docketed complaint on chief judge andrew james (a. j.) wachter 2011 #1

To: Andra Stefanoni

Concerning: Docket No. 1116 and 1114, In the Matter of AJ. Wachter with the COMMISSION ON

JUDICIAL QULAIFICATIONS

I have enclosed the transcript from the April 18, 2011 proceeding where Judge Wachter recused himself

after the first complaint had been held with the ethics commission on April 8, 2011. The second hearing

on June 7, 2011 revealed that Honorable Andrew James Wachter did in fact commit Judicial Misconduct

according to STATEOF KANSASCOMMISSION ON JUDICIAL QUALIFICATIONS with his use of the term"Peanut Gallery" and it was clearly INAPPROPRIATEaccording to the Ethics Board. I have also enclosed a

copy ofthe STATEOF KANSASCOMMISSION ON JUDICIAL QUALFICATIONS pamphlet and highlighted

what part Honorable Wachter violated. There is also an ORDER issued from case number 09DM341P

showing the Attorney withdrew from this case as well after hearing that information and it was signed

by Janice Russell Senior Judge from Olathe Kansas on May 31, 2011.

Honorable Wachter has also been sued on 2 different occasions since October of 2010 in Small ClaimsCourt for decisions that citizens from the public did not seem fair. Case number 201OSC000139P Eric

Muathe Vs. Andrew Wacther and Case number 2011SC33P Michael King vs. Andrew Wachter. Both

cases were dismissed due to Judicial Immunity but the Public is more than welcome to read the cases if

they choose.

If you have any questions feel free to call me at 620-875-6494.

Thanks,

Kasey and Michael King

Telephone 785-296-2913

MEMBERS OFPANEL A

CHAIR:William B. SwearerLawyer Member

VICE-CHAIR:Carolyn TillotsonLay Member

Nancy S. AnstaettLawyer Member

1. Patrick BrazilJudge Member

Theodore B. IceJudge Member

Jennifer L. JonesJudge Member

Christina PannbackerLay Member

SECRETARY:Carol G. GreenKansas Judicial Center301 S.W. Tenth AvenueTopeka, KS 66612-1507

~tate of 1S.ansas

QCommission on jJuotnat ~ualtftcattonsKansas Judicial Center301 S.W. Tenth AvenueTopeka, Kansas 66612-1507

Facsimile 785-296-1028

June 7, 2011

Michael Lee KingP. O. Box 101Opolis, Kansas 66760

Re: Docket No. 1116, In the Matter of A. J. Wachter

Dear Mr. King:

The Commission met June 3, 2011; at which time the above-captioned complaintwas 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 thatterm was inappropriate, and it was the decision of the Commission to caution JudgeWachter regarding future word choices.

It was further the decision of the Commission that the remammg allegationscontained in your complaint contained no facts evidencing judicial misconduct as definedin the Code of Judicial Conduct.

Thank you for bringing your concerns to the attention of the Commission. Thismatter is now closed.

Sincerely,

William B. Swearer,Chair

mm


MEMBERS OFPANEL A




J. Patrick BrazilJudge Member





~tate of }kansas

([ommission on Jfubinal ~ualificationsKansas Judicial Center301 S.W. Tenth AvenueTopeka, Kansas 66612-1507


April 8,2011

Michael Lee KingP. O. Box 101Opolis, Kansas 66760


Dear Mr. King:

The Commission met April 1, 2011, at which time the above-captioned complaintwas considered. The Commission is making further inquiry, and the matter remainsunder consideration. The matter will be placed on the Commission's June 3, 2011,meeting agenda.

Cordially,

CcuuL3~Carol G. Green,Secretary

mm


MEMBERS OFPANEL A









~tate of ]kansas

(!Commission on Jf utnrisl ~ualifiqltion9'Kansas Judicial Center301 S.W. Tenth AvenueTopeka, Kansas 66612-1507


April 8, 2011

Kasey McCoy KingP. O. Box 101Opolis, Kansas 66760

Re: Docket No. 1114, In the Matter of A.J. Wachter

Dear Mr. King:

The Commission met April 1, 2011, at which time the above-captioned complaintwas considered. The Commission is making further inquiry, and the matter remainsunder consideration. The matter will be placed on the Commission's June 3, 2011,meeting agenda.

Cordially,

CaruL8'~Carol G. Green,Secretary

mm


MEMBERS OFPANEL A









$)tate of lkansas

Kansas Judicial Center301 S.W. Tenth AvenueTopeka, Kansas 66612-1507


June 7, 2011

Kasey McCoy KingP. O. Box 101Opolis, Kansas 66760


Dear Mr. King:

The Commission met June 3, 2011, at which time the above-captioned complaintwas 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 thatterm was inappropriate, and it was the decision of the Commission to caution JudgeWachter regarding future word choices.

It was further the decision of the Commission that the remammg allegations.contained in your complaint contained no facts evidencing judicial misconduct as definedin the Code of Judicial Conduct.

Thank you for bringing your concerns to the attention of the Commission. Thismatter is now closed.

Sincerely,

William B. Swearer,Chair

mm

11 JUN-3 AS:28

CLERK OF 0151 COUR:CRAWFOREl COUNTYBy_. .._..

. IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

IN THE MATTER OF THE MARRIAGE OF )

DEBORAH L. KING, )

PETITIONER, )

MD )MICHAEL L. KING, )

RESPONDENT.)

CASE No. 09 DM 341 P

ORDER PERMITIING WITHDRAWAL

The court having examined and heard the foregoing motion, and being of the opinion

that it should be granted.

IT IS HEREBY ORDERED AND ADJUDGED that Katherine Morin be and is

hereby permitted to withdraw as attorney of record for Deborah L. King in this cause.

IT IS SO ORDERED.

Dated:~1 ,2011.

~4

SHOULD IDELAY APPEAL UNTIL MY COMPLAINTOF JUDICIAL MISCONDUCT IS CONCLUDED?

No. You must proceed with whatever remedy isavailable to you within the court system to correctany judicial errors you believe were committed inyour case. Your complaint of judicial misconductis a matter totally independent of your litigation.

CAN I REMOVE THE JUDGE ON MY CASE IF I FILEA COMPLAINT AGAINST THE JUDGE?

No. An allegation of judicial misconduct is not asubstitute for removal procedure. You should seekyour attorney's advice as to the procedure forremoving a judge on your case or refer to K.S.A.20-31ld.

EXAMPLES OF FUNCTIONS THE COMMISSION

CANNOT PERFORM

The Commission does not have the power torelease inmates fromjailor prison.

The Commission cannot change the sentenceof any court or reduce terms of inmates inprison or jail.

The Commission cannot change custodyrulings made by judges in divorce cases.

The Commission does not have the power toalter the amount of child support set by judgesin domestic cases.

The Commission does not have the power tochange the judge in any case.

The Commission cannot remove adefendant's attorney.

The Commission cannot change the decisionof anyjudge.

Commission on Judicial Qualifications

Kansas Judicial Center301 SW Tenth Avenue

Room 374Topeka, Kansas 66612

785-296-2913www.kscourts.org

[email protected]

STATE OF KANSAS

COMMISSION ON

JUDICIAL

QUALIFICATIONS

Prepared and published as a public service by theKansas Commission on Judicial Qualifications

June 2009

The Commission on Judicial Qualifications wasestablished by the Supreme Court of the State ofKansas on January 1, 1974.

The Commission was created by the Court underthe authority granted by Article III, Section 15 ofthe Kansas Constitution and in the exercise of theinherent powers of the SupremeCourt.

The Commission is charged with assisting theSupreme Court in the exercise of the Court'sresponsibility in judicial disciplinary matters. TheCommission consists of fourteen membersincluding six active or retired judges, four lawyers,and four non-lawyers. All members are appointedby the Supreme Court and serve four-year terms.

WHAT IS JUDICIAL MISCONDUCT?

Judicial misconduct is any violation of the Code ofJudicial Conduct which may include, but is notlimited to, misconduct in office, failure to performduties, or the inability, physically or mentally, toperform duties. Judicial misconduct does notinclude erroneous application of the law or matterswithin the discretion of the trial judge. Theserulings can be appealed to a higher court.

DOES THE COMMISSION HAVE JUlUSDICTIONOVER LEGAL MATIERS?

The Commission does not have the authority to actas a court of review, determining the legal orfactual validity of any judge's decision. An appealmust be filed with a higher court.

DOES THE COMMISSION GIVE LEGAL ADVICE?

The Commission cannot give legal advice tocitizens or represent clients.

I BELIEVE A JUDGE IN THE STATE OF KANSASHAS VIOLATED THE CODE OF JUDICIALCONDUCT. How DO I REGISTER A COMPLAINT?

Initial inquiries and/or a complaint form can beobtained by contacting the Commission Office orcan be accessed on-line at www.kscourts.org under"Commission on Judicial Qualifications." Thecomplaint must be in writing and signed. It shouldidentify the conduct or action believed to beimproper and should provide specific details andfacts. If further information is needed, you will becontacted.

Is MY COMPLAINT CONFIDENTIAL?

The Commission and its staff are bound by a ruleof confidentiality unless there is an exception asprovided by Supreme Court Rule 607(a). TheCommission may, however, ask the judge for aresponse to the complaint. In that event, the judgewould be provided a copy of the complaint.

Pursuant to Supreme Court Rule 607(b), the rule ofconfidentiality does not apply to the complainant orto the respondent judge.

WHAT WILL THE COMMISSION DO WITH MYCOMPLAINT?

When a complaint is received, it is reviewed todetermine that it is within Commissionjurisdiction, and inquiry may be made to verifyallegations.

UndocketedIDocketed ComplaintsThe Commission, at a regular meeting, carefullyreviews all allegations and determines whetherthey remain undocketed or will be docketed.

Undocketed complaints are those which facially donot state a violation and no further investigation isrequired. Docketed complaints are those whichwarrant further investigation and receive a docketnumber. The judge may be asked to respond to thecomplaint. If an allegation involves legal issues orfor some other reason is not within theCommission's jurisdiction, it will be dismissed.The Commission may also take the followingaction: Issue a letter of informal advice Issue a letter of caution Issue a cease and desist order, either private or

public File a notice of formal proceedings

Formal ProceedingsOnce a notice of formal proceedings is filed by theinvestigative panel, the judge has an opportunity toanswer and a public hearing is set. The hearing isconducted by a hearing panel which has noknowledge of the investigation or priordeliberations. At such a hearing, the judge has theright to defend against the charges and to berepresented by a lawyer. Witnesses and documentsmay be subpoenaed. If no violation is found, thecomplaint will be dismissed. If a violation of theCode of Judicial Conduct is found or a disabilitywhich is seriously interfering with the judge'sability to perform judicial duties, the Commissionmay take the following action:

Admonish the judge Issue an order of cease and desist Recommend that the Supreme Court retire,

censure, suspend, or remove the judge

How LONG DOES IT TAKE TO RESOLVE ACOMPLAINT OF JUDICIAL MISCONDUCT?

A panel of the Commission meets each month, butthe panels alternate months. Final disposition maytake several months, depending on the complexityof the matter.

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IN THE DISTRICT COURT OF CRAWFORD COUNTY,KANSAS

IN THE MATTER OF THE MARRIAGE )OF )DEBORAH L. KING, )

Petitioner, ))

vs. ) CASE NO. 09DM341P)

MICHAEL L. KING, ))

Respondent. )

TRANSCRIPT OF PROCEEDINGS

PROCEEDINGS had before the Honorable

AJ WACHTER, Judge of the District Court

of Crawford County, Kansas, at Pittsburg,

Kansas, on the 18th day of April, 2011.

APPEARANCES:

The Petitioner appearing by and through her

counsel, Ms. Katherine Morin of Broadway Law Offices,

424 North Broadway, Pittsburg, KS 66762.

The Respondent appearing pro se.

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APRIL 18, 2011

THE COURT: Okay. This is Case No. 09DM341P, in

the Matter of The Marriage of Deborah and Michael

King. Deborah King is represented by counsel Kay

Morin and Mr. King appears pro se.

MR. KING: I have a document I would like to

submit to the Court that's been filed requesting my

son Kasey King be my power of attorney.

THE COURT: Well, just hold it right there a

minute and let me visit about this first. Carne to the

Court's attention actually today that Mike King, Kasey

King and a lady whose name escapes me right now, have

filed ethics complaints against me with the

judicial -- the judicial ethics folks. And by letter

dated April the I think it was last Monday, the

ethics folks asked me to respond to those complaints.

I don't know when that letter was mailed but last

week I used all the week, with the exception of

Friday, the day I had free, to try a medical

negligence case and the week before that obviously was

preparing for that case and Friday I was kind of worn

out and took care of a number of things but didn't see

that letter until this morning.

And when I got the file, then I saw that

somewhere I think in the file, I may be mistaken,

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but -- no, on the file dated April 13, a Mike King

an unsigned letter from Mike King was filed to the

honorable John Gariglietti indicating the things I

just related.

And I actually think, believe it or not, that I

could try the issues of this case still at this time

and set aside any prejudice that I may have against

Michael King or Kasey King or anyone else. But I

choose not to do so and I hereby recuse myself.

This case will be given to Judge Gariglietti. He

can assign it to whoever he wants to assign it and

that Judge then can take over the case from this point

on. And so, that being the case, you will have to

address, Mr. King, whatever motion you have there with

whatever judge Judge Gariglietti assigns this case to.

MR. KING: Thank you, Your Honor.

THE COURT: And Ms. Morin will have to -- I will

let whatever Judge assigns this case take whatever

action that particular person feels is appropriate

under the circumstances. Having said that, may

justice be done in your litigation, stand adjourned.

MR. KING: Thank you, Your Honor, appreciate it.

THE COURT: And I say I apologize for not

addressing this earlier, but it came to my attention

this morning.

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MS. MORIN: We understand, Judge.

MR. KING: I understand that, Your Honor.

THE COURT: So I think it would be a perception

of -- if I -- if I rule in favor of the petitioner on

issues, then respondents are going to have the

perception that I did it to get even with them with

what headaches they think they have been causing me.

And actually I don't think they have caused me any

headaches. I think they have been polite in Court

both Mr. King

(Phone rang.)

THE COURT: Yes. Well, take a number, we will

call her right back, thank you. Take a number and you

can call your client right back.

MS. MORIN: I will.

THE COURT: Anyway I can say on the record that

Mr. King and Kasey King have been nothing but polite,

have done nothing that I consider inappropriate when

appearing before me in the Court. But they might have

the judgment that -- that for all the reasons they

claim in their ethical complaint that I held against

them because of that.

And the other side holds true too, should I hold

In favor of Mr. King, and then always in the mind of

Deborah King will be well, he had all these claims

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against him, they pressured him into doing that. So

in order not to convey the thought that a Judge may be

pressured or may use the bench to vindicate his bias

against somebody, I withdraw. God bless you all and

good luck in your next endeavor. And your client, and

they will have a number she called from and certainly

you can calIon the Court's dollar. Thank you.

MR. KING: Thank you, Your Honor.

(Whereupon the proceedings concluded at 1:37

p.m., April 18, 2011.)

62

STATE OF KANSAS)) SS.

CRAWFORD COUNTY)

1

3 CERTIFICATE

4 I, Shaun J. Higgins, a Certified Shorthand

5 Reporter, by virtue of the laws of the State of

6 Kansas, and the regularly appointed, qualified and

7 acting official Reporter for the Eleventh Judicial

8 District of the State of Kansas do hereby certify

9 that as such official reporter, I was present at and

10 reported in machine shorthand the above and

11 foregoing proceedings had on the date above set out

12 before the Honorable AJ WACHTER, Judge of the Eleventh

13 Judicial District of the State of Kansas, Sitting in

14 and for the County of Crawford.

15 I further certify that pursuant to law my

16 shorthand notes were transcribed under my supervision

17 and that the foregoing is a true and correct

18 transcript of my notes in said case.

19 Signed, officially sealed, and filed with

20 the Clerk of the District Court this day of

21 __________, 2011.

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23 SHAUN J. HIGGINS, RPR-CMKS CSR #0904OFFICIAL COURT REPORTER24

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docketed complaint on chief judge andrew james (a. j.) wachter 2011 #1

Documents

judicial misconductaccording

judicial qualifications

judicial immunity

greenkansas judicial

andrew wachter

honorable wachter

ethics commission

code of judicial conduct