10 a1 12 13 14 1s 16 wy 18 19 20 2a 22 23 24 25 ORIGINAL, IN THE DISTRICT COURT OF SHAWNEE COUNTY, KANSAS TWELFTH DIVISION In the Matter of the Marriage of: } ) HALLECK RICHARDSON, ) Petitioner, ) and ) No. 96-D-217 ) CLAUDINE DOMBROWSKI, ) Respondent. ) TRANSCRIPT or INFORMAL HEARING ON MOTION TO RECUSE PROCEEDINGS had before the Honorable James P. Buchele, Judge of Division 12 of the District Court of Shawnee County, on the ist day of June, APPEARANCES: For the Petitioner: Also Present: Kansas, at Topeka, Kansas, 1999. (By telephone) Donald R. Hoffman Attorney at Law 112 8.8. 7th Street Topeka, KS 66603-3915 Rebecca A. King Riling, Burkhead, Fairchild & witcher, Chartered 808 Massachusetts Street P.O. Box B Lawrence, KS 66044 ESTHER L. THOMPSON, Third Judicial District, Certified Shorthand Reporter Division 12, 233-8200 x-46761a 12 13 14 15 16 7 18 19 20 21 22 23 24 25 THE COURT: Okay. Ms. King, we got your letter and motion that I recuse in this case, and I believe the statute requires, as a part of the procedure, that we have an informal conference about that. MS. KING: Okay. THE COURT: And I gu what I'm curious about is your basis for requesting that I recuse. MS. KING: I think there's been some bi towarde my client in this case from your office. THE COURT: As reflected by? In what way? MS. KING: Just recently, in particular, the hearing that we had, and the fact that the CINC action out in Larned was dismissed after you had called out to there. THE COURT: All right. In other words, forwarding the information about the Court of Appeals' decision, you believe, was an act of bias. MS. KING: Yes, I do. THE COURT: I see. Okay. Is there anything else that you have? MS. KING: Umm, I think that the fact that you contacted Judge Meeks out there and told him some ESTHER L. THOMPSON, Certified Shorthand Reporter Third Judicial District, Division 12, 233-8200 x-467610 a 12 13 14 15 16 az 18 1g 20 2. 22 23 24 25 3 of the things that had gone on in the case. I thought that that was bias, also, and prejudicial against my client. THE COURT: Okay. Well, I guess I'm not here to debate it with you. My call to Judge Meeks only was to make him aware of the proceedings had been here. He was not aware that the c appealed, or he wasn't aware of my decision, or their decision. I believe I mailed him copies of both, and that was the extent of my conversation with Judge Meeks. MS. KING: Okay. THE COURT: I didn't discuss the issues with him beyond that. I think they were pretty well set forth in both my decision and the Court of Appeals‘ decision. Is there anything else that you have that you'd like to bring up? MS. KING: No. THE COURT: Okay. Mr. Hoffman, anything you'd like to say in response? MR. HOFFMAN: No. THE COURT: Okay. Ms. King, I don't feel that you've articulated a basis for recusal and I'm not going to voluntarily recuse. ESTHER L. THOMPSON, Certified Shorthand Reporter Third Judicial District, Division 12, 233-8200 x-46764 a 1 The next step, if you wish to pursue this, I 2 believe the statute says that you should file your 3 affidavit, I don't know whether the word is 4 “forthwith,” but it's expeditiously, anyway. And I 5 do want to make it clear that as long as the case is ‘ assigned to me, the June 15th date that I set for 7 hearing is a good date and it will go forward on that 8 day. 9 MS. KING: Actually, Your Honor, I just did 10 think of something else. I was off guard right 1. there. My client has filed a judicial complaint 12 against you. eee THE COURT: Okay. ‘ 14 MS. KING: JI think because you were 15 appealed and, you know, it went up to the Supreme 16 Court, even though they denied it, I do think that 17 that prejudices you against my client. 18 THE COURT: Because she appealed ny 19 decision to the Court of Appeals? 20 MS. KING: Right. She appealed your 21 decision. 22 THE COURT: Well, appealed my 23 decision, and the affirmal by the Court of Appeals. | 24 Okay. Appealed it to the Court of Appeals, you mean. pee MS. KING: Uh-huh. ESTHER L. THOMPSON, Certified Shorthand Reporter Third Judicial District, Division 12, 233-8200 x-467610 a1 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE COURT: I eee. Okay. And is that the basis of her complaint to judicial qualifications? MS. KING: Now, I don't have a copy of that complaint. She told me that she did file one. THE COURT: She's got the right to, you know, exercise anything she wants, but, anyway, as I was saying, I'm not going to voluntarily recuse. You're free to take your next step, of course. As I say, I cite you to the statute which indicates that that be done right away, and to reaffirm that the 15th day hearing is set, and firm, and will be so long as I'm on the case unless I'm removed by a decision of another judge So, unless someone else has something else to add, I don’t know that we need to go any further. MS. XING: Okay. THE COURT: All right. Thank you all. MS. KING: Uh-huh. MR. HOFFMAN: Bye. ESTHER L. THOMPSON, Third Judicial District, Certified Shorthand Reporter Division 12, 233-8200 x-467610 a 12 13 14 15 16 17 18 19 20 2a 22 23 24 25 CERT re STATE OF KANSAS ) county oF SBAWNEE} I, Bether L. Thompson, a Certified Shorthand Reporter, and the regularly appointed, qualified and acting official reporter of Division No. 12 of the Third Judicial District of the State of Kansas, do hereby certify that as such Official Reporter, I was present at and reported in Stenotype shorthand the above and foregoing proceedings in Case No. 96-D-217, Halleck Richardson, Petitioner vs. Claudine Dombrowski, Respondent, heard on June 1, 1999, before the Honorable James P. Buchele, Judge of Division No. 12 of said court. I further certify that a transcript of my shorthand notes was typed and that the foregoing transcript, consisting of 5 typewritten pages, is a true copy of said telephone call on the informal hearing on recusal. SIGNED, OFFICIALLY SEALED, and filed with the Clerk of the District Court of Shawnee County, Kansas, this 21st day of June, 1999. Bather L. Thompson, con, RPR ESTHER L. THOMPSON, Certified Shorthand Reporter Third dudicial District, Division 12, 233-8200 x-4676