Jiansas ((ommissionon 3htbirial cftuaIifimtions

KANSAS JUDICIAL CENTER301 SWI01lllK AVE., ROOM 374

TOPEKA, KANSAS 66612785-296-2913 judicialqual@kscourts.org

COMPLAINTAGAINST A JUDGE.

The Conunission only bas authority to investigate all~tions of judicial misconduct Of" disability bypersons holding state judicial positions.. The Commission bas no jurisdiction over and does notconsider complaints against federal judges, lawyers, law enforcement and detention center officers,district court clerks, and court personnel.

'The Commission does not act as an appellate oomt and C2IBOOt: review,. reverse, or modi:tY a n~decision :made by a judge in a oom1tpmcn=clImg Pkme reftew Uhe atXOiiDplIIBllJUang bmdmre whidlndescribes the functions of the Commission. Note in particular the examples of functions which theCommission cannot perform.

Please Note: Complaint form must be typed or legibly band-printed, dated, and signed before itwill be considered. Complaint forms may be submitted by U.S. Mail or scannedand submitted bye-mail

I. PERsoN MAKING THE COMPLAINTEric M Muathe

FuUName

1410 Bitner TerraceMailing Address

Pittsburg.~,66762T~NummrJlm:

PIefi:ntd Melhod of Communication: __ U.s. Mail ~ E-MailE-mail address

II. JUDGE AGAINST WHOM COMPLAINT IS MADE

Judge Kurtis L Loy Crawford

FullNamc County or City

Supreme Court Justice Court of Appeals Judge------LLDis1rict DistrictMagistIatc Municipal__ Pro Tempore 0Iher _

Page 11

ill. COURT CASE INFORMATIONIf the complaint involves a court case, please provide:-Case Title: Fifth Third Bank v. Eric M. Muathe

-Your Relationship to the Case: Plainti:fflPetitioner

----~---------------------------------

Case Number. 20 12-LM356-P

." DefendantlRespondent

IV. STATEMENT OF FACTSIn the following section, please provide all specific facts and circumstances which you believeconstitute judicial misconduct or disability. Include names, dates and places which may assistthe Commission in its evaluation and investigation of this complaint

PLEASE SEE ATTACHED DOCUMENTS

If additional space is required, attach and number additional pages.

Page IZ

v. ATTACHMENTSRelevant documents: Please attach any relevant documents which you believe directly supportyour claim that the judge has engaged in judicial misconduct or has a disability. Highlight orotherwise identify those sections that you rely on to support your claim. Do not includedocuments which do not din:ctly support your complaint, for example" a copy of your completecourt case.

*Keep a copy of all documents submitted for your records as they become the property of theCommission and will not be returned. *

In filing this complaint, I understand that:

The ColDIIIission's rules provide that aD proceedings of the CoJDJDission,including complaints filed with the Commission, shall be kept confidentialunless formal proceedings are filed. The confidentiality rule does not apply tothe complainant or the judge against whom a complaint is filed.

~ The Commission may find it necessary to disclose my identity and the existenceof this complaint to the involved judge. By filing this complaint, I eIpresslyconsent to any such disclosure-

VI. SIGNATUREIdeclare that to the best of my knowledge and belief: the above infonnation is true" correct and

complete and submitted of my own firewill.

1012312014Date Signature

Page 13

11thJudicial District Judge Kurtis I, Loy of Crawford County tells other litigants

and the public at large:

ItI do not accept assignment of cases involving my former law partner"

This is a blatant bold-faced lie and extremely, disturbingly, unethical since I have filed

3 (three) motions (including two with affidavits) for Judge Kurtis Loy to recuse himself

(including one hearing specifically on the my motion for him to recuse himself) due to his

personal, business and legal representation relationship with attorney Mark A. Werner

(among other ronflid of interest issues) and Judge Loy has refused to disqualify himself

Judge Loy also denied my change of venue motion even though he readily recuses himself

when other litigants file a motion for change of venue for minor issues.

Why is the Judge lying on record to litigants and general public at large?

(a) Exlu'bit -.0.3-. JudgeLoys response to my first motion to recuse due to his ronftict:of

interest with Mark A.Werner due to prior business partnership and the fact the Mark

Werner was ALSOthe attorney for Judge Kurtis Loys father.

(b) Exhibit "EM7". My second motion to disqualify Judge Kurtis Loy due to new conflict of

interests with former partner Mark A Werner, plus affidavit in support.

(c) ExhibitAA Aletter from Judge Kurtis Loyto Judge Watcher dated July 24th, 2014 in

Crawford County Case No. IlDM136P upon which in paragraph 2 Judge Loy is asking to

recuse himself due to a prior relationship with a litigant when the litigant was a

Page lofS

teenager some -25 years ago, yet the litigant had NOT filed a motion for

disqualification.

(d) Exhibit EE, Page 3 and 4. Another letter from Judge Kurtis Loy to Judge Watcher dated

August 21, 2014 in Crawford County Case No. 2014VC7P where in page 4 paragraph 2

Judge Loy states: "I do not accept assignment of cases involving my former law

partne as Judge Loy is again asking to recuse himself even when the litigant had NOT

filed a motion for disqualification.

Ihad made an ethic complaint previously on Judge Kurtis Loy for a "conflict of interest"

with former law partner Made Werner from -Loy, Werner, and Tomassi", Ialso filed

MULTIPLE motions for change of judge and Judge Loy still refused to recuse himself stating

that "his relationship with Made Wemerwas old enough that it was not a conftict of

interest anymore.

Judge Kurtis Loy contradicts himself Ihave included a recusalletter from Honorable

Loy to Dustin Blair in case number No. llDM136P showing that Honorable Loy recused

himself voluntarily from a "metion for change of venue- because Mr. Blair at the time he

was 14 years old was friends with Judge Kurtis loy's same age teenage son and was on an

all star baseball team over 24 years ago.

Why would that be a reason to disqualify himself (when there was NO motion to

disqualifY) from a case and not the fact that his fonner law partner and him used to make

Page 2 of 5

thousands of dollars together and the fact that they teamed up to defend Loy's dad at some

point

I was so disturbed at the lack of due process and biasness and prejudice that I received

from Judge Loy in case number 2012LM356P.

Since I was cheated by Judge Loy because of the relationship with his good friend

attorney Mark Werner I have been spending my free time researching cases where

Honorable Loy is the judge to see is other people have been receiving the same kind of

impartial biasness and prejudice that I have faced

Iwas very surprised to see case number CaseNo. 2014VC7P Travis Carlton v. Toby Miller

and that Chief Judge Wachter filed an ORDER- from an ethic complaint Mr. Carlton it

seems just filed an ethic complaint and Judge Loywrote to Judge Wachter to ask him

permission to leave the case or not Why would he be needing to ask Judge Wachter that

when Judge Wachter used to own "Wilbert, Towner, Lassman Wachter, Fleming, and

Toburen L..L..c."and he should not be able to hear any cases from his past law partners or

"assign any cases" that have to do with Wilbert and Towner because he previously owned it

and his brother is the current managing partner.

It seems that the letter that your rommission wrote to Judge Loy indicated that he

needed to review rules on how to get his finances in line when becoming a judge from the

letter he received in September of 2013. Healso lies and says that'" do Dot accept

judicial assignments from my past law partners". Isn't Mark Werner his past law

partner? Ifhe does not accept assignments from his past law partners, why does Judge

Page30fS

Wachter get to assign cases involving his past law partners??? If a judge has an economic

interest or conDict of interest in a case he should not be able to assign or hear any matter

involving a past law partner.

After reviewing Judge loys financial disclosure report that was filed in case number

2014VC7P by Chief Judge AJ. Wachter it made me wander if in fact the L&TPartnership

involves more people that it states. I am very curious if Mark Werner, Tomassi, Sagehorn,

or in fact any other lawyer or banker are partners on that partnership.

I don't think judge LDyshould have heard my cases for the following reasons:

1. Conflict of Interest =Mark Werner former law partner and dad's defense attorney.

2. Debt collector = Judge Loy and previous or "current partners- Sagehorn and Loy" as a

debt collector he should have known that corporations charge off and sell the original

contract to other debt collectors which could possibly change who the "Real Parties of

Interest Are".

3. Property = owns property that could be conDict as a judge on a debt collection case.

4. Conflict of interest = Mark Werner represented Judge Loy's father in a lawsuit (andmay be on other occasions) which has a way more of an economic impact than a recreation

14 year old all star game.

5. Lying and being dishonest = fiat out lied and said he does not accept judicial

assignments from previous law partners and I have included the evidence that he said it

Page 40fS

and he has refused to leave my case where Mark Warner is the attorney and a former law

partner.

6. Should have had all his property in line and in proper order before he ever heard a

debt collection case as a judge.

7. Confidentiality Rule 607(a) says that "Allcomplaints, investigations, reports,

correspondence, proceedings, and records of the commission shall be private and

confidential".

8..Mark Werner presented Judge LDywith an award in late 2010 as seen by Exhibit

"PSU I".

Therefore, Iwould like a thorough investigation into this matter and at least warn Judge

Loyand Wachter to read the rules relating to judicial conduct like Judge Loywas advised in

the Carlton complaint because Rule 2.11(A) bas been violated by both Judge Wachter and

Judge Loy in Fifth Third Bank vs. Eric Muathe and Travis Carlton vs. Toby Miller Vapor Stop

LLC.

Why is Judge Kurtis Loy lying on record to litigants and general public at large

and being biased and prejudiced agaiMt other litigants -like myself!

DOES JUDGE KURTIS LOYACCEPT ASSIGNMENTS OF HIS FORMER LAW PARTNERS????

Sincerely,

Eric Muathe

Page 5 of 5

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Crawford County Judicial Center602 l'lOJth loaIs1>itb. i.me,grity.impartiah~) and competence is impaired.

]-t I di5a~iee and reference the response above in answer to 13. Under areasonable person standard there should be no issue.

15, 16, and J 1.Again a reasonable person standard should not prevent me fromhearing Mr. Muathe's case, or any other case in which Mr. Werner is an opposingatrome}T.

Mil. M~ lIn.OO.~ lllblm: Ibe ~...!lBllmedb.efm:re~ W'.l:mcr' em1t~ hisappearance. The request of'Mr. Muathe is vert broad in that he is asking in paragraph 9that I be disqualified from all cases now and forever involving allegations of forged,altered or fraudulent promissory notes OT retail installment contracts or ~,.A'..a.rkA. Wern.cras an attorney.

I still believe that there is no valid reason to disqualify me from hearing this case.

Because an affidawit has been fileli I am forwarding for your consideration aOOdecision,

Yours truly,/ --...,.r- .

flt1.;;-t2;C:7:7r-~Y-'\'"" -~'-J.j r-..:{-- __Kurtis I. Loy (JDistrict Judge

IaL:maf

cc: Hon. Oliver Kent Lynch (wJenc)-Eric M. MuatheMark A. Werner

FILEDDiTIIEmmncrmmrrOFOb\WfOBPpn~

FIFTH THIRD BANK

Plaintiff, J)

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Ci [Rot(iF 0I5~. CIK~h'CRAWfGi

1. On January 24th. 2014 at 2:30 PMCSTAffiant went to court for a scheduled pretrial

conference.

2. :/:An obvious conflict of interest between Judge Kurtis Loyand Plaintiffs new attorney

Mark A Wemerwas estabhshed and this \Vas NOTrevealed to the Affiant.

3. Judge Kurtis Loy is being unethical because between 1993 and 1995 Mark A.Werner was a

fellow partner with Judge Kurtis l..oyat -toy, Tomassi &Werner, P.A, Pittsburg. KS-.

4. Exhibit 16M" is a print out from attorney Mark A.Werner's own website home page - aka his

bin. On top of page three of this print out (Exhibit aM-) shows that Mark A Werneradmowledges that he was a business partner and colleague of Judge Kurtis Lo.Y.

''II, 5. Not only were Judge Kurtis Loyand Plaintiffs attorney Mark A Werner business partners.

Mark A.Wemerwas (at least in one incident) Judge Kurtis Loy's own defense attorney as

Mark A Werner represented Judge Kurtis Loy in Deere & Co. v..Kurtis 1 Lay. 872 F. Supp. 867

[D. Kan. 1994) - SEEEXHIBIT"D",Representing Kurtis Loy other than himself were Mark A

Werner. and Reina J- Holtman from the law firm Loy.Tomassi &Werner, PA

6. This is a conflict ofinterest for Mark A Werner to even go in front of Judge Loy and both

Mark Werner and Judge Loy know this is a ronflict of interest as well Neither Judge Kurtis

Lay nor Plaintiffs alleged attorney Mark A Werner disclosed to Affiant their past and/or

present business or personal relationship( s).

7. "lbfts case also involves allegations byAffiant of a falsified and forged retail iDsbUment

contract and security agreement produced by Plaintiff or Plaintiffs previous Attorney

Pendleton and Sutton LLC Compare signatures and parties attbe bottom of pages one and

two of EXHmIT -a".

~'~";:;'

Affiant feeDshe mil not get a fair trial given the fad:that Ju. iCmtis toy is presiding over

this case which has to do with an alleged fraudulent Promissory note or retail installment

agreement and .Kurtis Loy's son-ill-law (1) - Stan Gavin - stole dose to a million dollars as

seen in Deere &Co.v. toy, 872 F.Supp. 867 (D.KalL 1994) Stan Ciavitt during the course ofoperating the dealership, executed and caused Deere to accept numerous false and fraudulent

promissory notes Qndll!l:ail installment amt:mr:ts. These notes QJldcommas bore forged:s:ign.atlITe:s indudine the forged sigfiJltHre ofU lDy. The submission ofthe5le fraudulent notes

violated the terms of the dealership agreement and security agreements with Deere.-Judge

Kurtis I..oy was a defendant in the above referenced case.

9. Judge Kurtis Loy should recuse himself from this and for that matter any other case that

has issues of forged. altered or fraudulent promissory notes or retail installment contracts

due to possible confficts of interest.

10.Affiant does not believe he can get a fair trial in front of Judge Kuris Loy when he himself

was once a Defendant on a case that involved his signature being on falsified retail

installment contracts and promissory notes.

lL Affiant does not believe he can get a fair trial in front of a Judge whose brother in law (?)

and uvho the judge was the gua:rantor \as found guilty of defrauding Deer Corpor.ation

dose to a million dollars by way of falsified and forged retail installment contracts and

promissory note.

12. There is a conflict of interest that arises also from the fact that Judge Kurtis Lay and

Plaintiffs attorney Mark A.Werner both made campaign elections contributions to the

same political candidate. SEE EXHIBITC".

13. Affiant believes that this is a conilict: of interest and a violation of Rule

2.11{A){1 ) (2)(b )( c)(3). Judge Kurt Loy and Mark Werner both owned LOY.TOMASSI &

WERNER. P.A.and both benefitted financially. Ac:cordingto Rule 211 this violates 211(A)

A judge shall disqualify himself or herselfin tmyproceeding in with the judge's impartialif:y

might rmsooably be questioned, including but not limited to the following dn::umslmIc:es: (1)

The judge has a pe1'S'Ooolbias or prejudice concerning a party or a party"s lawyer. or personalknowledge of facts that are in dispute in the proceeding-

(2) The judge knows that the jud~ the judge's spouse ordomestic partner, ora person lvithinthe third degree or relationship to either of them.OT the spouse or domestic partner of such aperson is:

(b) D.Cling as a lawyer in the proceeding;

(3) Thejudge /mows thathe orshe" individHm1lyoras a.Jiiiurimy.or thejudge-s~

domestic partner, parent, or child, or any other member of the judge's family residing in the

judge's household. has an economic interest in the subject matter in controversy or in a partyto the proceeding.

14. The pure simple fact that Mark Werner and Kurt Loy were business partners violates the

following "'RULESRELATINGTO JUDICIALCONDUCT"" RULE L2 Promoting Confidence in

the }udiidary, Rule U(l){l) impartialifly;md Fairness. Rule 23(A}(clBias. Prejudire, and

Harassment. Rule 2.4(B) External Influences on Judicial Conduct, Rule 2.6(A) Ensuring the

Right to Be Heard. Last but not least due to the simple fact that Judge Loy definitely

violated Rule 2.4{B) which says "A judge shaH not pennit family, sociol: political, Jinanci.cd, or

other interests or relationships to influence the judge's judicial conduct or judgment': Affiant

befieves other interests or relationships would indude dose friends and past business

partners,

15. Rule 2.7 Responsibility to Decide says UA judge shall hear and decide matters assigned to thejudg~ except when disqualification is required by Rule 2.11 or other law."

16.Affiant alleges and believes that the judge to whom this action is assigned to cannot ANDHAS ALREADY FAILED TO aIfurd Affiant a fair trial AND DUE PROCESS in this action.

17. The pretrial conference held on January 24th, 2014 at 2:30 PM CSTwas a violation ofAffiants due process, How could affiant get a fair trial when the judge's own former

"'if personal lawyer and business partner is the opposing attorney?

interest.

Further Affiant says not.

I

I hereby certify that on this ~ day of .t;~')'J' G '4't.2014, AD .a man appeared. withproper identification, to attest and affinn that he is the m executing the foregoing AFFIDAVIT byhis hand.

I, therefore,. set forth my band and seal in affirmation thereof of the execution thereof

NOTARY PUBLIC Date

My commission expires on Q t{ 10 ;) Ii5I /

WHEREFORE. Affiant respectfully request that the Court grant its Motion for

Disqualification and recuse itself from proceedings in this matter.

" r..~v~'CKfiflCATE OF SERVICE

I certify that on February 6th. 2014 the foregoing was mailed to the following address:

LAw OFFICti OFMARRA WERNER

201 S. BRoADWAY S'rREIIT StJm; C

PITTSBURG, KS 66762

I certify that on February 6th" 2014 a ropy the fomgoing was personally delivered and

dropped off at Judge KURTIS LOYs office.

OJ

-

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Home ,., Press and Media ,. Community Campaign celebrates 25th year

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Community Campaign celebrates 25th year

03/09/2010

PSU President Steve Scott presents Wendell and Lynda

WnlkillllSOIlllwi1I:hthe Rex Crowley Awall'd for their serviceto PSUand the Pittsburg Community.

Pittsburg State University is celebrating its 25th year of partnering with area businessesduring the 2010 Community campaign, which kicked off with a breakfast March 9.

More than 30 area businesses were remgnized for continually supporting the university

since the campaign first began back in 1985. The breakfast, which marks the beginningof the two-week: campaign, featured this year's campaign co-chairs: Elaine castagno,co-owner of Jim's Steakhouse and a finandal planner- with University Bank.. all1ldMarkWemelr. president of attiizero's 6anilc..

"You don't have to look far to see how important the university is to the community,"Werner told the crowd of 150 business members and university supporters gathered for

the breakfast. "'There are a lot of people around the state that would kill to have this

kind of economic driver in their community.

The businesses recognized indude American Concrete Company; Arma Drug; Bank ofAmerica; Bath Naylor Funeral Home; Bob Dittmann Insurance Agency; 8IrelrlunerMortuary; Citizens Bank; CoIdweJI Banker Jim Bishop Ii. Assotiates; CoomI1J1lelrl:e Bank;

Cronister Ace Hardware; Jim"s Steak House Ii. Lounge; Jones Heritage, Realtors; Kansas

Teadlers Community Credit Union; Kiwanis aub of Pittsburg; Undburg Pharmacy; Loy

Law Rrm, LLC; M&I Bank; Marrone's; The Medicine Shoppe; Menghini Bros. Distributors; II

ED~\\o\-\"~~u1..~1I:l..

Midwest Minerals; Miller's Professional Imaging; NPC International; Otto's Cafe; Pepsi-

Cola Bottling Company; Pitsco; Pitt Plastics; Ron's Supermarket; Rotary aub of

Pittsburg; Rua Insurance Agency; Treble aef aub; Wendy's Old Fashioned Hamburgers;

and Wheeler & Mitchelson.

Not only have those businesses been consistent financial contributors to PSU, but theyhave also hired graduates, offered internships, and been engaged in the university"s

wltural and community offerings.

At the breakfast, the Rex Crowley Award was also presented to Wendell and LyndaWilkinson, longtime supporters of Pitt State who have provided years of service andleadership to PSUand to the community. Both knew Crowley, a Pittsburg banker and

one of the first members of the business community to volunteer his time for PSU

fundraising, through their individual work in the banking industry.

Foil"more information on giving to the Community campaign, contact UniversityDevelopment at 620-235-4768.

---Pitt State---

(92005-2009 Pittsburg State University

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