STATE OF KANSAS

STANTON A. HAZLETT 701 SW Jackson St.

Disciplinary Administrator 1'1 Floor
KIMBERLY L. KNOLL Topeka, Kansas 66603-3729
KATE F. BAIRD Telephone: (785) 296-2486
DEBORAH L. HUGHES Fax: (785) 296-6049
PENNY R. MOYLAN
MATTHEW J. VOGELSBERG GAYLE B. LARKIN
DANIELLE M. HALL Admissions Attorney
Deputy Disciplinary Administrators
OFFICE OF
THE DISCIPLINARY ADMINISTRATOR

February 8, 2018

Mr. Thomas Walters

213 E. Carlton
Pittsburg, Kansas 66762

Re: Complaint - Bernard Rhodes, Dennis Depew & Stephen Phillips

Dear Mr. Walters:

I have reviewed your letter of complaint naming attorneys Bernard Rhodes, Dennis Depew
and Stephen Phillips. Your complaint arises largely out of arguments advanced in a recent
federal court hearing. You also complain about the tone of a conversation that you reportedly
overheard among the attorneys.

It appears that you have taken offense to the reference made by counsel in argument to
getting more than one bite of the apple. You pose the question "Why is that Mr. Rhodes and
Mr. Depew are eating fruit in court?", pointing out that each lawyer referred to having more
than one bite of an apple. You suggest that it was your impression that the comments were
inappropriate.

Your complaint against the attorneys does not have merit. The comments were made during a
hearing on a Motion for Summary Judgment. A lawyer's (or any other person's) reference to
having more than one bite of the apple typically refers to a person seeking a second chance or
opportunity. The reference to does not violate the Kansas Rules of Professional Conduct.

The complaint is dismissed pursuant to the authority granted in Supreme Court Rule 209.

I~U~3)
~ate F. Baird
Deputy Disciplinary Administrator

KFB/59

cc: Bernard Rhodes

Dennis Depew
Stephen Phillips