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IN THE
,.
f;(~~.
D1stRIg.J~l~
OF CRA]FORD
vs.
CRAWFOiiO
8 Y ------.-.
COUNTY, KANSAS
29 Al0 :12
PI aintiffs,
t: i E RK 0 r 0 1ST. COV" ,
Toby Miller,
,\.,?,,"",-
COU~j i 'r'
- -'
Defendant.
ORDER
The judge assigned to the above captioned ca e, Kurtis 1. Loy, presented the attached
letter.to m.eAugust 21 st, 2? 14. The lett,er,of Travis Cfrlton to the Commission on Judicial
Qualifications referenced in Judge Loy s letter to me rs also attached.
Judge Loy construed Mr. Carlton's letter as a motion to disqualify Judge Loy as the judge
assigned to the above litigation, and as such forwarde'd it to me as Chief Judge.
Carlton intended his letter to be a motion to disqualify Judge Loy, I find that it does not comply
with the requirements ofK.S.A. 20-311d for various reasons, one of which is that it does not
contain any averments of the author.
IfMr. Carlton's letter did comply with the requirements ofK.S.A. 20-311d, I would be
required to determine the legal sufficiency of the allegations (K.S.A. 20-311d (c)). However, the
allegations of the Carlton letter do not suggest that Judge Loy served a prior counsel for any
party to the litigation (K.S.A. 20-311d (c)(l)); that J idge Loy is related to any party (K.S.A. 20311d (c)(3)); or, that Judge Loy is a material witness in the action (K.S.A. 20-311d (c)(4)). The
remaining allegations of the Carlton letter furnish no basis for concluding that Judge Loy has an
interest in the litigation (K.S.A. 20-311d (c)(2)) or that Judge Loy has a personal bias or
prejudice or interest in the action that would prevent lany of the parties from obtaining a fair and
impartial trial (K. S.A. 20-311 d (c)( 5)).
Accordingly, to the extent that Mr. Carlton's etter constitutes a motion to recuse Judge
Loy from the above captioned litigation, such motio is denied for the reasons set forth herein.
It is so Ordered.
A1uJatf~
AJ. Wachter
District Judge
Copy to:
Hon. Kurtis I. Loy
District Judge
602 N. Locust
Pittsburg, KS 66762
Travis Carlton
1410 N. Smelter
Pittsburg, KS 66762
Bekah Harlan
P.O. Box 84
Opolis, KS 66760
Toby Miller
Vapor Stop LLC
2530 Main
Parsons, KS 67357
Scott Cochran
th
709 W. 8
Pittsburg, KS 66762
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy 0 . the above and foregoing document was
deposited in the United States Mail, postage prepaid tnd properly addressed to the above party or
parties on the 5(q day of
I, 2014.
CU'gA,[n;:e
August 21,2014
The Hon. AJ. Wachter
Chief Judge, 11th Judicial District
602 N. Locust
Pittsburg, KS 66762
Re: Travis Carlton, et.al. v. Toby Miller Case No. 2014CV7P
I
Mr. Carlton has filed has been filed as a breach of contract action and has nothing to do with the
use or nonuse of vapor cigars or vapor cigarettes. For the record I am not opposed to the use or
sale of vapor cigars or vapor cigarettes.
I was sworn in as a District Court Judge in Oc ober, 2013. I am aware that there remain a
few instances where my name is still listed as resident agent for various corporations Iformerly
assisted while in the private practice of law. Those arJ all being wound down and as the new
annual reports are filed the new resident agent is liste~ on the records of the Kansas .Secretary of
State. I am not involved with my wife in a partnershif located at 112 W. 4th St. in Pittsburg. My
wife and I hold ownership of the commercial buildin~ located at 112 W. 4th St. in Pittsburg
within a Kansas partnership. Ido not accept assignment of cases involving my former law
partner.
I
.
While Ido believe Iam neither biased nor prejudiced concerning the parties to this
litigation or any attorneys which may become involved in the future I am forwarding this letter
and complaint to your attention for proper handling.
KIL:maf
Enc.
~tate of ]kamsas
785-296-29H
judicialqual@bco+ts.org
Or
PANEL A
CHAIR:
William B. Swearer
Lawyer Member
VICE-CHAIR:
Christina M. Pannbaclzer
Lay Member
Re:
J. Patriclz Brazil
Judge Member
Brenda Cameron
Judge Member
Mary Thrower
Judge Member
Valdenia C. Winn
Lay Member
#"+~~
SECRETARY:
Heather L. Smith
William B. Swearer,
Chai
mm
Enclosure
RECEIVt:D
t\'!i!'1\',
'~IUi
1 8 2014
W,",
'c
I also think it is wrong and a conflict of interest for Honorable Kurtis Loy to
be the resident agent of LOY & SAGEHOT' LLC. And L & T Partnership
where both addresses are 112 W. 4th in Pittsburg Kansas 66762.
It shows on Honorable Lay's Judicial FinaLial Disclosure Report that he
I
and his spouse have a partnership at 1121. 4th in Pittsburg Kansas and the
commercia11oan
is with Commerce
Bank.
Judge Wachter and Judge Fleming would ever rule against Loy&
Sagehom & Harding when the address fa that law firm is 114,W. 4th in
Pittsburg Kansas where Judge Loy has the building ina partnership and
this is a conflict of interest. Judge Lay and Judge Wachter would never
I
rule against Kyle Fleming of liTHE FLEMING LAW FIRM"" since he is the
husband of Honorable Lori Fleming.
I
HOW IS ANYONE IN CRAWFORD CO~
SUPPOSE TO GET A FAIR
HEARING UNLESS YOU HA VB WILBE~T AND TOWNER" LOY &
SAGEHORN & HARDING, OR THE FLE[I
G LAW FIRM'AS YOUR
ATTORNEY?
I would greatly appreciate an out of count judge who is unbiased and
does not have conflicts of interests with other judges like Judge Wacther,
Judge Loy, and Judge Fleming have betwJen them and their previous law
I
firms. Please send all correspondence to Travis Carlton, 1410 N~Smelter,
Pittsburg, Kansas 66762. Please disqualif~ Honorable Loy from this case in
accordance to Rule 2.11(A) of the RULES RELATING TO JUDICIAL
CONDUCT.
Sincerely,
Travis Carlton
Travis Carlton
1410 N. Smelter
Pittsburg Kansas 66/62
A UN:
JUDICLAL FINA.L~CIAL
DISCLOSURE REPORT
=~T
785-2%-2913
CALENDAR YEAR
I
2013.
judicialqual@kscOul\S,org
60 lB
RELATING TO
3. RULE 3.
JU.:
The instructions accompanying this form are a gui~c to be followed in preparing your annual
financial disclosure report. Please read the instructions and review Supreme Court Rule 601B,
Rules 3.12, 3.13, 3.14, and 3.15 and their Comments (2013 Kan. CL R. Annot, 754-758) before
completing this form.
.
Complete all pans, checking "NONE" wherever you have no reportable infonnarion, This. report
must be:.typed, and an on-line fillable form is available at www.kscourts.org. Completed and
signed reports may he submitted by U.S. mail to th address reflected above or may be scanned
and submitted by e-mail to judicialqual@kscourts.org,
Kurtis I; Loy
Crawford
Crawford
I
Eleventh Judicial
County DC City
District
620-231-3570
KS. 66762
Telephone
Type ofJudge(Chd.:on~j:
__
Supreme Court
District
__
Pro Tempore
_'-_
I _
Number
Court of Apoeals
District Magistrate
Senior
MUtlicipal:- 0 Full-Time W Part-Time
I
I.
___
COMPENSATION
[reporting individual (I); and spouse (S) or domestic partner (DP); for
Honoraria, reporting individual (1) only; see Section I of Instructions and Rule 3. J 5(A){1 ).}
NONE (No reportable
Compensation)
Pavcc (I.S,DP)
Name of Pavor
Dare
Jan-Dec., 20]3
l311-Dec., 2013
Nov-Dec., 2013
Coldwell Banker
Lay, Sagehorn & Harding,LLC
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-............
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Nature of Activitv
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FOR + C'1'201.3
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L & T Partnership
112 W. 4th
Pittsburg; KS. 66762
C~
Held by Whom
(L S. DP.Dc)
Brokerage
Owner
[,S
IRA
IV. GIFTS.
~
Date
LOWlS,
Recipient crJS,DP.OC)
Description
FDR.
C1'2013
I P"ge 2
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___
Name of Business/Organization/Entity
Position
Address
Held
KS.
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W. 4th, Piusburz,
KS.
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~"""'-.~--":"'~e;..;:.,~-_";-.?'-~'"
St.Petcr's
Episcopal
Stilwell Heritage
Foundation
Kansas
Parmer
. /'
Church
KS.
Clerk.Vestry
Member
& Educational
7th
Bar Foundation
1200
sw
HaITL'OI),
Chairman
KS.
of Foundation
Bd ..
Trustee
KS.
Topeka, KS.
YI. LIABILITIES [r~porting illdiYidu~l (1), spousf (S). or domestic partner (DP), dependent child or
dependent step child (DC); see Section VI of Instructions and Rule 3.15(A)(7).]
__
Creditor
Commerce Bank
Description
-~--~~.....,-------
University Bank
1,S
Unsecured
Loan
Amerian Express
r.s
Revolving
charge
1.
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FD.R.
CY2013!
Page 3
Signature ofRcporting
JudgJ
FOR.
cv 2013 I P"g..,4