complaint against judge kurtis loy and the following attorneys; kip sagehorn, burton harding, mark...

35
 12/19/2014 Dear Hazlet t, After some judicial ethic complaint(s)* that questioned Judge Kurtis Loy's financials and tax reporting it seems on September 17, 2013 (as 'advised by the commission') Kurtis oy personally closed one business called Loy & Sagehorn, LLC with FEIN#2892321 and thirteen days later attorney Kip Sagehorn changed the name of another business then called Loy,Sagehorn and Harding , L.L. C with FEIN#7608383 to Loy & Sagehorn, L .L.C. with the same #7608383 FEINnumber. *JudicialCommission response dated August 18,2014 to Judge Loyis attached. According to the Secretary ofStates office Judge Loystill owned  Loy, Sagehorn and Harding , LLC on November 13, 2013. Judge Loyfails to show where his 99.5% interests of his stocks are from November 13, 2013 and where the 0.5 interests of sto k Kip Sagehorn had from the November 11, 2013 business of  Loy, Smith, & Sagehorn , Judge Loythen closes the business of  Loy and Sagehorn, LLC on September 17, 2014 but where did attorney Burton Harding go????? On September 30,2014 the business of  Loy, Sagehorn, and Harding L .L.. became  Loy and Sagehorn L .C. C' again but where are the shares of stock and how much does Kurtis Loy own or did he sell to Burton Harding , Kip Sagehorn, or anyone else??? Where is the disclosure on his Judicial Financial isclosure Report??? How can he hear at least one case each from Burton Harding and KipSagehorn in case numbers 2014LM55P and 2014LM409P between November 13,2013 and Sept mber 17, 2014 and is this not to be considered an economic conf lict of interest? Most reasonable people would consider this a glaring economic conflict ofinterest. I think it's wrong that Judge Loyadmitted that he knew it was inappropriate for him to listen to Mr.Sagehorn's cases but does not mention Burton Harding. Now on to another disturbing issue that seriously needs your attention and investigation but first let me state that Mark A . Werner is currently on the Cityof Pittsburg Economic Development Advisory Committee while Judge Kurtis Loy is the Chairman ofthe Board / President of the Stilwell He ri tage and Educational Foundation .  Is it okay for Judge Loy to lie to you Mr. Hazlett? Is it okay for attorney Mark Werner to lie to you when he knows very well that he is concealing the truth from you about their mutually beneficial ongoing financial ties? I believe Judge Loylied to you as you will see below.

Upload: conflict-gate

Post on 03-Nov-2015

14 views

Category:

Documents


0 download

DESCRIPTION

Complaint against Judge Kurtis Loy and the following attorneys; Kip Sagehorn, Burton Harding, Mark A. Werner and Kyle Fleming sent to the Kansas attorney disciplinary administrator Stan Hazlett Dated December 19th, 2014

TRANSCRIPT

  • 12/19/2014

    Dear Hazlett,

    After some judicial ethic complaint(s)* that questioned Judge Kurtis Loy's financials and taxreporting it seems on September 17, 2013 (as 'advised by the commission') Kurtis Loypersonally closed one business called "Loy& Sagehorn, LLC"with FEIN#2892321 andthirteen days later attorney Kip Sagehorn changed the name of another business thencalled "Loy,Sagehorn and Harding, L.L.C"with FEIN#7608383 to "Loy& Sagehorn, L.L.C."with the same #7608383 FEINnumber.

    *Judicial Commission response dated August 18,2014 to Judge Loy is attached.

    According to the Secretary of States office Judge Loy still owned "Loy, Sagehorn andHarding, LLC"on November 13, 2013. Judge Loy fails to show where his 99.5% interests ofhis stocks are from November 13, 2013 and where the 0.5% interests of stock Kip Sagehornhad from the November 11, 2013 business of "Loy, Smith, & Sagehorn",

    Judge Loy then closes the business of "Loy and Sagehorn, LLC"on September 17, 2014 butwhere did attorney Burton Harding go?????

    On September 30,2014 the business of "Loy, Sagehorn, and Harding L.L.c."became "Loyand Sagehorn L.C.C' again but where are the shares of stock and how much does Kurtis Loyown or did he sell to Burton Harding, Kip Sagehorn, or anyone else??? Where is thedisclosure on his Judicial Financial Disclosure Report??? How can he hear at least one caseeach from Burton Harding and Kip Sagehorn in case numbers 2014LM55P and2014LM409P between November 13,2013 and September 17, 2014 and is this not to beconsidered an economic conflict of interest?

    Most reasonable people would consider this a glaring economic conflict of interest.

    I think it's wrong that Judge Loy admitted that he knew it was inappropriate for him tolisten to Mr. Sagehorn's cases but does not mention Burton Harding.

    Now on to another disturbing issue that seriously needs your attention and investigationbut first let me state that Mark A.Werner is currently on the City of Pittsburg EconomicDevelopment Advisory Committee while Judge Kurtis Loy is the Chairman of the Board /President of the "Stilwell Heritage and Educational Foundation."

    Is it okay for Judge Loy to lie to you Mr. Hazlett? Is it okay for attorney Mark Werner to lieto you when he knows very well that he is concealing the truth from you about theirmutually beneficial ongoing financial ties? I believe Judge Loy lied to you as you will seebelow.

  • Judge Loy indicated that his business relationship with Mark Werner ended in 1994.

    Well, consider this ... In a March 13th, 2013 Economic Development Advisory Committeemeeting the official meeting minutes state in part;"Motion: Werner motioned that theCity Commission appropriate $12,100 for a facade grant to the Stillwell Heritage andEducational Foundation. Fleming seconded the Motion. All Carried, Motion approved."

    The truth is that the "Stilwell Heritage and Educational Foundation" has received$66,583.00** from the City of Pittsburg since Judge kurtis loy became Judge where MarkWerner is conveniently on the city economic board. Note that Kyle Fleming is also on Cityof Pittsburg's economic board and his wife is Lori Fleming who is Judge Loy's co-Judge herein Crawford County. Must be nice ...

    ** Evidence is attached.

    Does any reasonable person not see that Judge Loy would not want to jeopardize thepossibility of his foundation not receiving monetary support from the Pittsburg Cityeconomic committee by ruling against Mark Werner; or Kyle Fleming for that matter? Isn'tthis a prime facie evidence of continued economic ties between Loy and Werner???

    Keep in mind that Judge Kurtis Loy has commercial loans from Commerce Bank. Guess whowas Commerce Bank, N.A.,Vice President (of commercial lending) between 1999 and2004? You guessed it!!! Mark A. Werner - and his website ishttp://www.markwernerlaw.com where he details some of his experience.

    Considering that Mark Werner, Kyle Fleming, Kurtis Loy, and Larry Black are all membersof Crestwood Country Club and Larry Black and Kurtis Loy are/were on board of directorsfor the Stillwell Heritage and Education which continues to receive nice monthly chunks ofmoney seems to be an inside economic conflict of interest by giving their privateCrestwood members free public money.

    To be sure, a little research will also show that even while he was an attorney Judge KurtisLoy consistently got paid by the City of Pittsburg when his former law partner MarkWerner was Mayor and/or when Mark Werner held other senior city positions.

    Please don't allow them lie to you again.

    Sincerely,

    et'~NVJoEric M. Muathe

  • MEMBERS OFPA1\TELA

    CHAIR:William B. SwearerLawyer Hernber

    VICE-CRill

  • CL53-15 IKANSAS SECRETARY OF STATELimited liability CompanyCertificate of Amendment~~, ~Glficedf"Seudatyr:fSlal'e

    Memorial Hail~ 1st Floor . (785) 29&-4564120 S.W. 10th Avenue [email protected]. KS 66612-1594 www.sosJcs.gov

    -----~-~8979 .18S3 .15$35.8'

    FILD .., KS 50S8a-11-2813

    1 83:53:34 P"fILE_: 2892321

    II83488682

    o IIISTRUC11ONS: Ail inforvrratitm must be ~ orlhis doatm.t!fttwiHnot betKa!pll!dJorfiling.Pkase read instructicms bfifore completing .

    I:..A"K-~';'JK$AP..r~eus

  • Umited Liability Company Articles of Organization1IIe - ar...,limibod I.iaIJiIily 0mIpanr: r,I,.O~loy, Sagehom & Harding, i.i,c ~~\~

    File date: 11/13/2013 ~ 4 art> ~ ~ \file time: 10:27:54 ~_ \ \ C\'\ \ '1 ~ 0IBusiiness ~ ID fdlv.mber: 7ms383 V\ ....)

    ~e-~ ~

    ~OIIia>inKanSils: yA6!l1 1,...ic lll1S 112 W 4th St. ~S \....oJ O'NIV Pittsburg, Kansas ~Ut\\ \ 7 ",1 ,1l..t6

  • Kip Sagehorn

    I, Kris W. KobadI, Ser:re1arvof State of Kansas, do hereby certify thi!t tIhisis the true and correct copy of the original document filed electronically on11/13/2013.

    Kansas Secretary of StateMemorial HaJI,1st floor - 120 SW 10th Ave. - Topeka, Kansas 66612-1594!mne: (78SJ)~564 - 8IIIiIi'I: ~ - m: \WWW.~o

    "

  • KC IKANSAS SECRETARY 0,F STATE. Kansas UmiIed , iabilily Com...,S3-02 ,CetIlliGaleof -CONTACT: Kansas Office of the Secretary of State

    Mea.Diia1Hal. 1stFloor (785) 296-456412DS.W.101hAvanue kssos@sosks,govlropelia, KS 66612-11594 ~

    2889 81e53 882535."

    FILE BY K5 50S19-17-2814

    1 .1:59:88 PIIU.: :2IIDI21

    IIBSIRUCDOI!IS: All ilPmulitm m1ISI:be~ I1If' tIris dor:!mamt wi6lnut be~forjiling .. retIIIIl insrJ -=tiir.Iras~4 p.m.g.

    "

    Save time and money by filing ~ ,r 'Cancellation online at www.sos.ks.gove1ns1ructich"1S:D1I..lIfftt!Didllnmi51iilJiejl~whM~hJSE

  • FILED BY KS SOS I89-38-2814 I

    1 11:2&:86 All IiFILE-: 'Ifi88383

    CL IKANSAS SECRETARY OF STATEUmited Uabillty Company~ CeItificaIe 01Amendment 8949 iu853 815, S3S._. CONTACT: Kansas OHlee of the Secretary of State II IIII IIMemorial Hal. 1st Floor120S.W.101hAvenueT~ KS666120-1594 13953485

    UISTRUC11OIIIS: .All information must be~ or this dommem will1iDl be aa:rpedfor.filing ..P'hse'll'fl!lllllil.""'iKIi ~~ 'm,

    "'I

    b. Name 01 the limited ~,~,mlia1Jiljly~ ~bNamemusfmatdrtheJUlJ7le07J Loy, Sagehorn &, Harding, L.L-

  • Kansas.goy I State Phone DirectOIY IOnline Services

    c%.tM4 ... Business Center

    8jJonsMUI by SeCl!lfdIY ofStolle Kris KobOK;fI oodGovernor SWlt BtoWribacl

  • JUDICIAL FINANCIAL

    DISCLOSURE REPORT

    ATTN: FINANCIAL DISCLOSUREREpORTING301 SW 10TH AVE., ROOM 374

    TOPEKA, KANSAS 66612785-296-2913 [email protected]

    i{l~UfVh!;

    CALENDAR YEAR 2013.REpORT REQUIRED BY SUPREME COURT RULE 60 IB RELATING TO

    JUDlC1AL CONDUCT CANON 3. RULE 3.15(B) (2013 KA ,CT. R. ANNOT. 748) JUDICIAL (.d II' Ie ~'ijO\:S

    The instructions accompanying this form are a guide 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. Ct. R. Annot. 754-758) beforecompleting this form.

    Complete all parts, checking "NONE" wherever you have no reportable information, This reportmust be typed, and an on-line fillable form is available at www.kscourts.org. Completed andsigned reports may be submitted by u.s. mail to the address reflected above or may be scannedand submitted bye-mail to [email protected], ON OR BEFORE APRIL 15, 2014.

    Kurtis I. Loy CrawfordJudge Reporting - Full Name County or City

    Crawford County District Court, Div. 5, Eleventh Judicial DistrictCourt & Judicial Address

    City, State, Zip Code602 N. Locust, Pittsburg, KS. 66762 620-231-3570

    Telephone Number

    Type of Judge (check one): __ Supreme Court __ Court of Appeals.., District __ District Magistrate Senior

    __ Pro Tempore __ Municipal: 0 Full-Time Part-Time

    I. COMPENSATION [reporting individual (I), and spouse (S) or domestic partner (DP); forHonoraria, reporting individual (I) only; see Section I ofInstructions and Rule 3.15(A)(1).]

    __ NONE (No reportable Compensation)

    Date

    Jan-Dec., 2013Jan-Dec., 2013Nov-Dec.,2013

    Name of Pavor

    Loy & Sagehorn, LLC rColdwell Banker f)Loy, Sagehom & Harding,LLC 1

    Payee CLS.DP)

    ISI

    Nature of Activity

    Fonner Law PracticeRealtorFormer Law Practice

    FDR CY 2013 IPage 1

  • II. FEES AND COMMISSIONS [reporting individual (1) and spouse (8) or domestic partner (DP);see Section IIof Instructions and Rule 3.l5(A)(2).)

    ~NONE (No reportable Fees and Commissions)

    Name of Client or Customer Address Payee (1. S, DP)

    Ill. OWNERSHIP INTERESTS [reporting individual (1), spouse (S) or domestic partner (DP),dependent child or dependent step child (DC); see Section rn of Instructions and Rule 3.15(A)(3).]

    . __ NONE (No reportable Ownership Interest)

    Business Name and Address Type of Business(List address only if not publicly traded)

    L & T Partnership I-0Y $'lOMNS~Commercial Bldg. Rental112 W. 4th o o ? ..d'Pittsburg, KS. 66762 ,(,. /' '...

    Description ofInterests Held

    Partnership ?,Held by Whom(1. S. DP. DC)

    I,S

    Farm - Crawford Cty, Ks. Farm Rental Owner 1,S

    T.D. Ameritrade Brokerage IRA I

    IV. GIFTS. LOANS. BEQUESTS, BENEFITS, OR OTHER THINGS OF VALUE [reportingindividual (1). spouse (S) or domestic partner (DP). dependent child or dependent step child (DC)'see Section IV of Instructions and Rules 3.13 and 3.15(4).]

    ~NONE (No reportable Gifts, Loans, Bequests, Benefits. or Other Things of'Valuei

    Recipient ftS,DP,DC) Description

    FDR. CY2013 I Page 2

  • v. POSITIONS [reporting individual (1) only; see Section V of Instructions and Rule 3. 15(A)(6).]

    __ NONE (Nothing to report)

    Name of Business/OrganizationlEntity Address Position Held

    Loy & Sagehom, LLC

    L & T Partnership K112 W. 4th, P.O. Box B, Pittsburg, KS.

    112 W. 4th, Pittsburg, KS. ?Former member

    Partner

    St.Peter's Episcopal Church 306 W. Eucljd, Pittsburg, KS. Clerk,Vestry Member

    Stilwell Heritage & Educational? FoundationKansas Bar Foundation 1200 SW Harrison, Topeka, KS.

    .dChainnan of Foundation Bd.

    /" Trustee

    7th & Broadway, Pittsburg, KS.

    Kansas Bar Assoc. 1200 SW Harrison, Topeka, KS, Chairman Fee DisputeResolution Committee

    VI. LIABILITIES [reporting individual (1), spouse (S) or domestic partner (DP), dependent child ordependent step child (DC); see Section VI of Instructions and Rule 3.15(A)(7).]

    __ NONE (No reportable Liabilities)

    Creditor Person Responsible forLiability (J,S,DP,DC)

    I,S

    I,S

    Description

    ~Commerce Bank

    , HI" University Bank

    Commercial loans

    Unsecured Loan

    Amerian Express {,S Revolving charge

    FDR CY 2013 I Page 3

  • VII. ADDITIONAL INFORMATION OR EXPLANATIONS (Indicate section of Report)

    #~21 ;)J-FI

    Date

    FDR CY 2013 I Page 4

  • Hotel Stilwell Board of Directors

    Our Mission Statement:

    "To preserve the historical structures in Pittsburg and to foster stewardship by educating current and

    future generations regarding the value of such preservations."

    President - Kurtis I. Loy ~

    Vice President - John Kutz

    Secretary - Karen Brady

    Treasurer - Lindsay Smith

    Executive Director - Sara E. Henry

    Other acting board members:

    Laura Carlson

    Kim Vogel

    Larry Black

    Shellie Blevins

    Matt Crittenden

    James Otter

    Marcia Sorrick

  • View more information ...

    Engage your community - connect to news, events and information you care about.

    Sign In

    G of Search

    Government Department Business City Services

    !~ iJ ,,:emr2cnnne Bill p", ~otif't Me f.IaD!(I~nt PPRD O-tlille

    Airport Advisory

    Board of Zoning Appeals

    Building Code Board of Appeals

    City Commission

    Citizen's Advisory

    Economic DevelopmentAdvisory Committee

    Grant Advisory

    Human Relations

    Memorial Auditorium

    Parks & Recreation

    Planning and ZoningCommission

    Public Library Board ofTrustees

    Video Center

    Agendas & Minutes

    Community links

    Municipal Code

    wntact UsEi

    Home> Government> Boards & Commissions> Economic Development Advisory Committee

    Economic Development Advisory Committee-Meetings

    1st Wednesday of the month, as needed, 8:00 am

    Pittsburg Area Chamber of Commerce117 West Fourth StreetPittsburg, KS 66762

    Agendas & Minutes

    AgendasMost Recent IView All

    MinutesMost Recent I View All

    MembersMembership Period: January 1, 2012 to December 31,2015

    Brad Hodson, second term

    Mark Wemer, second term

    Kyle Fleming, first term

    Pat Cedeno, first term