complaint against kansas attorney general - derek schmidt, assistant attorney general - stephen...

8/16/2019 Complaint Against Kansas Attorney General - Derek Schmidt, Assistant Attorney General - Stephen Phillips, Dennis…

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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



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



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



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.



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


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


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


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 -


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



- • _ o . .>. . .:

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o · : , - ;;: . - . •. . ~

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--;:..........--~

-

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~

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



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



• •• ,. 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 .



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

-::



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 ,

complaint against kansas attorney general - derek schmidt, assistant attorney general - stephen...

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