The Morning Sun

701 N. Locust

Pittsburg Ks 66762

November 18, 2017

Dear Editor of the Morning Sun:

I recently came across the Columbus paper on the 4th of November with the headline (Lynch named
Chief 11th District Judge). It shows a picture of Oliver Kent Lynch who is taking the place of AJ, Wachter
of Pittsburg Kansas. It states that IIhis appointment follows the resignation ofChiefJudge A.i. Wachter
earlier this week". It also says that Wachter is retiring in December and that he announced his
retirement earlier in the week. I don't understand why the Columbus paper has already reported this
and The Morning Sun has not reported it even though AJ. Wachter is from Pittsburg and Pittsburg is
bigger than Columbus.

I also have included the (REAL REASON) why chief judge AJ. Wachter resigned approximately around
October 27, 2017 is because I had made an unethical complaint against him in docket number 1332, In
the Matter of A.J. Wachter where he received a "private order of cease and desist regarding delay". It
also says that "the commission's findings and conclusions are proposed findings and conclusions. Judge
Wachter, in accordance with Supreme Court Rule 611, has 20 days after service of the order to either
accept or refuse the order. If accepted, they become the Commission's findings and conclusions. If
rejected. they will have no effect and a Notice of Formal Proceedings will be filed.

The committee met on October 6, 2017 and AJ. Wachter accepted the proposed cease and desist order
from the Commission on Judicial Qualifications and he resignedl!! I have included what a cease and
desist order is from the Commission on Judicial Qualifications which is the place where a judge in Kansas
gets complained on for being unethical.

The committee's 2015 annual report says "Disposition of Docketed Complaints" It says that a letter of
informal advice may be issued if the investigation did not disclose an ethical violation but future
direction would be beneficial to the judge. A letter of caution may be issued if the investigation
disclosed an ethical violation which was too minor to warrant further proceedings. The committee then
states that "a cease and desist order may be issued when the panel finds factually undisputed violations
of the Code which represent a continuing course of conduct. The judge must agree to compl" by
accepting the order, or formal proceedings will be instituted"l1

Judge Wachter resigned because he was unethical and he violated the code of judicial conduct and
received a cease and desist order for delay. I have also included the docket complaint by Julie Stover-
King in docket number 1334, In the Matter of AJ. Wachter where the committee says lilt was the
decision of the Commission to issue a private order of cease and desist regarding delov. It was further
 the decision of the Commission to find no violation as to the remainder of the complaint as there were
no facts establishing reasonable cause to support a finding that the judicial code had been violated. The
committee admits in the response to Julie Stover-King that the issue on delay was an (UNETHICAL
VIOLATION). I have also included another docketed complaint from Fred Grable in docket no 1331, In
the Matter of AJ. Wachter where he also made a complaint where A.J. Wachter received a private order
of cease and desist regarding delay.

I would like for your newspaper to print the (TRUTH) about chief of the ri" district A.J. Wachter
resigning now and not wait until December of 2017 to write about a fake retirement party on a chief
judge who resigned due to an ethical violation.

I also have included the article written by Colleen Willamson of the parsons sun in Parsons Kansas on
July7, 2017 that is titled (Colleagues honor retiring district judge) on judge Robert Fleming. Why didn't
the Morning Sun print this article as well but Parsons did when Robert Fleming is an 11th district judge
and the 11th district includes Crawford County?

It seems that the Morning Sun is not as concerned about the judiciary in the n" district like smaller
towns such as Parsons and Columbus when Crawford, Cherokee, and Labette County are all in the n"
judicial district.

This information is (FRONT PAGE NEWS IN PITTSBURG) and it is time that the people found out the
truth.

I sent the responses from the commission on judicial qualifications that were sent to myself, Julie
Stover-King, and Fred Grable in accordance with Kansas Supreme Court Rule 607{c) under
Confidentiality where it says "The rule of confidentiality does not apply to the complainant or to the
respondent. See Rule 607 (c)."

'- S~rely, fJ. I /~

74m~ .~jfi>-
Thomas Wa ters

213 E. Carlton

Pittsburg Kansas 66762

;. ..te ~O- 7t:n/'1tt a 7

 ([omtniggion all 3'!ubiria{<!lualificatiolts
KA~SAS JUDICIAL CE)';TER
301 SW TE)';TH AVE., ROm.'l 374
TOPEKA, KA~SAS 66612
785-296-2913
judicialquaJ@kscourts.org

MEMBERS OF :'\o\'ember 13,2017

PANELA

Thomas Walters
CHAIR:
213 E. Carlton
Brenda ,\1. Cameron
Judge ~lember Pittsburg, Kansas 66762

VICE-CHAIR: Re: Docket No. 1332, In the Matter of A. J. Wachter

James S. Cooper
~ on-Lawyer :\Iembcr
Dear Mr. Walters:
Terrence J. Campbell
Lawyer ~lember

Robert w. F.lirchild
Judge :\rembe~

:-\orman R. Kelly
Lawyer Xlernber

:\1ary B. Thrower
J udge Member

Rep. \ 'aldenia C. \'\ '11111

::-':on-Lawyer :\fember
SECRETARY:
Douglas T. Shima
Once a response to the proposed cease and desist order has been received from
Judge Wachter, you will be notified. Thank you for your continuing patience as the
Commission does its work.
Cordially,

~~7~
Secretary

nun
 state of It{ansas

(:Ollt111ission on 3Jttbirial ~ualifi(ations

K-'.,>;s:~s ]LDlClAL CENTER
301 S\\- TE'>;TH AVE., ROo}"1374
TOPEKA .. K-\SSAS 66612
785-296-2913
judicialqual g'kscourts.org

MEMBERS OF ~O\'ember ' 3.2017

PANEL A

Fred Grable
CHAIR:
Brend.i .\1. Cameron
P. O. Box 101
>dge .\lember Opolis, Kansas 66760

VICE-CHAIR: Re: Docket No. 1331, In the Matter of A. J. Wachter

James S. Cooper
~ on-Lawver ).femoer
Dear Mr. Grable:
Terrence T. Campbell
Lawyer Xlember The Commission met October 6, 2017, at which time the above-captioned
complaint was considered. was e Clecision of the Commission to issue a TlV te
Robert W. Fairchild ~iP""..,.w~ase and desist regardmg I '.
Judge ~Iember

::-':-orman R. Kelly The Commission' s findings and conclusions are proposed findings and
Lawyer :'Iember conclusions. Judge Wachter, in accordance wit u rerne Court Rule 611 has 20 days
service of the order to either accept or refuse t e order. If accepted, they become
\IalT B. Thrower
~,p4""R'im~mission'sfindings and conclusions. If rejected, they will have no effect and a
Judge :'iember
'Nice of F olmaf Proceedings willl:5e filed.
Rep. \ -:Ildenia C. \'\'1I1n
on-Lawver :'-.Iember
::..;:
Once a response to the proposed cease and desist order has been received from
Judge \\'achter, you will be notified. Thank you for your continuing patience as the
SECRETARY:
Commission does its work.
Douglas T. Shima
Cordially,

2~/.~
Secretary

MEMBERS OF
PANEL A
CHAIR:
Brenda .\1. Cameron
Judge ;"lember
VICE-CHAIR:
James S. Cooper
:--.;
on-Lawver :-Iember
Terrerice]. Campbell
Lawyer :-Iember
Robert \\'. Fauchild
Judge :-lember
:--';onnan R. Kelly
Lawver Xlernber
::'liar)' B. Thrower
Judge ::'Iremher
Rep. Valdcru. C \\11111
::-';on-Lawyer ::'Ilember
SECRETARY:
Douglas T. Shima
~tate of lizal1sas
<Connnission on 31ttbicial canalifirations
KA~SAS JcmCIAL CE~TER
30 I SW TE:--;n-IAVE., ROo\l 374
TOPEKA, KA~SAS 66612
785-296-2913
j udicialqual@kscourts.org
~o\'ember 13. 201 ~
Julie Stover-King
303 S. Jefferson
Frontenac, Kansas 66763
Re: Docket No. 1334, In the Matter of A. J. Wachter
Dear Ms. Stover-King:
The Commission met October 6, 2017, at which time the above-captioned
complaint was considered.
The Commission' s findings and conclusions are proposed findings and
conclusions. Judge \\'acnter. in accordance with Supreme Court Rule 611. has 20 days
after service of the order to either accept or refuse the order. If accepted, they become
the Commission's findings and conclusions. If rejected, they will have no effect and a
Notice of Formal Proceedings will be filed.
Once a response to the proposed cease and desist order has been received from
Judge Wachter, you will be notified. Thank you for your continuing patience as the
Commission does its work.
Cordially,
~
D ISPOSITION
COMPLAINTS
OF DOCKETED
After investigation of docketed
complaints, the panel may choose a course of
action short of filing formal proceedings.
A complaint may be dismissed after
investigation. On docketing, there appeared
to be some merit to the complaint, but after
further investigation the complaint is found
to be without merit.
A Jetter of informal advice may be
issued if the investigation did not disclose an
ethical violation but future direction would
be beneficial to the judge. A letter of caution
may be issued if the investigation disclosed
an ethical violation which was too minor to
warrant further proceedings.
Examples of conduct resulting in
cease and desist orders include: activity on
behalf of a political candidate or continuing
to handle matters in a case in which the judge
has recused.
Upon disposition of any docketed
complaint, the judge and the complainant are
notified of the panel's action. Other
interested persons may be notified within the
panel's discretion.
CONFIDENTIALITY
The panel assigned a complaint
conducts investigations, often contacting the
judge involved as well as witnesses. The
Commission and its staff are bound by a rule
of confidentiality unless public disclosure is
permitted by the Rules Relating to Judicial
Conduct or by order of the Supreme Court.
See Rule 607(a). One exception to the
confidentiality rule exists if the panel gives
written notice to the judge, prior. to the
judge's acceptance of a cease and desist
order, that the order will be made public.
Rule 611(a).
Other narrowly delineated exceptions
to the rule of confidentiality exist. Rule
607(d)(3) provides a specific exception to the
rule of confidentiality with regard to any
information which the Commission or a
panel considers relevant to current or future
criminal prosecutions or ouster proceedings
against a judge. Rule 607 further permits a
waiver of confidentiality, in the
Commission's or panel's discretion, to the
Disciplinary Administrator, the Judges
Assistance Committee, the Supreme Court
Nominating Commission, the District
Judicial Nominating Commissions, and the
Governor with regard to nominees for
judicial appointments.
 ~i~iSnk~~~~~-'~~3
and archived for later
viewing. .
• . Colum~us City
Council meet m ~unCIl
• Chambers of City Hall
at 6:30 p.m. This meet-
fig will be live streamed
over citvlinktv.com on
the News Report Chan-
nel and archiwd for lat- .
." '~~ a- ena 1 y 0 'h-
cil meets at 6 p.m. in the
Galena City Hall.
• Purcell Chapter of
the Order of Eastern Star
110 meets at 7 p.m. in
the Columbus Masonic
Temple
• Relay For Life
meets at 6 p.m. in the
Labette Bank.
• Quilt Club meets
9:30 a.m. in First Chris-
tian Church.
• Cherokee County
Health Department Flu
Shot Clinic 8:30 a.m.
to 11:30 a.m. and 12:30
p.m. to 4 p.m. at the
Health Department.
• Boy Scouts meet
in Methodist Church
Basement at 6:30 p.m.
• City, a the 1
Board and School Board
Election with polls
opening at 7 a.m. and
closing at 7 p.m.
• Cherokee County
Economic Development
Board meets at 6:30
p.m. in the Economic
Development office at
201 E. Pine.
I
,
• Exercise Class at
Cherokee County hospi-
tality Center. 516 North
Kansas Avenue Colum-
bus. 4:30 to 5 p.m.
: DEATHS
•
-Lynch named Chief 11th District Jud~e_
The Kansas Supreme
Court has appointed Cher-
okee County District Judge
Oliver Kent Lynch Chief
Judge in the 11th Judicial
District.
lH"l~s':"-a---:----"'"
two-year term"·
next year.
Lynch has served as a
district judge since 2005.
presiding over cases in the
II th Judicial District com-
prised of Cherokee. Craw-
ford. and Labette counties.
"We are glad that
Judge Lynch agreed to
serve as chief judge, pro-
viding continuity in ca-
pable leadership in the
11 th Judicial District," said
Chief Justice Lawton R.
Nuss in announcing the ap-
pointment.
"I am honored at the
Supreme Court's confi-
dence in me. Ilook forward
to working more closely
with our wonderful staff,"
Lynch said.
Lynch succeeds Judge
Wachte s chief 'ud e in
udiciaI sm.
Wi~~D'1~tmJt'1irIJ~-
io.......J.o.~h is a native of
Baxter Springs and gradu-
ated from the University of
Kansas and the KU School
of Law. Before his appoint-
ment to the bench, Lynch
was in private practice. He
also previously served as
Baxter Springs city attor-
ney and Cherokee County
attorney.
~7--""" - ~;~
l'
.
~.
Ofwer Kent Lynch
Each of Kansas' 31 ju-
dicial districts has a chief
judge who, in addition to
his or her judicial respon-
sibilities, has general con-
trol over case assignments
within the district, as well
as general supervisory au-
thoritv over the administra-
rive and clerical functions
of the court.
ac ter announc
. IS retirement earlier in e
"eel. This will create
peniIrg 0 e he~u·.~u,1!.c found burning
11th Judicial Dis c.
Judges in the lith Ju- near river
dicial District are appoint-
ed through a nonpartisan,
merit-based selection sys-
tem. The district's judicial
nominating commission
will announce when it is
accepting applications for
Wachter's successor. After
interviewing candidates,
the commission will for-
ward the names of three to
five finalists to the gover-
nor. who will appoint the
next judge.
-:
;.>1-~~
Before being named to
the bench, Wachter was in
private law practice from
1969 to 2002. He gradu-
ated from Pittsburg State
University and Washburn
University School of Law.
He served in the U.S. Army
Reserve from 1961 to 1969.
He is a former president of
the Crawford County Bar
Association.
Stolen truck
A 2000 Ford F-350
was found burning at the
edge of Spring River in Ri-
verton, Tuesday.
Cherokee County
Sheriff's deputies were
able to make contact with
the owner from Jasper
County, who hadn't yet re-
alized his vehicle had been
stolen.
Investigators are fol-
lowing up on leads with
regard to suspects.
Arrest made
in pedestrian-
auto deaths
Colleagues honor retiring district judge

Colleen Williamson/Sun photo

Fleming Retirement
Retiring 11th Judicial District Judge Robert Fleming speaks to the many family members. friends. colleagues and co-workers who gatllered for his retirement celebration Friday
at the Parsons MLlnicipal Auditorium. His final day is July 14.

Posted: Friday, Juty 7, 2017 5:51 pm

By Colleen Williamson cwilliamson@parsonssun,com I 0 comments

Family, friends, co-workers and peers gatheredFriday to celebratethe 21-year careeron the bench of 11th Judicial District JudgeRobert Fleming as he officially
retired.
Fellow 11th Judicial District Judge Lori Bolton-Fleming read from two pages that her father-in-law provided of the names of people he has enjoyed
working with the last 21 years, including judges from various districts, retired judges and the Labette County District Court staff.
"He's always said the best part of his job is the people: Bolton·Fleming said. "He's just enjoyed the people so much:'
Kansas Supreme Court Justice Lee Johnson was at the celebration in both a personal and a professional capacity.
"Shortly after I went on the Court of Appeals in 2001, I met Bob and had th~sure
--.Boo ---.
of sitting with him to hear appeals when he was assigned to
the Court of Appeals. We served on the Executive Committee of the Kansas District Judges Association at the same time, and we did socialize at
jucTIClalcomerences ... which allowed me toget to know liim pretty well, pretty quiCkly, and I discovered Is truly one of the good guys both
professionally and personally," Johnson said. "I'm honored to not only have him as a colleague, but I feel privileged to have had him as a good
friend, so it's a particular pleasure for me to be hereTciday." -----
T~is friend Fleming, Johnson presented a certificate of retirement in appreciation of his "years of outstanding service to the Kansas Judicial
System and the people of the State of Kansas."
"I'm always embarrassed when I present one of these to a district judge because it seems to me to be a rather paltry symbol of the sacrifice and
dedication that these people give to the state of Kansas. You know the district court is where all the heavy lifting happens. I suppose there is some
prestige in being a judge, but where I come from In Caldwell, America. they would say, 'Prestige don't feed the bird dog: So it takes a person
committed to the public service to be in this job.
"Bob has gone above and beyond and served the entire judicial system in the Judicial Qualifications Commission, VOlunteering to sit with the Court
of Appeals, volunteering for special assignments, so he's truly been a public servant throughout the whole state.
"Alii can say, Bob, is I wish I had a gold watch or something more substantial for you, but I would say the sentiments on this certificate are heartfelt
by me, by my colleagues and by the others in Topeka, and we truly want to thank you for your service and we wish you the best in your retirement."
Fleming's son, Mike Fleming, said about two years ago his father was considering retirement, the first he had heard his father considering the
matter.
"last year, he announced he was going to resign in 2016. In fact. June 3 is the date he had picked, The closer we got to June 3, I sensed some
uneasiness in him, so finally I said, 'Have you notified the court? Have you decided to officially resign?' He said, 'No, I'm not going to. I'm not ready. I
don't want to quit. I like what I'm doing, and I like who I ~m working with.' So, I think the fact he has waited to this point is a testament to who he
works with," Mike Fleming said. "He enjoys the job of selving on the bench. He's been on 21 years ... I think part of It ls, dad has always worked.
He's always had a job since he was a young boy, and hE!delivered newspapers in the morning, and I think working is just part of his fabric."
Fleming graduated from Pittsburg High School and was first in his family to go to college, attending PittSburg State University, where he graduated in
1964. He then graduated in 1968 from Washburn univetity School of Law and returned to Pittsburg, where he began working as a civil attorney
with John Towner. Fleming became a partner, creating Towner and Fleming. The practice later merged with another to become Wilbert and Towner,
a flourishing law firm. He practiced law for 28 years until he was approached with the idea to consider applying for the position being vacated by
retiring Judge Charles Sell. He was appointed a district court judge in 1996 by Gov. Bill Graves.
Speaking again to all the capacities in which his father has served the judicial system through the years, Mike Fleming said, "He didn't do them
because they paid money; he did them because he felt compelled to serve. J think again that says a lot about him and his willingness to give back
and leave things better than he found them.
"We probably all have different definitions of what a successful person is. Some may think success is money earned or awards given. My definition
is probably not quite that. It's 'Did you do your part? Did you leave things better than you found them? Did you serve the greater good?' Regardless
of what your definition may be, I think we would all agree yours has been a successful career; he said to his father.
Fleming stood and walked to the podium when his son introduced him to those present.
"Thanks to all of you: Fleming said to those who stood to applaud him. "It's heartwarming."
Fleming said his nearly 50 years in the legal profession did not come about through any design of his own but by the Inspiration, Intercession and
influence of others.
He shared his journey, from signing up for the Air Force Reserves to heading to law school to landing a position with Towner.
"What a deal for me it was. Not only was he an excellent lawyer, he was a good, decent man. "U bet, and I'm serious about this, if a poll had been
taken among the lawyers In Pittsburg and they were asked, 'Identify a lawyer that exemplifies professionalism and high standards of ethical
conduct: 90 percent of them would have said J.B. Towner, and he was so generous to me. I was fortunate to have him as my mentor and role
model."
Two years into working there, he was offered a partnership, and then he said the single most blessed event of his lifetime was in 1971, when he met
his future wife, Peggy, a topic he quickly steered away from as his emotions began to well.
Focusing back on his career, Fleming said things were going well in the law firm. One day he was in Fredonia appearing before Judge Fred Lorenz,
who asked Fleming to lunch. It was there Lorenz asked Fleming if he had ever thought of being a judge. Fleming said no, but Lorenz encouraged
him to apply for the position being vacated by Sell.
With one child who had just graduated from college, two who were attending college and one in high school, Fleming thought the financial resources
a judgeship would provide would help him and his wife underwrite their children's educations, along with the money from a buyout at his firm, rather
than being knee-deep in debt, and provide a nice retirement.
More so, he said, he was intrigued by the position, having a number of friends who were district judges and happy in their positions. He applied and
ended up being one of the three nominees.
Appearing before Graves, Fleming said he watched the governor open a file that contained a bunch of letters. Graves then commented that they
had a lot of the same friends and supporters, mentioning some of them by name.
"Because ofthelr influence and support,l was appointed: Fleming said. "And Judge Lorenz was right. Ifs been a good fit for me."
Fleming said he Inherited a great court reporter and great court staff, who were tremendous in helping him In addition to many great colleagues in
the area and state he was able to turn to when needed.
"I really felt like I had it made," Fleming said.
He thanked all the staff past and present. He thanked hiS longtime colleagues. He thanked those in Community Corrections and Court Services and
the Labette County Sheriff's Office for supplying security officers.
"I've seen other people stand up In other places and talk about their career and talk about some of the obstacles and bumps and uphilrs and how
sometimes Ifs a roUer coaster. That hasn't been the case for me: Fleming said. "My career path has been downhill and a pleasure ride all the way.
Thank you."

••• II