S~ptcm6f:i i\dO).

5
Kansas Commission on Judicial Qualifications

".Y

.-~.,

__

,~

301 SW 10th
Topeka Ks 66612

Case No 14-10018-EFM United States vs. James Russian

DUE TO RETALIATION UNDER RULE 2.16(1\)(B) FROM~SE

NUMBERS

06DM129P AND 2011CR93g

THIS COMPLAINT IS AGAINST THE KANSAS COMMISSION ON JUDICIAL QU~IFICATIONS

,~.
\

PANEL A AND PANEL B FOR FAILING TO PROPERLY ASSEMBLE ABOClffiALRLAN

UKE WAS

RECOMMENDED IN the case of In re Platt, 269 Kan. 509, 8 P.3d 686 {2000} whkh was a
REPORTED JUDICIAL DISCIPLINARY CASE UNDER RULE 601A IN THE EXAMPLES IN THE 2013
ANNUAL REPORT FROM THE KANSAS (OMM~SSIN

ON--JU-Dl-ClAl QUAUHCATIONS.

THIS IS ALSO A COMPLAINT AGAINST THEM FOR LACK OF SUBJECT MATTER J~ICTION
HEAR ANY COMPLAINT FILED BY ~Y SELF DUE TO A CONFLICT OF INT-fRfSI~

TO

RULE

2.11(A) BECAUSE AN INJUNCTIVE RELIEF PETITION WAS FILED IN CASE NUMBER 2015CV79P

CRAWFORD COUNTY ON JULY 22,2015

IN

AGAINST PANEl A AND PANEl B FOR FAILING TO

INVESTIGATE COMPLAINTS PROPERLY-WHICH LED TORETALIATIONS-t.lJtWEB:,~ULE

2.16 BY 11TH

DISTRICT JUDGES LORI 'FLEMING, A.J. WACHTER, AND KURTIS LOY AGAINST JA.-'
..~.,\I
ES DONALAND
RUSSIAN FOR PAST ETHIC CMPLAINTS WHERE HE GOT 11 T-HDISTRJcrdtIDi:f?~EPRIMANDS
BUT HE RECEIVED ONE LETTER AND THE JUDGES RECEIVED ANOTHER LETTER WHICH LED TO
DAMAGES.

THE KANSAS COMMISSION

ON JUDICIAL QUALIFICATIONS

FAILURE TO DUE THBI\JOB

TO THE VIOLATIONS OF THE FOLLOWING 11TH DISTRICT JUDGES:

HAS LED

'

THIS COMPLAINT IS AGAINST 11THDISTRICT JUDGE LORI BOLTON FLEMING. KURT

LOY, AND CHIEF JUDGE A.J. WACHTER FOR CONSPIRING TQDEmlJVE JAMES
DONALD RUSSIAN OF CIVIL RIGHTS BECAUSE OF HIS PAST COMPLAIN~S WITH THE

KANSASCOMMISSION ON JJUDICIAL QUALI FICATIONS AND THEYREJ;tLlATED

AGAINST HIM UNDER RULE 2.16(A)(B) BECAUSE "NONE" O~~ES
IN THE
11THDISTRICT HAD SUBJECT-MATTER JURISDICTION BECAUSE HE IS USED AS AN

EXAMPLE IN 2011 AND 2012 EXAMPLES OF "IMPROPER CONDUCT' ~.,.,.OCMHIS

APRIL 24, 2011 COMPLAINT ON JUDGE A.J. WACHTER, AN[}-tll~~LAINT
ON
DONALD NOLAND IN JANUARY OF 2012 WHICH IS USED AS AN 'EXAMPLE UNDER
"IMPROPER CONDUCT'

AS WELL AS HIS JUNE 12, 2011 COMPLAINT ON CITY

JUDGE FREDERICK SMITH WHICH WAS LISTED AS AN EXA~JN~-zo:\l

UNDER,

"PROPER JUST OUTSIDE JURISDICTION" WHICH SHOWS THAT ALL JU,.'.'?:,.GESIN THE
11THDISTRICT OF CRAWFORD SHOULD HAVE Dt5QUALlFIED T~~ES
UNDER
RULE 2.11 (A) AND K.S.A 20-311d AND BY FAILING TO FOLLOWTHE CODE OF
"

JUDICIAL CONDUCT NONE OF THE ABOVE MENTIONED JUDGES HAD ANY

SUBJECT MATTER JURISDICTION TO HEAR ANY OF HIS CASES-AETER 2011!
My friend Jamie Russian is "loud and annoying" and I will be the first to a<tmit that.
However, just because a guy is "loud and annoving'tdoes not1lle(m"he~
not have a
right to a fair trial and judges who are not biased and prejudiced against him in a court
case. I have included his-complaints that he sent ~n against Pittsburg City judge Frederick
Smith in 2011 where his complaint is an "example" under proper-jrnt::Qtltside jurisdiction
and his 2011 complaint against A.J. Wachter where he received a cautio~,~nd an
"example" under "improper" but James Russian was given a differ~t"M!tle( from the
,,'

committee

and felt as if his complaint

had not merit.

I also have included a complaint filed by James Russian in Jan~u.2.Q~

where Judge
Noland failed to give him a jury trial within 180 days "JUST LIKE HIS FED~AL CASE OF
14-10018-EFM United States VS. James Russian failed to eoas well and Jtldge~jj,sted
as an
3
"example" under "improper" in the 2012 annual manual as well.
In the court case of 20 11CR93g Judge Noland "MAGICALLY RETIRES" in--~cll,~f4012

the same

month that Mr. Russian's January 2012 complaint is heard which "MAGICALLY SKIFf ED" the
February 2012 meeting.

I have included a letter from Mr.Russian to his crtlHt 'aJ:'pffin.!rdattorney

Katherine Cerne on May 6,2012 where he is indicating he wants a "DISMISSAL'" in 2011CR93g or he

is going to sue the county.

Mr. Russian never hears anything more about this case and then he is

arrested in 2013 from another "STALKING" charge for retaliation under case number 2011CR93g.
The case of2011CR93g

is a "FRAUD" as there is no Affidavit with the "DIVERSI~THATWAS

FORGED" because Mr. Russian is the only man that is tao-STUBBORN"Lo-rake-:a:dilersion

because

he will not admit to anything he did not do and he did not stalk Holly Engelbrecht who was a

member of Lady of Lourdes-Church

and her children went their and the new judge was "Lori

Fleming who was a lecturer at the church and her husband Kyle Fleming<mdTa:mer-in-law

Robert

Fleming are both eucharistic ministers" at the same church and this is a conflict of interest under
Rule 2.11(A).

Lori Fleming has sinced "FORGED" a search warrant on James Russian and has lied a~out stalking her
so that he could not receive "BOND". The Federal prosecutor in his federnh:ase:clmmf their was an
email sent from Lori Fleming to him stating that Mr. Russian was stalking Lori Fleming so when the
new committee who investigates her for the email takes-her computer to check the email I would
also like for your committee to look for this "EMAIL"where she lied about him stalking her because
it is impossible from where she claims it happened. She would have called the police immediately
because she is a "COP CALLER"and has always "TATTLED"on people h.ec"wltok-~o
why
wouldn't Lori Fleming have "TATTLED"on James Russian as well unless it was a "LIE"which it was.
Lori Fleming has proved she is "EXTREMELYUNETHICAL" please investigatecMktgese cases and
investigate why Judge Wachter came back in case number 13DM308P TlMOT.HYkvNDIGER and
NATALIE KUNDIGER VS. JAMES RUSSIAN when James Russian pr-ev4uus1y-getJA.J.Wachter a
letter of caution and "improper conduct" example in 2011 and A.J:W;i<;hter<$b'ould not have
had subject-matter jurisdiction to hear the case. Mr. Russian also violated the "ORDER"
from judge Wachter because James Russian felt Judge Wachter had.no subject matter
jurisdiction because James Russian had previously put UCC liens on A.J.W~~ter's house,
the clerk of the court's house Pam Hicks, Mr. Gayoso Crawford County attorn''', and
Crawford County District Court.
_~
Mr. Russian had to pay "$10,000" BOND which was "ORDERED" by Judge Loy who did not
have subject-matter as wen and allthree 11th district judges nero to be investigated for the
retaliation under Rule 2.16 and "WRONGFUL INCARCERATION OFrAME"S-'RV~SIAN".
,

Lori Fleming's "ATTEMPT AT A SEARCHWARRAN'f"4s about thecmes~the!:jc

thing I ever
witnessed in my life. The only thing more pathetic is that James RusSfan;:ts"Sftl1 in jail and
the case was not dismissed due to "LACKOF EVIDENCE" when he did not go to trial within
180 days just like the stalking case in-case number 2011CR93G.
Please investigate this matter that has "WOKEN UP THE POOREST COUNTY ~ THE STATE
o~ KANSAS" ~rawford to how un:thical the 11 thj~diCial-distr.ict~sand-hGw1ltl~c officials
WIll do anythmg they can to retaliate from an ethic complamt m 2M::t-and~"2o(tf2under Rule
2.16(A)(B).
I have included an "ORDER" that was actually filed in case no. 20rtH~V'7Rwith hyphens
which looks li~e an att~mpt to m~ke it an administrative order inste~d of a l~icial order
from a complamt sent m by TraVIS Carlton dated [uly 18, 2004 where.The.Kansas
Commission on Judicial Qualifications sends a letter to Travis Carlton saylng It was
dismissed but then the commission sent a letter dated August 18, 2014 to Judge Kurtis Loy
on saying "FOR YOUR INFORMATION ONLY" to Judge Kurtis Loy.and this type of
"BEHAVIOR" by The Kansas Commission on Judicial Qualifications is "E'~MELY
UNETHICAL" and has helped lead to the illegal incarceration ofJames_DDnaJ\tRussian
because Mr. Russian was obviously getting one response from the'1!tfric:m~ttee
and
Judge Wachter, Judge Frederick Smith, and Judge Noland were all getting another letter
"FORTHEtR INFORMATION ONLY" which shows the-judges of the "KANSAS COMMISSION
ON JUDICIAL QUALIFICATIONS" violated Rules 1.2 Promoting C6lffidenee'ln the Judiciary

and Rule 2.3 Bias, Prejudice, and Harassment which has led to more ha~ment
unethical actions from the 11thjudicial district.
"~\

and

This also shows just how incompetent both Judge Kurt Loy and Judge AJ. Wachter are by
both notkrrowingthatitwas
"FOREMH OF THEIRINFORMA'I'l-N ONLY"Kurt Loywas
not even suppose to show Judge Wachter then Judge Wachter actnarrrfite ..s.}l)e"ORDER"
publicly so people like myself can have public access to so we can make a co~laint under
him for failing to follow Canon 2 where a judge has to perform dutlesctH!1~ntly
which
they both failed to do under Rule 2.5 Competence, Diligence, and Cooperation.
I have included the Mardi 31, 20 1Zretirement article on Donald Noland by The Morning
Sun and Chief Judge A.J.Wachter calls Donald Noland "THE GODFATHER"-r'~ says families
attended funerals not so much out of respect but to make sure he was dead!! !,~
What kind of judicial system has judges who make jokes like that Wheri-"-lffi GODFATHER"
judge Donald Noland has ruined more "FAMILYLIVES"than any "GODFATHER"ever
thought of with the illegal incarcerations he has issued out wher~~
not have subject
matter jurisdiction and the numerous conflicts of interest and violations of.~ "OATHOF
OFFICE"he was involved in!
"

Is the reason why James Donald Russian had Judge Lori Fleming, Judge AJ. Wachter, and
Judge Kurtis Loy conspire.to illegally incarcerate him because he "FORCEDTHE
GODFATHER"to an "EARLYRETIRMENT"and "THE GODFATHER:~Aas
an example of
"IMPROPERMISCONDUCT"in 2012!
\

P.S.I have included the "search warrant" that is more like a carto~an
an actual
search warrant on James Russian's illegal federal arrest. If you are actually interested in
doing a thorough investigation you can check u.S. vs James D. Russiaa.from February 24,
2014 hearing (Wichita, Kansas) whose audio can be heard using tfferInk'-ot,,\VW
w.
tinyurl.corn/p Zowy'Zy "or" www. YouTube.comj watch?v=jox38H6r;~~ ~
can jump to
21:42 minute mark onwards to hear for-your-self how-the blatant-lie
. .. _ se of office of
Lori Fleming on James Russian which led to him being denied bail.
"Check case No. 106,150" State of Kansas, appellee, v..Tyjuna M. Sharkey, appellagtto also see how
James Russian received "ineffective assistant of counsel" when his own court appointet\fttorney Douglas
Adams tries to disqualify himself but is not allowed by magistrate Kenneth G. Gale..
\

Very truly yours

Kasey King
PO Box 101
Opolis Ks 66760

Cc
Debra L. Barnett
Office of United States Attorney Wichita
301 North Main Street, Suite #1200
Wichita, KS 67202

Terminated Federal Prosecutor but then "Designation" Retained

Alan G. Metzger
Office of United States Attorney Wichita
301 North Main Street,-Suite #1200
Wichita, KS 67202

rr Court appointed in~~ctive

counsel )./

Douglas Adams Jr.

200 Worth Broadway St. Suite 300
Wichita, Ks 67202

Magistrate Judge Kenneth G. Gale

United-States District Court
401 North Market, Suite 403
Wichita, Ks 67202

James Russian

clo Butler county Jail

701 S Stone Road
EI Dorado Ks, 67042

April 24, 2011

To Whom it May Concern:

I am filing a complaint on Judge A.J. Wachter for his unethical behavior in Case Number 06DM129P.
Judge Wachter was biased against me before this case started because I filed a private infernational
administrative

remedy demand and commercial claim within admiralty on Mr. Wachter.

Judge Wachter

also is biased against me as we both were of the Catholic faith and I am no longer attending the Catholic
church I was raised in, but he still attends this same Catholic church and we both attended Colgan High
School.
Judge Wachter states on page 65 of the court transcript,

"when you get my age, and YOt,JRDAD'S

age" ...my father coached AJ. Wachter in basketball and I played football with his brothel'.

I quit going to

that particular Catholic church and have since formed my own spiritual relationship with GOD. Judge
Wachter should never have been the presiding judge during my case since I have a lien against his
property and this is a violation of RULE 2.3 Bias, Prejudice, and Harassment.
Judge Wachter also violated RULE 2.2, which is Impartiality

and Fairness, as he was prejudiced against

me for putting a lien against his property.

On page 63, Judge Wachter says, "You know what though, one of the first times that I became
ACQUAINTED with you as a person in Court, you filed a multi-billion

dollar lien or something against-

yeah, well, you are laughing about it but and then Noland recuses, for what reason I don't know and
they sent it over to me. I'm not going to give you a hearing on that, YOU ARE NUTS DOI~G THAT." This
type of behavior by Judge Wachter is a violation of RULE 1.2, Promoting Confidence in to):? Judiciary and
RULE 2.8, Decorum, Demeanor, and Communication

with Jurors (B) and RULE 2.10, Judicial Statements

on Pending and Impending Cases. It is also a violation of RULE 2.9(C), which states a judge shall not
investigate facts in a matter independently.

Judge Wachter should not be commenting on any lawsuit I

filed against Don Noland as that is another case. By calling me names and telling me I ~m NUTS, Judge
Wachter violated RULE 2.5, Competence, Diligence, and Cooperation(2)

by givlng.mea

demeaning

nickname which is not allowed.

Judge Wachter also states at the bottom of page 63, "you've had a little bit of a history of erratic
behavior in the PAST./I Judge Wachter is biased against me and once again, that is a ~iolation of RULE
2.3. Judge Wachter should have never heard my case because of our past relationship
have disqualified

and he should

himself according RULE 2.11 Disqualification.

On page 27 of the court transcript, Judge Wachter states, "I'm not going to let you ask questions that
are inappropriate

and take us until 9;00 at night."

This is a violation of GENERAL PRINCIPLESAND

GUIDELINES FOR THE DISTRICTCOURTS letter (D) Under Simple and Efficient Rules of Procedure (3)
which states, "The ultimate judicial goal should be JUSTICE, not SPEED, in the disposition of cases."

Judge Wachter also says at the bottom of page 27, "that is the rules of the game okay7-" It disappoints
me greatly to stand before a man who is determining

my parenting time with my children who clearly

stated this is just a game to him. This is my life, my children's life, and I was under the impression

we

were in a court of law with rules, not playing the BOARDGAME of LIFE.
On page 30, Judge Wachter admits 01'1line 6 that he is ignorant when he says "We are

all ignorant

let's go on". Well, this is a violation of RULE 2.5 Competence, Diligence and Cooperation
a judge shall perform judicial and administrative

duties competently

admits he is ignorant, then obviously he is not competent

and diligently.

so

(A) which says

If judge Wachter

to hear my case. It also is a violation of RULE

2.3(2) to, once again, using a demeaning nickname by calling me "ignorant".

On page 32, Judge Wachter states, "I'm letting you ask the questions I think are apprQ-W'iate only,
period, end of story".

This is a violation of RULE 2.6, Ensuring the Right to Be Heard. ~,as and still am

very offended from that statement

is appropriate

made by Judge Wachter.

and what is not appropriate

Everyone has a differentthought

on what

and it should depend on the situation, not one man's

personal thoughts and opinions.

I have saved the worst thing Judge Wachter did during this court case for last. On pag~~6 of the
transcript,

line 22, Judge Wachter looked me in the eye with an angry look and said "Ym-lf0ing to get a

little rougher on you now'.

I could not believe my ears, I am a country boy and where I come from that

means there is about to be a fight.

At this point, I obviously know this man is totally biased against me

so I tried to say nothing further so I would not get arrested for contempt
front of Judge Wachter.
approximately

of court.

I am scared to go in

Judge Wachter was a good athlete in high school, he is a tall ma.,nof

6 feet and is substantially

taller and weighs quite a bit more than ~ do. -Inave never seen
I

him fight, but I heard he was a pretty tough guy back then and as the story goes, you wouldn't
fight AJ. Wacther.

I went home and I looked up the definition

Definition 4: acting with or characterized

of "Rougher" and have included it.

by violence, 5: characterized

infractions of rules, 9: sharp or harsh, 10: unmannerly

want to

by unnecessary violence or

or rude, 12: difficult or unpleasant, and last, but

certainly not least, Definition 30: TO GIVE A BEATING TO, MANHANDLE, OR SlJ8JECTTO!PHYSICAL
VIOLENCE. The statement

made on page 36 of the transcript,

Iine22 ALONE violates 'RULE 1.1 as this is a

threat, RULE 1.2, RULE 2.2, RULE 2.3, RULE 2.4(B), RULE 2.5, RULE 2.8, and Rule 2.12 Comment (1) which
says "A judge is responsible for HIS or HER OWN CONDUCT and for the CONDUCT of others".
Sincerely,

.Iames-Donald: Russian, sui juris, a Sovereign Living Soul

~tate of }kansas

Q[:ommission on 3Jubicial @ualificatiollS

Kansas Judici~I..center
301 S.w. Tenth Avenue
Topeka, Kansas 66612-1507

Telephone 785-296-2913

Facsimile 785-296-1028

ME,MBERSOF,
PANEL A

June 7, 2011

CHAIR:
William B. Swearer
Lawyer Member'

VICE-CHAIR:
Carolyn Tillotson
Lay Member
Nancy S. Anstaett
Lawyer Member
J. Patrick Brazil
Judge Member
Theodore B. Ice
Judge Member
Jennifer L. Jones
Judge Member
Christina Pannbacker
Lay Member

Julie Stover
303 S. JeffersonStreet
Frontenac, Kansas 66763
Re:

Docket No. 1115, In the Matter of A. J. Wachter

Dear Ms. Stover:

The Commission met June 3, 2011, at which time the above-captioned complaint
was considered.
Judge Wachter acknowledged and expressed regret for his use of the term
"peanut gallery." It was the consensus of the Commission that the judge's use of that
term was inappropriate, and it was the decision of the Commission to caution Judge
Wachter regarding future word choices.
It was further the decision of the Commission that the remainmg allegations
contained in your complaint contained no facts evidencing judicial misconduct as defined
in the Code of Judicial Conduct.
.
.

SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 666 J 2- J 507

Thank you for bringing your concerns to the attention of the Commission.
matter is now closed.
Sincerely,

William B. Swearer,
Chair
mm

This

EXAMPLES OF CONDUCT
FOUND TO BE IMPROPER '

A judge was found to have violated Rule 2.5(A) by failing to rule on a motion for
appointment of counsel for approximately one year. The judge was cautioned regarding
the importance of disposing of issues promptly and efficiently. The departmental justice
and chief judge were advised of the Commission's concern regarding delay.
A judge was found to have violated Rules 1.2 and 1.3 by throwing a cell phone not
belonging to the judge into the street and/or attempting to use the judge's position to gain
deferential treatment to prevent the filing of charges. The judge was privately ordered to
cease and desist from activities which lead to impropriety and the inappro .ate us
the
prestige of judicial office.
e t>. 1'\ uk

~1.\\\<2(Y

A judge, who incarcerated a respondent for contempt without the respondent having \ \..,
representation, was cautioned that counsel must be appointed before incarceration for \ \\6
indirect contempt. Johnson v, Johnson, 11 Kan. App. 2d 317, Syl. ~7 (1986) was cited.
\ I ( Ia
A judge, who made a disparaging comment about courtroom spectators -daring a hearing
which was acknowledged by the judge and reflected in the transcript, was cautioned
about future word choices.
A judge, who consulted with law enforcement and discussed subject documents in a case
with one of the attorneys involved in the case, was cautioned regardingindependent
investigations and ex parte communications. Rules 2.9(A) and (C) were citer.
A judge, who failed to rule on a 60-1507 motion for approximately 15 months, was
cautioned regarding delay.
A judge, who admitted to using language occasionally which soci~ might fmd
offensive, was cautioned on the use of offensive or inappropriate language od reminded
of the importance of considering the public's perception of the system. Rule 1.2 and
Comment [3] were cited.
~

22 "'.

~ul\e'?

f\ v'iSi"'Vi\ (0 1Y\& 1c..\'I\+

2011 Annual Report

() If\ ""'S (/~~

ttV~

Date:

7/22/2015

Time:

01 :26 PM

User: KV

Crawford County District Court (Pittsburg)

ROA Renf"\rt---~

Page 1 of 2

Case: 2013-DM-0~0308-P
(CU~JUdge:

Timothy Kundiger, et ai, Petitioner

(Dt!

(lJc-A-

AJ Wachter

vs. James Donald Russian, R

~ tIl'trf"es

Protection from Stalking

Date
12/18/2013

Petition Filed
Document 10 Number: 224782

Uniform Child Custody Jurisdiction Enforcement

V! ,\\ ~t-~
o fl
f<. e,'T"V" l
Act
(10 tfxf)

Document 10 Number: 224784

f) l)

2 Temporary Orders PFS

Document 10 Number: 224785

tI

General Information Sheet

Document 10 Number: 224783

II

e R c()0

A J Wachter
A J Wachter
A J Wachter

Summons Issued to Crawford County SO

Document 10 Number: 224786

A J Wachter

Fax of PFS Orders

Document ID Number: 224787

A J Wachter

12/20/2013

Summons Returned srvd Personal srvc 12-18-13

Document ID Number: 225080

A J Wachter

1116/2014

Motion For Change Of Judge

Document ID Number: 226953

A J Wachter

Final Order of Protection from Stalking

Document 10 Number: 227003

A J Wachter

Verified Notice of acceptance for value

Document 10 Number: 227010

A J Wachter

Commercial Notice Appointment of fiduciary Debtor

Document 10 Number: 227013

A J Wachter

Request for waiver of fees, fines & costslnotice of waiver of protest

Document ID Number: 227015

A J Wachter

bond
Document ID Number: 227018

A J Wachter

Notice for acceptance, standing and status ;request for remedy

Document ID Number: 227022

A J Wachter

Notice of notes by Van Leeuwen

Document 10 Number: 227074

A J Wachter

1/22/2014

Verified Notice of Acceptance for Value

Document 10 Number: 228045

A J Wachter

1/24/2014

Faxed another cpy of final order for stalking to So.

A J Wachter

1/2712014

Transcript of proceedings

A J Wachter

2/5/2014

Notice of Appeal
Document ID Number: 229182

A J Wachter

2/13/2014

Letter From Jamie Russian to Pam Hicks

Document 10 Number: 229850

A J Wachter

Letter From Jamie Russian Regarding Judge Loy

Document ID Number: 229851

A J Wachter

Letter From Jamie Russian regarding Judge Wachte

Document 10 Number: 229852

A J Wachter

+-

0 {-

Date:

7/22/2015

Crawford County District Court (Pittsburg)

Time:

01 :26 PM

ROA Report

Page 2 of 2

User: KV

Case: 2013-DM-000308-P
Current Judge: A J Wachter

Timothy Kundiger, et ai, Petitioner

Date
3/13/2014

VS.

James Donald Russian, Respondent

\
Email Sent Date: 03/13/2014'03.15
pili Tcr:-el'lafa
araoharo.com File
Attached: FINALORDEROFPROTECTIONFROMSTALKING.pdf
Name of
Document: Final Order of Protection from Stalking

Judge
A J Wachter

J Ucl.)

~'(

r.;Jo..uV

/"~D3~

f\r;-+ ~~..J ~

~e~vA

-j:vV\ l<u{lo\.~~e{' V~ .-Sc,.W\es K0<sSf,,\Y'\

In re Platt, 269 Kan. 509,8 P.3d 686 (2000).
A judge of the district court followed a disqualification policy with respect to several
attorneys which involved not hearing newly filed cases and implementation of an "informed
consent policy" for ongoing cases in which the judge did not recuse.
The Supreme Court found violations of Canons 1, 2A, 3B(1), 3B(5), 3B(7), 3C(1), and
3E(1). The court ordered public censure.

In re Groneman, 272 Kan. 1345,38 P.3d 735 (2002).

A district court judge allowed his administrative assistant to maintain dual employment
during courthouse hours and falsely reported time and leave information.
The respondent stipulated to violations of Canons 1, 2A, 2B, 3C(1t :(2j~and (4). The
Supreme Court ordered public censure and other conditions, including repayment to the State of
Kansas for hours not worked.

In re Robertson, 280 Kan. 266,120 P.3d 790 (2005).

A district court judge admitted violation of the judicial district's administrative order
regarding computer and internet usage when, over an extended period of time, he used the
county-owned computer located in his office at the courthouse to access and display sexually
explicit images, messages, and materials.
The Supreme Court found violations of Canon 1, Canon 2, and Canon 4(A}(2). The court
ordered removal from office.
.

In re Pilshaw, 286 Kan. 574,186 P.3d 708 (2008).

A judge of the district court was found to have lost her temper and engaged in emotional
outbursts.
The Supreme Court found violations of Canons 2A and 3B(3) and (4). The Supreme
Court ordered public censure .

.
----------2013

ANNuAL REpORT.

PAGE

28~---------..

---

, am making this ethic complaint with the Kansas Commission on Judicial Qualifications
Frederick Smith of Crawford County, Kansas for the following

rules he possibly violated VlJiththe KANSAS

CODE OF JUDICIAL CONDUCT RULE 601B in case number Cll000400

a continuance

on June 8, 2011. I filed a motion for

on April 26, 2011 and received half of what I requested.

"that I have enclosed", I informed

~n Honorable

Honorable Smith on statement

In my motion for a continuance

6 that I had filed an ethics complaint

against Judge Wachter and Judge Noland who are both work colleagues of his and have ~een for over 20
years and I did not feel comfortable
On statement

with him hearing my case.

8, I informed him of RULE 2.11 DISQUALIFICATION, according to KANSAS CODE OF

JUDICIAL CONDUCT and K.S.A. 20-311D.

new unbiased judge.

In my closing statement,

I asked for a new court date and a

I received a new court date on June 8, 2011, but I was surprised when I showed up

and Honorable Frederick Smith was still the judge.

Honorable Frederick Smith failed to rfcuse himself

from this case and I feel he violated RULE 2.11 of the KANSAS CODE OF JUDICIAL CONDt1~.
comfortable

I do not feel

in front of any judge in Crawford County, Kansas and I am afraid to speak in court or I will

be charged with contempt.

I feel Honorable Frederick Smith violated RULE 1.1 and RULE 1.2 of the KANSAS CODE OF,JUDICIAL
CONDUCT as he is not avoiding impropriety

in this case number and he is not showing impartiality.

I feel

he has violated RULE 2.2 of the KANSAS CODE OF JUDICIAL CONDUCT as he was not showing impartiality
and fairness towards me because I had filed ethic complaints on two of his work colleagues.

I did not

bring this up in my MOTION FOR CONTINUANCE because I thought that my ethic complaints on his work
colleagues would have been a big enough conflict of interest that I did not feel I had te bring up my
personal relationship

with Frederick Smith. However, I feel Honorable Smith violatedR:/JLE 2.3 of the

KANSAS CODE OF JUDICIAL CONDUCT as he has been biased and prejudiced against me for an incident
that happened approximately

20 years ago. I was getting my hair cut at Kristy's Beauty Corner over by

Pittsburg State University and Honorable Frederick Smith's wife was in there getting her hair cut. She
was informing the hairstylist and whoever else would listen in the shop as she was pretty angry about
this incident she was speaking about.

She went on to inform us that her husband, Honorable Frederick

Smith, was a cheater and that he was having an affair with his secretary at the time, Mrs. Bozich. I knew
of Mrs. Bozich's husband, John Bozich, and was very shocked to hear this information.

I was not friends

with Mr. Bozich but I was friends with a co-worker of his, Michael White, as we both went to the
Catholic Church together for years. I knew that both, Mr. Bozich and Michael White, wojked at the
Residential Center for Youth for years and then went on to work together at KAW VaUey., I informed Mr.
White what I had heard and of course hie went on to tell John Bozich about the so-called affair between
Honorable Frederick Smith and Mrs. Bozich. Mr. and Mrs. Bozich got a divorce and I feel that Honorable
Rick Smith has been mad at me ever since I let this information

out that Honorable Smith's wife had

revealed that day in Kristy's Beauty Corner. This is another reason that Honorable Frederick Smith
should never have heard my case.
I also feel he violated RULE 2.6 of the KANSAS CODE OF JUDICIAL CONDUCT Ensuring the Right to be

Heard, because when I spoke, Honorable Smith said, "MR. RUSSIAN, YOU BETIER SHUT YOUR MOUTH

71C

NOW!!!!!

OR YOU WILL GO TO JAIL FOR CONTEMPT OF COURT!!!!!!"

I feel that telling a person to shut

their mouth and threaten them with jail is no way to treat anybody, let alone a party to a lawsuit in a

courtroom

where you are supposed to be made to feel at ease with confidence.

properly present my case for fear of arrest.

courteous to me.

I am

t~ scared to

I feel Honorable Smith violated RUlE2.-8by~ot

being

I feel Honorable John Gariglietti should have re-assigned this case to another judge

from another county and he did not so I think he is responsible for this mistake as well. For this reason, I
am also filing a complaint on Honorable John Gariglietti, for violating RULE 1.1 and 1.2 of the KANSAS
CODE OF JUDICIAL CONDUCT as I have no confidence in the judges of Crawford County ~~ be fair to me.
I feel that Honorable John Gariglietti violated RULESOF THE ELEVENTHJUDICIAL 91STRICTSTATE OF
KANSAS RULE NO.2 on Assignment of Cases. This case should have been re-assigned like Chief Justice
Lawton Nuss has done in the past by assigning Retired Judge Janice Russell to cases that are conflicts of
interests.
I would now like to file a complaint

stemming from Vera Pepper vs. Edward Battitorl's.ease

on June 9,

2011 in case number llSC57P that I attended with Vera to support her as she is a Jriern;! of mine.
Before court started at 9:00 AM, I heard Pro Temp Judge Rick Smith telling the Defendant, Edward
Battitori, also an attorney in Pittsburg, Kansas, in case number llSC57P, that Eddie should have a seat
and Judge Smith would call his case fast. Pro Temp Judge Rick Smith then called this case first that day
so his friend lithe Defendant, Eddie Battitori",

could leave and not have to wait his tur~. This is a

violation of EXPARTERULE 2.9 of the KANSAS CODE OF JUDICIAL CONDUCT ashe made this statement
before court without

consent of Vera Pepper, who is the other party. I feel this is also a violation of

K.S.A. 60-104 Acts by Court of Judge which says "that no hearing, other than one ex parte, shall be
conducted outside the district without the consent of all parties affected thereby who are not in
default".

He also violated K.S.A. 61-2707 (a) Appearance by Others in a Representative

~apacity by not

allowing Vera Pepper to have me, James Donald Russian, appear in a representattve capacitv which the
code allows since I am not an attorney.

He called Vera's case number first because he is friends with

Edward Battitori and that is why he called his case first and had an EXPARTEconversation
save him time.

Honorable Rick Smith does not have those same conversations

with him to

with everyone else who

is a party in small claims court and I feel this is a violation of RULE 2.3 of the KANSAS COqE OF JUDICIAL
CONDUCT by being biased and prejudice.

He did disqualify himself under rule2.11ofth~

KANSAS CODE

OF JUDICIAL CONDUCT for a conflict of interest and I do commend him for that. This is how I feel he
should have handled case number C11000400 and should have disqualified

himself from that case. He

also made a ruling in case number llSC61P involving ({JOEPAGE" to have a power of attorney,

but

Judge Janice Russell did not allow Michael L. King in case number llSC33P to have a ~OWER OF
ATTORNEY when I was made aware of that case number.

I do not understandwhvone

rule can be

broken by one judge and one party is allowed something where another party in another case is not
allowed the same respect.

Is it a "ALL IN WHO YOU KNOW" situation down here in Crawford County,

Kansas?
It seems the only time you can have a POWER OF ATTORNEY or a representative
K.S.A. 61-2707

in.acr:~rdance with

la) in Crawford County Court is if you are possibly a millionaire businessman like JOE

PAGE was in Pittsburg, Kansas for over 20 years. It is VERY, VERY possible that every judge in Crawford
County, Kansas has at least done business with JOE PAGE as he owned a trash service in town amongst
other types of businesses. I have enclosed an order from case number 11SC33P where Judge Janice

Russell says that The court denies Mr. King's motion to allow his son to act as his
even though is son is his Power of Attorney.

spokesperson in court

Then in case number llSC61P, withJGf ~E,

allowed to have a power of attorney or representative

he is

speak for him and Joe Page 1)10 NOT EVEN SHOW

UP! I am making this complaint so that I can understand the rules of SMALL CLAIMS court so that I
don't get a contempt

of court.

I am scared to even speak in the courtroom

judge, Judge Janice Russell, rules one way on a representative

as I look up codes and one

and then another judge.Pro Temp Rick

Smith, rules the complete opposite.

There is no way that both judges can be right on this ruling.

Either Janice Russell is wrong or Rick Smith

is wrong and I would like to find out as soon as possible on the statute K.S.A. 61-2707 (a). Can you have
a representative

that is not an attorney sit with you in small claims court or not? Can you have a power

of attorney speak for you in small claims court or any court for that matter and the party not even have
to show up? These are questions that need to be answered to avoid public citizens-goinQ to jail for an
UNNECCESSARYcontempt of court charge.
Sincerely,

James Donald Russian

EXAMPLES OF CONDUCT FOUND TO BE PIlO~ER

OR OUTSIDE THE COMMISSION'S JURISDICTIQN

No violation was found when it was alleged a district judge denied a defendant the right
to a jury trial on an appeal from misdemeanor convictions following a trial to a
magistrate judge. The judge acted in accordance with K.S.A. 22-3609a and 22-3404.
No violation was found when it was alleged a judge made inappropriate personal
comments to a defendant by telling the defendant to shut tJP. The transcript of the
proceeding did not reflect the statement.
""'S~y/\ 'Ie 15 CDrl'pl "'~11.+ 0 VI fr.~ y.~(l'<,

>

fl\

,',t-V'

No violation was found when it was alleged a judge ordered the complain~t be removed
from a CINe temporary custody hearing. While the judge admitted thec0l!tplainant was
asked to leave the courtroom, it was because interested party :status -had not been
requested or granted and the attorneys also requested removal. The removal from the
courthouse was due to disruptive and disorderly behavior.
No violation was found when it was alleged a judge failed to recuse due ~ a conflict of
interest. A hearing was held on the motion to recuse, and the party ~
advised the
matter could be further addressed with the chief judge.
No violation was found when it was alleged a judge exhibited racism toward a defendant
and/or defendant's homeland with regard to decisions. The defendant was represented by
counsel, and court pleadings did not reflect any violation. There were no; witnesses to
support the allegations.
No violation was found when it was alleged a judge exhibited disruptive behavior by
continually interrupting and yelling at a defendant and telling the defendant to hurry up
so the judge could go home. While the judge admitted to being stem to maintain control
of the courtroom, the judge denied exhibiting disruptive behavior. Witnesjes confirmed
the judge acted appropriately.
No violation was found when it was alleged a judge inappropriately held court at a
correctional facility. Authority does exist to hold hearings at a correctional facility
pursuant to K.S.A. 20-347.

2011 Annual Report

t',_

21

--s-~
~e3 ~ J~ tG\~"
Co
1~1vt- vv,-r ,,",,"N' Y ;;J:'> I ').
fY1 J?

H/~

I\ts..V-.. eil

f\oo~

on Honorable Donald R. Noland of the Eleventh Judicial Distrkt in Crawford

I am writing this complaint

County.

<)
Wi!
y~'"'":)1,

I was reading through Kansas Court Rules and Procedures and was reading the section titled

"REPORT OF SUPREME COURT STANDARDS COMMITTEE-GENERAL

THE DISTRICT COURTS."
2011CR000093G.

FOR

After reading this, I do not feel that I have received Justice in case number

It states that Justice is effective when it is: (A) Fairly Administered

all litigants, indigent and otherwise,

counsel.

PRINCIPLSAND"GUIDELINES
without

and especially those charged with crime, represented

I was stopped and interviewed

on February 18,2011 for a misdemeanor

Delay, With

by competent

-and~ad

not guilty

on April 7, 2011. I was supposed to be to trial by October 7,2011 which would have-been 180 days since
I plead not guilty.

K.S.A. 22-3402(2) says that If any person charged with a crime and held to answer on

an appearance bond shall not be brought to trial within one hundred eighty (180) days after
arraignment

on the charge, such person shall be entitled to be discharged from further liability to be

tried for the crime charged, unless the delay shall happen as a result of the applk-at-iGn?r fault of the
defendant,

or a continuance

shall be ordered by the court under subsection(3).

I was suppose to have a Jury Trial-G Hearing on August 11, 2011 and I have enclosed the returned
subpoena of Jeremy Allen to show this. I also have enclosed a copy of the court docket. showing that a
Memo to Pam Re: Jury Trial was filed on April 7, 2011. The docket also shows that on AUfust 1, 2011
the State of Kansas issued 4 subpoenas. The docket shows that on August 2 r 2611 3c.ofthe witnesses
had been served but not Holly Engelbrecht-Russian.

Holly Engelbrecht-Russian

was previously served by

certified mail on March 29, 2011 and should have been served again this way on August 1, 2011.
It is now January 7, 2012 and I have still not been to trial and there has not been a conti9uance

issued by

the court in accordance with K.5.A. 22-3402(3) and this case should be dismissed. -A<:oo~ing to letter (D)
under Justice is effective says that (D) Under Simple and Efficient Rules of Procedure, it is "Designed to
encourage advance trial preparation,

Eliminate the element of surprise, Facilitate the ascertainment

truth, Reduce the expense of litigation, And expedite the administration

letter (D) says Litigation

of justice.

of

Number (2) under

delay causes litigants expense and anxiety. Judges and lawyers have a

professional obligation to avoid misuse and overuse of discovery and to

terminate titigation as soon as it

is reasonably possible to do so. Number (4) says that No case should be permitted

to ftoat in the system

and that is what I feel is going on in my case. My case has been on the docket too long and is floating in
the judicial system. (5) says that there should be time standards established as a guide for the
disposition of cases.
After I read statement

(5) I then went to the TIME STANDARDS and saw what the median for criminal

cases are. It says that under Criminal Cases for Misdemeanor-(excluding

median time of sixty (GO)days from date of first appearance.
guilty on April 7, 2011 and I have still not been to trial.

traffic)- to trial or plea, within a

It has now been 270 days since I plead not

I feel that Honorable Noland has not complied

with number (8) under Justice is effective as it says that "The most effective way of comhrting
delay is to modify the local legal culture by the adoption and use of a case maaagemeatsvstem.
basic concept of case management
of litigation.
responsibility

is that the court, rather than the attorneys,

court
The

should control the pace

It is the duty of the judge to the people to run the court and not abdicate the
to counsel.

I feel that Judge Noland also did not comply with (9) (A) under Justice is

effective as it says that Early and continuous

control of the court calendar by the judge.

Honorable Noland has allowed this case to float in the system to long and has not taken.control
court calendar since Information

was first filed on March 2, 2011 and has not oaidattentlon

of the

to the (180)

calendar days for me to go to trial by October 7, 2011. According to letter (E) under Justice is effective

.-t,

says that Older cases should be emphasized and ordinarily

This case has been on the docket for approximately

given priority in trial settings .

300 days and should be dlsralssed, and Judge

Noland is not giving this case priority even though it has been on the docket since ~arch

2, 2011.

r feel that with all the issues r raised that Honorable Noland has now violated THE KANSAS CODE OF
JUDICIAL CONDUCT.
I feel that he violated RULE 1.2(5) appearance of Impartiality,

as I have made an ethic c~plaint

Honorable Noland in the past and I feel that he can not be impartial in this

case. lieeltb~t

against

he can not

listen to this case and be Impartial and Fair in accordance with RULE 2.2. I also feel now that I have
made an ethic complaint against him in the past that he is biased against me according to RULE 2.3 and
he should disqualify himself from hearing this case in accordance with RULE 2.11. I feel he also could

me

have violated RULE 2.4(6) as he is allowing other interests, which I feel is his biased ag~inst
>.

as why

this case has not already been dismissed.

r feel that Honorable Noland has also violated RULE 2.5 as he has not taken control of this case and has
not gotten this case to trial within the 180 days that K.5.A. 22-3402 states should be done. I therefore
feel that he has shown he is not following
competent

court rules and procedures and has shown he is not

according to RULE 2.5.

And last but not least my attorney Katherine Cerne wrote a letter on A~ril 6, 2011 for Honorable Noland
to disqualify himself in accordance with K.S.A. 20-311d and he has still not made a decision.
attorney shows Via Facsimile to 620-724-4987 which is the courts number.

My

I received my letter in the

mail to Judge Noland to disqualify himself with a Request for Jury Trial Out of Time attached.

I went and

got a copy of the court docket on January 3, 2012 and noticed on April 6, 2011 that the clprk of the court
had only filed the 2nd page which was the "Request for Jury Trial Out of Time". I think that the clerk of
the court made a mistake by not getting the full document filed in the case and did not follow K.S.A. 602601(d).

I noticed this on January 3,2012 so I took my copy and had the letter to Honorable Noland to

disqualify himself stamped with the court on January 3, 2012. Even though the clerk oftt'e
get this filed like she should have on April 6, 2011, the court still received this as
the court. Judge Noland has never given the hearing my attorney

requested.

court did not

mv att~ney

faxed it to

I feet since Honorable

Noland has waited this long to make a decision to disqualify himself and this court case has went over
the 180 days to get a defendant to trial, I now feel he violated RULE 2.11 because he still has not
disqualified

himself even though there are numerous conflicts of interests and he is ~ed

After reading the pamphlet on COMMISSION ON JUDICIAL QUAUFICATrONS,lfeeltnat

should take the following

~he Commission

action by issuing a cease and desist order to Honorable Noland on this case,

since he seems to be determined

James Russian

against me.

to hear this case even though there is a conflict of interest.

EXAMPLES OF CONDUCT
FOUND TO BE IMPROPER
Several judges were found to have violated Rule 1.3 by providing a statement of
endorsement which appeared in an annual report of an organization that provides medical
and behavioral healthcare, social services, and education to children and families. While
the judges did not give permission for their statements to appear in the ann~l report, the
judges were cautioned to be mindful and vigilant in the future to avoid statements that
may be used in unintended ways to advance the interests of others.
A judge was found to have violated Rule 2.5(A) by failing to enforce a court order which
resulted in several months' delay in settling an estate. The judge was privat~ly ordered to
cease and desist from dilatory practices which result in unnecessary delay,
A judge was found to have violated Rule 1.2 by making an inappropriate joke while
appearing on a radio program. The judge was cautioned about future word choices and
the importance of public perception.
A judge was found to have violated Rule 2.9(A) by participating in ex parte
communications regarding child visitation and Rules 1.1 and 1.2 by threatening to have a
litigant arrested. The judge was cautioned regarding ex parte communications and for
threatening the litigant with arrest without a legal basis.
A judge was found to have violated Rule 1.2, the appearance of impwpriety, after
admitting a romantic relationship with a court employee. In cautioning il?-ejudge, the
Commission emphasized the importance of maintaining a professional relationship at the
office and the need to consider the public's perception of a judge's personal relationship
with an employee.
i1~'C-:~

A judge, who was found to have violated Rule 2.5(A) by failing to rule o~a motion for

"T: \..approximately 10 months, was cautioned regarding delay.

~v
Q.

--ju' 0)

~ti~""

.'

A judge, who made inappropriate comments which offended a litigant during a physical
abuse hearing, was found to have violated Rule 2.8(B). The comments were reflected in
the transcript, and the judge was cautioned regarding word choices.
A judge was found to have violated Rules 1.3 and 4.1(B)(2) by endorsing a political
candidate for office on the candidate's Facebook page by "liking" a comment. The judge
was privately ordered to cease and desist from publicly endorsing a candidate for any
public office.

24 .',-

2012 Annual Report

QCommission on jJ utnnal ~ualifitations

Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, Kansas 66612-1507

Telephone 785-296-2913

Facsimile 785-296-1028

CHAIR:
David J. King
Judge Member

VICE-CHAIR:

January 13,2012

William B. Swearer
Lawyet Member
Nancy S. Anstaett
Lawyer Member

J. Patrick Brazil
Judge Member
Bruce Buchanan
Lay Member
Dr. Mary Davidson Cohen
Lay Member
RobertJ. Fleming
Judge Member

James Donald Russian

503 West Kansas
Pittsburg, Kansas 66762
Re:

Your complaint against District Judge Donald R. Noland

Dear Mr. Russian:

The above-captioned complaint will be referred to the Commission and will be
placed on the Commission's March 2, 2012, meeting agenda.

Theodore B. Ice
Judge Member

Cordially,

~n8'~

Jennifer L. Jones
Judge Member
Jeffery A. Mason
Lawyer Member
Christina Pannbacker
Lay Member

Secretary

mm

Mikel L. Stout
Lawyer Member
Carolyn Tillotson
Lay Member
Thomas L. Toepfer
Judge Member
.

SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 66612-1507

I)

Date:

7/22/2015

Crawford County District Court (Girard)

Time:

01 :27 PM

ROA Report

Page 2 of 3

Case: 2011-CR-000093-G

User: KV

Current Judge: Lori A Bolton Fleming

Defendant: Russian, James Donald

State of Kansas vs. James Donald Russian

Misdemeanor
Date

"

Judge

4/12/2011

Letter from the Def re: case.

Document 10 number: 76288

Donald R Noland

7/13/2011

Letter from Defendant RE: case

Document 10 number: 82727

Donald R Noland

8/112011

Subpoena Issued to Holly Engelbrecht-Russian (back to CA's office for out

of state service), Benne Phipps, Jeremy Allen and Bob Arnall

Donald R Noland

8/2/2011

Subpoena Return: Bob Arnall- office-8/1/11,

Jeremy Allen-office-8/1/11
Document 10 number: 84322

Donald R Noland

Benne Phipps-office-8/1111,

Endorsement of Additional Witnesses

Document 10 number: 84486

Donald R Noland

1/3/2012

Ltr - copy of letter addressed to Judge Noland from Cerne brought in by

def to be added to his file
Document 10 number: 94532

Donald R Noland

1/6/2012

Notice of Hearing prepared by CA's office

Document 10 number: 94533

Donald R Noland

2/6/2012

Hearing Rescheduled
not returned

2/7/2012

Notice of Hearing
Document 10 number: 97052

Donald R Noland

2/27/2012

Hearing Rescheduled (First Appearance 03/26/201209:00

AM) Note
from CA says: Per Tresa Noyes. Mr. Mr Russian is currently working out
of town & probably didn't receive his Notice of Hearing. She said he has
always been cooperative on Bond Supervision & recomends we proceed
wi a Summons instead of a Warrant.

Donald R Noland

Summons Issued to CRCOSO

Donald R Noland

3/26/2012

Summons Return: James Donald Russian - no contact

Document 10 number: 100009

Donald R Noland

4/312012

Hearing Scheduled

(First Appearance

(First Appearance

02/13/2012

05/14/201209:00

AM)

Donald R Noland

Donald R Noland

Summons Issued to CRCOSO

Donald R Noland

5/2/2012

Summons Returned/No Service - no contact 5/1/12

Document 10 number: 102763

Donald R Noland

5/22/2012
5/23/2012

Judge: Retired (batch process)

Affidavit for Bench Warrant

-?(

09:00 AM) diversion

Document sealed

Lori A Bolton Fleming

5/24/2012

Bench Warrant Issued Bond amount: .00 Failure to Appear Defendant:

Russian, James Donald
Document 10 number: 104375

Lori A Bolton Fleming

5/31/2012

Cancelled Warrant Report

Document 10 number: 104662

Lori A Bolton Fleming

6/112012

Bench Warrant ServedlReturned

James Donald
Document 10 number: 104766

6/7/2012

Diversion Agreement
Document 10 number: 105145

Failure to Appear Defendant: Russian,

Lori A Bolton Fleming

Lori A Bolton Fleming

Date:

7/22/2015

Time:

01 :27 PM

Page 1 of 3

Crawford County District Court (Girard)

ROA Report
Case: 2011-CR-000093-G

Current Judge: Lori A Bolton Fleming

Defendant: Russian, James Donald

State of Kansas vs. James Donald Russian

Misdemeanor
Date
3/2/2011

Judge
Information
Document ID number: 72788

Donald R Noland
Donald R Noland

Factual Affidavit
Document sealed
Arrest Warrant Issued Bond amount: .00
Donald
Document ID number: 72789
3/3/2011

Arrest Warrant Served/Returned

Notice of Hearing-Cerne-packet
Document ID number: 73091

3/4/2011

3/11/2011

Defendant: Russian, James

Defendant: Russian, James Donald

mailed to her office

Donald R Noland

Donald R Noland
Donald R Noland

Commitment to county jail- $2000 CashlSurety bond

Document ID number: 73092

Donald R Noland

Order for Bond Supervision

Document ID number: 73093

Donald R Noland

Cancelled Warrant Report

Document ID number: 73094

Donald R Noland

Bond received - $2000 (Girard)

Document ID number: 73095

Donald R Noland

Warrant Returned
Document ID number: 73096

Donald R Noland

Subpoena Issued to Bob Arnall

Donald R Noland

Subpoena Issued to Holly Engelbrecht-Russian (back to CA's office for out

of state service), Benne Phipps, Jeremy Allen and Bob Arnall

Donald R Noland

Subpoena Return: Lt Bob Arnall- office-3/4/11

Document ID number: 73888

Donald R Noland

3/14/2011

Subpoena Return: Bob Arnall- office-3/4/11,

Benne Phipps-offic3e-3/14/11
Document ID number: 73889

3/29/2011

Subpoena Return: Holly A. Engelbrecht-Russian-certDocument ID number: 75070

3/31/2011

Letter from Defendant RE: About Attorney

Document ID number: 75528

Donald R Noland

Motion for Continuance

Document ID number: 75529

Donald R Noland

4/412011

Letter from Judge RE: defs letter

Document ID number: 75530

Donald R Noland

4/6/2011

Request for Jury Trial Out of Time

Document ID number: 75802

Donald R Noland

4/7/2011

Notice of Hearing
Document ID number: 75897

Donald R Noland

Notice of Rule #354- ctr/mot-digital recorder on 4/7/11

Document ID number: 75898

Donald R Noland

Memo to Pam Re: Jury Trial

Document ID number: 75899

Donald R Noland

Jeremy Allen- office-31114/11,

3/15/11

Donald R Noland

Donald R Noland

'11. SEP 16 1\8 :29

IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS
STATE OF KANSAS,
PLAINTIFF

, '-RK Of OI:;,'\P.ICT COUt,~

,l\RA'fIFORD
COUHT't'

)
)
)

VS.

:.~"y

. -----

....

--.---

CASE NO. 2011-CR-000093- G

)
)
)

JAMES DONALD RUSSIAN,

DEFENDANT

ORDER TO DISMISS
NOW, on this

, 2013,

day of ~

the above

entitled matter comes before the Court on the Motion to Dismiss filed herein by the State
of Kansas.
The Court, being fully advised, finds that the above-entitled matter should be and
hereby is dismissed with prejudice,

as Defendant

has complied

with terms of his

Diversion Agreement.

JUDGE OF THE DISTRICT COURT

Date:

7/22/2015

Time:

01 :27 PM

Page 3 of 3

User: KV

Crawford County District Court (Girard)

ROA Report
Case: 2011-CR-000093-G

Current Judge: Lori A Bolton Fleming

Defendant: Russian, James Donald

State of Kansas vs. James Donald Russian

Misdemeanor
Judge

Date
9/13/2013

Motion to Dismiss
Document ID number: 137284

Lori A Bolton Fleming

9/16/2013

Order to Dismiss
Document ID number: 137285

Lori A Bolton Fleming

Fll..:n
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IN THE DISTRlCT

JJN-7

COURT OF eRA WFORD COUNTY, KANSAS

cCRI( OF DI'":

STATE OF KANSAS,

A.WFDlTO'

___..

'-.

Plaintiff,
VS.

AlJ .'57

tr.,

tIler too ~

. COU/fry

fI,

Case No: 2011CR-000093G

JAMES DONALD RUSSfAN,

Defendant.

DIVERSIONARY AGREEMENT - PRETRIAL RELEASE AND

GENERAL CONTINUANCE ORDER
NOW on this ~

day of ~

, 201 ~the defendant appears in person and

by ltislher attorney, Kathleen M Cerne.

The State appears by Reina J Probert Assistant County

Attorney. The matter comes on before the Court on the joint agreement of diversion of prosecution
and continuance for approval by the Court.
The Court, being fully advised in the premises, finds that the defendant was charged on the 18th
day of February, 201 I, with

Violation of a protection from stalking order, a class A person

misdemeanor, contrary to KS.A. 21-3843 (a) (6) and these charges remain in full force and effect.
Defendant agrees as follows:
1. To pay the following fees within 90 DAYS of the date of signing this Agreement, to-wit:

$160.00

a. Court Costs:
b. Fine:
c. Diversion Fee:
d. Other:

s
$

TOTAL:

$]60.00

THE TOTAL OF $160.00 SHALL BE PAID TO THE CLERK OF THE DISTRICT

COURT LOCATED AT GIRARD DISTRICT COURT, P.O. BOX 69, GIRARD, KANSAS
66743.
2. To not violate any federal, state or local law for a period of 12 MONTHS
signing this agreement.
DEFENDANT SHALL HAVE NO CONTACT,
WITa HOLLY ENGELBRECHT-RUSSIAN.

EITHER

DIRECTLY

from the date of

OR INDIRECTLY

3. That the following facts are true and correct and the defendant is stipulating to these facts:
That on or about 18th day of February,

2011, in Crawford

County,

Kansas,

Donald Russian, then and there being did unlawfully and knowingly or intentionally
protection

from stalking order issued pursuant

and amendments

thereto, in Crawford

James
violate a

to K.S.A. 2004 Supp. 60-31a05 or 60-31a06,

County Case No. 2011-DM-43P,

in violation of KS.A.

21-3843(a)(6), Violation of a protection from stalking order, a class A person misdemeanor.

4. To waive all hislher rights to a speedy trial under the laws and statutes of the State of Kansas
and under the constitutions of the State of Kansas and the United States, and further waives his/her
rights to a speedy arraignment, preliminary examinations, to a trial by jury, and hislher rights against
self incrimination under the constitutions of the United States and the State of Kansas and the laws
and statutes of the State of Kansas.

5. That under the Constitution of the United States and of the State of Kansas, the defendant
has the right to be represented by a lawyer at all critical stages, before trial, at trial itself, and during
proceedings to determine what sentence should be imposed if he/she is found guilty. The defendant
understands that if he/she is unable to obtain the services of a lawyer without incurring substantial
hardship to themselves or to their family, one will be furnished for him/her. Court may order
attorney fees if appropriate and the defendant is financially capable of so paying.
6. That if the State files a motion to revoke diversion due to the defendant's failure to comply
with any of the provisions of this diversion agreement, including but not limited to failure to pay
fees, and the criminal proceedings on the complaint are resumed, the defendant agrees and
acknowledges that the proceedings, including any proceedings on appeal, shall be conducted on the
record based on the stipulation of facts relating to the complaint, and the defendant will be unable to
present any defense as to the underlying offense and stipulation of facts. The State, however, may
present additional facts necessary to establish a factual basis if required by the Court without
objection by the defendant.

C. State agrees as follows:

Upon successful
prejudice.

completion

of this diversion to dismiss the underlying

complaint

with

The defendant acknowledges that he/she has read and reviewed the above diversion agreement,
including the waiver of rights and stipulations. The defendant further acknowledges that he/she
understands this diversion agreement and will comply with its terms.
D. The Court further finds that:
1. The defendant has voluntarily waived his/her right to a speedy trial with advice of counsel.
2. The defendant understands that the State must prove him guilty beyond a reasonable doubt and
that he/she has a right to a trial.
3.

The defendant understands that during the period of diversion of prosecution,

the charges

pending against him will remain in full force and effect and that the said matter may be set for trial
prior to the end of diversion period if this diversionary agreement is terminated before successful
completion.
4.

That upon successful completion of the diversion period, the complaint will be dismissed with

prejudice by the State of Kansas.

IT IS THEREFORE

BY THE COURT ORDERED that said defendant be and is hereby

released pending trial or disposition for a period of twelve months, conditioned upon the successful
completion of the diversionary program and upon the following conditions, to-wit:
1. That he/she refrain from violating any ofthe laws of the United States or of any state.
2. That he/she report to this Court, the County Attorney's Office, or any other person at any
time that he/she may be ordered to do so by the Court or anyone so designated by the Court.
3. That he/she pay the associated costs as enumerated above during the allotted time.
The Court or the State of Kansas hereby reserves the right to terminate this agreement at any time
prior to the successful completion of all the terms of this diversion agreement and dismissal of the
3

case herein, if the defendant fails to fulfill any of the terms of this agreement or demands that this
case be set for trial.
DiS~~=r"",--

Approved:

Kathleen M Cerne, #15572

Attorney for the Defendant
1001 NBroadway Suite B
Pittsburg, KS 66762

I, James Donald Russian, the above-named defendant, have read the above order and know
the contents thereof and I hereby agree to comply with the conditions as set forth herein.

Subscribed and sworn to before me by James Donald Russian this

3\ day of

2011~

e J...

\. o:-e.
~

. \'

C\ f\Cj

March

:J 6 I A

Kathleen Cerne

1001 N Broadway
Pittsburg, Ks 66762

Dear Attorney Cerne:

I am writing to you because I have not heard anything back from you in regards to. the letter I sent you
on December 20,2012.
persons not-brought

I never heard back if you filed a Motion to Dismiss for lack of presecution

and

promptly to trial in accordance with i<.S.A. 22-3402(2} or 1f'VGU ft{ed_ the motion to

have Honorable Noland recuse himself.

I have recently found out that Honorable Noland, Mary Jo Goedeke, and- Pittsburg PQJJceOfficer Tim
Thompkins were all members of the board of directors for BigjBrothersjBigjSisters

in 2QP9. I think that

this would be a conflict of interest in accordance with RULESRELATING TO JUDICIAL CO~DUCT CANON 3
RULE 3.1. Perhaps the reason why this case has not been dismissed yet is that:~
biased for the prosecution

because he has previously volunteered

Noland is

with Mary Jo Goedeke.

I just wanted to touch base with you, since you are my court-appointed

attamey:amH

have not heard

back from you regarding this stalking case. I wanted to get in touch with you because I hfve been
welding out of town on a-couple jobs and +m-currentlv
could take 8 to 12 weeks.

otrt-of-townTight-new-ifl

WV~

for a job that

-

Feel free to call me at my cell phone at 620-249-4608 as I will be out of town and will not be able to read
any letters you would, have sent me.

Sincerely,
James Russian

w h..'1

May 6 ,2012

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300

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Kathleen Cerne

j{e~ r~c\\

1001 N. Broadway

-r he

Pittsburg, Ks 66762

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Greetings Attorney Cerne:

I have been busy working out of town trying to make a living to be able to eat and pay my bills. I have to
report to Teresa Noyes until the case number of 2011CR93G has been dismissed. Ms. Noyes informed
me that she had heard that the county had not dismissed this case. She stated that-she heard the
county was trying to serve me and I told her I had been busy working.

She asked me-if I had been in

contact with my attorney and I told her that Ihad sent you letters.
I am very disappointed

that this case has been going on for over a year and still has not been dismissed.

The county is now starting to cause me financial and emotional

probation

and this is interfering

my children.

damages because I still have to report to

with the wages I could make, by welding on the road

and visitation with

I have a rare trade skill that pays per diem and good wages on the road. However if I am

forced to be stuck around Pittsburg, Kansas this town does not pay anything close to what I can make
over seas or in other states on the road.

I would like for you to request a hearing for attorney Michael Gayoso to recuse himseJf from prosecuting
this case. According

to "KANSAS RULES OF PROFESSIONAL CONDUCT" Rule 1.9 CONFLICT OF INTEREST

FORMER CLIENT, Rule 1.6 CONFIDENTIALITY OF INFORMATION, Rule 1.7 CONFLICTOF INTEREST:
GENERAL RULE, and possibly Rule 1.8 CONFLICT OF INTERESTPROHIBITED TRANSACTIONS I feel that Mr.
Gayoso should be disqualified

from prosecuting this case.

Mr. Gayoso previously was an attorney

for "Holly Engelbrecht"

and she isthe witness in this case for

the state. She is my ex- wife and Mr. Gayoso was her divorce attorney during our divorce and she later
retained Mr. Battitori to represent her at a hearing that took away my visitation freedom with my
children.

Mr. Battitori and Mr. Gayoso also were previously private law partners before Mr. Gayoso

became Crawford County Attorney.

Proceeding because Mr. Battitori

My good friend Vera Pepper sued Mr. Battitori in a S,mall Claims

did not do all that he had informed Ms. Pepper that he-would do for

what she paid him. I showed up at the case with Ms. Pepper and attempted

to sit with her according to

K.S.A. 61-2707(a) but Honorable Rick Smith told me I was not allowed even though the Small Claims
Pamphlet says that "Indivlduals

and Corporations

may use non-attorney

representatives".

I feel the reason this case has not been dismissed is because of Mr. Gayoso's prejudice against me for
the above reasons' stated.

Please inform me if you will be filing a motion for Mr. Gayoso to recuse

I'

.,.

himself for conflict of interest or if I need to proceed with filing my own complaint

aga'rst Mr. Gayoso

with Stanton Hazlett of the "OFFICE OF THE DISCIPLINARYAOMISISTRATOR". lalsopJa"

to sue the

county for civil damages if this case is not dismissed and I was wandering if you would 1ike to represent
me in a civil lawsuit against Crawford County if this case is not dismissed or if I will need to proceed Pro
Se for that.
I also wanted to let you know that if the county does not dismiss this case and we do I~
do want you to file an appeal. I would like you to file a post trial motion

at trial that I

22K.S.A. 22-

if! aC-OOT-danGe,w~th
K.S.A.

3501 and if we lose that then I would like to appeal in accordance with K.SA 22-"3"601and

3602. I also would like for you to file a motion in accordance with K.S.A. 22-3418 View of Place of Crime.
I feel once the jury sees the house that I stopped at then the case would be dismissed for sure and I can
get a little peace of mind.
The stress and anxiety that this is causing me for being held over my head forover-:a.year
getting to much for me to handle.

is almost

Please do all you can as my attorney to get this case dismissed.

I also

would like for you to file this letter into the case docket and file everything else I have sent to you
previously in this case up to this point as well.

If I have to appeal at a later date I would like everything

that has went on to be in the court docket for the appeal judges to be able to view. I waf also informed
that Honorable Noland retired at the end of March and I would like to know-whatjudgenas
assigned this case.

Sincerely,
James Russian

been

Case 6:14-cr-10018-EFM

Document 126 Filed 06/26/15

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,

)
)

)
)
)

vs.

Case No. 14-10018-EFM

l
--------------~)
JAMES RUSSIAN,

Defendant.

~\
1

MOTION FOR JUDGMENT OF ACQUITTAL, OR /

IN THE ALTERNATIVE, MOTION FOR NEW TR1AL~
COMES NOW the defendant, James Russian, by and through counsel, Douglas L.
Adams, Jr., and respectfully moves the Court, pursuant to Rule 29, renews the previous motion
made at the time of trial for judgment of acquittal, or in the alternative, pursuant to Rule 33,
moves the Court to grant a new trial. In support thereof, Defendant states:
1. The evidence was insufficient to justify a finding or verdict beyond a
reasonable doubt that defendant had committed the acts alleged in the indictment.
2. With regard to the basis for a new trial, the Court erred when it admitted the
evidence of marijuana and weapons and cell phone data found in the vehicle and residence
following pretrial motions which should have been sustained.
3. The Court further erred when it permitted the Rule 404(b) evidence of what
transpired prior to the chase on the back roads of Crawford County from the night before through
what happened just before law enforcement began to chase Mr. Russian in addition to the data
(text and pictures) taken from his phone( s). Because the crimes were for possession of firearm,
drug possession, and possession of a firearm in furtherance of a drug trafficking crimes, none of

Case 6:14-cr-10018-EFM

Document 126 Filed 06/26/15

Page 2 of 2

the evidence from the prior incidents were necessary to prove the elements of the charged
offenses, and only provided background for why law enforcement gave chase, which was not
contested at trial.

Even if it were relevant as res gestae, rule 404(b), or otherwise, the prejudicial

impact far outweighed the probative value. Without this evidence, it is clear that the
Government's

case against Mr. Russian would have been substantially diminished, and the result

would likely have been different.

WHEREFORE,

for all the foregoing reasons, James Russian, through counsel,

respectfully requests that this motion be granted and that the Court acquit Mr. Russian, or in the
alternative, grant a new trial without the previously discussed evidence of other crimes displayed
through the cell phone text conversations

of James Russian, the pictures from Defendant's

phone

showing what appeared to be marijuana and cash, the testimony ofT.P., and the testimony of
officers describing why they were chasing Mr. Russian based on the statements ofT.P. and A.L.
Respectfully submitted,
sl Douglas L. Adams, Jr.
Douglas L. Adams, Jr., S. Ct. #16092
200 North Broadway St., Suite 300
Wichita, Kansas 67202
(316) 264-0100
[email protected]

CERTIFICATE

OF SERVICE

This is to certify that, on this 26th day of June, 2015, a copy of the foregoing
Motion was sent via electronic filing system to the United States Attorney's Office.

sl Douglas L. Adams, Jr.

Douglas L. Adams, Jr.
Attorney for the Defendant

Case 6:14-cr-10018-EFM

Document 126 Filed 06/26115

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS
UNITED STATES OF AMERICA,
Plaintiff,
vs.

)
)
)
)
)

Case No. 14-10018-EFM

)
)

JAMES RUSSIAN,

)
Defendant.

)
)

MOTION FOR JUDGMENT OF ACQUITTAL, OR

IN THE ALTERNATIVE, MOTION FOR NEW TRIAL
COMES NOW the defendant, James Russian, by and through counsel, Douglas L.
Adams, Jr., and respectfully moves the Court, pursuant to Rule 29, renews the previous motion
made at the time of trial for judgment of acquittal, or in the alternative, pursuant to Rule 33,
moves the Court to grant a new trial. In support thereof, Defendant states:
1. The evidence was insufficient to justify a finding or verdict beyond a
reasonable doubt that defendant had committed the acts alleged in the indictment.
2. With regard to the basis for a new trial, the Court erred when it admitted the
evidence of marijuana and weapons and cell phone data found in the vehicle and residence
following pretrial motions which should have been sustained.
3. The Court further erred when it permitted the Rule 404(b) evidence of what
transpired prior to the chase on the back roads of Crawford County from the night before through
what happened just before law enforcement began to chase Mr. Russian in addition to the data

(text and pictures) taken from his phone(s). Because the crimes were for possession of firearm,
drug possession, and possession of a firearm in furtherance of a drug trafficking crimes, none of

Case 6:14-cr-10018-EFM

Document 126 Filed 06/26115

Page 2 of 2

the evidence from the prior incidents were necessary to prove the elements of the charged
offenses, and only provided background for why law enforcement gave chase, which was not
contested at trial.

Even if it were relevant as res gestae, rule 404(b), or otherwise, the prejudicial

impact far outweighed the probative value. Without this evidence, it is clear that the
Government's

case against Mr. Russian would have been substantially diminished, and the result

would likely have been different.

WHEREFORE, for all the foregoing reasons, James Russian, through counsel,
respectfully requests that this motion be granted and that the Court acquit Mr. Russian, or in the
alternative, grant a new trial without the previously discussed evidence of other crimes displayed
through the cell phone text conversations

of James Russian, the pictures from Defendant's

phone

showing what appeared to be marijuana and cash, the testimony ofT.P., and the testimony of
officers describing why they were chasing Mr. Russian based on the statements ofT.P. and A.L.
Respectfully submitted,
sl Douglas L. Adams, Jr.
Douglas L. Adams, Jr., S. Ct. #16092
200 North Broadway St., Suite 300
Wichita, Kansas 67202
(316) 264-0100
[email protected]

CERTIFICATE

OF SERVICE

This is to certify that, on this 26th day of June, 2015, a copy of the foregoing
Motion was sent via electronic filing system to the United States Attorney's Office.

sl Douglas L. Adams, Jr.

Douglas L. Adams, Jf.
Attorney for the Defendant

Case 6:14-cr-10018-EFM Document 129 Filed 07/20/15

Page 1 of 4

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF KANSAS

UNITED STATES OF AMERICA,

Plaintiff,

Case No. 14-10018-01-EFM

vs.
JAMES D. RUSSIAN,
Defendant.

MEMORANDUM

AND ORDER

A grand jury indicted Defendant James D. Russian on March 4,2014,

four counts:

(1) felon in possession ofa firearm in violation of 18 US.c.

on the following

922(g)(1); (2) felon

in possession of ammunition in violation of 18 U.S.c. 922(g)(1); (3) possession ofa firearm in

furtherance

of a drug trafficking

possession

with the intent to distribute

841(a)(1).

crime in violation
a controlled

of 18 US.c.
substance

The matter was called for jury trial on June 15,2015.

guilty on all four counts.

924(c)(1)(A);
in violation

and (4)

of 21 US.C.

The jury returned a verdict of

Defendant has now filed a Motion for Judgment of Acquittal, or in the

Alternative, Motion for a New Trial (Doc. 126).

A.

Motion for Judgment of Acquittal

Rule 29(c)(2) of the Federal Rules of Criminal Procedure states, in relevant part, that "[i]f

the jury has returned a guilty verdict, the court may set aside the verdict and enter an acquittal."

Case 6:14-cr-10018-EFM Document 129 Filed 07/20/15 Page 2 of 4

When reviewing

the sufficiency

of evidence

to sustain a guilty verdict, the Court "ask[ s],

any rational

whether, 'after viewing the evidence in the light most favorable to the prosecution,

trier of fact could have found the essential elements of the crime beyond a reasonable doubt.' ,,1
Substantial evidence must support the conviction, but"

'it need not conclusively

exclude every

other reasonable hypothesis and it need not negate all possibilities except guilt.,,,2

Furthermore,

the Court cannot cast aspersions on the credibility of witnesses or weigh conflicting

evidence,

because "these matters are within the exclusive province of the jury.?'
Defendant

asserts that the evidence at trial was insufficient to support a guilty verdict.

The Court disagrees.

Viewing the evidence in the light most favorable to the Government,

it is

not even a close call as to whether a rational trier of fact could have convicted Defendant on the
evidence

presented.

Therefore, Defendant's

.
j:
B.

There was more than substantial

evidence

to support the convictions.

Motion for Judgment is Acquittal is denied.

Motion for New Trial

A court may "grant a new trial if the interest of justice so requires."? A motion for a new
~
~
trial is viewed with disfavor, and courts only grant such motions with great caution.' The burden

I United States v, Magallanez, 408 F.3d 672, 681 (10th Cir, 2005) (quoting Jackson v. Virginia, 443 U.S.
307,319 (1979)).

2 United States v. Vallejos, 421 F.3d 1119, 1122 (10th Cir. 2005) (quoting United States
F.3d l312, l319(lOthCir.1994.

v.

Johnson, 42

Magal/anez, 408 F.3d at 682 ("The jury apparently believed the witnesses, and that is the end of the

matter.").
4

Fed. R Crim, P. 33(a).

United States v. Pearson, 203 F.3d 1243, 1274 (10th Cir. 2000).

-2-

Case 6:14-cr-10018-EFM

Document 129 Filed 07/20/15

Page 3 of 4

is on the defendant to prove the necessity of a new trial." "[T[he relevant rule is that a new trial
should be granted upon any error of sufficient magnitude to require reversal on appeal.?"
Defendant makes two arguments as to why a new trial should be granted.

First, he

contends, without any elaboration, that the Court erred "when it admitted the evidence of
marijuana and weapons and cell phone data found in the vehicle and residence following pretrial
motions which should have been sustained.',g The Court denied Defendant's motions to suppress
and set forth its reasoning in a detailed Memorandum and Order filed April 23, 2015. Defendant
has not alleged any inconsistencies in the facts or any new facts that were not present before the
Court at the suppression hearing. He also has not set forth any change in the relevant case law.
Defendant has therefore failed to meet his burden to show that a new trial is warranted on this
basis.
Defendant also argues that the Court erred when it "permitted the Rule 404(b) evidence
of what transpired prior to the chase on the back roads of Crawford County from the night before
through what happened just before law enforcement began to chase Mr. Russian in addition to
the data (text and pictures) taken from his phonets)."?

The Court admitted the "Rule 404(b)

evidence" because it was intrinsic to the crimes charged. 10

"Generally speaking, intrinsic

evidence is directly connected to the factual circumstances of the crime and provides contextual

United States v, Walters, 89 F. Supp. 2d 1206, 1213 (D. Kan 2000) (citations omitted).

Id. (quotations

Defendant's

omitted).

Motion, Doc. 126, p. l .

91d.
10 See United States v, Irving; 665 F.3d 1184, 1212 (10th Cir. 2011) (stating that Fed. R Evid. 404(b) limits
the admissibility of evidence related to other crimes or wrongs but it only applies to evidence of acts extrinsic to the
crime).

-3-

Case 6:14-cr-10018-EFM

Document 129 Filed 07/20/15

Page 4 of4

or background information to the jury."!' The testimony at trial regarding the events that led to
the car chase and Defendant's arrest provided background information to the jury. Without it,
the law enforcement officer's testimony as to why he pursued Defendant into Kansas, arrested
him, and searched his car would have been confusing and incomplete.

<-------=-~-

Furthermore, the

probative value of "the Rule 404(b) evidence" was not substantially outweighed by unfair
prejudice.

Therefore, Defendant has failed to meet his burden to show that a new trial

IS

warranted on this basis as well. Defendant's Motion for a New Trial is denied.
IT IS THEREFORE

ORDERED

that Defendant's Motion for Judgment of Acquittal,

or in the Alternative, Motion for New Trial (Doc. 126) is DENIED.

IT IS SO ORDERED.

Dated this 20th day of July, 2015.

/~.

?/74~

ERIC F. MELGREN
UNITED STATES DISTRICT JUDGE
\~

11

VY\?I...)(@C;

No SQ"

)Q.

United States v. Parker, 553 F.3d 1309, 1314 (10th Cir. 2009)(citation and internal quotation omitted).

-4-

1\'OY--21-101
..3 U:.13l'lA

tt

fROlA-JUDIiEFLEhI\!t1i

235-0008

T-061

P,005/00e

H25

HOW WAS A WARRANT ISSUED HOURS BEFORE THERE

WAS A NEED FOR ONE??? THE EARLIEST THERE WOULD
The AII~ged Time
HAVE BEEN A NEED FOR A WARRANT WOULD HAVE TO
And Date The Warrant
HAVE BEEN AROUND 10 - 12 PM! SET UP?????
Was Issued By; ,
.....
Judge Lori Fleming.
,EARCH WARRANT
STATE OF KANSAS. COUNTY OF CRAWFORD:
TO ALL LAW ENFORCEMENT omCERS IN THE STATE OF KANSAS

???

WHERBAS, at! Affidavit and Application for Search Warrant has been made to me by
Deputy Cbris Wilson, Crawford Coanty Sheriff's Department, and having evidence ~
.2..athbefore me from Which I find that there is probable cause for believing as follows:
1. The following crime or crimes under the laws of the United States, the State of
Kansas, or any municipality of this county have been committed, to-wit:
KSA #21-S706{a)

Possession ofJvfethamphet.amine "

Possession of Marijuana
KSA #21--S709(bX2) Misdemeanor:Possession of Drug Paraphemslia
KSA #21-$707(a)(2) Unlawful Distribution of a Controlled Substiwce

KSA #21-5706(b)(3)

2. That the following items are contraband, fnrits, instrwnents,

crime or crimes, to-wit:

or evidence of said

Methamphetamine and any controlled substances; any idandilcation of

individuals present or found to be associated with the commission of the crimes;
paperwork; we.records, currency, coin. OT other proceeds;
items used or ~tci
with
producing. processing. preparing, selling. packaging, repackaging, storing. containing.
concealing, using, ingesting. inhaling, or otherwise' introducing controlled substances into
the human body- Firearms, eleetreaie equipment, or other items tbaI could be used to
faeilitate the conunission ofth.ese crimes. Computers, including butnot limited to their
hardware. software. manuals. storage components, disks, CD ROM, photos. video tape,
3!ld printers, cell phones tbm:could be used to facilitate the commission of the crim6

S. That said items will be found at, in or upon the following described person, place
or means

ofconveyan~Wrong

Address!!!

The residence of 503 E. Kansas Apt #1 Pittsbutg Kansas 66762 wililin Crawford
County described as a crown brick building with a porch on the north side, It will
be the second residence west ofCollt.-ge St. on the south side of the road. The
builcling has two exterior doors one on the north side and one on the south side
with a hall way in tbe middle. Apt. 2 is one ofJour apartmentS within this building
end is located Qn 1.bc ~orthWl:!$l comer of the building. Apt. ?112is occupied by
James D. Russian.

FROtA-JUDGE FLEMING

???
-a

-.

Lori Fleming 806 South Catalpa Pittsburg, KS 66762 (620)235 0008

Souce; http://www.zoominfo.com/p/Lori-Fleming/206539545

YOU ARE THEREFORE coMMANDED to go torthw:lth, andwi~the.tilne

provided by law, and search the persM, place, or .means of conveyance descnbed m
Paragraph 3 above an!!.seize the items described :n Paragraph 2 and hold them to be dealt
with according to law, and make due return oftbis Wamnt.
WAlffiANT issued: Date

AI 0 V .d- to

???nj!' .5'

I.

.. /

WHAT TIME AND DATE

WAS lHIS WARRANT ISSUED!

,2003

oclockiJn.
IDDGE~

CRAWFORD COUNTY, KANSAS

Judge Lori Fleming allegedly lied to a federal prosecutor

about being stalked from the Crawford County Judicial Center parking lot where
she and Elaine Schultz could not possibly see because there are no windows in
the Southeast parking lot of the Judicial Center. The people believe that if Judge
Lori-Bolton-Fleming was truthfully and factually being stalked by anyone she
would have immediately called the police department or the court security
already in the premises of the courthouse. Especially when she claimed to the
federal prosecutor [VIA EMAIL ON A SUNDAY EVENING] and the court in federal
case number 141001801EFM that she and Elaine Schultz were both fearful for their lives.
The people are of the belief that if Mr. Russian was in fact stalking Judge Lori-Bolton-Fleming
then the court security cameras should have been provided as evidence. She would have
most definitely called the police on him if there was even an iota of belief that he
was stalking her. The people demand to see the court security video that would
prove the alleged stalking allegations by Judge Lori-Bolton-Fleming and her
co-conspirator Elaine Schultz. The people belief it was usurpation of power
and a criminal act by Lori-Bolton-Fleming to lie to a Federal Court in the hopes
of jailing an innocent person - James Donald Russian. Such a blatant and
obvious usurpationof power and violation of (Oath of Office) should be
considered as criminal activity as well and should be subject to a CRIMINAL INDICTMENT!!!

There are

~9 Wll\IQ9W",

on the South East side'ofthefenced in partdng!Qtof

tbe,CraWfolti counh' cou,rt house where Judge"l.od ~., BOlton and t:laine SChultz
, claim to have "observed" that Mr. R.ussianwas stalking them. ,',
.,.
Why didn't the Judge or Mrs. Schultz @Il the police since they claim they feared

for their lives??1

The people allege this was a tie ngineered by Judge Lori Fleming
Mr. Russia kept in ~era{prison.

to- have

r:. '~L --- ~':"~

filED

W,ho Delet d The

Fax Date and Time
(AND WHY) From

Judge Fleming
On NOV-27-2013
@8"23pM

???

How Come This

Information was
NOT Deleted??

TlIEg,EVE..l'ITHJUDICLI\..LDISWQ'QllRTOF
CRAmORD
~""1ffi
~

COVNTY.

TN REi SEARCH

WARRANT

FOR!

l'1:U~fKR~'~M~f~;

1 One Samsung brand cellular telephone mJ~ S~irj

reTina black in
color and lIllY.removable lll~dia sloragcrdcyi~e}fttaChcd fRund in the p9ssession
JiIIIlcsDonalcl Russianlltthne ofmcst,
- .' , . ;. ".'
:2- One

SIllllSUIlg

brand ccllulertelephonc Inodel SOHS275G black1n color

ot
IIIld

any removable-media storage deViceattached fOllndln thll possession of Ja1Ues

~mUdRussian at~eofap:esland;
~ong
Address!!
.
S - The re~ence s E. I(~as A~ if'2 I'itIsblllg KansllS 66702 within
CIawford County occuple~ by James. Russian to include any outbuildings,
attached or unattached gll'221':S ana: vCbiClcs at-lhat iooation.
.

APPLl,CATIONFOR SEARCHW~
State ofKrmsas, Crawford County, ss:
"

..:

Deputy Chris Wllron. oJ/awfid ag~jlrst beIngdulysw()rn on oath, on

. !r{ormation and belief slate!: .
. .'.' .
Affia'nt has prob~le cause to believe and <!O~ b~Ileve that~Pu~e
~eainst the Ia.wsof the Slate of Kens as, has been Golltillltted and that certain

contraband.; fruit.s, instrumentalities, and evidence of such offense, to-wit

1. Tal: m~$~ges,J'!lolle numb~rs, phone calls s~nt~drecived, any data comainoo
within the phone oron any removable media devi~~Withinthe phone Illld

Tma8CS QontriQutingto the possession or sale of lUIy Ulega!drug end dcug

paraphernalia.
1. MY m~gal drugs of drug pata~hetnali!
A.rc ioeated in or upon the above described

person, pb.ces,

thing s, Dr means or

coovCJ'lln~,

Russian Discovery 1000090

Deleted Fax Information. Why?

N'!

That the bi!S1sofnffi:tnt's

probable

caw!!

P .OI!3/VOI F-m

l!~

I, Oeplity Chris Wj\s~ a duly authorized Iaw -entorcement oiicer of

.
HOw Do You Apply
Crawford County, Kansas, being ofl~
al1:~,after f'b:st being swomon oath. does St1\~ . For A Warrant '
This Was Afterthe follOwinllll:l. it occurrcdbtCraWfo:l"clCci,:' ICmU8!I.
.
BEFORE There'

The Warrant
Was Faxed Hwy ~

November 27111, 2013at'230 I was dispatchaHo the lOCAtionofUl60 Is A

sta e e Jnre el ce 0 a v cle PIIlSulC in which Barton CountY was
.1pYOlved.It was reported by B.Barton C()unty .Deputy t\lat he was putSuing a blue or
O n Nov- 27-20 1~lVet vehicle in which the driver (suspect) trreatencd uulijeot II!ld .
'as possibly in
@ 8:23 PM possessionoflhandgun.
By Judge Fleming???

'.

.....

"

Need For One???

.'

Banon.j:;ol;IDty deputies p~ued.~~.yehicle into Crawfutd CoUl\t)', State of

...
.: .l.
Kansas.Ientered the l'\I~uit which c:o~tinued ~ton tI160, tIY'Y ore tumilJg southmu..U(')U.J k, s ,~'l'c,c.[il'
111
240 St. The Berton <;oumy depllty ffirect!y behind the fleemg vebi,cl~reported tbat}ne- .: 11/il/f"!'o'Y { .-:
driver was throwing Items ~
the car. The vehicle then t\1t!lCd ~ onto 57014 Ave and
,A i :
then south em tscf'.Sl. driving approximately one baIfmUe before spinning OUt of comrQI
~
IIl1dthe driver fleeing on toOt into the wooded lir~ to tho west.

~.'

. The t1cei!lg dr:iver was later located lying dowl1m.the wooded area a.short
distance frOlllchis vehicle and "taken 111(0C~Qdy. The'SuSp~driver was idc!Itlfiodby his
Kansas driver's license as James Donald Russinn. I then took et,lstody ofMr.R.ussiun and
conducted a search of his person, lftbis possession he had a pair of teading glJlsses, a
SamsUrig cell phone red end black In color and a wallet containing $210.00 m cash.
Specifically 1.9-,$10.00 bills and. one $20,00 bilL Barten County Pepuly Jon:lanJustice
ythoappreilended Mr. Russian then rcturnc4 to MisSouri to 1ilrtber investigate the crime
leaQing to the pqrsuit.
..
. ;.
.'
I then conducted a search of ~
vehicle in attempt to locate the
possible hand gun used in the reponed cnme, 'l'h.)'Vcbiclo WIS A 2003 Kia Sorento Utility
. Veldcle blulsh green in color bearing a Kansas license plate of G82ATO that rewrned to
the-, ,~>-,:>~---.
~.?ijn Family Trost Inside of the. vehicl~-..,
I located the following .itenlS;.....

2
l-J~jY'f' 4!.'T- ~.~In
.

In the driver's door a ball of greed leafY substance that based on my training and
experience Ibelieved to be n:tarijuana.
Also on tlre driver's side was lo~tecl one $1.00 bill, one$S.OO bill and one $10,00

blll, ...

,..

the front

E.lie!!g.e;-Seat _Ikl.cateda black: Sams\lIlg

~~phoI\e, a small ccoler .

oltles afan alcoholic beverage and a blae!; bag that contained nine
plastic baggies with eaeh bag containing a small Qmnuntof a green leafy
sub.9tancebeuev'ed to be marijuana, one half of A match book and one to two
.
rolling papers, All cine baggles had the same wrlt~g Ol\: them, Storm !1aektnlller,

~tIiaicontamed

605W_ Marrin, '1'his l's 00 me, ~14-3265209

. 4- One broken g1!1Ss- smoldnll pipe with a whlte powdery residue and a burnt marI{.
Due 10' my training and expeclencethe white powdery substill\cc within the glass
pipe is believed to be Ine!Mm-phetamine
.

Russian Discovery 1000091

===-"*

-;:=:=C;::===, ,

Missing???

~~~OGI~-:==81
~o~===~.~~,
~~

:=:=,=.--~~~,'

dNgs aDd dmgrl!atedib:ms~

bAA~t1rls~inPitts~l{s.
She
aho sta1I!d thatho has alndden COlI\pamnein Wldtrtbe slnkvanity inhisbalhio~'Ashc
mn:d thatlhete is a removable board to reveal the~em

~th~~.

Correct
,

Address???
~

,
,

Not Missing???

All the iWDlS were co1lec1eclllS evid~

and the vehicle towedfrmn the scene.
I .later Co.Q1:!Cted ~arton County Deputy lordl!l1 JlIStic~ who advised Ille that ~8
his
in~gation the viClim' in his rCpo~ Allaeia Lowery. rCported, to him thatMr' RlIssiIlll
wherehe keeps_

'

'

Based onmy' training 8I!d expe:ticnce individual. whoselli!l~ druiD c'arIy

, and use small tlenooirMtiems of ~
in dtUg iranftCtiOll! and 1lSlWly haw seyeftl '
srnall (ll11!"eneyb11lsO:ntbeir~on. Al$c;I"nsedln Ut:distn'bUHonOfi~
~ilrecen
phones and ~
~ om: cell phonc.is,laIIallytmled. Based on the items fotmd w:h!dn
,Mr. Rwsian'II vehicle Slld on his person aloagmth \'he ViCriIII'S$WeIlIeIl.t \\1 Batton
~0\1I1~ PepUtY JusWiC~thm:e
~P-"Qb~li~~~e to ~1ieved, tPatthe reSi~~~ in Wlii!;Jt
~!iap resides. S03 W.Kans!lS St.m the City ofP~ttsbuIg Ks. 66162,WithinCrawf'oid
%lnty oornains di\ii Idated items med in tile possession, IIIgestion amd s~ of Illegal
drn&S. There 'iIlsopmbable Cl!lISC to believe that mcssag~. pholilS and other dati Will "
be ~
wilhJn lhc cell phoaes IDeated WI'thMr; lb,AAitm'lIt his time ofarrest.

;.

is

FURTHER~T

SAlTHN9T.

,'
WHEREFORE. pjflf1m prcrp tirIJi a Mchwarrt111/ be !$$ued. a~dJng to
, law, TO searchfor; apj;rTmmd and,~ 'the abow 'described ft~m.s,t/atrj (we be, ,
haldmg thllm to be det4twilh according 10 law., .

, ,

~N1

~uBs~l~ to
SWORN

~~'

~~thiS

..
,

lUP--;

~,
ss

{Jay~f

CRAWFORD~,

'

HOVY WAS, THISAPPUCATION

FOR A SEARCH WARRANT
SUBSCRIBED AND SWORN (UNDER OATH, MIND YOU)
BEFORE JUDGE FLEMING ON THANKSGIVING DAY
, NOV*28TH-2013 WHE~ SHE HAD ALREADY PREVIOUSLY
FAXED IT THE NIGHT BEFORE (THANKSGIVING EVE)
@8:23 PM NOV-27-20~3AND HOURS BEFO~I;: THE
INCIDENT THAT STARTED AT 11:03 PM ON NOV*Z7., 2013.
WHERE WAS THIS DONE SINCE Tt-fE 'COURT HOUSE
WAS CLOSED ON THE 28TH OF NOV, 2013???
Russian Discove<y 1000092

-,

..,

-.
1.3 ntC-2 AS :43
1'- One Samsung brand cellulartelephone model SCHR270 reaandDfack in
color and any remo~le
n;edia storage deviceattachedfound
i

~,~i18r5fs~~R~,

This

Contradicts

Previous
For

Th~nalg.!?J~_~attimeofarrest.

Cff.l\ViFOROCOUHfV

Appllcanoru.
WarranfllnY

searon
_

Which
Shows
Th~
Residence
of
.
503 ,East Kansas,

One Samsung brandcellulartelephonemodel SGH-S27stY blm;kiIrnltonmrt-"

removab!emed~a storage device attached foun9in theposseaslon of~
"Donald Russian at time of arrest and; "
-'
("'
,
,
3-:"theresidence01'503W. Kansas Apt #2 Pittsbur~Kansas66762v.:~
Crawford County occupied by Lames p, Russian to mclude any outbuildmg9,
attachedor unanachedgarages'end vehiclesai1iiatIocstion,

-Apt #2.

__
,,_, -RETURN OF SEARCH

State of Kansas, County of Crawford,

WARRANT

55:

How Can You T"rlE STATE OF KANSAS TO any-ShcrifI, Deputy Sheriff Or Peace-Officer of the State or
Search a House any Peace Officerof Kansas:
23 Minutes BEFOR~'received this warrant on November 28th. 2013, at m.m an d have exec,ute 'd'It as
The Search Warran Ilows:
"
is Valid??? The'
)I.'
,
Search Warrant, On November 28th. 2013at ~
I conducted a search of the person, place, or means of
_

Was Dated f.or

Nov-28-201 ~
@8:15AM. '

conveyanccdescnhed111the al-W'bea warrant and I seized the items of property listed below,
en re-verse side, or on attached list. -The search was completed on Noyember 28th.1013 at
11:13 AM. Officers present and participating in this search are identi1ied as follows:

"'",,'

Crawford County Deputies. Cbris Wilson, Donnie Kmiec. Dong Morrison. Reserve
Dep!ltt Dustin Walker, Pittsburg-Police omeel'S' Dustin McDanieisund Tony Colyer
Acopy of thiswiinant, wi!h signed copy aftbis return listing said property seized and, held,
was by me: (check applicable box)

o
~

Left with
I',
as a receipt particularly describing each such
article seized from such person and held, sneb person being detained or mested In connection '
with this search,
I

l..eft attlJc l'laceQf~c~ch and seizure, there belng no person avajillblD with whom to leave It
- List ofltemsaeized
Returned

Subscribed

is attached.

f). -().! CkJ / J

end sworn to and returned before me on

/ '{)..
.!).~/")

, , 2013,

Judge -

Clerk
Russian Discovery 1000085

DETECTIVE STU HITE SHOULD NEVER BE INVOLVED IN A CASE INVOLVING JUDGE LORI B. FLEMING AND
VICE VERSA IT IS A CONFLICT OF INTEREST FOR JUDGE LORI. B FLEMING TO BE INVOLVED IN A CASE
THAT .lNV-o.LV-ES-DETECTNE STU H!TE D,UE TO. THEIR PERSONAL TJES I CONFUCTS o= JNTERESTS.

\
,/I TlZU-C!? ,fI

f.:~kr'b, ifA-

CRAWFORD COUNTY SHERIFF'S DEP ARTMENr-'

DETECTIVE'S NARRATIVE

It is a disturbing conflict of interest for Detective Stu Hite

to be involved in any case involving Judge Lori Bolton Fleming
December4,2013due
their' personal ties. ~
Stoillte
n;
Investigation Date

Detective
..James Russian/

SUBJECT:
VICTIM:
kIUME:
PLACE.& DATE:

St;'te~OfKans:as
Possession of Marijuana with intent to distribute, Possession with
intent to manufacture methamphetamine
eRA WFORD COUNTY, KANSAS
November 28, 2013
,/~''-:''''l

Photograph text m~ssages f;om one Q(g~5cell

pn,6nes
and obtain approX1lllate weights of drugs recovered. .

RE:
DETAILS:

On December 4,2013 1. Detective Lieutenant Sto RITE assistedDeputyChril;\Vrr.sONIfu.bis

iWnes RlJSSIAN case. I photographed' each of the text meSsag~.Qii!ono o{iheplione";"
V,'1tsON recovered from RJlS.s.!~!'f/Wea1so weighed the suspected nareoticsThat WILSON
recovered from ~!iSs!A1;l'SNehicle following a pursuit as well as what was recovered from a
search warrant of RUSSIAN'S residence.
~...
~~

r!,!'.!-'

. $tAte ys

We weighed items that WILSON had labeled in Item #29 (41 Individuallywrapped plastic bags.
containing a tom book 01 matchesiand ~t
was. determined to be approx, 1 gram of green
vegetation believed to be marijuana)!- Care was taken not to include the weight of the packaging
and matches and a bag containing just matches 1"BS weighed peperately to arrive.at the 1.gram
weight of the vegetation. This would be what is collllll~nlj referred to in street slang I!Sa "dime
bag" 6~ $10 bag ofmarijuana ~Sometbing very oad abolltthe packagingwas that each bag
contained the name of "Storm Haokmiller'', an address and telephone number and thewords,
"this one is on me"~ I find this highly unusual, and have never observed any such branding or
ownership of illicit drugs in my 25 years in law el!f2!c~ment.
The following is a total weight of each item weighed.:
ltem#l & 13...3 grams

Item #29

.41 grams of marijuaau

Item #511 .. 9 grams

Hem #3
1.gram

ltem#7a
Item #25
Item #26

l gram
.1 gram
1 gram
CRSO Case Number: _-,2",0",,1~300=14,,-,8:.::8,--_
Russian

.LORI.BOLTON FLEM!NG 15 MARRJED TO ATTORNEY KYLE FLEMING.

Discovery

1 000094

IN THE SUPREME COURT OF THE STATE OF KANSAS ~

No. 106,150
STATE OF KANSAS,

Appellee,

v,
TYJUNA M. SHARKEY,

Appellant.

SYLLABUS BY THE COURT

L
A motion for new trial filed within the 14-day limitation period in K.S.A. 2013
Supp. 22-3501(1) and before a direct appeal is a critical stage of a criminal proceeding,
and a defendant has a right under the Sixth Amendment to the United States Constitution .
to representation by conflict-free counsel at a hearing on the motion.

2.
It is the task of a trial judge to ensure that a defendant's right to counsel under the
Sixth Amendment to the United States Constitution is honored. In order to fulfill this
duty, where a trial judge becomes aware of a possible conflict of interests between an
attorney and a defendant charged with a felony, the judge has a duty to inquire further.

3.
If a trial judge makes an appropriate inquiry regarding a possible conflict of
interests between an attorney and a felony defendant, the trial judge's decision is
reviewed under an abuse of discretion standard But a trial judge abuses his or her
discretion when the judge fails to inquire into the nature of the conflict.

4.
A trial judge does not fulfill the obligation to ensure a criminal defendanfs
constitutional right to effective assistance of counsel at a hearing on a motion for new
trial by merely providing the defendant with an opportunity to make a pro se statement

5.
The complete denial of the assistance of counsel or the denial of counsel at a
critical stage of criminal proceedings, which can occur if an attorney stands mute and
fails to advocate for the criminal defendant, presents circumstances of such magnitude
that a court must presume a probable prejudicial effect upon the outcome and a case-bycase inquiry of prejudice is unnecessary.

Appeal from Sedgwick District Court; WARREN M. WILBERT, judge. Opinion filed April 11,
2014. Affirmed in part, reversed in part, and remanded witb directions.

Michelle A. Davis, of Kansas Appellate Defender Office argued the cause and was on the brieffor
appellant.

Boyd K Isherwood, chief appellate attorney, argued the cause, and Nola Tedesco Foulston,
district attorney, and Derek Schmidt, attorney general, were with him on the brief for appellee.

The opinion of the court was delivered by

LUCKERT,

J.: Tyjuna M. Sharkey appeals from his jury trial conviction for

aggravated indecent liberties with a child, in violation ofK..S.A. 21-3504(a)(3)(A).

Sharkey raises three issues, two of which have been resolved.

One issue, an error in completing the journal entry to include lifetime electronic
monitoring, even though that condition had not been announced at the time of sentencing,
has been corrected through a nunc pro tunc journal entry and is moot.
2

In a second issue, Sharkey argues the State presented insufficient evidence that he
acted with both the intent to arouse or satisfy his sexual desires and the intent to arouse or
satisfy the sexual desires of the alleged victim. Sharkey contends the State was required
to prove both alternative means of the intent requirement because the jury was instructed
on both means. See State

Y.

Wright, 290 Kan. 194, Syl.

1[ 2, 224P3d

1159 (2010) (in

alternative means case, jury need not be unanimous as to which means defendant utilized
but there must be substantial competent evidence of each instructed means), overruled on
other grounds by State v, Nunez, 298 Kan, 661, 316 P 3d 717 (2014). Subsequent to
Sharkey filing his appellate brief, however, this court held in State v. Britt, 295 Kan,
1018, 1025-26,287

P3d 905 (2012), that the intent element ofK.S.A. 21-3504(a)(3)(A),

which was the basis for the jury instruction, does not state alternative means. Sharkey has
not presented any compelling reason to reverse Britts holding. Consequently, we reaffirm
our holding in Britt, which resolves the issue against Sharkey; and without further
discussion, we reject Sharkey's arguments on this issue.

This leaves as the sole issue for our consideration Sharkey's claim that the trial
judge erred in denying his pro se motions for new trial-based
ineffective assistance of counsel--without

on allegations of

first appointing new conflict-free counsel to

assist him in arguing the motions. We hold that this argument has merit because the effect
of the trial judge's failure to inquire into the nature of the conflict and appoint new
counsel was to deny Sharkey his right under the Sixth Amendment to the United States
Constitution to have the effective assistance of counsel at a critical stage of the criminal
proceedings against him. We remand the case for appointment of new counsel and
consideration of Sharkey's motions for new trial.

FACTS AND PROCEDURAL

BACKGROUND

Sharkey's conviction arose from his contact with 12-year-old T.W., who was a
friend of Sharkey's stepdaughter. During a sleepover at Sharkey's house, T.W. awoke
when she felt something heavy pushing against the back of her body. T.W. found her
pajama bottoms and panties had been pushed down to her upper thighs and Shatkey was
"forc[ing]" or "shov[ing]" his penis between her buttocks in an up-and-down motion, to
"kind of like make it fit." T.W. pushed Sharkey's shoulder and was able to pull away and
flee.

Based on T.W.'s allegations, Sharkey was charged with aggravated indecent

liberties with a child. Sharkey was eventually tried two times. In his first trial, which
resulted in a conviction, the State presented a DNA expert who linked Shatkey to semen
found on T.W.'s pajamas. Posttrial, Sharkey sought and was granted a new trial when
additional DNA testing showed the "presence of at least a third individual" -someone
other than T .W. or Shatkey--as

a secondary or weaker source matching the DNA profile.

At the second trial, which is the subject of this appeal, Sharkey presented expert
testimony explaining the third contributor could have been Sharkey's wife or her teenage
son. The defense expert suggested the DNA could have been postcoital discharge from
Sharkey having sex with his wife and the fluids could have been transferred to the
pajamas. Based on this testimony, Shatkey built a defense around the suggestion that
T.W.'s story had been concocted in concert with his wife and her daughter because they
were upset with him. The second jury again convicted Sharkey.

Seven days after the verdict and before sentencing, Sharkey filed two pro se
motions. In the motions, Sharkey requested a new trial and new counsel, basing his
arguments on allegations of ineffective assistance of defense counsel. Previously, at
various stages of both trials, Shatkey had filed similar motions and had cycled through

several attorneys. During the second trial, Sharkey had made complaints against his
attorney, at least some of which were similar to those in his posttrial motions.

Pro Se Motions at Issue

In one motion, labeled "Pro Se Motion for Re- Trial,"" Sharkey argued he was
entitled to a new trial because his counsel kept him "in the blind" throughout the trial and
failed to explain "all and every details, motions, [and] stipulations along with reasons.

ww

Sharkey claimed tbat he was "hoodwinked" into believing it was defense counsel's
strategy to forego calling Sharkey's family members who would have testified "as to the
nature of the madness that was happening in the year of 2006 and that Sharkey was "in a
W1

rocky relationship with my x wife and those girls," Sharkey further stated that he was
"hoodwinked into not taking the stand" in his own defense, and he complained that his
counsel "only objected twice" during trial and "refuse[d] to object" when the State's DNA
expert "had to go back and re-state her statement."

In the other motion, a "Pro Se Motion for Re-Appointment

of Counsel," Sharkey

alleged that defense counsel did not properly prepare him for trial and failed to
investigate, present a defense, and call witnesses to rebut the ""thevictim[1s claims that
there was no problems within the relationship at this time." Sharkey asked the court to
grant Ita fair trial in a way that is fair to both parties.

w.

At a joint motions and sentencing hearing, the trial judge acknowledged Sharkey's
pro se motions, as well as separate motions filed by defense counsel. In addressing
Sharkey's pro se motions, the judge only asked one question of Sharkey, "Do you wish to
address the Court?" Sharkey answered, "No." During this portion of the hearing, defense
counsel made no comments or arguments.

The court then made fmdings, addressing only one of Sharkey's complaints:

"[A]fter reviewing the motions, the defendant chose not to testify and has alleged various
reasons in his motion that he felt like he was hoodwinked

...

but the Comt recognizes

there were some serious downsides to the defendant testifying and being cross-examined.
and he has a Fifth Amendment

right to remain silent and not to incriminate himself, and

he chose to exercise that right. The jury was told that with the Court's instroction and
heard that in connection with the verdict" so the motion for new trial and motion for
reappointment

of counsel will be denied."

Sharkey's counsel then argued the motions he had filed on Sharkey's behalf. The
trial judge denied those motions as well and immediately began sentencing proceedings.
The judge imposed a life sentence with a mandatory minimum term of 25 years'
imprisonment under Jessica's Law. See K.S.A. 21-4643(a)(1)(C).

As previously

mentioned, the original journal entry included an order that the judge did not state during
the hearing-tbat

"lifetime electronic monitoring" was ordered. The sentencing court

later corrected the error with an amended journal entry in which lifetime electronic
monitoring was deleted, rendering moot any issue regarding the journal entry.

Sharkey appeals, and this court has jurisdiction under K.S.A. 22-3601(b)(1)
(conviction of off-grid crime; maximum sentence of life imprisonment imposed; sentence
imposed pursuant to K.SA. 21-4643).

ERROR IN FAILING TO INQUIRE INTO NATURE OF CONFliCT

NEW CONFLICT-FREE

AND NOT APPOINTING

COUNSEL

Sharkey contends the trial judge should reasonably have known that he and his
trial attorney had a conflict of interests due to his allegations that his attorney was
ineffective. In such a situation, he argues the judge was obligated to inquire into a
potential conflict and then to appoint new conflict-free counsel. In this appeal, Sharkey
rests his argument on the judge's failure to conduct an inquiry or appoint new conflict-

free counsel to assist him in arguing his pro se new-trial motions. He does not argue the
merits ofhis motions or request us to grant him a new trial. Instead, he seeks a remand
and conflict-free counsel to argue the motions for him.

Before discussing the substance of the argument, we note that we have framed the
issue in the context of considering both of Sharkey's motions as ones for new triaL One
motion clearly requests a retrial. The other, while unambiguously requesting new
counsel, is less clear regarding a new-trial request. Nevertheless, in his second motion,
Sharkey asked "that the Courts will grant me a fair trial," which we read to be a request
for a new trial. See State v. Kelly, 291 Kan. 563, Syl.1f 1, 244 P.3d 639 (2010) (pro se
pleadings are to be liberally construed to give effect to the content). Consequently, our
analysis is controlled by caselaw addressing the right to the effective assistance of
counsel when presenting a motion for new trial.

Turning to the substance of Sharkey's arguments, in order to analyze whether the

trial judge erred by failing to appoint conflict-free counsel to represent Sharkey on his
motions, we will consider three questions raised by the parties' arguments:

(1) Was

Sharkey entitled to counsel under the Sixth Amendment to the United States Constitution
to argue the motions? (2) H so, was the trial judge required to initiate an inquiry
regarding defense counsel's possible conflict of interests to ensure that Sharkey's Sixth
Amendment right to counsel would not be violated? and (3) In order to be entitled to a
new hearing with new conflict-free counsel,must Sharkey show he was prejudiced by
defense counsel's representation at the motions hearing?

1. Sharkey Had a Right to Conflict-Free Counsel

The first question arises because the State argues Sharkey was not entitled to the
assistance of counsel at the hearing on his motions. The State takes the position that the

motions were not heard during a critical stage of the proceedings against Sharkey because
he had already been convicted.

The basis for the State's argument is the principle that the right to an attorney, as
guaranteed a criminal defendant by the Sixth Amendment to the United States
Constitution, attaches only to critical stages of a felony proceeding. See Lafler v. Cooper,
566 U.S. -'

132 S. Ct. 1376, 1385, 182 L. Ed. 2d 398 (2012). This right is made

applicable to the states through the Fourteenth Amendment to the United States
Constitution. Strickland v. Washington, 466 U.S. 668, 689, 104 S. Ct. 2052, 80 L. Ed. 2d
674, reh. denied 467 U.S. 1267 (1984); Avery v. Alabama, 308 U.S. 444, 446, 60 S. Ct.
321.84 L. Ed. 311 (1940); State v. Galaviz. 296 Kan. 168. 114.291 P.3d 62 (2012).
Because Sharkey only makes a Sixth Amendment claim and decisions of the United
States Supreme Court control our application of rights guaranteed by the United States
Constitution, we must determine whether the hearing on the motions for new trial was a
critical stage of the proceedings against Sharkey. If not, the State is correct that we need
not be concerned with whether Sharkey's counsel had a conflict because Sharkey did not
have the right to effective assistance of counsel.

The United States Supreme Court has not directly answered the question of
whether a hearing on a motion for new trial is a critical stage of the proceedings.
Nevertheless, the Court has provided guidance by identifying the starting and ending
points of a proceeding-the

two ends of the spectrum-where

the right to counsel

applies. At one end of this spectrum, the Court has determined that "[a] criminal
defendants Sixth Amendment right to counsel attaches after judicial proceedings have
been initiated against him." United States v, Williamson, 706 F.3d 405, 416 (4th Cir.
2013). (citing McNeil v. Wisconsin, 501 U.S. 171. 175, 111 S. Ct 2204,115 L. Ed. 2d
158 [1991]), cert. denied 134 S. Ct. 421 (2013). At the other end, "the right to appointed
counsel extends to the first appeal of right, and no further." Pennsylvania v. Finley, 481
U.S. 551. 555, 107 S. Ct 1990. 95 L. Ed. 2d 539 (1987); see Evitts v. Lucey. 469 U.S.
8

387,396,105

S. Ct. 830,83 L. Ed. 2d 821 (1985); Ross v, Moffitt, 417 U.S. 600, 606-07,

94 S. Ct. 2437,41 L. Ed. 2d 341 (1974); Kitchen v. United States, 227 F.3d 1014,1018
(7th Cir ..2000) ("[O]nce the direct appeal has been decided, the right 10 counsel no longer
applies [citing Finley, 481 U.S. at 557].").

The United States Circuit Courts of Appeal have applied these principles to the
question of whether a new-trial motion is a critical stage of the proceedings against a
felony defendant. They have pinpointed three categories:

(1) timely motions for new trial

filed before a direct appeal, (2) motions filed after a direct appeal, and (3) untimely
motions filed before a direct appeal.

As to the first category, the "circuit courts have held that a new-trial motion filed
after the trial but before the appeal is a critical stage with the attendant Sixth Amendment
right to counsel
(5th

err. 2011)

II

Williamson, 706 F.3d at 416; see McAfee v. Thaler, 630 F.3d 383, 391

("Every federal circuit court to address the <question of whether the post-

trial, pre-appeal time period for making a motion for new trial is a critical stage has
concluded that it is. H).

As to the second category, the Circuit Courts of Appeal have determined that "[a]s
a corollary, a petitioner has no Sixth Amendment right to counsel in order to mount a
collateral attack to hisconviction,

[Citation omitted ..]" Wdliamson; 706 F..3d at 416; see

Finley, 481 U.S. at 555 (the right to counsel extends no further than direct appeal);
Kitchen, 227 F3d at 1019 (stating nit is well established that there is no constitutional
right to counsel in collateral proceedings"). This means that the second category-a
trial motion filed after the direct appeal-"is

new-

not a critical stage, but rather a collateral

proceeding with no attendant Sixth Amendment right to counsel, [Citations omitted]"

Williams(Jn~706 F..3dat 416 ..

Addressing the third category-where

a new-trial motion is filed before the direct

appeal is completed but after the time limitation for such a motion-severa1

federal

Circuit Courts of Appeal, including the Fourth Circuit Court of Appeals in Williamson,
have determined motions for new trial filed after the time limitation but before the direct
appeal are viewed as a collateral proceeding for which there is no right to counsel These
courts reason that a late motion does not become part of the direct appeal and, therefore,
does not fall within the Supreme Court's caselaw guaranteeing a right to counsel through
the completion of the direct appeal. See, e.g., Williamson, 706 F 3d at 417-18.

In this case, the State does not discuss these or any other federal authorities but
relies on Kansas cases adopting the same position as the federal court in Williamson-there is no Sixth Amendment right to the assistance of counsel when a Pleappea1 monon
for new trial is untimely. For example, in both State v. Kirby, 272 Kan, 1170, 1192-96,39
P3d 1 (2002), and State v. Kingsley, 252 Kan. 761, 766-67, 851 P.2d 370 (1993), this
court held a trial judge did not err in deciding an untimely motion for new trial without
appointing counsel for the defendant. Based on these cases, the State argues the trial
judge was not obligated to appoint new counsel to assist Sharkey with his pro se new-trial
motions.

The State's argument is misplaced, however, because these authorities do not

apply to the circumstances of this case where the new-trial motions were timely.
Sharkey's motions were filed 7 days after the verdict was entered, well within the 14-day
period for:filing a motion for new triaL See K.S.A. 2013 Supp. 22-3501(1); L. 2010, ch,
135, sec. 25 (amending previous IO-day period to 14 days effective July 1,2010).
Furthermore, like the federal courts, this court in State v. Andrews, 228 Kan. 368, 375,
614 P.2d 447 (1980), recognized the distinction between a motion for new trial filed
within the statutory limitation period and one that was not filed within this time, holding
that the right to counsel applied to the timely motion but not the untimely one.

10

"We think it is clear that the customary motion for a new trial which must be filed within
ten days [now 14 days] nndecK..SA.

22-3.501 and which isprincipaUy

for tbepurpose

of

calling to the attention of the trial court alleged Irial errors is a stage of the criminal

proceedings which falls within the purview ofK.S.A.

must be proviLled jm" tIre JIHF11DSR!Sof such a

molWll.

1979 Supp, 22-4503, and counsel

AIe subsequent motions, filed after

the ten [now 14] day period and tiequmtIy after an unsuccessful

appeal, seeking a new

trial on the grounds of newly discovered evidence, also within the purview of the statute?
We think nolo" (Emphasis added..) Andrews, 228 Kan. at 375.

As further explained in Kingsley, 252 Kan, at 766-67, an untimely motion is

considered under KS.A. 22-4506, which applies to collateral attacks on a conviction. In
such a case, a trial judge "may determine that the motion, files, and records of the case
conclusively show that the movant is entitled to no relief, in which case [the judge may]
summarily deny the motion without appointing counsel" Albright v. State, 292 Kan. 193,
196, 251 P 3d 52 (2011). The detennination of whether the motion presents substantial
questions of law justifying the appointment of counsel "rests within the sound discretion
of the trial court' [Citation omitted.]" Kingsley, 252 Kan, at 766; see Albright, 292 Kan.
at 196; Kirby, 272 Kan. at 1193-94.

In contrast, as stated in Andrews, 228 Kan. at 375, timely motions for new trial fall
under KS.A. 22-4503(a), which provides in relevant part: "A defendant charged by the
state of Kansas in a complaint, information or indictment with any felony is entitled to
have the assistance of counsel at every stage of the proceedings."

In summary, a motion for new trial filed within the 14-day limitation period in
KS.A. 2013 Supp, 22-3501 (1) and before a direct appeal is a critical stage of the criminal
proceedings" and a defendant has a Sixth Amendment right to the representation of
counsel at a hearing on the motion. In this case, because Sharkey's motions were timely,
he had a right to counsel, based on the Sixth Amendment to the Constitution, at the
hearing on his timely pro se motions for new trial. Additionally, "[w]here a constitutional
11

right to counsel exists, our Sixth Amendment cases hold that there is a correlative right to
representation that is free from conflicts of interest [Citations omitted.]" Wood v,

Georgia, 450 U.S. 261, 271,101 S. Ct 1097,67 L. Ed.. 2d220 (1981).

Hence, the State's argument that Sharkey did not have a right to conflict-free
counsel to assist him with his pro se new-trial motions is without merit

2. Trial Judges Duty to Inquire into Nature of Conflict

Having determined that Sharkey had a right to conflict-free counsel, we reach

Sharkey's contention that the trial judge was obligated to initiate an inquiry regarding
defense counsel's possible conflict of interests in order to ensure that Sharlreys Sixth
Amendment right to counsel would not be violated He argues the duty to inquire was
triggered when (1) he filed motions alleging his attorney was ineffective and (2) his
attorney left Sharkey to argue the merits of the motions on his own.

As Sharkey argues, "[i]t is the task of the district judge to ensure that a defendant's
right to counsel under the Sixth Amendment to the United States Constitution is honored
[Citations omitted.]" State v. Carter, 284 Kan, 312,321,

160 P.3d 457 (2007). In order to

fulfill this duty, "[w]here a trial court becomes aware of a possible conflict of interest
between an attorney and a defendant charged with a felony, the court has a duty to
inquire further." State v. Vann, 280 Kan. 782, SyL 11, 127 P.3d 307 (2006). "If an
appropriate inquiry is made, the district court's decision is reviewed under an abuse of
discretion standard [Citations omitted] But a district court abuses its discretion when it
makes no inquiry into the nature of the conflict [Citation omitted.]" State v. Stovall, 298
Kan. 362, 370, 312 P.3d 1271-{2013).

Because the trial judge in this case did not make an inquiry in light of the apparent
conflict between Sharkey's interests and those of his attorney, Sharkey argues he is
12

Men's Invitational
June
~

19, 20

& 21

round one SCOt'e$. Handicaps iu e,ffoc! on

June I 5:will be used for th tournament,

The Men's In itational Golf Toumamem is

scheduled for JWleI9, 20 & 2L This years
tournament format is 'Two ,Person Team and
Individual Poim Quola. Enlr)' fee. includes

Schedule,

practice round, ro~nent,

lee priztl,p!a)'ers
cookout and go!t' cart. Tbeentry fee i.$loo
per person or $60.00 fur a CrestwO!>d member. Olliera! NgiStfarloll forms-are available
U. the' doff Shop or all the \\'eb!:ite,

of E\'enIS

Frlda~',Julle
19: Schedule your practice,
round tee time one week in advance. Nonmember gue>Ult1ay scbuJe practice round at
another lime' by Calling for availability lItIlil
July 30. 2009. Cat! tee of SB-OO will be due
for practice round by rlOfl cart.owners.

The tournament fo,rmal is "Poiol Quota~.

Each team is given a team quota based OIl
blwdicaps for each membe't. Quota ill determined by subtracting ),our handicap from 36.
Teams attempt 10 score "" m:my points over
quota based on the number of boge)_I,
!"lli"'2. birdies-'!, eag!~
inade by each
ream member, Teams ,villlie:pre.flighled
by
the total of the two handicaps. Each ,pta),er
must provide a OAINnumber
or have a
handicap
established
through Crestwood
historiea1 dlIta~ li'alldicaps turned
may be.
reviewed and adjusted 'by the -toUrnament
committee based 011 past performance and

lfORSERACE:
tlptloMllfOlSerace begins
at 3:00 pm, Pre~tei)ister on the official entry

and pay it! advance fOf'this event. En~'

fee i.530 per team,

fOl'il1

Sat., JUne 20

&; SUD~ JUne 21 : tee times

8 to lOaJlland 12!30to 1:30pmolnn
&#10
file Play<!l'S ceokonr ilfidkeg beer Uolllll :30
.to 2:3OpIIl

tlpliollal llalian' Buffer with Irmian winealld

beer lasllng @ $20,00 per person on Saturday

.lighl More.ififohnat;on .follows.

ITALIAN NIGHT with Wine & Beer Tasting, June

20

Italian buffet wilb lblian wine ,and Beer rastWhat's left for 3, great evening'! JLb.-': a great
ing is set for Sa!Ulday, J~-20.
This summer
lIlmOsphere Md we'D haw !hat roo with piall(}
party is not just f01'Men'. Invitational 9,
music in the backgtoUil<t
participants but (or an members and ) I
Reservations _area ml:'-~tbeginning at 6
guests. Tim has planned a la!Jl~ but-\ \ i/'
pm. Bring your guests from the golf
fetofIraIi1lil entrees with all the usual
\.1
loomamen! or a group of members for
accompaniments, salads and desserts.
rela.'ting; eVenilll} of great food;' Imlian
Italian fin,. wine and beer tasting are
\Vlne and beet Wliil&'included tor only S20,OOper person,

Pi

t.J,)'-~
';:';''V

July 4th Celebration Scheduled for June, 28!!

Crestwood will celebrate !he 4th of July on Sanday. June 2&. flu: day bcjpns with a --Pick Your
Own FDrmat'Golf." Use tvur rq;uloJr tee rimes
and playing ll7Oups, but play a Best Ball
,&TiIlllb!t: or Individual p"'>' fer a SIO
cntty' fee. Playas """,y formais and

partners as you went.
~',.
Tho SWimming 1'001 will Open atll:OO
-~
am, .4rotmd 5~O pm, the ",,,,,,inll's
_-:
ceiebraticn

bq"oins with a KidS Patrjotic

piIl1lde

races, pool t;,~es and numerous otbo-A Super Old Fashioned

serve

from 7:00 to 9:00' pm with ribs, smoked

chicken, buro;"" bot dogs, coleslaw, potato

sa loti ODd J()kidi. Cost of the Buffel
"SI2.~5++
for adults.. ChildJaJ ngc 6- in n
, ."",S6.95-<+.ynd<:rasel;"."""m".
Reser"",on.< are required and tables will be SOl fbr
<XlI)' those wno reserve ohe.<l

Q[.

decorated bikes and golf carts, Kids will ""joy

C.\retJEL

4th of July buffet ,,'ill

. .

The olwa)'. popular "loose Chan2e" b:u"l'\"ll

.&om 6:00 Ib 10:00 pm. The ~rand Heale
will '1>0 the Firewoiks Spc<)(acWar'Di<ipraya,
diuk, 11will"" a'spcC/3<.'UIar,ilc from my "fthe
Crestwood dc:ck., Gnd pavilion, Make
reservarious. ASAP fur th fun Ilunily' ""t"Dt of the

pl.y

IlISldetlllslssue:

you.

)'oat!

3
CWCCHS_&,
PoeoIi_

.-

BLOODY MARY COUPLES

GOLF TOURNAMENT

The annual Bloody Mal)' Couples

Golf T1>iD'tWn~t will be herd OIl
&1urtUiy, Jllly 4th. The day-begins
with 0. breakfast buffet . serving
from 7:30' to &30 am in the.maiii . .z-;;;. ' "'~'P.::7
dining room. Asbotgun
start at
8:30 ani withyoW' own two-couple team. The
format is 6 holes of'scrailtble.
6 holes best ball
aod.6 boles of scorch scramble.
Ten percent
of YOW' team handicap will be deducted
from
the team score. Men will play white tees and
. lames will play red. tees, Enn)' fee is S40 per
couple which includes golf; breakfast and one
Bloody Mal)' per
player.
Go!f cart not included:
~-:-

receive a one year subscription to a magaziDc of your choice from a '!imited selection
including
Golf. Digest.
PLEASE SIGN lJP EARLY. so 'd~~,

<

tha.twe.c. an:llItiC.ipatethe. D.umbe.r~.. ,'.c..

.of prizes; (Men,. sign up ill the .. 1. ,
Golf Shop')
There
putting contest before
closest to the pin on"
the winner ofmeRallv
See you on July 4th
Blue and Pink dai

'Z';::"-"

Get together a ream of

~'~
two couples and start your
July 4th holiday with a fun ..
mornfug of golf. Sign up in v,.
ihe Golf shop. Limited 10'30IeaOl s.

3
.,

will, he a."
the tourney.
TIle
selected.hole.will
be
For A cur'; evenr,
for our ROO; \Vbfte,

JULy "m HOURS:

lGENDS

'-'OOD SR rer. CLOSES

@2:00Y)f

THE DINING ROO:\1 & LOl1N'Gt::

CLOsED AT2:UO PM FOU.OW~G

,UlNgr~':R\'lC.,

"

Something new this year along with this rournamenr, we're baving a Susan G. Kernen "Rally
for The Cure" event. This is an optional fundraising ev ent open In men and women Entryfee is; $20 which is tax deductible.
You wiU

BONNIE

& CLYDE COUPLES

WANTED couples for our annual

"Bonnie &. elIde Couples lnvilfllianal
Shootolll" Golf Tournament slatd for
.JlIly31s1, A.ugu~'t ],&1,.2009.

me

The.format is two personscramble.

Entry
is 5235 for Crestwood 'Members with 'carts or
cart program.
Non member entrants pay
$275.
The entry includes:
Friday practice
round (cart not included). play Saturday and
Sundar
with carts, buffet' in ihe
Dining Rocrufollowing
ale Horserace on Friday, lunch buffet on
Saturday and Sunday, banquet on
Saturday evening, tee favors, and
one mulligan per player .per day.
Optional Skins game available on

Inside .lslssuG:

.~\VIMMING POol. CLOS~:@

61'~f

GOLF SHOP NORl\'L-U HOURS ,

INVITATIONAL
Sunday.
Saturday

Flights \\~11 be determined

round,

after

An Optional hors~raE:~will. be beld on

Friday, July 31st at $40 per team .. Setting
table will open at 1:30. pm with teams
scheduled to shotgun by night at 3:00
pm,
Advance

payment

and registration forms

be sent to Sherry
Thompson.
Entry forms
are available at the Golf
Shop.
mUSI.

ThtlSItOtglDlsrans@8:00am
-or';..OO p11L T ee lime requests
honored' in order of receipt.
011SlIlldl1}'illpper jlight$ shot.
gim ~11.~{)(),pl1f.

WELCOME NEW MEMBERS,.

z

Tyler & RDbyn lJan-eD

~'S'!u~=/
Lo~&Conme

Stroup

WWW.OLLSMC.COM
OFFICE - 109 E 9TH ST

DECEMBER30, 2012
THE.HOlY FAMilY OF JESUS,
MA.RYAND JOSEPH

P.O, Box214

KS66762
PHONE - 620-231-2135
PITTSBURG,

OUR
01

REV. MICHAEL E. BALDWIN

Pastor

OURDES
Under the mantle of Our ladyof

REV . CHAD J. ARNOLD

Assoc1ate Pastor
St. MolY's Cargon Sc:hoolsChaptailJ
REV. ADAMJ.KEITER

tourdes,

we are a pilruhiarnily nurtUring faith, hope andloee

in the community WOl"",ah fonnation, prayer, and stewardship

A~sodate Pastor

st. Pius X Newmall

TODAY'SFOCUS - The Holy Family
of Jesus, Mary & Joseph: In ourfamilr.e5,we are called to live out the

STEWARDSHIP

Center Chaplain
REV. MARCO A. Oe'loOERA
Associate Pastor

REHEC-

TION

.\VE~fNff.MA,SSES

The Ho[y Family is a model

-:
great commandments of lovingGod tor us to follow tn how to -sAT:' '.6:30'PM.
AM, NOON
and loving our neighbor. The family live in the world while jour" oSUN '7~O,9:00,;lQ:3Q
SPANlSH
MASS - 2:{)O PM. r~
_ _\
-',
is God's holy ground In which we
nevi g toward the king- -WEEKDAY MA~E-S
strengthen each individual born in dom of heaven. Parents
.6:.30AM
QNthTQUgh FRI.
his image and likeness. Mayall fami.teach and instruct their
8:00AM tUEthmug~SAT
Hes always strive to live lives of comchildren because of their
passion, kindness, humility, gentleunconditional love. Chil- LA MISA EN ESPANOl Donmgo 2:00 I'M
ness, patience and forgiveness as
dren learn' 0 obey and re- CONfESlONfSDomingo 1:30 PM
children of God.
-J>iitk-eAdam!(eiter {620} 231-2135
spect their parents and
learn- how to share with
CONFESSIONS {or byappaintmentl
Please remember to flame Our LadV
one another. The experi- SAT
4:00-5:15PM
. of Lourdes or st, Marys Colgan
ence of loving and bei g TUEtnrougnSAT
7:30-7:50 AM.
: ScnCJDis in your wj/J.
loved starts each of us. on a
journey' through whrch' we
MARR~GES-Contact
a parish priest at
JV1a}' we leave a legacy of Jolth and
education for

the generations

to

come.
: Please consider

informing Fr. Mike or

i the parish ofjire of your legacy plans,

I

balci",,[email protected].

CHRIST THE KING

ADORATION

CHAPEL

Two overnight hours need an

adorer: 1:00am en Tuesday and
4:00am on Friday.
Please call: Christie Gill at 2310048 or e-mail [email protected].

I.

STEWAROSH1P-OFFER4lNG

W<!ekly Sunday Offering needed

seek fulfillment that can

o Iy be found in the kingdom of God. May' our

hearts
be
continually
.drawn to the table of the
Lord.

le(3Stfour months prior to tlesired.w~.d- arrig:~afe..

PSR-Parish School of Religion

. {during school time}
K thru 12. WED 6:30-7:30 PM

PASTORAL COUNCil

Debbie Clawson
Joe Dellasega ./
Ky.e :Fleming~
Kevin Hamilton

NancyHkks

Mark Johnson
Shane Kannarr
Monica laForte
Kristen O'Brien
Joe Paulle

Joe Sthremmer
Jeff Spachek
Joel VanBecelaere
JiUVanwey
MarkW.emer

ST. PIUS X NfWMAN

301-A

CENTER

FRst rlpltplilnrl

riage and religious liberty! will be herd on the fast

Sunday of each month, starting this Sunday, December 30th} at 4:00pm, through November
2013 the end of the Year of Faith.

J
Bulletin items need to
[email protected]
by Wednesday of eachweek.

be

J"

SCRIPTURE READINGS
FORTHlS WEEK

Altar Society
Store

MisSionary CatedUsts

GoodwiJ[

ofthePooc

We need God's Ward each day

235-0564

SpanisnSf5ters

Monday, Wednesday,
Thursday & friday

620-235-1732

9""m-3pm

Pn!ya-line
S;OOarn-5:OCpm
231-3786
5:OCpm- 9;OC?n

MonUI}
Tues (11<

235~5&4

Reflgjou s Gift 5tl op

235-7448

Iwed

IThurs

"Rlursday: 10:ooam-s:oapm
FridaV: 10:00affi-"3:0opm

saturday 10:00am12:00pm

231-88I6

MASS INTENTIONS
(l} fro Mike Baldwin
(2) Fr. Chad Arnold
(3J Fr. Adam Keiter
(4] Fr. Marco De loera
SUNDAY (30)

7:00{1) Intention ofSMC Alumni

9:00 {I) Peopte of the Parish
10:30 (2Hntention ofCelebrant
12:00 (2) Parish Purgatorial Scdety
2:00pm t4) Int. of Celebrant {Spanish}
MONDAY (31j
5:30pm (2) Parish Purgatorial Society

Sat5j
I Sun (61

7:00 (L)P'eopfe of the Parish

9:00 (3) Adolph Spigarelli+
10:30 13jlntentiQIl of Celebrant
Noon (4) Intention of Celebnmt (Spani.sh)
WEDNESDAY (2)
6:30 {4) Intention of Eble Fam([y
&:00 {S) Margaret & Charles Benelli & Bon.+
THURSDAY!31

FRlDAYl4j

6,:30 {II Sharrene Meyer+

8:00(4) Intention of Emit~'Swearingen
10:00 (3) Cornerstone
11:30 (2) Bob snow-

SATURDAY (51
8:00 (4) Intention of Stockard
& Huerter Families
5:30pm (2).Clemence Haget
SUNDAY (6t
IntentiollQfSI\I

CAtumni

9:00 {If People ofthe Parish,

1.0:30 IS} Intention of Celeb ram

12:00 (4) Parish Purgatorial Society

2:00pm (3) Int. of Celebrant {Spanish)

ofttte

Lord:

=========M=a=tt=he=w=2=:1=-1=2================~1

.' VOCATION PRAYER! 0 God,. send your Spirit,

J that we may hear and recognizeyour voice in

the deepest part of our beings, Give us thecourage and strength to respond with the gift of
our whole lives in witness to the person of Jesus
Christ and the good news of the gospel. Amen.

j
i

I
J

6:3(1) 'Eleanor M. Florro+

11:30 [4} Intention ot Kate Okpala

The Epiphany

Isaiah 60:1-6; Ephesians 3:2-3a, 5~6;

j~1

TUESDAY!l)

7:00(2)

(3)

~ri{4)

1 John 2:18-21; John 1:1-18

of Maf'/, the Hofy Motiler of God:
>lumbers 6:22-27; Galatians 4:4-7; luke 2:16-21
Saints 8osi{ & Gregory: 1 John 2:22-28;
.John 1:19-28
1John 2:29-3:6;
John 1:29-34
Soin; Elizabeth Anll Seton: 1 John 3:7-10;
John 1:35-42."
SuirJt/ohll Neumann: 1 John 3:11-21;
John 1:43-51
Sofemnity

i
I

SERVERS-JANUARY 5-6:
5~30pm -Garrett Bolin~er, "Trevor Graham, James Ridley
7.:00- Paschal Hrwe, Zachary sutton
9:00- Carter Barnes, Grace VanBecelaere, Christopher Wood
1O:3Q-ct:ajre Patterson, RebecG~ spacnek, Patrtrk SUllivan
Noon-Amber
Kratz,AAnie Snows Cectlla Slomrd
EUCHARISTICMINISlERS-JAN UARY 5-6:
~
& Fran McGrath, Elias.& Magda Tav.ril
7 :00- Steve Bolinger, Pete Kemmerer, Val Zacharias
.
9:OO-Xathleen
Brown, laDonna FI\'Ilrl,"Budd'vGorena, Am\ Hite
10:3()-Julie Cedeno, John Martel, Dienn Mazurek, Kristen O'Brien
Noon- Beth Gilbert, Bruce Huelat, Ethelene Pesavento, D. Butler
5:30pm-Gary

OFFERTORY GIFT BEARERS- JANUARY 5-:

5::30pm- Carla,Wootl Family
7:00- Ushers
.,
9:00- StU Hite familY~
1G:S0-rrank Kuhel familv
1 Noon- Joseph Ngo famil\'

!
! LECTORS-JANUARY

5-6:

'S{3t)pm - Francis Keegan

7:oo-leatha
:Bolinge.
...i
MASSES AT THE r~EWMAN CENTER
.j 91OO-Judi fast
Fr. Adam Keiter
1 10::30-lori fleming ~.
The next Mass at the Newman Center wilf be. 6:00pm
l!Ioon-"Beli Pommier
on Sunday, Januarv
1
~--------~~
__ ~~13th~ 2013.
-3'~

November
.hirty- Irst

s,a~

WWW.OLLSMC.COM

3, 2013

in Ordinary

OFFICE - 109 E 9TH ST

Time

P~O. Box214

PITTSBURG, KS 66762

Weekend of Mr. Russians arrest

PHONE - 620-231-2135

OURDES
Under the mantle of Our lady of Lourdes,
we are a parish family nurturing faith, hope and love
in the community through formation, prayer, and stewardship
TODAY'S FOCUS-Thirty-first Sund3y in
Ordinary time:
When we decide to follow our lord Jesus,
we find wholeness and new IIfelri him.
Taking advantage ofthe right moment can
make all the difference in the world. That
is why. all . special momentS need to be
treasured. lna similar way, the lord gives
us many opportunities as well. These
special blessings of grace help us to find
wholesomeness

and

maintain

virtuous.

lives. Do we recognize and cherish them or

do we take them for granted?

Please prayerfully consider leaving a

legacy of faith by remembering Our
Lady of Lourdes with a planned gift to
the Memorial Fund. A life insurance
policy, an annuity or a bequest gift
designated in your will or estate plan
wilT help sustain our Parish and
Catholic Schools for generations to
come.
For more information, please' contact
Frances Mitchelson, Directorof Parish
Relations, mitchelsonf@OLLsmccom
or620-231-2135.

$TEWA.RDSHIP REFLECTION
When we make an effort to
live our .baptlsmal calling we
begin to understand what. it
means to become a dlsclple of
Christ Jesus, the reading from
the Book of .Wisdom today
exclai'ms that the entire universe
belongs
God because he
created it and through love he
sustains and is present in it.
Christian discipleship obligates
us to. thank God the Father for
the abundance of the earth and
care for it in order to nourish our
love of God and neighbor. in the
Gospel; Jesus met Zacchaeus
and their encounter caused such
a conversion
of heart
in
Zacchaeus that he decided to
part with half of his property
and right any wrongs he had
committed.
May we; too, see
that if our focus on possessions
pulls us away from the lord, we
should abandon them, to fOllow
ourSavlor,

to

REV. MICHAEL E. BALDWIN

Pastor
REV. CHADJ. ARNOLD
Associate PDstor
St. Mary's Colgan Schools. Presid<mt
REV. ADAMJ. KEITER
Associate Pastor
St. Pius X Catholic Student Center Chaplain
REV. RICK KOTRBA
Associate Pastor
~WE~ENf) MASSES
SAT 5:30 PM

iSUN7=OO,
)t"":SPANlSH

9:00,10:30
AM,~NOON:,
MASS.~ z.oo PM"
,

'W~EKOA:Y MASSES
6:30~M
MOt-! through fOR[
8:00,AM TUE THRU SAT
!AMISA EN ESf'ANOL
.Dominco 2:00 PM
CQNFESlONES Dominco 1:30 PM
.f'adre Adam j(eiter (620) 231-2135
,COI\IFESSIONS

(or by appointment}

SAT
4:00-5:15 PM
lUEthroughSAT
7:3Q-7:50AM
MARRIAGES-Contact

a parish

at least four months

prior to. desired

, wedding

priest

date.

pSR-:,Parish
Contact

School of Religion
parish office

231~2135

PASTORA.L COUNCIL
Christ the King
.Debbie Clawson
Adoration Chapel
Joe Oellasega
./
We really need adorers at 3 PM on
Kyle Fleming."
Mondays and at 4 PM on Thursdays.
Kevin Hamilton
Please call Ashley Braden at 230-9813
1
._ . o.
.,o
,_._<_~~~.Y,!iic.~!,

Mark Johnson
Joe Schremmer
Shane Kannar.rJeffSpaehek
MonicalaForte
Joel VanBecelaere
Kristen O'Brien
nn VanWey
~;~E!~C!"!!i~

._.

Cliil!lien'sAdvot"cy.Center,
Inc.
Rigoloni Dlnner Suntfay,Nov~mber
10th i
at PittsbmgMemo.riai
Auditorillm Lower.
Level
RigatDni, Salad. Green Bean5, Bread,
Dessert,Tea and Coffee
$6. for Adults
$3. fonhildrenunder
12
ChildreJ' 51lnd under eat Free
Take-out avairable

Today
Please

LOOKING
SUN f3) Turkey and Noodle Dinner
SUN,(3)Adoption celebration Mass
WED! &) mE MASS-G.LFTf'vent
WED (6). PSR. Serrarnental Preparation
WED (6}RClA
WED(6IPSRFimR~CilI1ciliation PIe!>"ra!ion (S)
MON ~lOlCmLady's P"rayerGroup
MCN Illl V~teran'S Dav Program
TUE(12) freddV's:Nightforfioe Arts.

by

those rtouched
adopted
children,

b.:irt.h..p.".re nts. ' a. d.optiv e. . .pa..ren.ts.... fo.St.er.

.
parents, and. esped~Hy the approximate
210 million orphans worldwidewho .are in
need of families. PJease consider whether

to

mightb~
able
help.those
diildren
still in need of a hOllJ<=insomeVJav;
perhaps as an adoptive parent, foster

\,OU

parent. or a short
PartiCipating
program,

term respite parent.

local mentonng
coaching or teadfn .youth
in

activlttes
are some. ways to support
children who maybe in need ofaddltlonal
care.
Our Ladv of Lourdes
Adoption
Committee jsalways
happy to visit With

cJi6n

Veteran's

DaY~r.()gr. a.m. v

pr.e.s.ente.d. b...y t.h.e.S.t, Ma.his EI.

your IRA

to a' quaHtledt:harity"

sucnes

Cur'ladv
oJ LOurdes or St. MalY's Colgan
Ca,holK SChoOlS. Stroh qualified direct
dlstributlons

to charity

from y_our lRA ere riot

subject- to: income taX~ but-must

be
completed by December 31,2013. For more
information

about how vou. and OUf ladY" of

Lourdes can. benefit from an IRA Charitable

Rollover,
contact
'Frances
Mitthelson:.
Director of .parish Retenons at 231-2135 or
[email protected] .

Bu/letinitems

neE!d tob'e er'nailed

amI

~..M. on

{.4.1 W.l3C. ~rn. Dog. Spinacp ,Salad;,

.
.
I
,Seasoned Peas, Apple
,
: Tue f5} Taco Soup, WG Com Chips; Fresh.
; Broccoli,Sllced
Pears, Snickerdoodte:

t~::[e

I~i=n=vi=te=d=t=o=a=tt=e=n=d='::;;t:======~
-.
;~
Save theOate

the Next GIFT Event

The M.ass: H e vou eVer wondered

whvth.,f,'rlestskiss the altar?
~OlnUSf:
Masson
Wednesday Nov.

o.....

6.t.h.3.t..'Z... p.m.a..s.we~xplor ..eT.h.eMa. 5$

h
and i richness. learn t e meaning to
5Q e of the things we say and do in
e Mass.

interested
in supporting children IJ~==============:
and 'families. Feel free to contact
tho!
The st...Mary's
Co.lgan
Fine Arts
committee via Kyle and LOri Fleming,: 62()Committee
is sponsoring
another
235-o008ofkylefleming21@hotmaiLcom.
Thank you
Freddy's .Fundraiier.
Nlght.lt
is
Tuesday.
November 12th. Freddy's will

from

dy of Lourdes

7,00 pm in
urch
6:30 pm
mentary School
'ldO p Elementary SChool
6:31) m Elemell,aty School Commons
5: pm Adoration Chapel
.30 am Elementary SchOol Commons
5:00-'8:00 pm at f.redd\,'s

be.f-------;c~~;~~~~~~i;~-------:
'

en..~.Ulty
.
th
o.nM.ondaYiNovembe."
11
..8. :30am
...
..
in the grade school c
mons, All
parishioners,. especlalr veterans
are

those

Make a Gift through an IRA Oloritable

Rollover tllrough December 31; 1.013help
Cur lady of Lourdes or St. Mary's Colgan
Cathoiic' Schools and receive- 3. ~ta)( break'" at
the same time. Normally. a distribution from
your IRA is raxed il5<lrdinaryincome.
However, the: flsq5j. cliff tax, le:gisl.ation
enacted byCOngres;extends the opportunity
I tiUDughout2013 forindl"iduals 71) and a half
years-or q/der to-make a-direct-distribution

11):30.m Our

~::::.~2!::\~ee:eg::o;~~t!~~:f~iJ;::;:;:~~~~!:=~~7:e

is Adoption
Celebration
Sunday,
take a moment to. celebrate
and

keep in prayer'aU'of
adoption.
ioducf;og

Same N\lmber A$ The fax

AHl;~g"W'dbt.t On The warrant.

eat-tnor
drive-through purchases beh ..
een 5:00
-8.:00 p.m. on that flight, so goout and
-enjoy a delicious Freddy's burger, hot
dog. or concrete and support Flne Arts
at SMC! Mark your calendars for the
FAC's.flnat fundrajsetnight~ Dec. 9"',
and lookfor more Fr:eddy's Fundralsef
opportunlttes
to
help
other
organizations
at SMC starting. In
January. last monthths
FAC received
over$230!
Thank you, Freddy's & SMC
donate

.(6)

Beef

Noodles,'

Mashed:

aaby
carrots,
B!ueberry:
: Muffin; Sliced Peaches
.:
~Thurs (71 Chicken QuesadHla, Chips.
:Salsa,Ren-ledBeans,orange.
.:
: Potatoes,

&:

; Fri (8). Cowboy

cavatlni, Satad, Green.,

: Beans, Banana:
,..;

;.._.

"' __ ~

7 Deadly Siils/7Deadly Virtues

Ther.e will .be a sessiofl..this
Sunday,
....
.
dl S' !
November3rd,
forthe Seven Dea y Ins.
.... . , '.
. h
Seven lively VirtueS. It wlU be in the Hig
School Commons Sunday, from 6:30 to
.

7:30pm.

15% of all sales from

supporters!

During the month of November, the

Club wm be raking yards. Free
1.'.111 donations wUl be accepted.
The
money ratsedwtllgo
toward adopting
several famtltes during the Christmas
Season. If you \'Iou/dUke to have your
yardraleed by the club, . please contact
Nicole Goetz at 316C61&.5513 or by

Memories of Mike's Annual Meatball,

Ravioli, and Sauce FundHaiserforSt.
..Bridget's catholic Church
-Meatballs
by the dozen, frozen, cooked
or uncookedwrth
sauce or without
sauce ..
"Ravioli ps cksges of twenty
frozen Ravlo!is:
-sauce canned in pint and quart glass

Jars.
lVleatballs$lO.oo

a dozen with free sauce.

Ravioli $10.00 per package with free
sauce
Ext[a sa4CE $3.00 a half pint or $5.508

Newman

to.
[email protected]~.
. _by,
Wednesday
of eaoh week .. ~--......... emailatngoe1:[email protected].

Peggy Fleming

quart
Orders

now .beingtaicen untltNov5,2013Contact;

Mary Trant 918-504-B646.0f
Brad Enfow 620'-202-1016
.enlow _ brad@yahoo;com
[email protected]

A1tar$ocietyGoodwili StOR
235-0564
Mondav, Wed~esdav,
Thursdav a Friday

Missionary catecbists

oUhePoor
620-235.-1732

:R:!l:~;:~:'May
Mim .(4}st~ Charles HarrbMeo, Bis~p;

s arn-spm

316-300-9798

Fom Saturday of "ach month

9:00
3.:00 om

lues (5)
Wed (G)
lburs.(7)
FR118}
SAT(9)

am-

Religious Gift Shop,

23>'7443
Thursday: 10:ooam-3:00pm
Friday: 10:00am-3:GOllm
Saturday 10:OOamc12:00pm

Praye.rUne

9:00 am- 5:,00 pm

231-3786
5:00 Ilrri-9'OO em
231-,8816

(2) Fr. Chad Arnold

(4) fro Rick Kotrba

(3) Fr. Adam Keiter

7:00 (1) Parish Purgatorial Society

9:00 (21 Parish Purgatorialsooety
10:30 (2) Adoption Celebration Mass
12:00 (4) Parish PurgatOrial SocIety
2:00(3) (Spanish) Int. oUne C,elebrant
+

TUESOAY(S)

6:30 (3) Int. of Gene Strasser

8:00 (21 Int. of College students
11:30 (1) Pauline Gallagher
WEDNESDAY

Didlake,+

(6)

6:30. (1,) John & Mal)' Seglle+

18:00

II

2:16-3:5;

SER1iERS~November
9& 10:
5:30 pm - Alex Herod, Paschal Hti.~, sophie Graham
7:00 -:celin O'Brien, Ethan Ward
'"
9:00- Rebecca & Thomas Spachek,D<llton VanB,ecelaere
10:.30- Cade Simmons, Rebecca Spears, Taylor Wixson
Noon-Amber
Kratz, James Richey, Kaleigh Ware

+
(9)
8;00 (2) Gene & Rose Gillespie +a,nd Family
11:15 (4) Susan OarkMaffei

3Znd Sunday;" Ordinaryl'ime:

2 Maccabees 7:1-2; 9-14; 2 Thessalonlans
luke 20:27-38 or 34-38

(7)

6:30,(2) Jim cashero +

11:30 (4) Joe Reilly+
'fRIDAY (8)
l'!:30 (3) luke Wenzl +
8:00 (1) Jim Ison +
!

.
!

we

(4) Theresa Yoakam .

THURSDAY

You are OUT father. You have bonded with us and yougive us' the gift
of loving and bondfngw;th.
you. We 'ask that this same miraculous
love. would flowbe~een
adoptivepar~nts8ndtheir
children, Giv~
mothers and fathers an unexplainable
bond. And give the chlldren,
man, of them wounded by deep rejection, " supernatural
capacity to
receive love. Bond them close. Create 'family ties where those ties
seem impossible. 'God, for those families seeking now to adopt, give
them C9urage to persevere.
Fo~' those governments
that make
adoption, difficult, break through
and ease the process.
With
millions of orphans
in the world, lord, ,rel""se a wave of 'new
adoptions.
Create and expand many fainilies, and with your OWD
parents' heart give 8newc~padty
to give8nd <ece.ive Ieve. In Jesus;
our brother/to
th,e rather
pray this!R
'

(41

6:30 (4) Ruth VanBeceiaere

II

tuke14:12-14
Roma~125-16b,
Luke'14:1S-24
Romans 13: S-lO; luke 14:25-33
Romans 14:7c12
Romans 15:14-21; Luke 16:1-8
The Oedkation, of St. John Lateran Basilica:
Ezekiel 4)':1-2, 8-9,12; Corinthians 3:9c-ll,16-17;

"God' you have initiated adoption. YOu love us as if we were your

own, making us your OWn, though ,we have on our-own drifted far
from you~ You love us unconditionally and give to --us~a- love for. ~c).:,.

SUNDAY(31

MONDAY

~I!

~ll~'
Sun (1O)

MASSINTENTlON5
(1) Fr. Mike Baldwin

,
Romans 11:29-'36,

SATURDAY

5:30(1} Frank Cronlster

SUNDAY (10)

EUCHARISTIC MINISTERS-November
9 & 10:
'5:30 prn -Mark & Teresa,. Kolarik,Carofvn Perry; Ai"flanda Minton /'
7:00-Stev"
Boling"r, Kristen O'Brien, Val Zacharias
9:00- Kathleen & Matthew Brown, laDonna Flynn. Amy Hite
10:30- Mari<Johnson, lauren Wemer,N;mcv & Steve Hkks
Noon-Donna
& 80b Backes, John & Ronda lson

s-

, 7:00 (2) PariSh PurgatoriG1Society

9:00 (2) Parish Purgatorial Society
10:30 (1) Adoption Mll$:S
12:00 (1) Parish Purgatorial SOciety
2:00 {4} (Spanish) Int. of the Celebrant

MASSES
CATHOUC

GIFT BEARERS- November

aUT. PIUS X
STUDENT

CENTER

Fr. Adam Keiter

sun" (3} 6:00 pm Parish purga,tOrialSociety

Mon {4) 9:00 pm Mal)' Reda ..

LECTORS-November
9 & lQ:
5:30 pm- Gar)' McG:atll
7:OO~ Kirk Ford
..
_

IWed (6) 9:00 pmCedlia lrtzak +

Thu(7) 9:00 pm Die Mead Farrell
Sun (10) 6:00 pm Parish Purgatorial SOCiety

9:00-lori
10;30-

I~

9 & 10:

5:30 prn=Ron Shiiver family

7:00- JeffVaoleeuwen
family
9:00~jim
Bu,~hefa.mny
10::30-Chad
Mishmasn family
NoonMark Tierney family

Fleming"--

'

frank Kunel

~1_2_:_oo___K_en_'_~_uro_,_a_Ch_.
1

-J

WWllttOLLSMC.COM

June 22,2014

The MO$t Holy Body and Blood

of Christ

OFFICE - 109 E9TH

prnS811RG,

PHONE-

OUR

KS 66762

620231-21.35

REV. MICHAELE. BALDWIN

()tj

Pastor

OURDES
Under.the

REV. RICK KOTRBA

A$sociate. Pastor

mantle of OUT Lady of Lourdes,

Sf. Mary's Colgan SchoolsChapTain

.we are a parish f<imily nt.uturing fajth, hope and love

in the community throughformatron, prayer, and stewardship

FOCUS-Just

TODAY'S

as

the Lord fed the people of

Israel with manna on their
Journey across the desert to
the Promised Land,so he

feeds the new Israel, his

Church, with himself in the
Eucharist to give us the

grace we need to be one

with him in eternaUife.
PleaseprayerjullycoriSiderJealling
a
/egacv offaith by rememberinq Our Lady of Lourdes with a planned :M't to the
Memottu' Fund. A life insurance-policy,
an annuity ora bequest g;ftdesignated
in your will or estate plan wilThelp .sustatn our Parish and catholic Schools for
generations to come.

For more tntormanon; please

REV, . ADAM J~ KEITER

AnociatepQ$tor
St. Piue X .Catholic Student Center
Chaplain

Sf.EWARDSHIPREFLECTION
At the end of their desert
journey,
Moses
reminded.
the Israelites that the manna sati.sfied their hunger but
that life is sustained by the
Word of God.

Jesus fulfilled

thewords of Moses through

his teachmg that He was
Breadrof
life.
His words
help us to understand the
Kingdom of God .while His
flesh becomes food for the
journey.
In the Lord's plan
of salvation He offers His
Son, the Word,. to be our
guide. When our hearts are
receptive to the life offered

to us, we yearn for

a greater
share in the Kingdom. May
We accept the Father'soffer
ofsa(vatiOri and share the

contact

GoeidNew5

Frances Mitchelson, Director ot Parish

5Z0-23I-ZI35 or in/tchel-

withciur

neigh~

bor.

Relations,

,."'~... },,::-~:;;

MARRIAGES-antaCt,~

panih

,Weifd}~g:oate:.
.-.<,,""

PASTORAL COUNCIL
. ~Mo

"',"",:',r' ~

_. .,,",..~~'.<C:.-~

~ We,are in-need ,of aeorers

;.~ ::

"~

__

Christ the King

Adoration Cha pel
'-'

-.

-'

,-',',

.:'

at
,-

,-'.

IiAM'
"

'.

on"-Mon-.

"

tday, 9 AM on Wednesday, 4AMon Thu;sday, &

~ lAM on Friday. Lots cfother hour. are availa ~
\ ble as well: Please. call Ashley Bradel1at23Qt:9S13 or ernall her at Ado(ation(IDolismc.com to
i:sign up or-for more information.

,:

,~m.~"'~>-~~"'-O::~~~;:;;:'<'-~""''';''''''''''':V''=~~~''.'tt'!'W7'':J.'D'':

a
~

ptief

at leas1Jimr mqntlisptiot:to iie'sir~d

c",;>_--,-;i; ..~'~'

[email protected].
1';:om.::.:I;'<.i''0!<''''''~'',,",.

ST

P,O. Box214

t)~bbi~ Clawson

Mark Jerhnson

Jo~DeUase~a '. /'. .

Kyle Flemine""

Shane

MoriicaLaFort~

Joel Vari.Beeelaere

Kevin Hamilton

Kristen O'Brien

JiUVanWey

Nancy Hicks

Joepaulie

Kannatr

Joe Schremmer
JeffSP<lchek

Our lady of Lourdes

!Financialsummary
!Fiscal Year, July 1, 2013 - June 30,2014

iIWeelclytoliectlon
_"",NtlALBlJIlGET
.$2,613,000

301 A f:Clevelamf

PARI"f"

:liOtherReVenue

Ill'

WeekfYFI\'IandaIStewa/'dsblp

$94,.600

W:MIeJlI~1Si2014

The M05tHoiyTrlnlty

WeeR.: 6/15/2014$44,600,

iGr~Revenue$21707,600

,Tithe toDiocese~

$2,446,300

Bud.getedVellfTriDate
Difference

$4,148,521

....
$8c5,o-73.

. ....

J 6670)

En~o~ntert:h~stiretreatls

Sat.JuI'{J:9 __M~n.J.uly21 a~thE!High

Scll~olin st.~aul,K~1
Juniors in .~igh
schoolandoldi'!f,are

lnvltedto

wrne

.~jploreh'.
their H!I~tionShiPsdWit~ J~s~s,.

\.,

,If...

~r~~gistorieS,i?ftmat)iscuci[l~ns,
rn
". ass, prayer, muslc,ga E!5,a
...III~S
and fun. cost 15$75, thoughscholarS}ljpS}r~.~vail"bfe.
Parents, ..'please
::~lira~~YOr~llh~utl:!J.~t:~~d~~

ceseofwichita,wg/vuuth{tec

(Memorliili Fundwithdrawai)

~~~_.~_J

J.S~ AnnuaIMid\'Je~Cath()lic

,;-.- .. :;.

nextweek's bulletin

for an insert0nthestr7tegicplannirigf}fO-

cess~ .It.wlll outlinethE!.threepart

professanclshareth!leadeq;hlpf9r
eachsubcomrnitlee.
Fr. Mike 1lifillalso share .o.;wsolth;proces50nSunday, June 29. Ql!estions,pJease.
contact Frances Mitchelson,
Parish Relations at 620.231.213Sor
mitchelsonf@oflsrnc,c0l1'l~
-

'II

j I'J1lSbHrg,KS

REV'f\)A~KElTER, cHAPLAIN
f@dam@catI)OlicgwiI!as,org'
.
.'.AMYl:.OMSHEK,SECI1Et'\RY
amy@cat!Jol.icg9i"ilfa's.oFg

IThe"f~en$

($79,779 per week)

!Operating Deficit .-$1,702,221

!(MemorlalfundWlthdrawal)

II

I"

l'otalExJ;lenses

$2,445,732.
$2,$30,805.

Y~!lrtQI).!i!tli

iExpenses
! saiilries and Benefits$3,338,76S
Other Expenses
$809,756

10%- $261,300

N~t ReVenye

ili

ti1:0iicStudel1tCenter

--

Director~f

T~tU$'TlIU$:Speciat~hanks
to R~ndI ricdni.fol's~,"irig~:;t~E!v()lunt~e[
coordinator
for this weeK. Over 100 youth from .1st"71~thgfadef
participatedin

filled,\\feek ... Ol1r parish h()stecii\\Io

this fun'faith

tealll:>ofc()l-

lege student Jeaders, who facilitated the T:otusTu~~.~essions.\Ne

appre~
ci~te thehelp ofthe.followlng people In fTlaking '~lealsf()rth:tellrn'
hosting the taarn in their homes, serving~nacksduri'1gthe~ay,providirig
transp0rt.1tion
and doingaUthes1TIali
tas.ksthat
ofteng()
unnoticed..Chloe 'lesperat,
CafolClaeys,
Amy. Coome5,iAshleY
.:CoomesvJordan
COomes, KeilyCumiskey,
Anna'Drenid\lori
Fleming.K<ltely~
Hite . Amy+omshek,
Chantal Marji, . Kristen .()'Brien,~oanfl.e

Flood,Am
Paulle, Kim

Scripsick,Katie~Vllezey,.
JmVanW~v,M~ry.
Kay Wachter
and Leah. Wilbert. '..The' seminarianS'involvement
in the~veningprogra.m\Alas
a Iot. of
funfortha juni()rbigh
and high school youth. Fr'iHick'Kotrb<iandthe
Missionary

happen.

Catechists

We look

of the po()rput

forward

great

Family ConferenCE!
.
J\tlgU$tl~3i<JRich
inMercy.
!please .rnarlc<Yeur~lenc!a~5t()attend
thisellFnt.
seyeral of the speakers
thi$yearare
Or. (3regoryandU~aPop-cak,5pOnsored byt~eOffictl'J)f
.MarI'jag~"nd'f"[11l1y UfE!la!1dpr"'fII1Ic~ael
'Barberwithmusi~1
entert.aiornentby
l'Mgelus.al1dC(jt.Chat
Productions,
Formorelnf0rrT\ation and a cQll1plete
Ilst of speake[SIPiC~upabrochure
at
theback?f.
ChUfCh(l[>go.
.to
"vw'N.cathoIiCfarriftyCQnf~rence.org ..

workinto.makihg

to seeing more participants next YE!ar.

this. week

School FamuiesR"eminder> In order for

.students+to
attendSt:r-.1ary's Colgan
Schools this, fail,.the follqw'ing fi!quiremerits muSt,be met
.
Attendance. at aPllri~hFainiry .. ' .
Meetf~(lr~ake~pSeS5iQh
sObmi5sio~of 2~14-1S Ste\'1~rcfshlp
\ .. R~newalfOim .
fulffll~ent of2013-14 TIthmgPledge
(June~O fstheendoff'iscalyear}
We strongly urge yqutodoublecheck
that your family hasfulfiUed theserequlrements, . Questions, please. contact
the Pari5tioffice .. '. .
.

.i<

.........

?:!:::!4:::=!.-'!!:'t::~~,:".:'~;::;::'''

COIllC;EqF

!
b.
~

The donors listed in this publication should be commended

extraordinary generosity to Pittsburg. State. University.

""" , , ,

DONATlQNS

' ,.", ,

MADE BYCVRRENT

for their

Cynthia \Voodburn

_.-

ADMINISJR,4.nON
.& CAMPUSlJf'

merman
SiiidentCent@.

Career. Services
I>iindy

5te\.~ ScxJ.H~
president
J-amie Brooksher
Jaime Da!ton"

John Petterson,

Je<ft':5teinmiltef" . dJ~or

BarbaraBarto

di~
Heather-Busch

student

oa"'id

SuC'y' \;VOtownlk

Rh.,naSnand.
Biofogy
Dix:i~ Smith..

Ea.CVlTY ANQ STAFF py2Q14

PRcSI.DENT'S.
OFFICE

v.1Cl2'presMellt

Milita:ry ~il!n('e-ROTC
SleW tl!ibb",nd

Jp;h Shay

Art.

c..

Modem la,ngua_ges
.& llieraiu,-es
MynaJ'll Krepps
GrantMQ55
Bert Fatnck

ch.i"
-chair-

K.Uy Borden

don'ngor.

limDa\-.:soo
~~~t';:~

Hogarct

Theru!cJ

J"remy Wade

dean
[)o'nna Pinta"
"itrt'arkThompson
Bobby :~VintersKart 'Kunkef,

I"""'' '

RobertaShilane
Music

Su~Maochant"
~oanrH:~_&ritz

Phillip H~R'les

Ieaneice Parker
KIPS fM

Hermann

'litadi'o:Station

Yirgjnia RidEI!'

.~\~iKeity~cfifi!C..o_r

N~al SChmidt

chait.

Camt-De.ats
HsaCerstenkorn

La .Dollflol Ff)'nn
Cynthia Johnson
Patricia'.Ion.~s.
Knitl TOi!lIer

Budget & H~man

ReSoun:e Servkes
~'lichele Saxtee,
dircc(Ol

liealth-Senlc@fI
Riia{;'iith~ _~peta1iorn
Stacer Baco.'i

Facilities Planning
Linden Haverstic
S~se-Moser

Debbie- Amesshek
Ka}rla.De\.'ereaux
Dtane Letner .

Tess Carl
Brent Cosens
Lori irwin

Bryna ~rorle5
Ke_fSe.yReofro
j,..~aU-WJ"

Ned: Snm ..
'Dilip Paul

InioRn.AtionS@rvices

1.dtJ~.n'Wcrne.r

Carrie

UnIversHv

C)'nihia Allan. :dtair

Angel.aNeria:r-cni:ei
'in:rcnnaliDn officer
,IGnCooper
Barbara Herbert

Business Offk:e
Barbara \-'vfnt:er,
,clllToi!er
Mis1y uueon

Terti Thompson
Sh~nY\Vil50n
student :Recreatlon
&-lntra_~ur.1i Sports

Develepmeet
Kath'leen:FLmnery.
execetlve director
fJI~ Carter

Mad: Amuddoe
Douglas B~n~,ett
Alida-Collins.
TiDy Comeau

Bill HO)1:
Rebecca Krause

thri~tlna Davis

Vince Oaino.:direcsor
D:ian3 ~_PPlstof1

Kendall GamrTlCfl
Nare-Carresr

Cil_Cooper
Shidey Drew

,School. of Nursing

T~.(P.g Kola,n1:

Liniv{!n~ity 'Housing,
Connie .Matfe~ tltlEctOr
.K.'\thy ~~-\cClJ:llough

Que'min- H(')fmesHolJy_Kii.'!nl
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English

Larry\"'ea\~.
Amanda \Vi l1~rn:'-

COlShiers-&
Sfude,nt Accounts
Oon Hartshorn .

Celia sauerson,

diteaor
judith Coltharp

Interc_oUeg.i.ate
Athletics

Karen thompson
Phl's~.carPlant

RebeCta'Messin~ef
University IP.olk@

Lema Metro
.jessb- S-Uce

Kathfeen ,De.Grave '

Shamala -Callagher

Debbi fis.chef'
~iS:!i Fosbee
Che:yl Giefer

,IimJohnson. eJirec:ror
Lade Anderson
TImSeck
Scott Broyles
MK:h'aei Cook
Lance Cullen
Natalie.Cullen

Tom Ai:nershe~
dfredQr
\Nanda -Eridicotli
director
jon Clarkson
laCk" Freeman
Djna:GladSon

)t,ldy Prince

~t~rk O~rke-r
Amanda O.ii\t'ied_

Kay Jiles

Elil:.il~ib Ecooomoo
Larry Carman
Lln G"'ham
Paul. H.nis
Ryan Hellwig
Ru.5$je .vett
Lane Lord
BriariMilntooth

Dave Pemcta
Tanya PE!Ilto~
Larry r'clsron
Zack QUI.r
Jo:'l'j.'t:1l Sch,'crt
Robert'Stokes.
Jeff Stotts.
Gerard Thomas

Sh~ri Bro~nr
Kii~ H;ir.ky
lane, Huston
M.Tia Uiorkh

Jfn ftt1jnneman

'Dan~rIlp5on

1<fYsta.l \VilJhrte

Dacia dar,k
1"v1E~agan Swafford

.Trish Peak

Ke-iin Muff

MaUMurray

Printing; &
O1!sign Services
Jason Kerma.shek..;
dil"edor
Purcbasin...~
Jim HugheS", director
CAI\1PUS- tift &

(enter.lor tllnO\'iltlon

.&AS$ESS,\i.fNT
_Kathy Benard
P.atrida lindley

Rod

8.mnda-

ART5

s: SCIENcES'

r.weedv

Pierc-e

Stephen Ramp),
Ca:l Roth
Kyle Rutledge
Ib;ah;aemSuberu

~;~~~7t

AQYANC~tENT

nr.ad

Hodson.
'vice' presIdent
DeoiSe-Qui~r
Advancement
Services.

& BUYl1eSs
Detlelopmenl

S.hawn NKca:r.:n~
director
fitka DUmlan
Cheryl Perm
Da_fWU_Pu1fiam

t .....

. .

ra
odd
.. .

..

.. .

.: . -. '

'Ph),sitto
David Kaehn, Cha_"
Kyla :<Orborough

;\.\ar)rCaro-tPomatto.

j~f1niferHarri~ :,_~
AmyHi~~~
Karen johnson
Barbara ~kCLt5.kIlY
Janis $chletelbei n

l"teals
11
ra
t,.u:n:a
TsylilZ(lva
LauravVashbum

[);~ Mo~n~

F~ii)'&'

Ron wcmble

cOnsumer

CoUege <of Rus1nc!i

P:au] :Grimes~ "Q~~,im
Mike Mua:;ha:tll

vVbrheck"rn;iir
D-efllse BErt()ncino
Holly S.~""am
HoU)' Vi"',
Carol wtifh<m
Hiito'I'}',. .PhiTosophYI
& Sodalst:ience5
~l:lane

PROVOST AND
WeE, PRESID.ENT

ACcotmting & C~putt!r

Inlorma.tion Sf$temsP~tef RQ!;enJd1~.r
xebecca Casey

.~~e-.'e'
Cummings
1.CkFay

bmli~Rarone

~r)!Polter

~thJeEn Cam:emn
,Io'hn 'Oaley

MlM.y's'IS~ 'PlANNING,

Tcmpklns-Dcbbs

Pe~"YTotma~

(,Cienc.es.

Dwi!;ht 51,,,,,
'Bob.Tt;tmassi~-Jr.

- JOH,:uhanO-.resner
<;aH Yariek
Stephen. Ha.nncll
~ten
Humphro.y~miol_~immce
Janet Sinith
Harry Hurnptiries
&_,Banlcing
CENTER FOR
Aesha ~otlll.
Bienvenido Cones.
Kirstlrr ",_.vson
Ton~<Delfa.~ga TEACHINGr LEARNING :vta:rk ~:~n
CharlesFischer
.~. TKHNOLOo.y
:'Sh.enY Robe~
~'tidt3e.l MdGtmii
dir<fCtnr

,Bidm~n FamiJy..
Cen1er. ff:1r'the Arts
Joseph "Firman. director

ROOeitKehle
lPrel~-t{ehle

lames .Greene .
Cesie Heemensson
Jamie ,McDaniel

Uni\'ei'5ity Marketing
&: Cornmanlcation
Chr~sK~Il)~.assocate
yK.e presickn!Arin
Terri .BIes~nl
B~tl DAlton
fenny_HeUwis_

::::o~;~!,,,:~ao::;::;'
unt-l!f'-

'Ru~r!oneS

charf
ChnS!.opneO\nde.rson

Diane Hutroison
. G'regor:Kalan

director'

~mberlyH~rrlQS'
Stella Hastings
Todd Hastings
David Hui-fl'!'Y

Co.mmunrcilioD:

AfFAIRS

vic.e.pre'sjden!'R.~rrn

Ei;!tO~~~:;'...:'Sr.'.'f.-f.p:L.ng..'-:.'.

Nonnen~cher

.FOR;:~CADEMIC
Alumni &
ConStitu.ent Retati:onslY~ll.eOf50nr,p{1:n.vst
[oeiRardnw;-director.
&: v-icepresKlent

~~~~~~n~~~:;!!

Farrinwon

UNlVERSI1Y

Kimt>erly.Littie

. Tom M)'ef5.
Frank Naccarato

john

direCto-,'

chair
.

~':;~:;i:1

DonVlney

RiChard Estenson

.Gael'

Pa,\wn Kah0I,,-dj~tJr
Barbara McCarley
Brian PeEfy
l.lfj"~~_ Polter

Cynthia Huffrnan
:(;eorge, Kaemmedjf.lg.1~"

\'\filson

1~:'~=E~I~~~~~EI2:~;fff~~~~t;;>o

lvanJami
Sat a Riddle

.. . ..

.ll'JUIoII5

Is JUdge Lori BOitonFienling

.s~.n@

.Un.rl.Qy
Yapiflg, liu
_.

..lJ"idNewcornh

<

John rson

Sang-Heui tee
Kristen MaC\!'l.
David t\'1ct.an~

LynnMulTOY

Double Dipping?1?

RECEfilED

COP

.JUL 1 8 2014

TIllS COMPLAINT IS AGAINST HONORABLE Kurt Loy CrawMflEtL\LQCAL!FIC'.:';:::.::;

County 11th Judicial District Judge. Case number 2014CV7P Travis
Carlton et al, vs. Toby Miller and Vapor Stop.

Iwould like to make a complaint against Crawford County District Judge

Honorable Kurt Loy. He has been assigned to be the judge in case number
2014CV7P. Ihad a hearing in this case where Iam Pro Se and the attorney
for Mr. Toby Miller is Troy Unruh from Wilbert & Towner in Pittsburg
Kansas.
Honorable Loy stated at OUl' case management conference that usually in
cases like this if both parties had an attorney this case would already by
settled. Judge Loy said that he could set up a mediation between myself
and Toby Miller and Vapor Stop with Honorable A.J. Wachter and
Honorable Lori Fleming.
Both Honorable Wachter and Honorable Fleming were previously
employed at Wilbert & Towner. Icould never get a fair mediator when the
mediators used to be employed by the Law Firm that-is representing Mr.
Miller and Vapor Stop.
It also shows on the Secretary of States websites for resident agents that
Honorable Kurtis Loy was the resident agent for "WASIllNGTQN'S
CIGAR STORB, INC.". The case that I filed has to do with vapor cigarettes
and that isa conflict of.interest because he was the resident agent.for {l
cigar store. There have been numerous issues about the gove:rn,ment trying
to legislate vapor shops out of business and anyone woo has previously or
is currently in business and or has been a resident agent for cigar or
cigarette store would definitely have a biased and a prejudiced against

anyone who opened a vapor shop.

I also think it is wrong and a conflict of interest for Honorable Kurtis Loy to
be the resident agent of LOY & SAGEHORN, LLC. And L & T Partnership
where both addresses are 112 W. 4th in Pittsburg Kansas 66762.
It shows on Honorable Loy's Judicial Financial Disclosure Report that he
and his spouse have a partnership at 112 W. 4th in Pittsburg Kansas and the
commercial loan is with Commerce Bank.
Judge Wachter and Judge Fleming would never rule against Loy&
Sagehom & Harding when the address for that law firm is 114 W. 4th in
Pittsburg Kansas where Judge Loy has the building in a partnership and
this is a conflict of interest. Judge Loy and Judge Wachter would never
rule against Kyle Fleming of!!THE FLEMING LAW FIRM" since he is the
husband of Honorable Lori Fleming.
HOW IS ANYONE

IN CRAWFORD

COUNTY SUPPOSE TO GET A FAIR

HEARING UNLESS YOU HAVE WILBERT AND TOWNER, LOY &

SAGEHORN & HARDING, OR THE FLEMING LAW FIRM AS YOUR

A1TORNl3Y?
Iwould greatly appreciate an out of county judge who is unbiased and
does not have conflicts of interests with other judges like Judge Wacther,
Judge Loy, and Judge Fleming have between them and their previous law
firms. Please send all correspondence to Travis Carlton, 1410 N. Smelter,
Pittsburg, Kansas 66762. Please disqualify Honorable Loy from this case in
accordance to Ru1e 2.11(A) of the RULES RELATING TO JUDICIAL
CONDUCT.
SincerelYr
Travis Carlton
Travis Carlton
1410 N. Smelter

Pittsburg Kansas 66'762

~tate of ]kansas

Qtolnmission on 11utnnal ~ualifications

301

KANSAS JUDICIAL CENTER

SW TENTH AVE., ROOM 374
TOPEKA, KANSAS 66612
785-296-2913
judicialqual@l<scourts.org

Why ~Dt'~

Ie-Wi'
PANEL A
CHAIR:
William B. Swearer
Lawyer Member
VICE-CHAIR;
Christina M. Pannbacl<er
Lay Member
Nancy S. Anstaett
Lawyer Member
J. Patricl< Brazil
Judge Member
Brenda Cameron
Judge Member
Mary Thrower
Judge Me=bc1:
Valdenia C. Winn
Lay Member

mY': CAt--!1-tJif\.

(Vo'fV\

YO-if)'"

'3~~ q J-~(Iue",-+

c().~if')*-t.

August 18,2014

Travis Carlton
1410 N. Smelter
Pittsburg, Kansas 66762
Re:

Your complaint against District Judge Kurtis 1. Loy

Dear Mr. Carlton:

The Commission met August 1, 2014 at which time the above-captioned
complaint was considered.
It was the decision of the Commission that, based on present showing, your
complaint contained no facts evidencing judicial misconduct as defined in the Code of
Judicial Conduct.
Thank you for bringing your concerns to the attention of the Commission.
This matter is now closed.
Sincerely,

SECRETARY;
Heather 1. Smith

William B. Swearer,
Chair
mm

~tat of 1k.ansu%

QCommissionon 31uhidal cmttaIifications

KANSAS JUDICIAL CENTER

301 SWTENTHAVE., ROOM 374

TOPEKA, KANSAS 66612

7852962913
judicialqual@ l~scourts.org

August 18,2014
fI'iEMBERS OF

PANEL A
CHAIR:

WilliamE. Swearer
Lawyer Member

VICE CHAIR:
Christina M. Pann1acker
Lay Member

Honorable Kurtis 1. Loy

Crawford County Judicial Center
602 N. Locust
Pittsburg, Kansas "66762
Re:

Complaint filed "byTravis Carlton

Dear Judge Loy:

Nancy S. Anstaett

Lawyer Member

1- Patricl~ Era2;il
Judge Member

The Commission met August 1, 2014 at which time the above-captioned

complaint was considered. See attached. It was the decision of the Commission that,
based on present showing, the complaint contained no facts evidencing judicial
misconduct as defined in the Code of Judicial Conduct.

Brenda Cameron

Judge Member
Hary Thrower
Judge Memher
Valdenia C. Winn
Lay Member

SECRETARY;
Heather L. Smith

While this complaint is sent fgr your information only, the Commission
thought it may be helpful for you to review the JudIcial Ethics Advisory"Opinions at
www.kscourts.org and the articles which related to situations a new judge may
encounter, including how to wind up a law practice, which were sent to you on
September 23,2013;
Sincerely,

KAl'lSAS DISTRICT COURT

Eleventh Judicial District
Chambers of

Crawford County Judicial Center

Clerk of the Court

KURTIS I. LOY

602 North Locust

Pittsburg, Kansas 66762
(620) 231-3570
(620) 231-0584 FAX

Pamela Hicks
(620) 231-0380

District Judge

Administrative Assistants
Mary Ann Forsythe
Elaine Bradshaw

Court Administrator
Mac Young
(620) 231-0310

August 21, 2014

The Hon. A.J. Wachter
Chief Judge, ~1th Judicial District
602 N. Locust
Pittsburg, KS 66762
Re: Travis Carlton, et.al. v. Toby Miller Case No. 2014CV7P
Dear Judge Wachter:
I am forwarding to you a letter from The Commission on Judicial Qualifications dated
August 18, 2014, with an enclosed complaint filed July 18, 2014 from Travis Carlton, a pro se
litigant in the above referenced case.
Although this was filed as a complaint after reading the complaint filed by Mr. Carlton, it
appears this is actually more in the form of a Motion to Disqualify Judge.
I do not believe that I have any bias or prejudice against Mr. Carlton, but I would like to
present this complaint or motion to you for consideration.
I do not necessarily agree with the statements of Mr. Carlton where Mr. Carlton states:
"Honorable Loy stated at our case management conference that usually in cases like this if both
parties had an attorney this case would already be settled. Judge Loy said that he could set up a
mediation between myself and Toby Miller and Vapor Stop with Honorable AJ Wachter and
Honorable Lori Fleming." While I regularly encourage settlement of cases, mediation would
have been on a voluntary basis with a mediator that was agreeable to all parties concerned. I do
agree to facilitate or make arrangements with one of the local judges for mediation if all parties
agree. That was apparently a miscommunication or misunderstanding between Mr. Carlton and
myself.
Washington's Cigar Store, Inc., was in operation from June 1987 until August 1990, and
the corporate charter was kept alive through December 1996. Washington's Cigar Store, Inc.,
was located at 114 W. 4th St., Pittsburg, KS, an address which no longer exists. The case that

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 Iam not opposed to the use or
sale of vapor cigars or vapor cigarettes.
I was sworn in as a District Court Judge in October, 2013. I am aware that there remain a
few instances where my name is still listed as resident agent for various corporations I formerly
assisted while in the private practice of law. Those are all being wound down and as the new
annual reports are filed the new resident agent is listed on the records of the Kansas.Secretary of
State. I am not involved with my wife in a partnership located at 112 W. 4th St. in Pittsburg. My
wife and Ihold ownership of the commercial building located at 112 W. 4th St. in Pittsburg
within a Kansas partnership. Ido not accept assignment of cases involving my former law
partner.
While I do believe I am 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
Ene.

1r~

IN THE

'ti

fC'"

DIJ;RI~tbukf

Travis Carlton, Scott COfl}rcu;.UG29

and Bekah Harlan,
vs.
Toby Miller,

r's
OF CRAWFORD

COUNTY, .KA..NSAS

P10 :12
Plaintiffs;

CL ERK OF DtS T. cou~;

CRAWFORD COLHl r '(
8Y
._.

Case No. 2014 CV 7 P

Defendant.

ORDER
The judge assigned to the above captioned case, Kurtis 1. Loy, presented the attached
letter to me August 21S\ 2014. The letter of Travis Carlton to the Commission on Judicial
Qualifications referenced in Judge Loy's letter to me is also attached.
Judge Lay construed Mr. Carlton's letter as a motion to disqualify Judge Loy as the judge
assigned to the above litigation, and as such forwarded it to me as Chief Judge.
The procedure to disqualify ajudge is set forth in K.S.A. 20-311d. To the extent that Mr.
Carlton intended his letter to be a motion to disqualify Judge Loy, I find that it does not comply
with the requirements of K.S.A. 20-311d for various reasons, one of which is that it does not
contain any averments of the author.
If Mr. 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. 20-31ld (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)(1)); that Judge Loy is related to any party (K.S.A. 2031ld (c)(3)); or, that Judge Loy is a material witness in the action (K.S.A. 20-31ld (c)(4)). The
remaining allegations of the Carlton letter furnish no basis for concluding that Judge Lay has an
interest in the litigation (K.S.A. 20-311d (c)(2)) or that Judge Lay has a personal bias or
prejudice or interest in the action that would prevent any of the parties from obtaining a fair and
impartial trial (K.S.A. 20-311d (c)(5)) ..
Accordingly, to the extent that Mr. Carlton's letter constitutes a motion to recuse Judge
Lay from the above captioned litigation, such motion is denied for the reasons set forth herein.
It is so Ordered.

A.J. Wachter
District Judge

Copy to:
Hon. Kurtis 1. 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
CERTIFICATE

Scott Cochran
709 W. 8th
Pittsburg, KS 66762

OF SERVICE

I hereby certify that a true and correct copy of the above and foregoing document was
deposited in the United States Mail, postage prepaid and properly addressed to the above party or
parties on the
day of
,2014.

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Jt.dge Donald R. Noland receives retirement gifts - Gate House

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Tnn MORKIKG

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By NIKKI PATRICK

March 31. 2012 12:0lAM

Judge Donald R. Noland receives retirement gifts

If the Honorable Donald R. Noland wants to rock, he can do it in the new rocking chair presented to him Friday by representatives

from the Crawford County

Bar Association.
If the Honorable Donald R. Noland wants to rock, he can do it in the new rocking chair presented to him Friday by representatives
from the Crawford County Bar Association.
The gift was made during a reception in recognition of his retirement as district court judge, nth Judicial District.
The retiring judge also received a framed certificate from the Kansas Supreme Court, presented by Justice Lee A Johnson.
A Pittsburg State University graduate who obtained his juris doctor from Washburn University, Noland practiced law from 1976
until he was appointed as a judge in 1991.
The Hon, AJ. Wachter noted that, in "The Godfather" movie, the heads of the various crime families attended the funeral of Mafia
don Vito Corleone not so much out of res~t but to besure that he was dead.
"We are here because we have come to respect our Don as a jurist, citizen and consummate gentleman," Wachter said. "He can
explain to us how many bass or other species of fish he;~ing
to catch in his retirement or whether his wife and his Harley will be
able to withstand it."
Attorneys Steve Angermayer and Mark Fern represented the Crawford County Bar Association.

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"I have referred to Judge Noland as 'Judge Search Engine," Fern said. "We would say, 'Judge, 1 have this case,' and he would say, 'Come on in,' and he'd have
that case. What we will miss is that preparedness. Judge Noland is always just a little bit better prepared than you are. For the past three years, since he's talked
about retiring, I've tried to talk him out of it. "
Angermayer has appreciated Noland's approachability, and credited the judge with playing a big part in shaping his career.

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"I was introduced to Judge Noland, and two days later 1was at his house watching pro wrestling," he said.
When it was his turn to speak, Noland handed out praise of rnSown.
"This part of the state has been blessed with judges so good to work with, good hard-working, fair judges," he said. "I also want to thank the clerks in Girard.
The attorneys know that the clerks run the court. I have truly enjoyed working with the attorneys. Our attorneys here stack up against the best attorneys in the
state."
The retiring judge was most gratified by his work with the Juvenile Court, wbich works to reunite families when appropriate.
"That's where you have the chance to do the most good," Noland said. "Kansas has a fundamentally good system and we have a good team with the guardian ad
litem, SRS, TFI and the PSU Truancy Council. I will miss the glow you get, the sense of satisfaction you get at putting a family back together."
He also asked if there were any foster parents present at the reception.
"1want to single out my heroes, " Noland said. "Foster parents are the bedrock of the child care program in Kansas."
He also decided to step up on his soap box one more time to speak on an issue that troubles him deeply. Noland said that an independent judicial system is
crucial to a functioning democracy.
"We must strive against attempts to compromise judicial independence and attempts to introduce politics into the selection process," Noland said. "I don't
mean this to be a downer, but it is so important. We will all pay for it, if not in our lifetime, in our children's lifetime."

712412015

GUEST COLUMN: Courts' merit selection prevents 'zoo' - Gate House

TIlE MORKIKG
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By Judge Donald Noland

January

30.2013

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12:0lAM

GUEST COLUMN: Courts' merit selection prevents 'zoo'

As most Kansans are by now aware, Gov. Brownback and certain legislators are attempting to change the way appellate court judges are selected. The present
method is termed "merit selection" and has existed since 1958.
As most Kansans are by now aware, Gov. Brownback and certain legislators are attempting to change the way appellate court judges are selected. The present
method is termed "merit selection" and has existed since 1958. Under the merit selection method, all applicants are thoroughly interviewed and vetted by a
nonpartisan state-wide committee in an open forum. The committee then selects the three most qualified applicants, whose names are submitted to the
governor for appointment of the most deserving of the three as determined by the governor.
Merit selection was wisely introduced by the Legislature to eliminate politics in the selection of judges and to insure that only the best qualified candidates were
appointed. This process has worked very well and Kansas is consequently blessed with a quality appellate court system which has become a model for the entire
country. Becanse of merit selection, Kansas appellate judges are able to make decisions based on the rule of law rather than with an eye toward politics.
However, the governor and certain others are seeking to abolish merit selection and replace it with the process used in Washington. Under this system, the
governor would submit his personally chosen nominee to the Kansas Senate for confirmation. Consequently, the "zoo" that we witness in Washington when a
nominee to the U.S. Supreme Court goes through confirmation would likewise be seen in Topeka. Partisan politics, in all its ugliness, would no doubt rule the
confirmation hearings.
This proposed change to the selection process is extremely disturbing. It means that judges would no longer be chosen based upon what they kknow, but rather
who they know and whether they possessed the "correct" political philosophy.
Because of the infusion of politics into the process, courts would inevitably become more political and less independent. An independent judiciary is absolutely
vital in a healthy constitutional democracy.
The elimination of merit selection would also result in a gradual reduction in the quality of Kansas appellate courts because there would be no vetting of
candidates by a neutral committee. Rather, nominees chosen by the governor would be selected based upon political considerations rather than merit.
This important issue transcends party politics; all Kansans, whether Republican or Democrat, deserve judges whose sole loyalty is to the rule of law and not to
politics. This issue has far-reaching consequences and, frankly, Kansans deserve better than this.
In the final analysis, this proposed change represents an attempt by certain Topeka extremists to inject their own brand of governance upon Kansas courts.
Please do not let this occur. Consider contacting our elected state officials in Topeka and instruct them to oppose any change in the way in which appellate
judges are selected.
The Hon. Don Noland is a retiredjudqe from the ntn District Court. He resides in Pittsburg.

http://www.momingsun.netlarticle/20130130INewsl301309791

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