November 19, 2017

The Attorney Generals Office

120 SW 10th St. Memorial Building 2nd Floor

Topeka Ks 66612

OUSTERCOMPLAINT

Pursuantto K.S.A.60-1206(a)(b)

This is an "Ouster Complaint against Crawford County Sheriff Dan Peak and Crawford
County Sheriff Deputy Stuart Hite of 225 N. Enterprise in Girard Kansas 66743 under K.S.A.b 0 -
1205 Grounds for Forfeiture of Public Office and Instituting Ouster Proceedings K.S.A.60-
1206(a)(b) for violating K.S.A.60-1202(1). Proceedings to oust a state officer shall be
commenced only by the attorney general. This complaint needs sent to the attorney
generals office because of the "willfulness" than Dan Peak and Stuart Hite have conducted.

I recently received a letter from the attorney generals office dated November 9, 2017 from
a complaint that I sent their office back on May 7. 2016. It reminded me that I never
received any information from Sheriff Dan Peak on the complaint I sent in on his deputy Stu
Hite back in November of 2015. Dan Peak is not properly responding to complaints as he
never even notified me if he received my complaint or if it is still under investigation like
my complaint I sent in May 7. 2016 against Attorney General Derek Schmidt, Deputy
Attorney General Dennis Depew. and Assistant Attorney General Stephen Phillips and
Carrie Barney.

Sheriff Dan Peak allowed his deputy Stuart Hite to go to Denver Colorado in July of 2016 to
interview Noah Day about the grand jury petition signatures and other possible criminal
activity that SJGmembers were committing after I sent him a complaint in November 22.
2015. Dan Peak should have known that since I previously complained on deputy Hite in
November of 2015 that (NO ONE IS ALLOWEDTO DOANYTHINGIN 15MR2P) because it is
a (SEALED)case. In the case of 15MR2P you can't even get a copy of the court ROAso there
is (NO WAY)Stuart Hite received an (ORDER)from the judge in 15MR2P to go around and
check signatures. Stuart Hite also had a conflict of interest to investigate 15MR2P because
Stu Hite's wife Amy was on the "grand jury petition flyer" in case number 2015MR2P to
oust the judges seen drinking wine with judge Lori Fleming as deputy Stuart Hite is
conversing with attorney Kyle Fleming while he has an alcoholic beverage in his hand.

Dan Peak allowed Stuart Hite to retaliate not once, but several times against people that
signed the petition because of this. Stuart Hite has harassed and intimidated Connie Gibbs.
GayGrisham, Steven Kissane all in October of 2015 about signing the grand jury petition.
Who knows how many other people detective Hite went around to intrude into a grand
jury petition to check signatures without a court order from the judge that we just have not
heard about Dan Peak failed as a supervisor for allowing Stu Hite to check signatures
without a court order in the month of October of 2015 and shows that he has {N.QI
TRAINEDDEPUTYHITE PROPERLY).

Dan Peak made even a (BIGGERMISTAKE)in July of2016 when he allowed his deputy Stu
Hite to go out again and fly to Denver Colorado to continue to investigate the grand jury
petition in 15MR2P when the case was still sealed and no knew orders had been issued in
the case since the last time Deputy Hite went around in October of 2015 to check for forged
signatures because he was mad because his family was advertised on a grand jury petition.

Noah Day informed Kasey King that the (ENTIREINTERVIEW)from July of 2016 is
recorded by deputy Stu Hite. Noah also wrote a letter to his previous attorney and stated
that Stuart Hite is leading an investigation that has harassed, threatened. intimidated, and
flat out "LIED"to people that have signed a "SEALEDGRANDJURYPETITIONIN CASE
NUMBER15MR2P" without any "ORDER;'or "AUTHORITY"to do so.

I have included the letter that Noah Day sent to attorney Ogunmeno and the complaints
that his girlfriend Michelle Smith sent about this serious violation of constitutional rights
from the incident in July of 2016 when deputy Rite flew to Denver Colorado in his police
uniform.

I have also included the copy of the complaint I sent back in November 22, 2017 on deputy
Hite that went to Dan Peak that he never responded to.

I have also included a recent complaint I made against chief judge of the 11th district A.J.
Wachter who is one of the judges that was on the grand jury petition in case number
15MR2P that deputy Hite was so concerned about who signed the petition and who didn't.

In accordance with Kansas Supreme Court Rule 607(c) which states that the rule qf
confidentiality does not qlW1y to the complainant or to the respondent I have included the
complaint that I sent in on chief judge AJ. Wachter of the 11 tit judicial district which led to
docket number 1332, In the Matter of AJ. Wachter where he received a {private cease and
desistorckrJ and in accordance with Supreme Court Rule 611, he had 20 days after service
of the order to either accept or refuse the order. If accepted, they become the Commission's
findings, qnd conclusigns. I also included the copy from the Columbus newspaper of chief
judge AJ. Wachter's resignation within the 20 days because he violated the code of judicial
conduct from my complaint.
This is the same man whose picture is on the grand jury petition in 15MR2P that Stu Hite
and Dan Peak seem to be so worried about someone signing a petition to oust him. Wow, it
looks like we were right when we started the grand jury petition back in January of 2015 to
oust judges of the 11th district for unethical behavior. How can we expect the judges of the
11th district to be honest and ethical when the chief judge is reprimanded by the
commission and he has ~oresign immediately before his retirement is due in December of
2017.

It seems that Julie Stover-King also received a private order of cease and desist regarding
delay on chief judge A.J.Wachter in docket number 1334, In the Matter of A.J.Wachter. In
Ms. Stover-King's complaint it says that "It was the decision of the Commission to issue a
private order of cease and desist regarding delay. It was further the decision Q,fthe
Commission to and no violation as ta the remainder a/the complaint as there were no facts
establishing reasonable cause to support a finding that the judicial code had been violated.

Please investigate why sheriff Dan Peak allowed his deputy Stu Hite to intrude into a 1st
amendment right protected grand jury petition in October of 2015 and again in July of 2016
after I sent him a complaint in November of 2015 showing my concern of the situation.

Please reprimand sheriff Peak and deputy Hite for their unethical misconduct and intrusion
into a private grand jury petition which violated the 1st amendment right to freedom of
speech and for sheriff Peak failing to ever investigate the complaint I sent dated November
22, 201~and failing to properly train Deputy Hite about the contract he signed when he
signed his (OATHOF OFFICETO UPHOLDTHE CONSTITUTION).

Amendment 1 of The United States Constitution states that "Congress shall make no law
respecting an establishment of religion, or prohibiting the free exercise thereof, or
abridging the freedom of speech. or of the press; or the right Q[tbe people peac;eably to
assemble and petition the government for a redress Q,{grievances.
The ouster statute requires "(willfulness), "the acts complained of must be willfully and
intentionally done." State ex reI. Stovall v. Meneley, 2000 WL 34001576 at *28 (Kan. Dist.
ce, Feb. 24, 2000) (citing State ex rel. v. Scates, 43 Kan. 330. 23 P. 479 (1890); State ex reI.
v. G'Irinkle, 70 Kan. 396, 78 P. 854 (1904); State ex rel. v. Foley, 107 Kan. 608, 193 P. 361
(1920) State ex reI. v, Wilson, 108 Kan. 641, 196 P. 758 (1921); State ex rel, v. Duncan, 134
Kan. 85, 4 P.2d 443 (1931). Although the ouster statutes do not contain a definition of
willfulness, the term has been defined to mean an act "performed" with a designed purpose
or intent on the part of a person to do wrong or to cause an injury to another." PIK Civ. 3d
Section 103.04. The intention of the officer is the key. S. Gard and R. Casad. Kansas Code of
CivilProcedure Annotated 3d Section 60-1205 (1997) (citing State ex rel, Hopkins v. Foley 1

107 Kan. 608, 193 P. 361 (1920).

 Crawford County Sheriff Dan Peak and Crawford County Sheriff Deputy Stu Hite failed
to consider Constitutional grounds when they usurped their power and intruded into the
sealed in the matter of the grand jury petition case number 15MR2P without a court order
and violated our constitutional 1st, 5th• and 14thamendment rights were violated in that
case under the U.S.Constitution under color of law. All the people that have singed the
grand jury petition in 15MR2P have been deprived of due process and equal protection
under the law. (See Peters v. Kiff, 407, U.S. 493,502 (1972).)

P.S.Can you also explain to me why it took your office from May7, 2016 until November
9, 2017 to investigate an ouster complaint I sent to your office against Attorney General
Derek Schmidt, Deputy Attorney General Dennis Depew, and Assistant Attorney General
Stephen Phillips and Carrie Barney. Idon't understand because Ijust recently made an
ouster complaint against judge A.J. Wachter on August 30, 2017 which your office already
responded to before the complaint Isent all the way back in May 7, 2016.

Sincerely,

. 0 s Walte;s )

~21
tPJ7l~ Wa
E. Carlton

Pittsburg, Ks 66762
KANSAS COMMISSION ON PEACEOFFICER'SSTANDARDS ANI) TRAINING

1999 N. Amidon Suite 350

Wichita, Ks 67203

November 22, 2015

Greetings:

I would like to make a complaint against Crawford County Sheriff Deputy/K.B.!. officer Stuart Hite for
usurpation of his public office under K.S.A. 60-1202(1)(2)(5). I have heard that Stuart Hite Is leading an
investigation that has harassed, threatened, intimidated, and flat out "LIED" to people that have signed
a "SEALED GRAND JURY PETITION IN CASE NUMBER 15MR2P" without any "ORDER" or "AUTHORITY" to
do so. Stuart Hite is mad because he is good friends with judge Lori Fleming and attorney Kyle Fleming
because they are lecturers and Eucharistic youth ministers at lady of Lourdes church together. They are
also members of the private Crestwood Country Club together and that is why there are pictures of Amy
Hite and Lori Bolton-Fleming drinking wine together while Stu Hite allows Kyle Fleming to drink wine and
somehow neither of the Fleming's received a OUt that night. Stu Hite's wife Amv was on the "grand jury
petition flyer" in case number 201SMR2P to oust the judges and he is retaliating against people that
signed the petition because of this. This case is sealed and' don't think there is an "ORDER" in this
Crawford Count District Court case that Judge Richard Smith has signed any "ORDERS" in case number
15MR2P for Stu Hite to investigate people that signed the grand jury petition. I have heard that Stu
Hite was told to do this by the judges of the 11th district who are "DEFENDANTS" in case number
15MR2P and 3 of the judges in that case have been docketed by the Kansas Commission on Judicial
Qualifications in the matters of Lori Bolton-Fleming 1242 to 1285, Kurtis Loy 1278 and 1279, and Robert
Fleming 1286. Lori Bolton-Fleming, Robert Fleming. and A.J. Wachter are all members of Crestwood
Country Club and Lady of Lourdes Church with Stu Hite. Kurt Loy is a member of Crestwood Country
Club with Stu Hite so it is a conflict of interest for Stu Hite to investigate his private church and country
club members.

I have been informed that Stu Hite went to Connie Gibbs place of employment without an "ORDER"
from judge Smith in the sealed grand jury petition in case number 15MR2P to harass her and ask her if
she signed a grand jury petition. Stu Hite or one of his K.B.!. officers interrogated Connie Gibbs about
signing a grand jury petition and if she know Eric Muathe, Kasey King, and Julie Stover on the date-of
October 29, 2015 at her employment of Smile Center! The cops asked her if she knew Eric Muathe and
she said "yes" and they said "Well we took his car and we are going to take his house next" I! I f This is
total retaliation by the judges of the 11th district which violates Rule 1.3 Inappropriate use of the
Prestige of judicial office, Cooperation with Disciplinary Authorities Rule 2.16{A)(B)(C) and total violation
of Kansas Supreme Court Rule 223 Immunity.
 How can the K.B.!. go to someone's work place and ask questions about the grand jury petition unless
someone signed a "COMPLAINT" or was given an order by a judge or the attorney general? Please
investigate this matter and find out why Crawford County Sheriff's Department and K.B.!. is retaliating
against people which is not allowed under Rule 2.16(A){B)(C) and asking them about signing a "SEALED
GRAND JURY PETITION'I when instead they need to be focusing on the inappropriate-emaillori Fleming
sent since the investigator assigned to the "in the matter of lori Bolton-Fleming investigation which I
have docket number 1245" informed Eric Muathe on November 20, 2015 that Lori Fleming did in fact
send the e-mail but the investigator thought Kurt loy was the one who said "posse comeat". It would
also be nice if the attorney general's office would be more concerned about people who almost get
killed by a drunk driver like the case of State vs. Matthew Grotheer case number lSCR46-G rather than
retaliate against people who signed a grand jury petition now that it comes out that the judge in
question Lori Bolton-fleming "DID SEND THE EMAIL"!! She also heard case number 15CR46-G which
was a conflict of interest because she did not wait (5) years like the order in case number 12lM356P
Ii
that was signed by Judge Lynch. She also "RETAlIATED against Steve Melton because his son "SETH
MELTON" signed the grand jury petition and I have included his signature for evidence of this violation
of Rule 2.16(A{B)(C) by Lori Bolton-Fleming and chief judge AJ. Wachter.

Please investigate this matter and why Stuart Hite is leading a K.B.!. investigation and going to people's
house like "Steve Kissane" at the address of 1507 N. Grand on a Friday night in suits and ties trying to
use scare tactics by asking them "if they really signed the petition". Stuart Hite needs to be investigated
immediately because he is such good friends with the Fleming's, Loy's, and Wachters that he needs to
be disqualified from this investigation for conflict of interest and needs investigated for him usurping his
public servant position and forgetting that he is here to in fact serve the public.

Please investigate this matter for a serous crime of "INTRUDiNG INTO A SEALED GRAND JURY PETITION
WITHOUT AN ORDER".

Sincerely,

Thomas Walter~.I / Z;;/

213 E. Carlton - ~~~ott. at-
Pittsburg, Ks 66762

Docket Number 1245, In the Matter of Lori A. Bolton Fleming

P.S. I don't want the K.B.t. harassing me without a search warrant asking me if I signed a grand jury
petition. 1. Yes I signed the petition 2. Yes I have signed ethic complaints 3. No way have J or would I
ever forge a signature so please don't come to mv place of employment and harass me like Connie Gibbs
was the victim of.
 STATE OF KANSAS
OFFICE OF THE ATTORNEY GENERAL

MEMORIAL HALL
DEREK SCHMIDT
AnORNEY GENERAL November 9,2017 120 SW 10TH AVE .. 2ND FLOOR
TOPEKA. KS 66612-1597
(785) 296-2215 • FAX (785) 296·6296
WWW.AG.KS.GOV

Thomas Walters
213 E. Carlton
Pittsburg, Kansas 66762

Re: Alleged Misconduct of Attorney General Derek Schmidt, Deputy Attorney General
Dennis Depew, and Assistant Attorneys General Stephen Phillips and Carrie
Barney

Dear Mr. Walters:

This letter is written in reply to your letter of May 7, 2016, addressed to Attorney General
Derek Schmidt, regarding your request to have the Office of Attorney General determine if
reasonable cause exists to institute formal ouster proceedings against the Attorney General Derek
Schmidt, Deputy Attorney General Dennis Depew, and Assistant Attorneys General Stephen
Phillips and Carrie Barney. Your letter has been directed to the Civil Litigation division for review
and response.

As an initial matter, you have asked this office how it can represent public officials in
litigation, but also maintain impartiality in investigating complaints against such individuals in
positions of public trust. The Kansas Attorney General's Office is statutorily entrusted with both
duties. .For example, the Kansas Tort Claims Act provides that an employee of the state may
request defense in the office of the attorney general. K.S.A.75-6108. Such representation is not
a conflict of interest, as the statute directs the Kansas Attorney General "to represent state
employees in the defense ofa civil action." Snavely v. Kansas Dep't of Corr. , 2011 WL 1230514,
at *7 (D. Kan. Mar. 30,2011). Likewise, under K.S.A. 60-1205, the Kansas Attorney General is
vested with the authority to investigate if grounds exist to commence an ouster action against an
individual in an office of trust. The Kansas legislature has therefore entrusted the Kansas Attorney
General to execute both the duty of representation of state employees and to initiate ouster
proceedings when statutorily warranted.

With respect to your request for ouster of the above-named individuals, the statutory
provisionsin K.S.A. 60·1205 and 60·1206 do not contemplate that an ouster proceeding is the
appropriate avenue for your complaints as they relate to the Attorney General and his employees.
K.S.A. 60-1205 provides that a person that holds an office of trust may be ousted from office if
they (1) willfully engage in misconduct while in office, (2) willfully neglect to perform any duty
enjoined upon such person by law, (3) demonstrate mental impairment such that the person lacks
the capacity to manage the office held. or (4) commit any act constituting a violation of a penal

Page I of3
Thomas Walters
Page 2 of3

statute involving moral turpitude. K.S.A. 60-1206(a) requires the attorney general to commence
ouster proceedings if reasonable cause is found for the complaint.

The Attorney General or any county attorney in the county of his or her jurisdiction are the
officials that commence ouster proceedings under K.S.A. 60-1206(a)-requesting the Attorney
General to investigate himself and oust himself is not the proper remedy for your complaint.
Furthermore, our review of the matter revealed that Attorney General Derek Schmidt was neither
personally involved in the cases cited in your correspondence nor was he present at the district
court proceedings in Crawford County that form the basis of your complaints.

Additionally, the Attorney General appoints the positions of the Deputy Attorney General
and the Assistant Attorneys General pursuant to K.S.A. 75-710. Those positions "hold their office
at the will and pleasure of the attorney general.' III This constitutes an at-will employment
relationship. which is terminable at the will of either party. A review of the case law in ouster
proceedings in Kansas reveals no precedent demonstrating that ouster was used by an attorney
general to remove his or her employees. Obviously the Attorney General takes seriously any
allegations of misconduct on the part of his employees; however, ouster is not the appropriate
mechanism for removing such officers from their positions, as K.S.A. 75-710 governs the
employment relationship of attorneys serving the office of the Attorney General.

Even assuming that K.S.A. 60-1205 applied in these circumstances, the ouster statute
requires "willfulness;" "the acts complained of must be willfully and intentionally done." State ex
reI. Stovall v. Meneley, 2000 WL 34001576, at *28 (Kan. Dist. Ct .• Feb. 24,2000) (citing cases).
The high standard applicable to ouster cases was articulated by the Shawnee County District Court
as follows:

Ouster is not designed to remove an officer merely for improvement of public

service because he has been inefficient or acted with badjudgment. State v. Wilson,
108 Kan. 641 (1921). Not every oversight or omission within the strict letter of the
law will entail forfeiture of office. Ouster is to prevent persons from continuing to
hold office whose inattention to duty, either because of its habitualness or its
gravity. endangers the public welfare. Hopkins v, Corwine, 113 Kan. 192.213 P.
658, 659 (1923). The neglect contemplated must disclose either willfulness or
indifference to duty so persistent or in affairs of such importance that the safety of
the public interest is threatened. Id. Ouster is a drastic action, one that should be
invoked only when the evidence is clear and convincing and the misdeeds flagrant.
Tomasic v. Cahill, 222 Kan. 570, 576 (1977).

State ex rei. Hecht v. Felker, 2003 WL 22389087, at * I (Kan. Dist. Ct., Oct. 17,2003). The court
went on to explain that "analysis of nearly all applicable ouster cases discloses that the misconduct
of the ousted public official either extended over lengthy intervals and involved numerous acts of
misconduct or the misconduct was particularly grievous and involved an evil motive of personal
gain tor the ousted official," Id. at *2. In other words, ouster requires sufficiently egregious
conduct employed over a lengthy period of time or conduct employed with an evil motive.
Thomas Walters
Page 3 of3

Based upon the information available at this time and our review of the applicable law, we
are declining to institute an ouster proceeding under K.S.A. 60-1206. By this declination, we are .
expressing no opinion regarding the conduct alleged or any other remedies that you may wish to
pursue. As a final note, your allegations of misconduct relate to violations of the Kansas Rules of
Professional Conduct, which apply to all attorneys licensed to practice law in the State of Kansas.
The Office of the Disciplinary Administrator reviews complaints of misconduct against attorneys
practicing law in Kansas, holds public hearings when appropriate, and recommends discipline to
the Supreme Court in serious matters. Complaints regarding attorney misconduct may be made to
the Office of the Disciplinary Administrator.

Sincerely,

OFFICE OF ATTORNEY GENERAL

DER.EK SCH~lIDT

Rachael D. Longhofer
Assistant Attorney General

RDLldrw

Page 3 of3
 ~tate of 1kansas

~-
~ommisgion on 3Jubicial <lllualifitations
KANSAS JUDICIAL CENTER
30l SW TENTH A\fE.,ROOM 374
TOPEKA, KANSAS 66612
785-296-2913
judicialquaI@kscourts.org

:M.EMBERS OF November 13,2017

PANEL A
Thomas Walters
CHAIR:
213 E. Carlton
Brenda M. Cameron
Judge Member Pittsburg, Kansas 66762

VICE-CHAIR: Re: Docket No. 1332, In the Matter of A. 1. Wachter

James S. Cooper
Non-Lawyer Member
Dear Mr. Walters:
Terrence J. Campbell
Lawyer Member The Commission met October 6, 2017, at which time the above-captioned
complaint was considered. It was the decision of the Commission to issue a private
Robert Wi. Fairchild
order of cease and desist regarding delay.
Judge Member

Norman R. Kelly The Commission's findings and conclusions are proposed findings and
Lawyer Member conclusions. Judge Wachter, in accordance with Supreme Court Rule 611, has 20 days
after service ofthe order to either accept or refuse the order. If accepted, they become
Mary B. Thrower
Judge Member
the Commission's findings and conclusions. If rejected, they will have no effect and a
Notice of Formal Proceedings will be filed.
Rep. Valdenia C. Winn
Non-Lawyer Member Once a response to the proposed cease and desist order has been received from
Judge Wachter, you will be notified. Thank you for your continuing patience as the
SECRETARY: Commission does its work.
Douglas T. Shima

b~~7~
O~ T
Dougl~s Ihima:
Secretary

mm
 ~tate of li\an~a~

~-
Q:omlni~9iol1on juilitial ~uahfitation5
KANSAS JCDlClAL CE:\TER
301 SWTENTHAvE.,Rom'!374
TOPEKA, KA.NSAS 66612
785-296-29 J 3
judicialqual@kscourts.org

MEMBERS OF ~o"ember : 3. ~Ol""

PANEL A
Julie Stover-King
CHAIR:
303 S. Jefferson
Brenda :\1. Cameron
Judge :\lember Frontenac, Kansas 66763

VICE-CHAIR: Re: Docket No. 1334, In the Matter of A. J. Wachter

James S, Cooper
:\on-La\\;'yer :-Iember
Dear Ms. Stover-King:
Terrence J. Campbell
Lawyer Xlember The Commission met October 6, 2017, at which time the above-captioned
complaint was considered.
Robert \,\', Fairchild
.T udge :\ Iernber
It was the decision of the Commission to issue a private order of cease and
:\ orman R. Kelly desist regarding delay. It was further the decision of the Commission to find no
Lawyer :'lember violation as to the remainder of the complaint as there were 110 facts establishing
reasonable cause to support a finding that the judicial code had been violated.
Xlary B, Thrower
] udge Member
The Commission' s findings and conclusions are proposed findings and
Rep, Valdenia C. \,\'111n conclusions, Judge \"achter. in accordance with Supreme Court Rule 611. has 20 days
:\on-La\vyer :'Iember after service of the 'order to either accept or refuse, the order. If accepted, they become
the Commission's Endings and conclusions. If rejected, they will have no effect and a
SECRETARY:
Notice of Formal Proceedings will be filed.
Douglas T. Shima
Once a response to the proposed cease and desist order has been received from
Judge Wachter, you will be notified. Thank you for your continuing patience as the
Commission does its work.

Cordially,

'\)~~fJ?~
 "'_ ~F:-'
citylinktv.com on the
News Report Channel
and archived for later
viewing.
" Columbus City
Council meet in Council
Chambers of City Hall
at 6:30 p.m. This meet-
ing will be livestreamed
over citylinktv.com on
.·_.::i:t.
the News R~port .Ch~-
." -"..~TtJiYenaUWt;o~h;'
ell meets .at 6 p.m. III the
Galena City Hall.
.' c Purcell Chapter of:
·the OrderofEa~tem S~
110 meets at I p.m. ~
the Columbus Masonic
Temple . ford, and Labeae counties.
e Relay For. Life :
.meeta et 6 p.m. m the.
: Labette B~nk.
: e QUl~t qub me~ts:
;~:30 a.m. In FIrSt Chris-] pable leadership in the
U tian Church. r>
I e Cherokee County Chief Justice Lawton R.
,Health J?epartment Flu;
~Shot. Chme 8:30 a~.'
·to 11.30 a.m. and 12.30 :
,p.m. to 4 p.m. at the'
Health Department. ! dence in me. I look forward
• • CI Boy ~couts meet:
·In Methodist Church
Basement at 6:30 p.m.
:ni~d~y, November i ' Wachter as chief judge in
~ City, Hospital
Board and School Board'
Election with polls
opening at 7 a.m. and .
closing at 7 p.m.
e Cherokee County
Economic Development
Board meets at 6:30
p.ill. in the Economic
i Development office at . was in private practice. He
I
i 201 E. Pine.
i
I
4; Exercise Class at
,
i:
Cherokee County hospi-]
i tality Center, 516 North i attorney.
Kansas Avenue Colum-
bus, 4:30 to 5 p.m.
...
--
--
nch named Ch·ef 11th
The Kansas Supreme
Court has appointed Cher-
okee County District Judge .
Oliver Kent Lynch Chief ".:
Judge in the 11th JudiCial.
District.
His appoinnnent fol-
lows the resignation of
Chief JwIge AJ. Wachter
.\~tf~~:~1!1a&~··
two-year t~:beginning
next year.
Lynch has served as a
district judge since 2OOS.
presiding over cases in the ".
11th·Judicial DiStrict com-
prised of Cherokee, Craw-
"We are glad that
Judge Lynch agreed to
,
serve as chief judge, pro-
viding continuity in ca-
11th Judicial District," said
Nuss in announcing the ap-
pointment.
"I am honored at the
Supreme Court's confi-
to working more closely
with our wonderful staff,"
Lynch said.
Lynch succeeds Judge
the 11th Judicial District.
Wachter is retiring in. De-
cember,
Lynch is a native of
Baxter Springs and gradu-
ated from the University of
Kansas and the KU School
of Law. Before his appoint-
ment to the bench, Lynch
also previously served as
Baxter Springs city attor-
ney and Cherokee County
Otiver Kent Lynch
Eachof Kansas'31 ju-
dicial districts has a chief
judge who, in addition to
his or her judicial respon-
sibilities, bas general con-
trol over case assignments
within the district, as well
as general supervisory au-
thority over the administra-
tive and clerical functions
of the court.
Wachter announced
~is retirement earlier in the
week. This will create an
opening on the bench in the
11th Judicial District.
Judges in the 11th Ju-
dicial District are appoint-
ed through a nonpartisan,
merit-based selection sys-
tem. The district's judicial
nominating commission
will announce when it is
accepting applications for
Wachter's successor. After
interviewing candidates,
the commission will for-
ward the names of three to
five finalists to the gover-
nor, who will appoint the
next judge.
.-
udge
Before being named to
the bench, Wachter was in
private law practice from
1969 to 2002. He gradu-
ated from Pittsburg State
University and Washburn
University School of Law.
He served in the D.S.Army
Reserve from 1961 to 1969.
He is a former president of
the Crawford County Bar
Association.
S:t@~efi)lttr.M~E~
¥Cl.Htd [Q;tt f[l E litg
~
t~eJa~~n~~t"
A 2000 Ford F-350
was found burning at the
edge of Spring River in Ri-
verton, Tuesday.
Cherokee County
Sheriff's deputies were
able to make contact with
the owner from Jasper
County, who hadn't yet re-
alized his vehicle had been
stolen.
Investigators are fol-
lowing up on leads with
regard to suspects.
~rresi ma:de
.til pedestrian~
'::au a deaths
An arrest has been
 ·ISPOSITION OF DOCKETED
COMPLAINTS
After investigation of docketed
complaints, the panel may choose a course of
action short of filing formal proceedings.
A complaint may be dismissed after
investigation. On docketing, there appeared
to be some merit to the complaint, but after
further investigation the complaint is found
to be without merit.
A letter of informal advice may be
issued if the investigation did not disclose an
ethical violation but future direction would
be beneficial to the judge. A letter of caution
may be issued if the investigation disclosed
an ethical violation which was too minor to
warrant further proceedings.
Examples of conduct resulting in
cease and desist orders include: activity on
behalf of a political candidate or continuing
to handle matters in a case in which the judge
has recused.
Upon disposition of any docketed
complaint, thejudge and the complainant are
notified of the panel's action. Other
interested persons may be notified within the
panel's discretion.
CONFIDENTIALITY
The panel assigned a complaint
conducts investigations, often contacting the
judge involved as well as witnesses. The
Commission and its staff are bound by a rule
of confidentiality unless public disclosure is
permitted by the Rules Relating to Judicial
Conduct or by order of the Supreme Court.
See Rule 607(a). One exception to the
confidentiality rule exists if the panel gives
written notice to the judge, prior. to the
judge's acceptance of a cease and desist
order, that the order will be made public.
Rule 61 1(a).
Other narrowly delineated exceptions
to the rule of confidentiality exist. Rule
607(d)(3) provides a specific exception to the
rule of confidentiality with regard to any
information which the Commission or a
panel considers relevant to current or future
criminal prosecutions or ouster proceedings
against a judge. Rule 607 further permits a
waiver of confidentiality, in the
Commission's or panel's discretion, to the
Disciplinary Administrator, the Judges
Assistance Committee, the Supreme Court
Nominating Commission, the District
Judicial Nominating Commissions, and the
Governor with regard to nominees for
judicial appointments.
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GRAJ\IO ]lJ"RY l('ETITION TO INVESTIGATEI' DISQUALIFl{" AND

OUST ALL ABOVE 11m JUDICIAL DISTRICT ]UDGES~

WE TIlE PEOPLE DEMAND AN ETHICAL1 FAIR, AND IMPARTIAL JUDICIARY.

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