complaint against kansas attorney general - derek schmidt, assistant attorney general - stephen...
TRANSCRIPT
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 1/10
Office of the Attorney General's Office
120 SW 10
th
Avenue, 2
nd
Floor
Topeka Kansas 66612
May 7,2016
THISIS ANOUSTERCOMPLAINTUNDERKS.A, 60-1202(1)(2)(4)(5), KS.A. 60-
1205(1)(2)(3),KS.A. 60-1206(a)(b), KS.A. 60-1207 AGAINSTTHE ATTORNEY
GENERAL'SOFFICE, Derek Schmidt, Stephen Phillips, Carrie Barney, and Dennis
Depew
Case Numbers 1SCV7SP, 1SCV79P, lSSC70P, 1SSC71P, and 1SSC8SP in Crawford
County District Court
Dear Investigative Committee:
This is a complaint against attorney's Derek Schmidt, Stephen Phillips, Carrie Barney,
and Dennis Depew at the address of 120 SW 10
th
Avenue, 2ndFloor in Topeka Ks
66612. I signed a grand jury petition in case number lSMR2P at the beginning of
2015 to oust the 11thdistrict court judges and Lori Fleming sent an email to stop an
advertisement on the radio. I sent a complaint to the attorney general's office in June
of 2014 and I never got a response back from this office.
What I find extremely unethical is not only did the attorney general's office never
respond to my complaint but they also chose to represent the same lady I complained
on in case number 15CV79P a class action injunction in Crawford County District
Court who is Lori Fleming. How can the attorney general's office represent public
officials if this is the same place us people are suppose to complain to? The Kansas
Legislature was previously involved in a lawsuit against the district judges
which threatened to challenge the constitutionality of this year's judicial
budget bill which include Larry Solomon chief judge of 30
th
district, Meryl
Wilson chief judge of 21
st
judicial district, Robert Fairchild, chief judge of 7th
judicial district, and Jetfry Jack th iudicial district court judge and I am
confused why The Attorney General's Office defends Jeffry Jack and all the
other judges in case number 15CV79P in Crawford County when the attorney
general's office should have made them retain there own private attorney like
Jeffry Jack had to do on the state's court funding bill case where Jeffry Jack
was represented by private attomey Pedro lrogonegaray
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 2/10
I read a court transcript from April 18, 2016 for case number 15CV79P which
is a class action injunctive case to stop judges in the 11thdistrict from hearing
people's cases who signed the grand jury petition in 15MR2P in the matter of
grand jury petition. I don't understand why the attorney generals officewants
filing restrictions against Kasey King, Eric Muathe, Noah Day, and Travis
Carlton for simply trying to use their constitutional right to freedom of speech
under the 1
st
amendment by starting a grand jury petition and filing a case
that we were all part of. We now have an attorney representing us in federal
court in federal case number 2:16-cv-02108-JAR-GLRgainst Respondents Lori
Flemingand Kurt Loyand the attorney representing us is attorney Adebayo
OgunmenoofOgunmenoLawFirmin K.C.Kswith approximately50peopleand more
to be amended and join fromthe grand jury petition that had their rights violatedby
Kurt Loyand LoriFlemingfor ruining our radio advertisement and callingus posse
comitatus which the attorney general's officechose to ignoreand instead chose to
represent her in case number 15CV79P.
Howcan the attorney generals officeget filingrestrictions for pro se people trying to
filepaperworkwhen the attorney general can't evenfilehis paperwork in the right
casewhich seems frivolousto me?
I
have included the court docket from 15CV75P
that shows that the response filedon 4-11-2016 is in the wrongcase I also don't
understand whya civilchapter 60 is ran together on a transcript with 3 small claims
chapter 61 so Iwouldlikeyou to investigatethat as well. I amalso confusedwhythe
attorney generals officewas allowedto speak for and showup forMyTownMediain
case number 15SC70PNoahDayvs. MyTownMediawhen the casewas expedited
unexpectedlywithout proper notice ofhearing from 1:30p.m. until 10:00a.m. I have
included the court order for case number 15SC70Pto showthat Defnot present is
crossed out meaning Defendant soaccording to the transcript that wouldbeDennis
Depewas the defendant appearing forMyTownMediawhich I feelis usurpation of
powerfromtheir attorney generals office and violates Chapter 75 Article 7 duties
ofAttorney General. Dennis Depew even says to the judge that he would be
happy to prepare the order for case number 15SC70P and Stephen Phillips
says he want to join the case by commenting on 20-311
(f)
which means he
helped represent MyTown Media in their small claims case. To make matters
even worse and more unethical is that it seems that the attorney generals office
and the judge forgot that the court reporter was still typing because they agree
to have an ex-parte conversation off the record so that they can receive the
judges private address but not the plaintiffs in case number 15CV79P,
15SC70P, 15SC71P, and 15SC85P. Please find out why the attorney generals
officewas even in the case of Noah Day vs. MyTown Media 15SC70P when
attorneys are not allowed in small claims court in Kansas. I would like to see
the contract in accordance with KRPCRule 1.5 Fees that they had with My
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 3/10
Town Media to see how much they got paid to show up for them and enlighten
the judge on the case.
The fact that the attorney general's office represented MyTown Media violates
numerous rules of Kansas Rules of Professional Conduct which include KRPC
Rule 1.1 Competence, KRPCRule 1.2(d)(e)Scope of Representation, KRPCRule
1.5 Fees, KRPC Conflict of Interest Rule 1.7, KRPCRule ~.8 Conflict of Interest
Prohibited Transactions, and KRPCRule 1.10(a)(b)(c)(1)(2)(d)Imputed
Disqualification, KRPCRule 1.11 Successive Government and Private
Employment, KRPCRule 1.16(a)(1)(4)Declining Or Terminating Representation
, KRPCRule 2.1 Advisor, KRPCRule 2.2 Intermediary, KRPCRule 3.1
Meritorious Claims and Contentions, KRPCRule 3.3 Candor Toward The
Tribunal, KRPCRule 3.4 Fairness To Opposing Party and Counsel, KRPCRule
3.5(c)(1)(2)(3)(4)(d)Impartiality and Decorum ofThe Tribunal, KRPCRule 4.4
Respect For Rights of Third Person, KRPCRule 5.1 Responsibilities of a Partner
or Supervisory Lawyer, KRPCRule 5.5(a) Unauthorized Practice of law, KRPC
Rule 8.3(a)(b) Reporting Professional Misconduct, KRPC(a)(b)(c)(d)(e)(f)(g).he
attorney General's office has violated Chapter 75 Article 7 duties ofAttorney
General by representing MyTown Media in case number 15SC70P when they
should have had to show up for court themselves and enlighten the judge on
the case themselves without an attorney.
Please find out why the attorney generals office is choosing to not do their
public duties and instead representing private corporations in small claims
court.
~~§Jc ~
ThomasWalters
213 E.
Carlton
Pittsburg Ks66762
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 4/10
IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS
ELEVENTH JUDICIAL DISTRICT
SITTING IN PITTSBURG
PLAINTIFF
N oah Ian
Day
PO Box 224
Pittsburg, KS 66762
Vs
FI
'.,-
• • ~~<~ • .~
l
Case No 201S SC 000070 P
1 6 A P R 1 8
P
1 : , 3 7
DEFENDANT
M y
Town Media
250 N W ater Suite 3 00
Wichita, KS 67202
J
I
JOURNAL ENTRYOFJUDGMENT
~EAL IME FOURTEEN DAYSAFTER JUDGMENT
On this
I
g .ay of 2 _ 1 _ 6 _ this action comes on for trial. The court finds that each
person against wbomjudg nt is entered has been properly served with summons or process herein and
that this court has jurisdiction to enter the judgment requested.
Whereupon, the court finds that judgment should be entered: Y :
by
reason of default of said
Defendant(s) by agreement of the parties; by trial of the issues herein.
Witnesses for Plaintiff Witnesses for Defendant
JUDGMENT IS ENTERED AS FOLLOWS:
RECOVERY
OF
MONEY:
Judgment for Plaintiff
________ for the principal balance of
$
0 r with interest at
___ per annum to date of judgment and costs. Principal balance s all bear interest at
per annum from this date until payment in full.
DISMISSAL: On motion of plaintiff, the action is dismissed - x with __ without
prejudice.
APPEAL ADVISORY:
OTHER: ~S ~~~~~~~~~~~~~~~~~~~~ur
The judgment creditor in this case is the party or parties to whom money is owed and the judgment
debtor is the party or parties who owe money. If this judgment has not been paid within 14 days of the
date of this judgment, the judgment creditor shall mail a copy of this judgment form by certified mail to the
judgment debtor together with the statement of assets.
Within 30 days of receiving the statement of assets form, unless the judgment has been paid, the
judgment debtor shall complete the statement of assets form and return it t the Clerk of Di ict Court.
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 5/10
Date: 4 25 2 16
Time: 08: 13 AM
Page 1 of 1
Crawford County Dist ri ct Cour t Pi ttsburg
ROA Report
Case: 2015-CV-000075-P
Current Judge: Kurtis 1 Loy
Two Big Fish LLC, et al
use
AKCC Management LLC vs.
Date
Other Contract
Judge
7 15 2 15
Kurtis I Lay
8 14 2 15
8 27 2 15
8 28 2 15
8 31 2 15
9 41 2 15
10/29/2015
12 17 2 15
3 2412 16
* 4 11 2 16
Petition Filed
Document ID Number: 286123
2 Request For Personal Service
Document ID Number: 286124
2 Summons Issued Back to Attny for Service
Document 10 Number: 286125
Clerks Order For Addit ional Time to Answer Or Plead to Petition
Document
10
Number:
289498
Answer
Document 10 Number: 291036
Email Sent Date: 8 28 2 15 11:31 am To: [email protected] File
Attached: ANSWER.pdf Name of Document: Answer
Notice of Case Management Conference
Document
10
Number: 291264
Hearing Scheduled (Case Management Conference 1 26 2 15 2 :3
PM)
Answer To Counterclaim
Document
10
Number: 291787
Hearing Scheduled (pretrial Conference 4 27 2 1611; AM)
Hearing Scheduled (Court Trial 5 19 2 16 9: AM)
Scheduling Order
Document
10
Number: 297689
Notice of Service of Discovery Requests Kurtis I Loy
Document
10
Number: 302779
Notice of Service of Discovery Requests Kurtis I Loy
Document 10 Number: 302780
Email Sent Date: 3 24 2 16 3 :44 pm To: [email protected] File Kurtis I Loy
Attached: SCHEDULINGORDER.pdf Name of Document: Scheduling
Order
Response of Defendants Lay Wachter Fleming Fleming Jack Lynch Kurtis I Lay _\/),.
Russell Smith Sanders Hazlett Grillot and Schmidt to Plaintiffs Three Motian f -
Document ID Number: 314226
Kurtis 1Lay
Kurtis I Loy
Kurtis I Loy
Kurtis I Lay
Kurtis I Lay
Kurtis I Lay
Kurtis I Loy
Kurtis I Lay
Kurtis I Lay
Kurtis I Lay
Kurtis I Lay
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 6/10
- • _ o . .>. . .:
_ . 0 · .. .
o · : , - ;;: . - . •. . ~
O _ ~
I
--;:..........--~
-
-
~
1
1
I N THE DI STRI CT - : ~] ? TF CRAWFORD COUNTY, KANSAS
2
ERI C M MUATHE, et a~. , )
F~a. : : : : I : i f f s ,
)
vs .
)
HONORABLE KURTI S LOY, e~ al . , )
)
Def endant s. )
NOAH I AN DAY, )
)
Pl ai nt i f f , )
)
vs .
)
MY TOWN HEDI A, )
)
Def endant . )
NOAH I AN DAY, )
)
Pl ai nt i f f , )
)
vs .
LORI FLEHI NG, )
)
Def endant . )
NOAH DAY, )
Pl ai nt i f f , )
)
vs .
)
LORI FLEHI NG, )
)
Def endant . )
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
TRANSCRI PT OF HOT I ONS
CASE NO. 15CV7
CASE NO. 15SC70P
CASE NO. 15SC71P
CASE NO. 15SC85P
PROCEEDI NGS had bef or e t he Honor abl e
22
J ACK BURR, Seni or J udge, assi gned t o t he Di st r i ct
23
Cour t of Cr awf or d Count y, Kansas, at Pi t t sbur g,
24
Kansas, on t he 18t h day of Apr i l , 2016.
25
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 7/10
1
2
3
4
5
6
7
8
9
;~
~O
nor have I hear d ~=~~~: ~;
5
MR. PHI LLI PS: ~e gs~ a l et t er l ast Thur sday,
Fri day, sayi ng so~e~~: ~; ~~0~t t hey want ed a
~ - ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
cont i nuance.
THE COURT: Yeat , = g=~ a mot i on t o cont i nue but
si nce I al r eady had t ~~s - - ~t i s t r i p pl anned and I
have not been down her e en ~~ese cases, I deci ded t o
come down and see what happened. And my quest i ons, I
guess, si nce I don t have t he pl ai nt i f f s her e, i f - -
and cor r ect me i f I m wr ong, I cur rentl y have a mot i on
on f i l e by bot h par t i es t o di sm ss.
.
2
3
-
-:
~,
-
-
-
::
;
.,
I al so have a mot i on by t he pl ai nt i f f s aski ng t o
di sm ss t he mot i on t o di sm ss on t hei r behal f . I have
a r esponse t o t he mot i on t o di sm ss by t he pl ai nt i f f s ,
by you, I bel i eve, Mr . Phi l l i ps, i ndi cat i ng t hat you
don t - - i t has al r eady been di sm ssed i n your
opi ni on, but you want t o t al k about sanct i ons; i s t hat
correct?
MR. PHI LLI PS: Yes, J udge, and t hen t hey moved t o
r ei nst at e i t . They f i l ed t hei r 60- 241 mot i on t o
di sm ss, t hen when I opposed i t t hey sai d we want t o
r ei nst at e i t .
THE COURT: No, = under st and t hat . And i t
appear ed t o me t he~~ r easoni ng i n t hat r esponse was we
don t want any sanc~~cns. We don t m nd t he
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 8/10
• •• ,. J..H.LLll.JJ.J: ;): - -
.:'_eed t o do a Rul e 170 j our n
7; . : . - : r y,udge?
THE COURT: I - : : : : - . . : . _: :- ~-es, I do want you t o do
j ournal entry
~~~~k
under t he
: : : ~cumst ances, a Rul e ~r : caDl y woul d be t he way
MR. PHI LLI PS: Yes, si r .
THE COURT: And you can f orwar d t hat t o me at -
; ~~babl ybet ter f orwar d i t t o my house, t hat way - -
: ~ at t he cour t house i n Goodl and reasonabl y regul ar
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ~
= m not t her e al l t he t i me. And my addr ess i s -
~R. PHI LLI PS: How about we do t hat l at er of f t
- - - - - - - - - - - - - - - - - - - - - - -
~
~EE
COURT: That s f i ne, I w l l gi ve i t t o you.
: £ L < PHI LLI PS: Okay.
: HE COURT: I w l l l et you know. I want t o ask
=: ~; ~~
uest i ons of Mr . Depew, i s i t ?
~.:=R. DEPEW Yes, si r .
~HE COURT: Yeah . I know t hese ar e schedul ed f
. =. ::: : 5 af t er noon but I m not sur e we ar e goi ng t o be
~_e
LO
do anythi ng t hi s af t er noon anyway. Have you
~~~~d anythi ng on ei t her of t hese smal l cl ai ms cases
iR. DEPEW I have had phone cal l s w t h Mr . Day
~~: i s t he pl ai nt i f f .
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 9/10
1
lnOlCdLI::: U
l..HCl. •... __ ---_ -.
2
shoul d say, and -
1_ ;:; :;: : :: _:;
-:'0 not e a di sm ssal .
3
We w l l pr oceec.
. ..
_
4
~ ~wo c as es t hat
R. DEPEW
5
THE COURT;
6
-
-
MR. DEPEW
7 af t er noon
8
THE COURT:
Year : .
MR. DEPEW
--
ar e No ah
Day vs. Lor i Fl em ng.
THE COURT: Ri ght .
MR. DEPEW 15SC85P and 15SC71P .
THE COURT:
Okay. Now,
and
--
MR. DEPEW
And
t her e i s
al so
a sui t agai nst
--
separ at e smal l
cl ai ms sui t agai nst My Town
Medi a
t hat
i s
--
I am not
here on.
9
10
. . 11
12
13
14
15
16
THE COURT: I di dn t r eal i ze t hat . I t hought
17
t her e wer e onl y t wo of t hem and I see what you ar e
18 t al ki ng about now. Now, can you t el l enl i ght en me
. ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
19 on t he ot her one, i t i s 70P, I t hi nk.
20
MR. DEPEW Yes. I t i s basi cal l y exact l y t he
-
same t hi ng. He i s sui ng t he r adi o st at i on, because
1
22
t hey t erm nat ed t he adver t i si ng cont r act . What he
23
negl ect s t o ment i on i n any of hi s paperwor k was t hat
24
when t hey terDi na~ei ~~ ~~ey r ef unded - -
25
THE COUR~:
of t he same ser i es of
-::
8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…
http://slidepdf.com/reader/full/complaint-against-kansas-attorney-general-derek-schmidt-assistant-attorney 10/10
J
<
,-;,
-----:;,_
•
_ •
2
HR. DEPEI i 7:
~Qdi o st at i on i s a
3
def endant i n t he
4
THE COURT:
-- f: •• • •• ~ • •• • • _ _ •• • ••• ,.. . .
... • . ::: .. ~ .... = r>:
_
cases 15SC70
5
15SC71P and 15SC852,
~S~·~
-
6
HR. DEPEW Yes, s~~.
7
THE COURT: Anc f or ~he r easons st at ed. Now,
8
suppose I can j ot a di sm ssal on t he one t hat you a
9
not i nvol ved i n, Hr . Depew, but si nce you have t he
10
f ac i l i t i es t o do so.
11
HR. DEPEW
I
w l l happy t o pr epar e t hem
12
THE COURT: I f you woul d f orwar d me t he same fo
13
f or t he t hi r d case t hat you ar e not i nvol ved i n, I
14
woul d appr eci at e i t .
15
MR. DEPEW I w l l do so.
16
THE COURT: And i f you woul d st ep i nt o chambers
17
- - - - - - - - - - - - - - - - - - - - ~
af t erwar ds, I w l l make you aware of what my home
18
- - - - - - - - - - - - - - - - - ~
address is and how you can send that.
Ar e t her e any
19
other quest i ons about any of t hose cases at t hi s
20
poi nt ?
HR. DEPEW No, Your Honor .
~ - - - - - - - - - - - . . . - - - - - - -
MR. PHI LLI PS~ ~
~G~~d ~G~~ ~~~~~~ ~
co==en~s
,
abo~~
L~ ~~~\~ . ~
~o ~h~~~ ~hexe
~s ~s
~~=~
.c r
l i m t at i on i n hi s mC~2on
LO
r ecusal .
and m t ryi ng t o - -
-----
THE COURT: Yeah. Wel l ,