transportation, medical care, or child care when the Restrained Person has a prior existing duty or
legal obligation for making such payments.
2. Transferring, encumbering, concealing, or in any way disposing of personal effects or real property,
except In the usual course of business or for the necessities of life.
The Restrained Person shall be required to account to the Court for all extraordinary expenditures made after the
injunction is in effect.
Any injunction issued shall not exceed one year after the issuance of the Permanent Civil Protection Order.
JDF 402 R6/13
VERIFIED COMPLAINT/MOTION FOR CIVIL PROTECTION ORDER 2013 Colorado Judicial

Page 4 of 4

(1\ r"llI-f
rn",u
In.
,...._L~I.!
"
"'
INCIDENT CHECKLIST
WARNING: This form is provided to help you prepare for your hearing, You may keep it or you may
file it with your complaint. IF YOU DO FILE IT, IT WILL BECOME A PART OF THE PUBLIC
RECORD AND WILL BE SERVED ON THE RESPONDENT AS A PART OF THE COMPLAINT,
Type o~ Abuse
Name-calling/Directed Use of
Obscenities
Threatening/Harassing Phone
Calls
Threat to Injure Self
Location Where
Abuse Occurred
y1a Cel/ ph(J~
af
m-
Vit1
h o rrte:
cell
rn l.J
I
phone- a]:
j.,
0 .m..e.,...
Date(s) of
IncldentCs)
7,/0
Physical
Injury, if Any
/r
/flJ
7-/0lr
ieJ
Threat to Injure Others

Threat by Physical or Sexual
Abuse to Children
Threat by Displaying or Pointing
Weapon, or by Access to Weapon
Threat by Cruelty to Animals
Threat by Following
Threat by Damage to Property
Throwing Things
Grabbing
Shoving or Pushing
Forcing Sexual Contact
Physically Abusing Children in
Household
Sexually Abusing Children in
Household
Slapping (with an open hand)
Punching (with a closed fist)
Kicking
Using Weapon
Biting
Choking or Strangling
Beating
Forcing Other to Stay in Closet,
Room, Homes, or Other
Locations
Date:
7 IS ' ;)0/)
'/,
JDF 401
13 J.c>/r
R8/13
JhfJ
INCIDENT CHECKLIST 2013 Colorado Judicial Department for use in the Courts
Police
Contact?
nf r.nlnr::lrln
Relevant Facts
6115/2016
This is the html version of the file http://operationrescue.orglimages/foulstonbrief.PDF.

Google automatically generates himl versions of documents as we crawl the web.
Page 1
District Attorney Nola Foulston

18th1udicial District of Kansas
Office of the District Attorney
535 North M ain
Wichita, Kansas 67203
Supreme Court Number 09175
In the District Court of the

Eighteenth Judicial District of Kansas
Criminal Division
State of Kansas,
Plaintiff
v.
CASE NUM BER 06 CR 2961
George R. Tiller
Defendant
Supporting Legal Authority in Connection

With the State of Kansas Journal Entry ofDism
jr
EXHIBIT A
On the Twenty First day of Decem ber, 2006, Phill Kline, Kan
Relevant Facts
011 !:>IZUl 0
General, caused to be filed a Com plaint and Inform ation against the above-nam ed
Defendant in the Eighteenth Judicial District, District Court, Sedgwick County,
Kansas.
Statutorily, the Attorney General of the State of Kansas was without
statewide authority or jurisdiction to unilaterally file said com plaint in the
Eighteenth Judicial District of Kansas.
The District Attorney for the Eighteenth Judicial District of Kansas presents
the following inform ation in support of her action to dism iss said com plaint for
lack of authority and jurisdiction.
Relevant Facts
The statutes and case law are clear. While the Attorney General is the chief law
enforcement official of the State of Kansas, that office does not have statewide authority
Page 2
to unilaterally pursue criminal charges in jurisdictions where the Attorney General has
not been "invited" or where the County or District Attorney has not "acquiesced" in the
Attorney General's prosecution efforts. The statutory authority, set forth below, further
limits the powers of the Attorney General to appear in civil or criminal actions in the
Supreme Court, however, said Attorney General has no statutory authority to enter a
complaint and information in counties in the state of Kansas without direction or at the
behest of the legislature or governor.
The District Attorney for the Eighteenth Judicial District of Kansas has received
no notification from Governor Sebelius that she has requested that the Attorney General
to pursue a criminal action in the 18th Judicial District, nor has notification been received
of any legislative mandate regarding the pursuing of criminal charges by the Attorney
General in the Eighteenth Judicial District.
The District Attorney has not invited or requested, consented or acquiesced,

or failed to object to (he filing of the Complaint. The District Attorney does in fact
object to any such filing by the Attorney General as he lacks the legal authority to
file such complaint in this jurisdiction.
~------------------------~
p~\i\\P 5 [",,)1"0 ') v(l,'5 t1\ ; e--\Ic.v "
U\ 1(' 0 \,
/~
0I10'",UIO
Relevant Facts
Relevant Kansas Statutes
75-702
Chapter 7S.--STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7.--A TTORNEY GENERAL
~-.-----------------------------------.-------------7S-702. Duties and responsibilities; authority to prosecute. The attorney general

shall appear for the state, and prosecute and defend all actions and proceedings, civil or
criminal, in the supreme court, in which the state shall be interested or a party, ai1CI'snall
also, when required by the governor or either branch of the legislature, appear for the
state and prosecute or defend, in any oilier court or before any officer, in any cause or
~
.
matter, civil or criminal, in which this state may be a party or interested or when the
constitutionality of any law of this ,~tate is at issue and when so directed shall seek final
resolution of such issue in the supreme court of the state of Kansas. The attorney general
shall have authority to prosecute any matter related to a violation ofK.S.A 12-189 or 755133, and amendment thereto, related to unlawful acts when the offender is an officer or
employee of a city or county.
History: L. 1879, ch. 166, 71; RS. 1923,75-702;
ch. 110, 9; July 1.
L. 1975, ch. 431, 1; L. 2005,
The Kansas statutory framework does permit a county or district attorney to

req uest the assistance of the Attorney General.
Page 3
75-704
Chapter 7S.--STATE DEPARTMENTS; PUBLIC OFFICERS AND EMPLOYEES
Article 7.--ATTORNEY GENERAL
75-704. Aid to county attorneys; opinions. The attorney general shall consult
Relevant Facts
6115/2016
with and advise c0.tmty..attornev~ when rennested bv them.., in aU matters ou.taining

to llieIr offiCial nunes. 1ne attorney generar snaIr-also, wnen requireu, give ms or
her opinion in writing, without fee, upon all questions of law submitted to him or
her by the legislature,
or either branch thereof, or by the governor,
secretary
state, state treasurer,
state board of education, or commissioner of insurance.
of
History: L. 1879, ch. 166, 73; R.S. 1923, 75-704; L. 1968, ch. 14, 2; L. 1974,
ch. 364, 15
The District Attorney of the Eighteenth Judicial District of Kansas has not
requested that the Attorney General advise this office, or pursue criminal charges in this
jurisdiction.
RELEVANT KANSAS CASE LAW

In the case of State of Kansas v. Abu Isba, 235 Kan. 851; 685 P.2d 856; 1984,
the issue was whether the attorney general properly appeared as the prosecutor in a
criminal action before the district court. The court reviewed the powers of the attorney
general:
Abu Isba, supra. explains: The constitution and statutes of this state are helpful,
but the specific authority of the attorney general to prosecute cases in the trial courts is
not spelled out in detail. Likewise, our earlier decisions do not reach the question before
us. Article 1, 1 of the Constitution of Kansas designates the attorney general as one of
the executive officers of this state. The constitution is silent as to the attorney
general's powers and duties. K.S.A. 75-702 makes it incumbent upon the attorney general
to appear for the State and prosecute or defend, in any court, any civil or criminal matter
in which the State may be interested, when the attorney general is 'required by the
governor or either branch of the legislature' to do so. Absent gubernatorial or legislative
direction, that statute requires the attorney general to appear and defend only those cases
which are before the Kansas Supreme Court. K.S.A. 75-108 also imposes upon the
attorney general the duty to protect the interests of the State in any action when informed
of such action by the governor.
K.S.A. 19-702 imposes a duty upon the county attorneys to appear in the several
courts of their respective counties and prosecute or defend on behalf of the state all suits,
civil or criminal, arising under the laws of this state, in which the state or the respective
county is interested. K.S.A. 19-711 provides that when the county attorney is disabled,
any court before whom it is his duty to appear may appoint an attorney to act as county
Page 4
611512016
Relevant Facts
attorney. K.S.A. 19-723 authorizes the board of county commissioners to employ an

additional attorney to assist the county attorney.
K.S.A. 75-704 imposes a duty upon the attorney general to consult with and
advise county attorneys, when requested by them, in all matters pertaining to their official
duties. K.S.A. 41-1107 imposes a duty upon the county attorneys to enforce the
intoxicating liquor laws, and when the county attorney neglects or refuses to do so,
imposes that duty upon the attorney general." 234 Kan. at 576.
Unlike the County Attorney in the Abu-Isba case who did not object to the
presence of the Attorney General in that jurisdiction, this District Attorney clearly voices
objection to the Attorney General's usurpation of the power of the duly elected staterepresentative and chief law enforcement official of this jurisdiction. Failure to object to
this unauthorized practice would set an illegal precedent, contrary to statute and case law,
as to the singular power and authority of the District or County Attorney to prosecute
violations of the law in their jurisdiction without interference.
Also citing: State of Kansas v. Jay Don Reynolds, 234 Kan. 574, 673 P.2d
1188 (1984)) attached; State of Kansas v. Charles M. Bowles 70 Kan. 821, 79 P. 726
(1905) attached; State of Kansas v. Berg, 236 Kan. 562, 694 P. 2d 427 (1985)
Wherefore, the District Attorney for the Eighteenth Judicial District of
Kansas takes the foUowing action: Dismissal of State of Kansas v. George R. Tiller,
Case No. 06 CR 2961 on this 22nd day of December, 2006.
Submitted
_sslNola Tedesco Foulston
District Attorney Nola Tedesco Foulston
18th Judicial District of Kansas
Supreme Court Number 09175
6/15/2016
Relevant Facts
~tate of 1!.ansas
~<!Commission on 'Jf uhinal <laualifications

KANSAS JUDICIAL CENTER
301 SWTENTHAvE.,
ROOM 374
785-296-2913
judicialqual@kscourts.org
. ~/,.~~JL
~{l/WO
MEMBERS
OF
October 22,2015
'lIt
V\'W/~
PANEL A
~6
b"ft
p~\.:.fJ
\4 har0.e
CHAIR:
Mary B. Thrower
Judge Member
James Beckley, Jr.

302 W. McKay
Frontenac, Kansas 66763
VICE-CHAIR:
Brenda M. Cameron
Judge Member
Re:
Nancy S. Anstaett
Lawyer Member
Dear Mr. Beckley:
James S: Cooper
Non-Lawyer Member
The Commission met October 2, 2015, at which time the above-captioned

complaint was considered.
Robert W. Fairchild
Judge Member
Norman R. Kelly
Lawyer Member
Lay Member
~ ~tJ
r;r
(etJS..Q~
cc;rJ ,c~G~of
Lh+efesf-
Your complaint against District Judge Lori A. Bolton Fleming and

Docket No. 1286, In the Matter of Robert J. Fleming
--
_------
...
With regard to your complaint against Judge Lori Fleming, it was the decision
of the Commission that your complaint did not contain any new information evidencing
judicial misconduct as defined in the Code of Judicial Conduct and was dismissed.
With regard to your complaint against Judge Robert Fleming, it was the
decision ofthe Commission to docket your complaint and make further inquiry. The
complaint was assigned Docket No. 1286, and the matter will be placed on the
Commission's December 4,2015, meeting agenda.
SECRETARY:
Heather L. Smith
Sincerely,
/!t~L~
Heather L. Smith,
Secretary
mm
August 5,2015
Kansas Commission on Judicial Qualifications

301 S.W. Tenth Avenue
Topeka Ks 66612
Re: Case number 15CV38P
Complaint against Robert Fleming of Labette County District Court 11thDistrict and member of
the "JUDICIAL COUNCIL" which was filed on May 28,2015 and Chief Judge A.J. Wachter of
11thdistrict in Crawford County.
Greetings ethic committee:
I would like to make a complaint against 11thdistrict judges A.J. Wachter and Robert Fleming
for failing to follow Rule No.2 Assignment of Cases(6) of the rules of the eleventh judicial
district which slows down Crawford County Courts which violates Kansas Supreme Court Rule
172 Expedited Judicial Process(a). There is now a conflict in this court case and Supreme Court
Rule 162 and the Departmental Justice Should have assigned this case and not A.J. Wachter.
Judge Wachter has also violated Kansas Supreme Court Rule 107 Duties of Administrative
Judge by failing to properly assign cases to judges who have subject-matter jurisdiction. Judge
A.J. Wachter should have known that Honorable Robert Fleming does not have subject-matter
jurisdiction to hear cases of "WILBERT AND TOWNER" because Robert Fleming used to own
that law firm along with Judge A.J. Wachter. Bill Wachter who is judge A.J. Wachter's brother
is the current owner of "WILBERT AND TOWNER" which is a conflict of interest.
Attorney Steve Stockard is employed at "WILBERT AND TOWNER" and he is an attorney in
this case and therefore it is a conflict of interest under rule 2.11(A) for either A.J. Wachter or
Robert Fleming to hear this case. I have also been a member of a grand jury petition in case
number 2015MR2P and a class action injunctive petition in case number 2015CV79P where both
A.J. Wachter and Robert Fleming are listed as defendants and I feel I can not receive an
impartial judge in this case with Robert Fleming litigating the case. I have also made an ethic
complaint against his daughter-in-law Lori-Bolton-Fleming "which will be heard August 7, 2015
by your commission" because she sent an e-mail" to Bill Wachter to ruin a radio advertisement
to impeach all 11thdistrict judges on "My Town Media" .
II
I have not received due process in this case because attorney Steve Stockard used to work with
Lori-Bolton-Fleming in 2002 as Crawford County Assistant Attorneys and both Steve Stockard
and Lori-Bolton-Fleming are members of "Team Jesus" a band at The Lady of Lourdes Church
where Robert Fleming and his wife Peggy Fleming are Eucharistic Ministers. I feel that is why
"ORDER TO ALLOW FILING OUT OF TIME" was allowed and signed by Judge A.J. Wachter
who did not have "SUBJECT-MATTER JURISDICTION" to sign any "ORDER" in this case. I
also did not receive due process as Kip Sagehorn and Creath Pollak were the only ones who
received this "ORDER" and I had to get a copy from the court once I saw it was on the court
II
docket".
Why is this Eucharistic "Youth" Minister position not on Robert Fleming's financial disclosure
report for 2015? I also don't see the position of "LECTOR" anywhere on his financial disclosure
report which he holds that position as well with Lady of Lourdes Church.
I also would like to complain on the fact that Robert Fleming signed an "ORDER TO DISMISS
MY COUNTERCLAIM" on July 29, 2015 which was two days after he was served the court
summons for case number 2015CV79P where I was one of the class-action plaintiffs and he was
a defendant on July 27, 2015. Robert Fleming should never have been assigned this case to
begin with because A.J. Wachter does not have subject-matter jurisdiction to assign cases where
his brother Bill Wachter's law firm of "Wilbert and Towner" is involved.
Robert Fleming being a chair-person on The Kansas Commission on Judicial Qualifications
should have known to disqualify himself under Rule 27 and Rule 2.11 of Rules Relating To
Judicial Conduct.
I would like to have the "Disciplinary Administrator Oversight Committee" investigate this
matter due to the conflicts of interest with the Kansas Commission on Judicial Qualifications
with Robert Fleming because he was the chair on the Kansas Commission on Judicial
Qualifications even though he never reported this position on ANY" of his previous financial
disclosure reports and I think it's a conflict for panel A or panel B to investigate this matter due
to Rule 2.11(A) since both Panel A and Panel B receive paychecks from the same place and it
should therefore be an economic conflict of interest for either panel to hear this complaint.
II
p.s. Please consider this as a "MOTION FOR CHANGE OF JUDGE" in accordance with Rule
2.11(A) of Rules Relating to Judicial Conduct and K.S.A. 20-311d for any of the judges of Panel
A or Panel B to hear this complaint. In the alternative if the motion is denied then I will be
filing a change of judge with affidavit.
Very truly yours,
JaIDS Beckley Jr.
j~ kt5a{f ~
302W.McKay
Frontenac Ks 66763
~([ommi~~ion on 31ubicial ~ualifitation~

KANSASJUDICIAL CENTER
301 SWTENTHAVE., ROOM 374
.785-296-2913
o\:,
judicialqual@b'O~:
/ r
MEMBERS OF
PANEL A
)4,
tG
August 28.2015
r:
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<~
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CHAIR:
Mary B. Thrower
Judge Member
VICE-CHAIR:
Brenda M. Cameron
Lay Member
Nancy S. Anstaett
Lawyer Member
Captain Jim. Cooper
Non-Lawyer Member
Robert: W. Fairchild
Judge Member
Travis Carlton
1410 N. Smelter
Pittsburg, Kansas 66762
Re:
Docket No. 1269, In the Matter
Dear Mr. Carlton:

The Commission met August 7, 2015, at which time the above-captioned
complaint was considered. It was the decision of the Commission to docket your
complaint and make further inquiry. The matter will be placed on the Commission's
October 2,2015, meeting agenda.
Sincerely,
Donald F. Hoffman
Lawyer Member
(!:~fQ(

Lay Member
SECRETARY:
Heather 1. Smith
Secretary
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Kansas City man charged with threatening Overland Park's Beth Shalom
Jewish congregation
POSTED 4:30 PM. JUNE 23, 2016. BY MICHELLE PEKARSKY AND MELISSA STERN, UPDATED AT 06:59PM, JUNE 2.!. 2016
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OLATHE, Kan. -- A Kansas City man made an appearance in Johnson County Court on Thursday, charged with making a criminal threat
against Beth Shalom, a Jewish congregation
in Overland
Park.
FOX 4 was first to report the threat made on May 31 and the extra precautions
that followed.
22 and on Thursday, appeared before a judge via video conference, accused of threatening
Ave., and four people on the Jewish Community
Campus.
Brian Wachter, 40, was arrested on June
violence against Beth Shalom, 14200 Lamar
Wachter in court
The Johnson County District Attorney's

to "commit violence communicated
ongoing activities
office charges Wachter with violating
Kansas Statute 21-5415a
with intent to place another in fear, or to cause the evacuation,
of any building, place of assembly or facility of transportation,
or evacuation,lock
down or disruption
Blair Hawkins, Director

Center is unrelated
in regular,
or in reckless disregard of the risk of causing such fear
in regular, ongoing activities." (Kansas Statute 21-5415a)
of Security for the Greater
to Brian Wachter's
by allegedly making the threat
lock down or disruption
Kansas City Jewish community,
said the recent threat against the Jewish Community
arrest.
"I was in the middle of teaching preschool camp, working with a group of toddlers,
and the Rabbi informed
me that there had been a
security threat and that the building was on lock down and to just be aware of what was going:' Esty Perman, who works at Chabad
preschool
camp, said when FOX 4's Melissa Stern spoke to her on Tuesday, June 14.
Members
of the Jewish community
the Jewish Community

"Whenever
say they take any threats very seriously, especially following
recent events around the country and
Campus and Village Shalom shootings two years ago.
something,like
the shooting in Orlando, or any terror threats really, whether
they happen locally or somewhere else, there's
nothing we can do about them. We can't physically go fight the bad guys. The onlythingwe
can do is increase in goodness and add more
light to the world:'
Wachter's
Perman said.
bond was set at $25,000 cash or surety and he was ordered to have a mental health evaluation
prior to being released on
bond. Look for more on Wachter on FOX 4 newscasts and fox4kc.com.

After the recent threat, Dr. Helene Lotman, the President and CEO of the Jewish Federation of Greater Kansas City, sent out a letter
online informing
the public of the threat. Lotman said the situation has since been resolved, but emphasized the importance
and communication.
of vigilance
Uear i-nends,
This morning our Jewish agencies became aware of a potential threat to the broader
KansasCitv Jewish community. Working in collaboration with law enforcement
officials, immediate steps were taken by our Director of Community Security to secure
our facilities. Law enforcement has since resolved the situation, and we continue to
work with local and national officials to maintain a safe and secure community.
Our Jewish community facilities remain open with regular security protocols in place,
and normal activities will continue as scheduled. Our No.1 priority IS the safety and
security of our community, and we will continue to communicate with you as needed.
Thank you for your partnership in keeping our community safe-as always, if you see
something of concern, please say something to a security officer or staff member.
Sincerely,
Helene
Man shot by police in River Market charged with assaulting officer
News Brief
Man charged with threatening Kansas City-area synagogue

44
June 24, 2016 2:17pm
SHARES
UTA) - A Kansas City man has been charged

with threatening
a synagogue in suburban
Overland Park.
According to the Kansas City Star,
prosecutors
accused Brian Wachter, 40, of
making an unspecified threat on May 31

against Congregation Beth Shalom. A
Conservative synagogue, Beth Shalom has
A sign for Congregation
roots dating back to 1878, according to its
Beth Shalom (Facebook)
website.
It was not clear whether Wachter's arrest
was related to a security threat to the
Kansas City Jewish community reported
earlier this month. The head of the local
Jewish federation issued a statement
on
June 14 saying that Jewish agencies had

become aware that morning" of a potential
threat to the broader Kansas City Jewish
community."
Brian D. Wachter Johnson (Courtesy of County Sheriff's

Office)
"Working in collaboration with law

enforcement
officials, immediate steps were taken by our Director of Community Security to
secure our facilities," the statement
said. "Law enforcement
has since resolved the situation,
and we continue to work with local and national officials to maintain a safe and secure
community."
Wachter appeared in court Thursday on a single criminal threat count and was jailed, with
bond set at $25,000, the Kansas City Star reported.
In April 2104, a white supremacist killed three people in front of two Kansas City Jewish
institutions: two in the parking lot of the Jewish Community Center of Greater Kansas City
in Overland Park, Kansas, and one in the parking lot at Village Shalom, a Jewish assistedliving facility a few blocks away.
The killer, Frazier Glenn Cross, said he intended to kill Jews, but none of the victims
was Jewish. Cross, who also goes by the name Frazier Glenn Miller, was convicted of three
counts of first-degree murder and sentenced to death earlier this year.
11Never miss breaking news and other must-read features. Like ITA on Facebook
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CRIME
JUNE 23, 2016 9:52 PM
KCman is charged with threatening Congregation Beth

Shalom in Overland Park
HIGHLIGHTS
....................................................................
, ...................
" ............
,. .........................................
" ...
Brian D. Wachter faces a felony count

He is accused of threatening the Jewish congregation on May 31
BY IAN CUMMINGS
icummings@kcstar.com
A Kansas City man has been charged with making a criminal threat against Congregation Beth Shalom in Overland Park.
Brian D. Wachter, 40, faces a single felony count in the case. Johnson County prosecutors accused Wachter of making a
threat against the Jewish congregation on May 31.
No details about the threat were available.
According to court records, Wachter was born in Pittsburg, Kan., and spent time in Las Vegas before living more recently in
Kansas City.
Wachter was in the Johnson County jail, with bond set at $25,000.
Ian Cummings:
816-234-4633, @Ian_Cummings
PEOPLE
REVERSE ADDRESS
REVERSE PHONE
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Looking for a Different Andrew?

Select the right one below.
(j) Andrew J Wachter Age 65+
SEE PUBLIC RECORDS &. BACKGROUND REPORT}
Andrew Wachter
Age 30-34 Pittsburg, KS
>
=~--.---~~
3204 Grand Oaks Dr

Pittsburg KS 66762-8738
SHOW MAP
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More About Andrew Wachter
Andrew J Wachter I
Age 65+ Pittsburg, KS
Andrew Wachter
Age 30-34 Pittsburg, KS
..
>
>
Brian D Wachter
SEE PUBLIC REC'ORDS
Age 40-44
at BACKGROUND
3204 Grand Oaks Dr

Pittsburg KS 66762-8738
REPORT)

Argument and Authoidty: Carlton V KS Dept of Revenue: Petition For Judicial Review of Driver's

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Argument and Authoidty: Carlton V KS Dept of Revenue: Petition For Judicial Review of Driver's

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Cases involving Travis Carlton:

15CV4G, Carlton v. KS Dept of Revenue: Petition for judicial review of driver's

ARGUMENT AND AUTHOIDTY

Lynn, 26 Kan App'd at 81

James Beckley Jr.

Judge Jack Burr

AND COUNSELOR AT LAW

Prince Adebayo Ogunmeno, BA, JD

Tel. (913) 233-2133

Name and Address of Claimant:

Name and Address of Claimant Attorney:

A Concise State of the Factual Basis of the Claim:

During business hours

Crawford County Courthouse

Circumstances of the act, omission. or event complained of:

private citizen association which demands public accountability and advances

The Name and Address of Public Officer or Employee. if known:

Deputy Sheriff Tyrell

Deputy Sheriff Rose

Deputy Sheriff Bob Peters

Nature of the Claim:

The claimant asserts the following claims:

The Extent of Injury:

A Statement ofthe Amount of Monetarv Damages that is being requested:

Prince Adebayo Ogunmeno, BA, JD

COURT USE ONLY

DAY, NOAH IAN

9601 E ILIFF AVE #1527

PERMANENT CIVIL PROTECTION ORDER ISSUED PURSUANT TO 13-14-106, C.R.S.

Protected Person alleges Weapon Involved

Full Name of Protected

Full Name of Protected Person

by the Brady Handgun

shall have no contact

.IOF 399 R6/13

V.: DAY, NOAH IAN

Exclusion from places.

12605 E 16TH AVE AURORA, CO

Care and Control Provisions

4. Issues Concerning Children (Parenting

Parenting time is granted, expires on

(date) and shall be as follows:

Time and Decision-Making

(date) and shall be as follows:

shall have sole decsion making-responsibilities.

Other as set forth in the "Other Provision" section.

shall be as previously ordered by the

V.: DAY, NOAH IAN

A Temporary injunction is hereby entered by this Court and is in effect until

6. Mandatory For Domestic Abuse Protection

It is further ordered that

Protection Order is identical to the Temporary

Protection Order and does not require service on the Restrained

Served Restrained Party in Open Court on 07/27/2015

receipt of this Order or

Print Name of Judicial Officer

I certify that is true and

IMPORTANT INFORMATION ABOUT PROTECTION ORDERS

NOTICE TO RESTRAINED PARTY

Possession of a firearm while this Permanent

officer has probable cause to believe that you

Protection Order is in effect, may constitute a Felony under Federal Law, 18

NOTICE TO PROTECTED PARTY