Complaint against Judge Oliver Kent Lynch Dated December 10th, 2014

December 10, 2014

Judge Oliver K.Lynch

Cherokee County Courthouse

100 W. Maple Street, P.O.Box 189

Columbus, Kansas 66725

Re: Fifth Third Bank vs. Eric Muathe

Crawford County District Court Case No. 2012 LM356 P

Dear Judge Lynch,

I am writing directly to you because in denying my motion to disqualify Judge Kurtis Lay for conflictof interests with his former law partner attorney Mark A.Werner you stated in the memorandumand order (attached) dated February 11th,2014 that "it is not uncommon for Judges to hearcases in which former partners appear as attorneys in as little as five years after leaving thepartnership to become a judge".

In that order you indicated to the court and the public in general that it is unethical for a judge tohear his former law partners cases if at least 5 years have not passed since the partnership wasdissolved.

Really???

Did you forget that you too are currently listening to your former law partners cases and thatactually, and more disturbingly, you have heard Christopher Meek's and Edward Battitori's casesfrom the very first day you became a Judge in January of 2005 (and within zero years since you leftthe law firm known then as Meek, Lynch and Battitori).

"Anindependent and honorable judiciary is indispensable to justice in our society. A judge shouldparticipate in establishing, maintaining and enforcing high standards of conduct, and shallpersonally observe those standards so that the integrity and independence of the judiciary will bepreserved." (2004 Kan. Ct. R.Annot. 539.)

"Ajudge shall respect and comply with the law and shall act at all times in a manner that promotespublic confidence in the integrity and impartiality of the judiciary." (2004 Kan. Ct. R.Annat. 539.)

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In fact, your financial disclosure statements of 2005, 2006, 2007 and 2008 show that you werehearing attorney Meek's, Battitori's and even Michael Gayoso's cases while you were receivingpayments from them for the buyout of your former law firm Meek, Lynch and Battitori, See attachedexhibits. You clearly had a demonstrated and vested financial interest in the financial stability ofyour former law partner's law practice since you were receiving ongoing payments between 2005 -2008 while you sat and ruled on their cases. Do you think the unknown number oflitigants in thosecases knew of these economic conflicts of interests? Do you think you afforded the litigants dueprocess?

Here is a sample of 5 Cherokee County cases out of many that you remained as the Judge thatinvolved attorney Edward Battitori in the time period immediately after you left the businesspartnership and became judge and also within the time period your were receiving financialcompensation from him; 2005CR114, 2007CR172, 200SDM248, 2005DM299, and 2006DM240.

Here is a sample of 5 Cherokee County cases out of many that you remained as the Judge thatinvolved attorney Christopher Meek in the time period immediately after you left the businesspartnership and became judge and also within the time period your were receiving financialcompensation from him; 2005CR1S0, 200SCV168, 2005CV168, 2005DM215, and 2007DM202.

Judicial discretion is abused if judicial action is: (a) ... unreasonable, t.e., ifno reasonable personwould have taken the view adopted by the trial court. City of Neodesha v. BP, Corp. 295 Kan. 298,287 P.3d 214 (2012).

As a show of inconsistent actions taken by you and as prima facie 'abuse of discretion' evidence thatyou know you should not have listened to your former law partners cases you recused yourselffrom the following sample of attorney Battitori's Cherokee County cases while you were receivingfinancial compensation from him; 2003CV150, 2004CV8P, 200SDM20, 2006CV86, and 2006CV87.

Here is a sample of attorney Meek's Cherokee County cases that you recused; 2005DM40,2005DM116, 2005DM136, 2005DM228, and 2006DM254.

The Preamble to the Kansas' Code of judicial Conduct reminds judges they "must respect and honor

the judicial office as a public trust and strive to enhance and maintain confidence in our legal

system." Rule 601A (2004 Kan. Ct. R. Annot. 535). Because public trust is essential to an effective

judicial system and one judge's conduct may have a significant impact upon the public's perception

of the entire judicial system, "[a] judge must avoid all impropriety and appearance of impropriety. A

judge must expect to be the subject of constant public scrutiny. A judge must therefore accept

restrictions on the judge's conduct that might be viewed as burdensome by the ordinary citizen and

should do so freely and willingly." Canon 2, Commentary (2004 Kan. Ct. R.Annot. 540).

"[I]t would be very difficult to establish public confidence in the judicial [decision]-making capacity

when there's been such a severe lapse in ... judgment." In re Robertson, 280 Kan 266, 120 P.3d 790

(2005).

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You clearly should have recused yourself from ruling on whether a judge can hear his former lawpartners' cases since you too are grossly guilty of the same unethical actions that would cause thegeneral public to question the integrity of the judicial system.

I think it is very unethical for a judge to lie and it is even more unethical for a judge to lie and the lieto be able to be "PROVEN AS A FACT"!!!! According to Rule 2.11(A)(B) Disqualification which says"A judge shall keep informed about the judge's personal and fiduciary economic interests, and makea reasonable effort to keep informed about the personal economic interests of the judges spouse ordomestic partner and minor children residing in the judge's household."

Under COMMENT (6) under Rule 2.11(A) Disqualification it says "Economic Interest," as set forth inthe Terminology section, means ownership of more than a de minimis legal or equitable interest"which is what you had between 2005 and 2008 with attorneys Meek, Battitori and Gayoso as youwere still hearing his court cases.

Under the Commentary for the old Canon 4(D) which is the Financial Activities section under "AJudge Shall so Conduct the Judge's Extra-judicial Activities as to Minimize the Risk of Conflict withJudicial Obligations" it states that "A judge must avoid financial and business dealings that involvethe judge in frequent transactions or continuing business relationships with persons likely to comeeither before the judge personally or before other judges on the judge's court."

It also says under Commentary for Canon 4(D) "Participation by a judge in financial and businessdealings is subject to the general prohibitions in Section 4A against activities that tend to reflectadversely on impartiality, demean the judicial office, or interfere with the proper performance ofjudicial duties. Such participation is also subject to the general prohibition in Canon 2 againstactivities involving impropriety or the appearance of impropriety and the prohibition in Section 2Bagainst the misuse of the prestige of judicial office. In addition, a judge must maintain highstandards of conduct in all of the judge's activities, as set forth in Canon 1. See Commentary forSection 4B regarding use of the phrase "subject to the requirements of this code." Iwould thinkthat by hearing Edward Battitori's, Christopher Meek's and Michael Gayoso's cases between 2005 -2008 (especially) definitely violated Canon 4(D).

I am also bothered by the fact that according to a letter (attached) you sent to then Chief Judge JohnC. Gariglietti on May 24th, 2007 you successfully ask to recuse you're yourself from Cherokee CountyCase numbers 2006CV86 and 2006CV87 because you "sit on a board with one of the Binghams" yetyour financial disclosures statements don't show any such board. How are litigants and the generalpublic to know what other personal and economic conflicts of interests you continue to have orcould have had in the past if you are not accurately reporting your financial disclosure statements?

Iwould like to add that as of late November 2014 you are the sitting Judge in about 14 of 19 offormer business partner attorney Edward Battitori's pending cases while Kurtis Loy is the Judge in11 of14 of his former business partner attorney Mark A.Werner's pending cases. Clearly youshould be the last person called upon to decide ifJudge Loy's conflict of interest is ethical or not.

Ithink the fact that you had a proven irrefutable economic interest in the law firm of "Meek Lynchand Battitori" and then in Meek, Battitori and Gayoso back in 2005 through 2008 when you first

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became a judge and the fact that you stated that a judge can hear a past law partners case as long asfive (5) years have passed which you clearly did not follow yourself would also violate "THERULESRELATINGTOJUDICIALCONDUCT"and therefore you should have not had any subject-matterjurisdiction to hear any of the related cases or any of my cases for that matter.

I have filed an ethic complaint against you for the above mentioned violations of "THERULESRELATINGTOJUDICIALCONDUCT"and the Committee was supposed to meet on December 5, 2014to discuss the allegations of my complaint. I am also planning to file yet another detailed complaintwith new found evidence.

I have already filed a motion for you to recuse yourself form this case and a motion for any ordersyou signed in Crawford County Case No. 2012LM356P to be vacated and ask to see if you wanted togrant this motion ex-parte without a hearing to avoid me having to waste my time, the court's time,and your time by filing an appeal for "LACKOFSUBJECT-MATTERJURISDICTION".

I appreciate you taking the time to read this letter to help with the due process and equal protectionunder the 5th and 14th amendments that all litigants are allowed.

I kindly ask that you recuse, or be recused, from hearing any of my cases and to vacate any orderyou have entered in any of my court cases currently before you.

Sincerely,

&r.~ Ntv~Eric M.Muathe1410 Bitner Terrace, Pittsburg, Kansas. 66762.

Copies Sent to:

./ Clerk of the Court (For Filling In The Case File)

./ ChiefJudge Andrew J.Watcher

./ Departmental Justice, Department #4

./ Commission on Judicial Ethics

./ Kansas Supreme Court Chief Justice Lawton Nuss

./ Mark A.Werner

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FILED

IN THE DISTRICTl~~mr~RD COUNTY,KANSASm~~u.fP~BURG;: "

FIFTH THIRD BANK, )Plaintiff, )

)--))))

Defendant. )

--------------------------~)

vs. CaseNo.-2012=LM-J56 p.

ERIC M. MUATHE,

MEMORANDUM AND ORDER

This matter comes on for determination -of the Motion for Disqualification of

Judge Loy filed by Defendant. The court has reviewed the Motion and Affidavit, Judge

Ley's response, and the Kansas Code of Judicial Conduct. For the reasons set out below,

the motion is denied.

Defendant argues that Judge Loy should be disqualified because of his previous- '-- -'-'-~'--- "----"

relationship with Mark Werner who has now entered an appearance in the case.

His first allegation that Werner and Judge Loy were law partners does not create a

showing of prejudice, impropriety, or an appearance of impropriety. This partnership

ended in 1994. After 20 years this prior relationship cannot be said to have an effect on

Judge Loy's impartiality. It is not uncommon for Judges to hear cases in which former- ~U~~

~\\)\~

1 ~ ~ \\~~~

partners appear as attorneys in as little as five years after leaving the partnership to

become a judge.

His second allegation is that Werner represented Judge Loy in litigation during the

same period. Here Defendant is mistaken as the client in that case was Kenneth I. Loy,

not Judge Loy (Kurt 1. Loy). Even if Werner had represented Judge Loy almost 20 years

ago, thatrelationship is so distant as to have-no effect upon Judge Loy's impartiality.

Finally, Defendant claims that both Werner and Judge Loy donated to the same

political campaign. Numerous people appear to have donated to the same campaign. The

coincidence of both Werner and Judge Loy donating to the same campaign is not

indicative of a relationship that would disqualify Judge Loy from hearing this case.

Defendant next claims that Judge Loy should be disqualified from hearing any

cases "with allegations of forged, altered or fraudulent notes or retail installment

contracts" because of allegations in Deere and Co. v. Loy, 872 F. Supp. 867 (D. Kan,

1994). This is the case discussed above wherein Kenneth 1. Loy was sued and Werner

and Judge Loy acted as counsel for him. There is no factual basis -tosupport this claim as

--- --Defendant-is -confused--aboutwho-was the-Defendant-in -that-case-.There -is-no-legalbasis ----

to support this claim because even if Judge Loy had been a party in a lawsuit wherein

such allegations occurred, it would not disqualify him from hearing cases 20 years later

with the same subject matter. By Defendant's logic, if JudgeLoy had ever gotten a

speeding ticket, he would not be able to hear a speeding case.

2

Defendant's allegations of prejudice individually or in combination do not support

a basis to reasonably question Judge Loy's impartiality.

It is therefore ORDERED that the Motion for Disqualification filed by Defendant

herein is denied.

BY THE COURT IT IS SO ORDERED.

~~//' // ===-='-//

District Court of Cherokee CountyEleventh Judicial DistrictDivision nCherokee County Courthouse

110 West MapleColumbus, Kansas 66725

Oliver Kent LynchDistrict Judge

Phone (620) 429-3518Fax (620) 429-1627

May 24, 2007 FILED

The Honorable C. GarigliettiChief JudgeJudicial terPittSb , KS 66762

MAY 2 {9 2007WITH THE COURT .

VIA FACSIMILE: (620) 231-0584

RE: Kara Moore vs. Ellis Ray Bryant and Bingham Transportation, Inc.Case No. 2006-CV-86 .

Kenny Lodwick vs. Ellis Ray Bryant and Bingham Transportation, Ine.Case No. 2006-CV-87

Dear Judge Gariglietti:

Transmitted herewith is a copy of a letter from Kala Spigarelli concerning the referenced cases.My family has a long relationship with the Bingham family apd I sit on a board with one ofthJ.Bin$W!J!resently. Therefore, I feel I should recuse from these cases.

The Plaintiffs are represented by Kala Spigarelli of The Spigarelli Law Finn, P.O. Box 1449,Pittsburg, KS 66762-1449. The Defendants in both cases are represented by Kevin M. McMasterof McDonald, Tinker, Skaer, Quinn & Herrington, P.A., 300 W. Douglas Ave., Ste. 500, Wichita,KS 67202-0209. The Defendant Bingham Transportation is also represented by Kevin R.Mitchelson of Wheeler &Mitchelson, Chartered, P.O. Box 610, Pittsburg, KS 66762,:0610.

Thank you for your assistance with this matter.

Enclosure

cc: Ms. Kala SpigarelliMr. Kevin M.McMasterMr. Kevin R. Mitchelson

JUDICIAL FINANCIAL DISCLOSURE REPORTFOR CALENDAR YEAR 2004

re,pmmt ~oo by ~r.mae TIt RIm1le OOlAJlte~ 1tD J.mn Cmttf!m,1Canon 4, Subsections D, E, and H (2004 Kan. Ct. R. Annot. 551 - 557)

Commission on Judicial QualificationsDAttn: Financial Disclosure Reporting301 SW Tenth Avenue, Room 374

Topeka, Kansas 66612

Return OB or before April 15, 2005, t

The instructions accompanying this form are a guide to be followed in preparing your annualfinancial disclosure report. Please read the instructions before completing the form. Complete allparts, checking "NONE" wherever youbave no reportable information. This report most be typedbut may be completed online at WW""W ,kscourts.OO!. printed and mailed. Sign on the last page.

I. Person Reporting (Last name, first" middle initial)Oliver Kent Lynch

1. Tmtle~:adliwe m semmm ~ ful1I mpamt-tim.e)...:;Jwjge=>::.-::fuIDi=.:1nme=' =- _3. Court 11th Judicial District. Position n4. Judicial Office Address 110 West Maple. Columbus. KS 667255. DareofReport~~~1~1~/O~5~ _

I. COMPENSATION [reporting individual (1) and spouse (S); for Honoraria, reportingindividual (I) only;, see Section I of Instructions and Canon 4H(1)]

Name of Payor Payee (I or S) Nature of Activity

2004 Lynch, Meek & Batlitori LawPradice

2004 USD 499, Galena Schools s Teaching

1

II. FEES AND COMMISSIONS [reporting individual (I) and spouse (S); see Section ITofInstructions and Canon 4H(2)]

__ NONE (NrP n:porto!blkFeeo;md~)

Name of Client or Customer Address Payee (I or S)

IThe Baxter State Bank 1301 Milituy AYe-, Baxter Springs.KS

m. OWNERSIIIP INTJnlFSTS [reporting individual (I), spouse (8), dependent child ordependent step child (DC); see Section m ofJnstmctions and Canon 4D(1), (2), (4);4H{3}]

__ NONE (No reportable Ownership Interest)

Business Name and Address Type of Business Desaiptioo oflntl:n:sts Held(list address cmly if mil pmbIidy mdcd)

Held by Whoma.S.,DC)

ILynch, Meek & Battitori Law Practice Partner's Share~

J

1023 Military, Baxter Springs, KS Partnerbip (RealEstate)

Partner's Share I,S

See Section Vll. for further inIen:sts

IV. GIFTS, BEQUESTS, OR FAVORS [reporting individual (I), spouse (8), dependent childor dependent step child (DC); see Section IV of Instructions and Canons 4D(5)(a-h) and4H(4)]

~NO:NEQII{{p ~ GijiJ"~ OT FIilD'JOn)

Recipient (L S, DC) Description

2


RqiY.!M1t~ 111~ Ooom:1t.RmtThe6!DnA Re~g lIDJ~ GIDmlimCanon 4, Subsections D, E, and H (2005 Kan. Ct. R. Annot. 571 - 578)

Commission OD Judicial QualificationsAttn: Financial Disclosure Reporting301 SWTenthAvenue, Room 374

T~ Kansas66612

Return on or before April 15, 2006, to:

The instructions accompanying this form are a guide to be followed in preparing your annualfinancial disclosure report. Please read the instructions before completing the form. Complete allparts, checking "NONE" wherever you have no reportable information. This report must be typedbut may be completed online at W\~w.kscourts.org, printed and mailed. Sign on the last page.

I. Person Reporting (Last name, first, middle initial)Lynch,. Oliver K..

1.. Tittle(llI1I~ ~ or ~ sItlll1Im; fulR wpmt~)-",iFlmll!=- _3 . Court District Court. 11th Judicial District, Position 24. Judicial Office Address 110WestMaple.Columbus.KS 667255. Date of Report om4lOO ~ ~

I. COMPENSATION [reporting individual (I) and spouse (S); for Honoraria, reportingindividual (l) only; see Section I of Instructions and Canon 4H(1)]


Jan. - Dee, 2005 Galena Schools -Comcrstone High School

s High SCI:C3! Teacher

Meek, Battitori & Gayoso I Buyout of former law practiceJan. - Dec. 2005

1


ReportlDjUired by Supreme Court Rule 6DlA R.elati:n,gto Jndicial CmJduct0mDB 4, S~ D,E, II (lOD6KM..Ct. It.~, 5ffl ,58'1)-

rr '"'. ,"-}"' ....-

Return 0 or before April15~ 2007, to: -: .

Commission on Judicial QualificationsAttn: Financial Disclosure Reporting301 SW Tenth Avenue, Room 374

T~ Kansas66612

1~

'The ~ ~ this form arc a ~ to be :fuBowed in ~ 'yom ammalfinancial disclosure report. Please read the instructions before completing the form. Complete allparts, chec~ "NONE"wherever youhave no reportable information. This report must be typedbut may be completed online at -.:.-'-.~~~~_~~., printed and mailed. Sign on the last page.

L Person Reporting (Last name, first, middle initial)L~OJiverK..

2. Title (Indicate adive 01" semoc status; :full or part-time)-",Full.=' _3. Court DimictCom't 11111.Jumciai District Division n4. Judicial Office Address 110 W. Maple, Colubmus. KS 667255. ~of~~~~O=~=O~7 _

I. COMPENSA nON [reporting individual (I) and spouse (S); for Honoraria, reportingindividual (1) only; see Section I of Instructions and Canon 4H(1)]

__ NONE (No reportahk Compensation)

Name of Payor Payee CI or S) Nature of Activity

Jan.-Dec., 2006 Galena Schools s High School Teacbe

-Meek. Battitori, & Gayoso I Buyout of former law practiceJan.-Dec., 2006

1


Report:required by Supn:m.e Court Rule 60lA Relating to Jumcw ~1CitCcmon4, Su'bsectioos D, E, and H (2001 Kan. Ct. R. AnnO't. 633-640)

Commission on Judicial QualificationsA~: F~panciall)~sclosureR~porting- 301 SWTenthAvenue,Room374 --

Topeka" Kansas 66612

E-C" iF ill):,',t:l~Return on or before April 15, 2008, to:

'The ~0lIll$ ~ymg tms form are 3 guide to be fofiowedin preparing your annualfinancial disclosure report. Please read the instructions before completing the form. Complete allparts, checking "NONE" wherever you have no reportable information. This report must be t}'Pedbut may be completed online at ",w'w.kscourts.org. printed and mailed. Sign 00 the last page.

L Person Reporting (Last name, first, middle initial)Lynch. Oliver K.

2. Title(Indicate active or senior status; full 01' part-time}:-A_c_fu_re _3. Cowl n11tlht~1 ~ Diwimm:24. Judicial Offtce'AddressHO West Maple, Columbus, KS 667255. Date.ofRepQrt ApriI4,200S - - - - -

I. CO,MPENSATION [reporting individual (1) and spouse (S); for Honoraria, reportingindividual (1) only; see Section I of Instructions 8tidCano1i4H(1)] ,

__ NONE (No reportoble Compenso1io:tl)


Jan.&. Feb. Meek, Battitori &.Ga}'oso Buyout of law practice

Documents

Complaint against Judge Oliver Kent Lynch Dated December 10th, 2014