~f~fj ,. ~ f;(~~. ,\.,?,,"",-

. IN THE D1stRIg.J~l~OF CRA]FORD COUNTY, KANSASTravis Carlton, Scott COflv~UG 29 Al0 :12and Bekah Harlan, t:i ERK 0r 0 1ST. COV" , PI aintiffs,vs. CRAWFOiiO COU~j i 'r' lase No. 20]4 CV 7 P

Toby Miller, 8 Y ------.-. - -' Defendant.

ORDER

The judge assigned to the above captioned ca e, Kurtis 1. Loy, presented the attachedletter.to m.eAugust 21st, 2? 14. The lett,er,of Travis Cfrlton to the Commission on JudicialQualifications referenced in Judge Loy s letter to me rs also attached.

Judge Loy construed Mr. Carlton's letter as a motion to disqualify Judge Loy as the judgeassigned to the above litigation, and as such forwarde'd it to me as Chief Judge.

The procedure to disqualify ajudge is set foJ in K.SA 20-31Id. To the extent that Mr.Carlton intended his letter to be a motion to disqualify Judge Loy, I find that it does not complywith the requirements ofK.S.A. 20-311d for various reasons, one of which is that it does notcontain any averments of the author.

IfMr. Carlton's letter did comply with the requirements ofK.S.A. 20-311d, I would berequired to determine the legal sufficiency of the allegations (K.S.A. 20-311d (c)). However, theallegations of the Carlton letter do not suggest that Judge Loy served a prior counsel for anyparty to the litigation (K.S.A. 20-311d (c)(l)); that J idge Loy is related to any party (K.S.A. 20-311d (c)(3)); or, that Judge Loy is a material witness in the action (K.S.A. 20-311d (c)(4)). Theremaining allegations of the Carlton letter furnish no basis for concluding that Judge Loy has aninterest in the litigation (K.S.A. 20-311d (c)(2)) or that Judge Loy has a personal bias orprejudice or interest in the action that would prevent lany of the parties from obtaining a fair andimpartial trial (K.S.A. 20-311 d (c)(5)).

Accordingly, to the extent that Mr. Carlton's etter constitutes a motion to recuse JudgeLoy from the above captioned litigation, such motio is denied for the reasons set forth herein.

It is so Ordered.

I A1uJatf~AJ. WachterDistrict Judge

Bekah HarlanP.O. Box 84Opolis, KS 66760

Toby MillerVapor Stop LLC2530 MainParsons, KS 67357

Scott Cochran709 W. 8th

Pittsburg, KS 66762

Copy to:

Hon. Kurtis I. LoyDistrict Judge602 N. LocustPittsburg, KS 66762

Travis Carlton1410 N. SmelterPittsburg, KS 66762

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy 0 .the above and foregoing document wasdeposited in the United States Mail, postage prepaid tnd properly addressed to the above party orparties on the 5(q day of CU'gA,[n;:e I, 2014.

KANSAS DISTRICT CURTEleventh Judicial Disttict

Chambers ofKURTIS I. LOYDistrict Judge

Administrative AssistantsMary Ann ForsytheElaine Bradshaw

Crawford County Judicial enter602 North Locust

Pittsburg, Kansas 667 I 2(620) 231-3570 I

(620) 231-0584 FAX

I

Clerk of the CourtPamela Hicks

(620) 231-0380Court Administrator

Mac Young(620) 231-0310

IAugust 21,2014

The Hon. AJ. WachterChief Judge, 11th Judicial District602 N. LocustPittsburg, KS 66762

Re: Travis Carlton, et.al. v. Toby Miller Case No. 2014CV7PI

Dear Judge Wachter: II am forwarding to you a letter from The colission on Judicial Qualifications dated

August 18, 2014, with an enclosed complaint filed Ju y 18, 2014 from Travis Carlton, a pro selitigant in the above referenced case.

Although this was filed as a complaint after reading the complaint filed by Mr. Carlton, itappears this is actually more in the form of a Motion fO Disqualify Judge.

I do not believe that I have any bias or prejudice against Mr. Carlton, but I would like topresent this complaint or motion to you for consideration.

I do not necessarily agree with the statements/ofMr. Carlton where Mr. Carlton states:"Honorable Lay stated at our case management conference that usually in cases like this if bothparties had an attorney this case would already be setfled. Judge Loy said that he could set up amediation between myself and Toby Miller and Vapor Stop with Honorable AJ Wachter andHonorable Lori Fleming." While I regularly encourJge settlement of cases, mediation wouldhave been on a voluntary basis with a mediator that fas agreeable to all parties concerned. I doagree to facilitate or make arrangements with one of the local judges for mediation if all partiesagree. That was apparently a miscommunication or misunderstanding between Mr. Carlton andmyself.

Washington's Cigar Store, Inc., was in opera ion from June 1987 until August 1990, andthe corporate charter was kept alive through Decem er 1996. Washington's Cigar Store, Inc.,was located at 114 W. 4thSt., Pittsburg, KS, an addrJss 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 theuse or nonuse of vapor cigars or vapor cigarettes. For the record I am not opposed to the use orsale of vapor cigars or vapor cigarettes.

I was sworn in as a District Court Judge in Oc ober, 2013. I am aware that there remain afew instances where my name is still listed as resident agent for various corporations Iformerlyassisted while in the private practice of law. Those arJ all being wound down and as the newannual reports are filed the new resident agent is liste~ on the records of the Kansas .Secretary ofState. I am not involved with my wife in a partnershif located at 112 W. 4th St. in Pittsburg. Mywife and I hold ownership of the commercial buildin~ located at 112 W. 4th St. in Pittsburgwithin a Kansas partnership. Ido not accept assignment of cases involving my former lawpartner. I .

While Ido believe Iam neither biased nor prejudiced concerning the parties to thislitigation or any attorneys which may become involved in the future I am forwarding this letterand complaint to your attention for proper handling.

KIL:maf

Enc.

MEMBERS OrPANEL A

CHAIR:William B. SwearerLawyer Member

VICE-CHAIR:Christina M. PannbaclzerLay Member

Nancy S. AnstaettLawyer Member

J. Patriclz BrazilJudge Member

Brenda CameronJudge Member

Mary ThrowerJudge Member

Valdenia C. WinnLay Member

SECRETARY:Heather L. Smith

~tate of ]kamsas

QCommissioll on jJ ubida," ~ualificationsKANSAS JUDICIAL Ca,TTER

301 SWTENTHAVE., /ROOM 374TOPEKA, KAi"l"SAS166612

785-296-29Hjudicialqual@bco+ts.org

August 18, 2014

Honorable Kurtis 1. LoyCrawford County Judicial Center602 N. LocustPittsburg, Kansas 66762

Re: Complaint filed by Travis C rlton

Dear Judge Loy:

The Commission met August 1, 2014 at which time the above-captionedcomplaint was considered. See attached. It was the decision of the Commission that,based on present showing, the cpmplaint contained no facts evidencing judicialmisconduct as defined in the Code of Judicial Conduct.

While this complaint is sent for your information only, the Commissionthought it may be helpful for you to review the Judicial Ethics Advisory Opinions atw'Nw.kscoUlis.org and the articles which related to situations a new judge may

Iencounter, including how to Win, up a law practice, which were sent to you onSeptember 23,2013;

Sined ely,#"+~~William B. Swearer,Chai

mmEnclosure

RECEIVt:D

C t\'!i!'1\','~IUi 1 8 2014TIllS COMPLAINT IS AGAINST HONOLBLE Kurt Loy CrawMJIifAL-Q:''''FiC':::: 'cCounty 11th Judicial District Judge. Case I umber 2014CV7P TravisCarlton et al, vs. Toby Miller and Vapor Stop,

I would like to make a complaint against Crawford County District JudgeHonorable Kurt Lay. He has been assigned to be the judge in case number2014CV7P. Ihad a hearing in this case w~ere Iam Pro Se and the attorneyfor Mr. Toby Miller is Troy Unruh from ilbert & Towner in PittsburgKansas.

Honorable Loy stated at our case management conference that usually illcases like this if both parties had an attorney this case would already bysettled. Judge Loy said that he could set tip a mediation between myselfand Toby Miller and Vapor Stop with Ho I orable A.J. Wachter andHonorable Lori Fleming.

Both Honorable Wachter and Honorable ~leming were previouslyemp~oyed at Wilbert & Towner. Icould nfve: geta fa.irmediator.when themediators used to be employed by the Lair FIrm that IS representing Mr.Miller and Vapor Stop.

It also shows on the Secretary of States we sites for resident agents thatHonorable Kurtis Lay was the resident agbnt for "WASIllNGTQN'SCIGAR STORE, INC.". The case that I filed has to do with vapor cigarettesand that is a conflict of.interest because h~ W,", the resident agentfor acigar store. There have been numerous isrues about the govern.ment tryingto legislate vapor shops out of business and anyone who has previously oris currently in business and or has been a }esident agent for a cigar orcigarette store would definitely have a biJsed and a prejudiced againstanyone who opened a vapor shop.

I also think it is wrong and a conflict of interest for Honorable Kurtis Loy tobe the resident agent of LOY & SAGEHOT' LLC. And L & T Partnershipwhere both addresses are 112 W. 4th in Pittsburg Kansas 66762.

It shows on Honorable Lay's Judicial FinaLial Disclosure Report that heI

and his spouse have a partnership at 1121. 4th in Pittsburg Kansas and thecommercia11oan is with Commerce Bank.

Judge Wachter and Judge Fleming would ever rule against Loy&Sagehom & Harding when the address fa that law firm is 114,W. 4th inPittsburg Kansas where Judge Loy has the building ina partnership andthis is a conflict of interest. Judge Lay and Judge Wachter would never

Irule against Kyle Fleming of liTHE FLEMING LAW FIRM"" since he is thehusband of Honorable Lori Fleming. I

HOW IS ANYONE IN CRAWFORD CO~ SUPPOSE TO GETA FAIRHEARING UNLESS YOU HAVBWILBE~T AND TOWNER"LOY &SAGEHORN & HARDING, OR THE FLE[I G LAW FIRM'AS YOURATTORNEY?

I would greatly appreciate an out of count judge who is unbiased anddoes not have conflicts of interests with other judges like Judge Wacther,Judge Loy, and Judge Fleming have betwJen them and their previous law

Ifirms. Please send all correspondence to Travis Carlton, 1410N~Smelter,Pittsburg, Kansas 66762. Please disqualif~ Honorable Loy from this case inaccordance to Rule 2.11(A) of the RULES RELATING TO JUDICIALCONDUCT.

Travis Carlton

Sincerely,

Travis Carlton

1410N. Smelter

Pittsburg Kansas 66/62

JUDICLAL FINA.L~CIAL

DISCLOSURE REPORT

A UN: FI~A:r-:Cli\,L D.ISCLOSURE REPOR'J1NG301 SW 10m AVE.,RQOM,37-+

TOPEK. ., KANSAS 66612

785-2%-2913 judicialqual@kscOul\S,org=~TI

CALENDAR YEAR 2013.I

REPORT REQUIRED BY SUPREMECTURT RULE 60 lB RELATING TOJUDICIAL CO;>lOUcrC\l\ON 3. RULE 3. ',rB"! 12013 KAN. CT. R. ANt'OT. 748) JU.:

The instructions accompanying this form are a gui~c to be followed in preparing your annualfinancial disclosure report. Please read the instructions and review Supreme Court Rule 601B,Rules 3.12, 3.13, 3.14, and 3.15 and their Comments (2013 Kan. CL R. Annot, 754-758) beforecompleting this form. . IComplete all pans, checking "NONE" wherever you have no reportable infonnarion, This. reportmust be:.typed, and an on-line fillable form is available at www.kscourts.org. Completed andsigned reports may he submitted by U.S. mail to th address reflected above or may be scannedand submitted by e-mail to judicialqual@kscourts.org, ON OR BEFORE .ApRrL 15.2014.I .

Kurtis I; Loy Crawfordjudge Rq,vninJ;- Fulll\amc- I

Eleventh Judicial District

County DC City

Crawford County District COilU. Div. 5,

602 N. Locust, Pittsburg, KS. 66762 620-231-3570City, SI.tlC. Zip Code Telephone Number

Type ofJudge(Chd.:on~j: __ Supreme Court _'-_ Court of Apoeals~ District District Magistrate Senior__ Pro Tempore I _ MUtlicipal:- 0 Full-Time W Part-Time

II. COMPENSATION [reporting individual (I); and spouse (S) or domestic partner (DP); for

Honoraria, reporting individual (1) only; see Section I of Instructions and Rule 3. J 5(A){1 ).}

___ NONE (No reportable Compensation)

Dare

Jan-Dec., 20]3l311-Dec., 2013Nov-Dec., 2013

Name of Pavor Pavcc (I.S,DP)

Loy & Sagehorn, LLC 1Coldwell Banker SLay, Sagehorn & Harding,LLC I

Farmer Law PracticeRealtorFormer Law Practice

Nature of Activitv

~,~.,-............ -,

, ",\

CD i\ }- ;' 0'1,lc> '1()LI ~ t, ~ b v lt;.,;" ,\ I", , - j I I .J.JA. I t

\ \ I--~~:~I~r~kfU'. FOR + C'1'201.3 i Page 1

n. fEES AND COl\lMISSIONS [reporting in ividual (I) and spouse (S) or domestic partner CDP);see Section ITof Instructions and Rule 3.15(;-\)(2).]

~ NONe (No reportable Fees and commiSSirS)

"-'~~"Je}d~/~

Jlk~ 'c..Vp-1 v eel> t1l)~

dv~ Ill. OWNERSHIP INTERESTS [reporting ilrdivldual (D, spouse (S) or domestic partner (DP),. If> (.,.. L dependent child or dependent step child (Dq; see Section HI of Instructions and Rule 3.15(A)(3),]"W'~6" I~;J.l __ NONE (No reportable Ownership Interest)

A Bu.";"",, Name and Address TYpe ofB",1""~ ~ (Lisi address only if nor publicly traded) I

e--, L & T Partnership Commercial Bldg. Rental112 W. 4thPittsburg; KS. 66762

P;)vce (L S. Dr)

Held by Whom(L S. DP.Dc)C~

Farm - Crawford Cry, Ks.

T.D. Ameritrade Brokerage

Owner [,S

IRA J

IV. GIFTS. LOk""lS, BEQUESTS, BENEFITS . OR OTHER THINGS OF VALUE [reportingindividual (I), spouse (S) or domestic partner (DP), dependent child or dependent step child (DC);see Section IV of Instructions and Rules 3.11 and 3.15(4).]

~ NONE (No reportable Gifts. LOWlS, Bequests, Benefits, or Dther Things of Value)

Date Donor Recipient crJS,DP.OC) Description

FDR. C1'2013 I P"ge 2

V. POSITIONS [reporting individual (I) only; see Section V of Instructions and Rule 3. 15(A)(6).]

Name of Business/Organization/Entity Address Position Held

___ NONE (Nothing to report.)

Loy & Sagehorn, LLC I 12 '\\0'. 4th. P ,0. Bo . 8, Pittsburg, KS.Il L & T Partnership ..112 W. 4th, Piusburz, KS. _..;,. Parmer . /''--~ ~"""'-.~--":"'~e;..;:.,~-_";-.?'-~'" ~

St.Petcr's Episcopal Church 306 W. Euclid, PittsrUrg, KS. Clerk.Vestry Member

Stilwell Heritage & EducationalFoundation 7th & Broadway, ptsburg, KS.

1200 SW. Harri.son'jTOpeka, KS.

1200 sw HaITL'OI), Topeka, KS.

Chairman of Foundation Bd ..

Kansas Bar Foundation Trustee

Kansas Bar Assoc. Chairman fee DisputeResolution Committee

YI. LIABILITIES [r~porting illdiYidu~l (1), spousf (S). or domestic partner (DP), dependent child ordependent step child (DC); see Section VI of Instructions and Rule 3.15(A)(7).]

Person Responsible forLiability (l.S,DP.DC)

~ / Comm ercia I loans-~--~~.....,--------1,S

Description

__ NONe (No reportable Liabilitiesi

Creditor

( Commerce BankUniversity Bank Unsecured Loanr.sAmerian Express Revolving charge1.!

.1.,.1 ~

~J

FD.R. CY2013! Page 3

VH. ADDITIONAL INFORt''lATION OR EXPLANATLONS (indicate section oj Report)

Signature ofRcporting JudgJ

FOR. cv 2013 I P"g..,4