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This complaint is against Mary Thrower regarding docket number 1270, In the Matter of Lori A. Bolton
Fleming and the continued February 23 meetings for lack of quorum against Robert Fairchild, Jeffry Jack,
Kurtis Lay, A.J. Wachter, Lori Bolton Fleming, Robert Fleming, Oliver Lynch, Janice Russell, Richard Smith,
and John Sanders and the complaint against Kurtis Loy, A.J. Wachter, Lori Bolton Fleming, Robert
Fleming, Jeffry Jack, Oliver Lynch, Richard Smith, and John Sanders that have both been continued again
until April fools day on April 1, 2016
I would like to complain against Panel A judges Mary B. Thrower of your committee for violations of Rule
2.3 Bias, Prejudice, Harassment, and Responsibility to Decide Rule 2.7 and Disqualification Rule 2.11(A}.
She failed to have Judge Robert Fairchild properly disqualify himself from hearing my complaint on
February 23,2016 that was sent in on November 23, 2015 and already continued from the December
2015 meeting against "Kurtis Lay, A.J. Wachter, Lori Bolton Fleming, Robert Fleming, Jeffry Jack, Oliver
Lynch, Richard Smith, and John Sanders in accordance with Rule 2.7 and 2.11 due to bias and prejudice
under Rule 2.3 because I have a pending complaint against him that has been continued from the
December 2015 meeting and again on February 23, 2016 with Robert Fairchild, Jeffry Jack, Kurtis Loy,
A.J. Wachter, Lori Bolton Fleming, Robert Fleming, Oliver Lynch, Janice Russell, Richard Smith, and John
Sanders. Mary B. Thrower is the chair of panel A and she worked with Robert Fleming in the matter of
Sarah Peterson Herr 2012SC94 and it was a conflict ofinterest for her to hear any of my complaints on
Robert Fleming and his daughter-in-law Lori Bolton Fleming. Mary Thrower should have recused herself
in accordance with Kansas Supreme Court Rule 602(g) from participating in docket number 1270 in the
matter of Lori Bolton Fleming but she stayed with was a violation of Rule 2.11(A}. Her incompetence
with failing to properly schedule enough judges for a "proper guorum" on December 2015 and February
23,2016 shows that we need a different chair who does not create meetings of "lack ofguorum"
because judges are disqualified under Rule 2.7 and Rule 2.11(A} of Rules Relating To Judicial Conduct.
She has also failed to properly supervise Lawyer member Nancy S. Anstaett, who should have been
disqualified being on Panel A for the December 22, 2015 complaint on docket number 1270 in the
matter of Lori Bolton Fleming because she violated Article 3, Section 15 of Kansas Constitution which
says "A Brief History of The Commission" in 2013 Annual Report says "AH members are appointed by the
Supreme Court and serve four-year terms with a twelve-year term limit". This violates Article 3, Section
15 of the Kansas Constitution because I have included a picture of her showing that she has been a
member with the commission on judicial qualifications since July of 2002. Twelve years from her
original start in 2002 would be July of 2014 which would have been up a year and a half ago. It also
shows on the 2013 Members list that her term does not expire until June 30, 2017! How can that be,
that is 15 years on the committee and 3 years longer than the 12-year limit allowed to members to serve
on the commission. Mary Thrower as a chair is also allowing Honorable David J. King to plan to exceed
his 12-year limit as well since he started with the commission in November of 2004 but it says that his
term expires on June 30, 2017 which is approximately 7 months past his expiration term of November of
2016. After reading when past judges had started with the commission it seems that several of them
exceeded there 12-year term limit and they are the following: J. Patrick Brazil who started in 1984 but
was on the commission in 2013 which is 29 years on the commission, Theodore Ice who started in 1994
but was on the commission in 2013 which is a 19-year term he served, Bruce Buchananon who started in
May of 1999 and was still on the 2013 commission which was 14 years on a 12-year limit, Robert
Fleming who started in May of 1999 with Bruce Buchanan and was still on the commission in 2013 which
exceeded his 12-year term, and Mikell. Stout started with the commission in 1984 but somehow he was
still on the 2012 member list which shows he served a 28 year term of his 12-year limit.
Mary Thrower is the chair of panel A and she needs to be reprimanded for failing to properly supervise
12 year terms.
The above mentioned judges were also co-defendants with Robert Fleming when Erik R. Yost sued the
Kansas Commission on Judicial Qualificotions as a Plaintiff vs. MIkel S. Tout, Jennifer Jones, Nancy
Anstatett, Patrick Brazil, Theodore Ice, Christina Pannbacker, William Swearer, Carolyn Tillotson, Robert
Fleming, Bruce Buchanan, Mary Davidson Cohen, Robet Creighton, David 1. King, and Lawrence Sheppard
in the United States Court of Appeals, Tenth Circuit NO. 09-3099 which would violate Kansas Supreme
Court Rule 602(q) as well. Therefore Nancy Anstatett should never been allowed to hear docket
number 1270 in the matter of Lori Bolton Fleming and the meeting on December of 2015 containing
docket number 1268 needs a RE-VOTE WITH JUDGES AND NANCY ANSTAEIT THAT DO NOT VIOLATE
RULE 2.7 AND RULE 2.11(A) and KRPCRule 1.7.
The committee has also shown bias and prejudice against me by allowing several people in Crawford
County to file "JOINT COMPLAINTS ON JUDGES" but "DISCRIMINATED" against me by saying that I was
only allowed to complaint on 1 judge at a time. In The Kansas Commission on Judicial Qualifications
letter dated December 22,2015 to me, your letter says "The email that you submitted as the basis for
your complaint does not appear to exist in the complained-of form but rather appears to be significantly
altered or incomplete version of the email that was actually sent".
Well what part of the email was altered? Didn't it show the email came from a public computer at 01:43
P.M. and Lori Fleming admitted she sent an email? Does your committee have to re-vote when judges
and lawyers that hear a complaint where they had no jurisdiction to hear it like Nancy Anstaett and
Mary Thrower because of their past history with Robert Fleming?
And the main reason ~am complaining on Mary Thrower is that she is the chair of Panel A and she failed
to comply with its duties on time as the 2014 annual report was not done by your commission in April of
2015 like every year before it!
Please appoint another commission to investigate these issues and why the annual report for 2014 was
not done until the end of 2015 and not by April 2015 like it should have been completed. How can the
people look at any of the examples of advisory or misconduct if the commission can not even get there
annual report done the following year like they have done every other year but 2015. Every other
annual report is done in April the following year! That is almost 8 Months too long, and I made several
complaints in 2015 after April of 2015 and I would have liked to have been able to read the "IMPROPER"
AND "PROPER", AND "ADVISORY" examples from 2014 so I could have known how to make better
complaints but your commission failed to get the annual report done by April of 2015 and instead I was
not able to use it for any research and Mary Thrower needs to be investigated why this took so long.
Also why was Robert Fleming allowed to be on the commission from May of 1999 to 2013 when it says
on the ~013 report that his term ends on June 30, 2014? "A Brief History ofThe Commission" in 2013
Annual Report says "AII members are appointed by the Supreme Court and serve four-year terms with a
twelve-year term limit". This violates Article 3, Section 15 of the Kansas Constitution. Mary Thrower
worked with Robert Fleming and she should have recused herselffrom docket number 1268 in the
matter of Lori Bolton Fleming and the December 2015 meeting needs a "RE-VOTE".
According to Rule 602(C) There should have been a vacancy for Robert Fleming after 2011 since he
started in 1999 and his qualifications for the appointment of being a member for the commission were
no longer met since he had exceeded his 12 year limit!
Mary Thrower being the chair of Panel A has also violated Supreme Court Rule 602(g) which says "If the
commission anticipates difficulty in discharging its responsibilities due to the disqualification or
unavailability of its members, the Supreme Court, upon request of the chair or vice-chair of the
commission, may appoint temporary commission members to serve as specified. I think the fact that I
am part of a civil class-action lawsuit in case number 15CV79P against Panel A and Panel B would have
been evidence of a need for a disqualification by all the judges of Panel A and Panel B in accordance with
Rule 2.7 Responsibility to Decide and Rule 2.11(A) Disqualification. I think the fact that I had filed a
complaint against Robert Fairchild back in November of 2015 and it takes not one but two meetings the
December 2015 and February 2016 and Robert Fairchild still does not disqualify himself before February
23,2016 which wasted everyone's time including mine.
Mary Thrower also failed to properly issue a "LEDER OF INFORMAL ADVICE" with docket dismissal 1268
in accordance with Rule 609 Investigation. An "examiner" of your committee contacted me and
informed me that Lori sent the email but it did not say what the altered version said. So according to
Rule 609 it says that "The judge shall be contacted during the investigation, and shall be advised
informally that an investigation is being made, and the subject thereof'. Where is the "informal advice"
Lori Fleming should have received? How does a complaint get docketed from August 2015 until
December of 2015 and the judge does not at least receive a caution or informal advice???????
Why did the committee at the very, very, least not at least follow Rule 610 "Dismissal-Notice; Letters of
Caution and Informal Advice" and issue Kurt Loy and Lori Fleming a caution for the "posse comeaut
comment" or informal advice to not be using judicial letterhead at 01:43 p.m. for her private business,
and having ex-parte conversations with her former law partner?
P.5. Please re-open the investigation of Lori-Bolton-Fleming since one of your members of Panel A Nancy
Anstaett exceeded her 12-year limit which should have disqualified Nancy S. Anstaett from voting in the
-,
Sincerely, //y// ~
Kasey King ;1:l'
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(!Coluntission on Jf umcial <!aualtftcattons
K\NSAS JUDIC[,\[, CENTER
301 SWTENTIJ AYE., ROOl\1374
TOPEKA, Kl\NS[\S 66612
785-296-2913
judicialqual@kscourts.org
MEMBERS
PANEL A
OF
P~I~?,(
CHAIR:
Kasey King
fJk~tll(A)
:'lIar)"B. Thrower
Judge ;\Iember P. O. Box 101
Opolis, Kansas 66760
fJ
VICE-CHAIR:
Brenda :'II. Cameron Re: Your complaint against Distric Judge Robert W. Fairchild,
Judge ~Iember
District Judge Jeffry L. Jack, Disffict Judge Kurtis 1. Loy,
Nancy S. Anstaerr Chief Judge A. 1. Wachter, Distr ct Judge Lori A. Bolton Fleming, .
Lawyer Member District Judge Robert J. Fleming,1 District Judge Oliver K. Lynch,
Senior Judge Janice D. Russell, Senior Judge Richard M. Smith, and
James S. Cooper
Senior Judge John E. Sanders I
Non-Lawyer Member
mm
~tate of JRansas
February 23,2016
CHAIR:
~Iary B. Thrower
Judge :'Iember
Kasey King
P. O. Box 101
VIC - Opolis, Kansas 66760
Brenda :\1. Cameron
Judge :\Iember
Re: Your complaint against District Judge Kurtis I. Loy, Chief Judge A. 1.
Nancy S. Ansraerr Wachter, District Judge Lori A. Bolton Fleming, DistrictJudge Robert 1.
Lawyer ;'Ilember Fleming, District Judge Jeffry L. Jack, District Judge Oliver K. Lynch,
Senior Judge Richard M. Smith, and Senior Judge John E. Sanders
James S. Cooper
Non-Lawyer Member
Dear Mr. King:
Roberr W. Fairchild
Judge Member The Commission met February 5, 2016, at which time the above-captioned
complaint was listed on the meeting agenda. The matter was, however, continued due
Norman R. Kelly
Lawyer Member to a lack of quorum as Judge Cameron and Judge Fairchild recused. The matter will be
placed on the Commission's April i, 2016, ~eting agen&
Rep. \Taldenia C. \'\'inn
Lay Member Thank you for your continued patience as the Commission does its work.
mm
P~~~OI
K~'\SAS JUDICIAL CENTER
301 SW TENTH AVE., ROOM 374
TOPEKA, KA0ISAS 66612 .
785-296-2913
judicialqualrjjkscourts.org .
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:\1DIBERS
PANEL A
OF Dece nber 22.2015 5L'fl(~fuf~vto;C~)
CHAIR:
Kasey King
Mary B. Thrower
Judge Member P. O. Box 101
Opolis, Kansas 66760
Captain Jim Cooper The Commission met December 4,2015. at which time the above-captioned
Non-Lawyer Member complaint was considered. It was the decision of the Commission that your complaint
against Justice Johnson and Judges Smith & Mazurek contained no facts evidencing
judicial misconduct as defined in the Code of Judicial Conduct and was dismissed.
Donald F. Hoffman Please note that, in the future, the Commission will only consider complaints
Lawyer Member
that are against a single judge and contain a statement of facts which support each
Rep. Valdenia C. Win individual allegation.
Lay Member
Thank you for bringing your concerns to the attention of the Commission.
SECRETARY:
Heather L. Smith
j Sincerely,
S hou~
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Chair
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~tate of ItallSJS
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(!COlnlnission on jJubida{ @ualificRtiollS
K-\,\SAS JUDICIAL CE:\TER
301 SW TENTH AVE., ROOM 374
TOPEKA, KANSAS 66612
785-296-2913
judicialqual@kscolltis.org
ME\lB£RS OF
PANEL A
CHAIR:
Mary B. Thrower
Judge Member
___ ~7l,LJ~ N-L;-e ('C"CGS~ {/~ ~S
~ / C6IVLt7/~~ V\.~
Kasey King
P. O. Box 101
Opolis, Kansas 66760
Robert W. Fairchild
The Commission met December 4, 2015, at which time the above-captioned
Judge Member complaint was considered. It was the decision of the Commission that your complaint
contained no facts evidencing judicial misconduct as defined in the Code of Judicial
Donald F. Hoffman Conduct and was dismissed after investigation.
Lawyer Member
Rep. Vaidenia C. Winn Thank you for bringing your concerns to the attention of the Commission.
Lay Member
Sincerely,
~
SECRETARY:
Lj~0~
Heather L. Smith
SAt? u\c\ 0'
:\lary B. Thrower,
Chair
h~'Ve f'ccv)("4.
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Kasey King
P. O. Box 101
Opolis, Kansas 66760
VICE-CHAIR:
Brenda \1. Cameron Re: Docket No. 1270, In the Matter of Lori A. Bolton Fleming
Judge Member
Dear :"k King:
SECRETARY:
Heather L. Smith J) Thank you for bringing your concerns to the attention of the Commission.
Sincerely,
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MBiB£RS OF
PANEL A Kasey King
P. O. Box 101
Opolis, Kansas 66760
CHAIR:
Mary B. Thrower
Re: Your complaint against District Judge Robert W. Fairchild,
Judge Member
District Judge Jeffry L. Jack, District Judge Kurtis 1. Loy,
VICE-CHAIR: Chief Judge A. 1. Wachter, District Judge Lori A. Bolton Fleming,
Brenda \1. Cameron District Judge Robert 1. Fleming, District Judge Oliver K. Lynch,
Judge Member Senior Judge Janice D. Russell, Senior Judge Richard M. Smith, and
Senior Judge John E. Sanders
Nancy S. Anstaett
Lawyer Member
Dear \fr. King:
James S. Cooper
Non-Lawyer Member The Commission met December 4, 2015, at which time the above-captioned
complaint was listed on the meeting agenda. The matter was, however, continued due
to a lack of quorum and will be placed on the Commission's February 5, 2016, meeting
agenda.
Norman R. Kelly
Lawyer Member ~ Thank you for your continuing patience as the Commission does its work.
~
Rep. Valdenia C. Winn C~cI() 1J I .
Lay Member ). _ !O'\..lI\.ovv ~ {eL--c.~ Sin erely,
mm
In the Matter of )
)
Sarah Peterson Herr, )
Respondent. )
)
Procedural}{~tory
2013 MEMBERS
•.
·---------2013ANNuALREPORT. PAGE 1-----------+t