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April 3, 2019

Kansas Commission on Judicial Qualifications

301 SW Tenth Ave., Room 115

Topeka, Ks 66612

Case Number: 13CV32P Wells Fargo vs. Julie Brunskill in Crawford County

This is a complaint against Senior judge Richard Smith of Linn County District Court, p.o. Box
350, Mound City, KS 66056who is hearing cases in Crawford County after Chief judge A.J.
Wachter resigned after my docketed 1332 in the matter of A.J. Wachter complaint.

Greetings Ethic Committee:

I am making a complaint because Judge Smith has retaliated against my friend Julie King
because she and I had previously sued judge Smith in a class action suit in the case of Eric
Muathe, et al, vs. Honorable Kurtis Lay, et al in 15cv79p in Crawford County and made an ethic
complaint against him in May of 2018.

Judge S:mithhas also barred her from discovery because he says she was supposed to have it
completed by January 11, 2019 from the court hearing held December 11, 2018 when he was
supposed to sign a journal entry within 14 days under Kansas Supreme Court Rule 170 but it
took him until January 15, 2019 to sign the order which he admits on page 2 line 1-5 on the
March 24,2019 ORDER. He states "All though the journal entru from the December 11 hearing was
not filed until January 15, the court ordered from the bench and it was memorialized in the journal
entry". All though means he made an error. How can he hold Julie accountable to have
DISCOVERYcompleted by January 11, 2019 when the court order was not even entered until
January 15, 2019 and the court was scheduled to dismiss this case back on 10/10/2018 at 08:00
AM NOTICE OF INTENT TO DISMISSin October of 2018. Supreme Court Rule 170 Journal
entry states that the order must completed within 14 days after the court's direction. If a
hearing was on December 11, 2018 then the journal entry/order should have been filed by
December 25, 2018 on Christmas Day. Counsel for the Plaintiff never turned it in until January
2,2019 which was (8) days past the time frame for journal entry 170.

Judge Smith seems to be following the same examples that former chief judge A.J.Wachter has
done since he has insulted Julie King with demeaning nicknames like judge Wachter did with
peanut gallery when he was used as an example by your commission in 2011 for misconduct
and received a caution for inappropriate remark of "peanut gallery". It seems Judge Smith is
also following Judge Wachter's example by (not having a court of record or court reporter) at
the March 28, 2019 hearing. I called up to court reporter Shawn Higgins to get a copy of the
transcript for the March 28,2019 hearing but there is not one! I don't understand why there is
not a court of record because former Judge AJ. Wachter was previously used as an EXAMPLE
under ADVISORY in the 2013 Annual Report from the commission on judicial qualifications
from a docketed complaint of 1179 in the matter of A.L. Wachter from a Lester Moore where
Judge received informal advice and Judge Wachter was warned to have a court transcript which
he did not have. The example stated "no violation was found when it was alleged a judge
advised parties in a divorce matter they were required to have attorneys at the next hearing.
While the judge denied the allegation, the judge could not provide a corroborating transcript because
a hearing was not made. The judge was informally advised on the importance of preserving a record of all
court proceedings. " Judge Smith could not remember having a corroborating transcript or court
order of the prior admonishment of Julie King supposedly received in the March 24, 2019
ORDER and Judge Smith did not have a record of all court proceedings at the March 28,2019
telephonic hearing and therefore he should be (INFORMALLY ADVISED ON THE
IMPORTANCE OF PRESERVING A RECORD OF ALL COURT (PROCEEDINGS) like former
chief judge of the 11thdistrict AJ. Wachter was advised back in 2013.

Judge Smith then stated in his ORDER on March 24, 2019 on page 7 line 8 and page 4 line 12-13
that my friend was cavalier, frankly naive, and nefarious!!! He used 3 different demeaning
nicknames for lulie.

I cannot believe that he called Julie those demeaning nicknames which clearly violate CANON
2 Rule 2.3 Bias, Prejudice, and Harassment(A)(B)(C) including COMMENT(2)" Examples of
manifestations of bias or prejudice include but are not limited to epithets; slurs; demeaning
nicknames" .

This is the 2ndtime Crawford County Court has had a hearing where the judge uses an
inappropriate word choice because I was sitting in a divorce case of Deborah King vs. Michael
King 09DM341P in Crawford County and Judge Wachter told Kasey King to go sit in the
"peanut gallery". Kasey, Mike King, and Julie Stover-King all previously got Judge AI.
Wachter a reprimand for his inappropriate use of the word (peanut gallery) in docket numbers
114,1115, and 116 in the matter of A.J. Wachter in June of 2011.

This is the 2ndtime that I have been in a Crawford County Court and attended a hearing where
the judge uses an inappropriate word choice. The 2011 Annual Report uses the (peanut gallery)
complaint as example number 4 which says" A judge, who made a disparaging comment about
courtroom spectators during a hearing which was acknowledged by the judge and reflected in
the transcript, was cautioned about future word choices".
Judge Smith on his ORDER March 24, 2019 had the nerve to state in his record "The defendant's
cavalier attitude regarding the upcoming trial and her decisions to engage in other activities rather than
trial preparation concern the court greatly from the standpoint that it appears she fails to understand the
severity of the circumstances reinforcing the courts PRIOR ADMONITION that she would be better off
represented by counsel." The definition of Cavalier is ARROGANT and she is not Arrogant.

Judge Smith supposedly admonished Julie at the hearing in December 11, 2018 but at the
telephone conference on March 28, 2019 he did not remember admonishing Julie and that is
why I called to get a court of record but there is not one.

He also has scheduled a bench trial on Apri12, 2019 after only (1) pre-trial conference that was
held on March 28, 2019 so it does not comply with Kansas Supreme Court Rule 140 Final Pre-
trial conference because she was supposed to have (2) weeks after the final pre-trial conference
before trial and she hasn't even had one pre-trial conference.

I have included the example of the VIOLATION from the 2017 annual report which states" A

judge, who was found to have violated Rules 1.1, 1.2, and 2.5(A) b1{(ailing to timelll rule on a matter

taken under advisement for approximatelv 3 112 vears, was privatell{ ordered to cease and desist from

(ailing to dispose of matters promptlv and efftcientll/' shows that judge Wachter violated 2 different

Canons and three rules of the code of judicial conduct and I feel the court should set aside and

or vacate all previous orders in this case that were signed by judge Wachter since he did not

comply with the law, did not promote confidence in the judiciary, and was not competent,

diligent, or cooperative and therefore my friend, Julie king, did not receive due process because

justice was not effective.

Please investigate Judge Smith for his incompetency, bias, prejudice, retaliation by admonishing

her, conflicts of interest, and inappropriate word choices and for him to disqualify himself

under Rule 2.7 and Rule 2.11(A) for his obvious prejudice against Julie King by calling her

frankly narve, cavalier, and nefarious which she is not arrogant, not wicked and not a criminal,

does not lack knowledge since she was smart enough to make a complaint with your office
which resulted in a private cease and desist order on Judge Wachter and violations of 1.1, 1.2,

and 2.5 of code of judicial conduct.

I would like to receive the (DISPOSITION LETTERS) from the November 2017 docketed

complaint of 1332 in the matter of A.T Wachter where he received a private cease and desist order

and resigned immediately after the complaint. Your commission never let me know that he

violated Rules 1.1, 1.2, and 2.5 of the code of judicial conduct until I read your 2017 annual

report and figured it out since he was docketed (3) times in that complaint and received (3)

private cease and desist orders and there were only (4) issued that year by your commission. I

also think the 2nd example under VIOLATION used by your committee could be him as well

which says" A judge, who was found to have violated Rules 1.2 and 2.5 by filing an inaccurate

report with the Office of Judicial Administration, was cautioned to perform judicial duties

competently and diligently."

Could your office please answer my question of if AJ. Wachter was used as either (1) or (2)

examples under VIOLATION in the 2017 annual report by your commission.

Thanks

Sincerely,

Thomas Walters

213 E. Carlton

Pittsburg, Ks 66762
CONDUCT EXAMPLES
The Commission has many dispositional avenues available after investigation, including

• but not limited to: Finding of No Violation resulting in dismissal or a letter of informal
advice to the judge OR Finding of Violation resulting in a letter of caution; cease and desist
order; or notice of formal proceedings. The following are examples of conduct found to
be advisory or a violation of the judicial code.

II ADVISORY
II
No violation was found when it was alleged a judge posted an inappropriate comment on
Facebook. The judge was informally advised to use caution when posting information to social media
sites that could be misinterpreted or misleading and noted it was important to recognize that social
media posts are seen by a broad audience.

No violation was found when it was alleged a judge made inappropriate comments to a
defendant to stop acting like a child and did not allow witnesses to testify. The judge was informally
advised to be more diligent about future word choices.

I
Ill;;;;;;;; iiiiiiViiiiii
I
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A
TiiiiiiliiiiiiO NiiiiiiiiiiiilIll

A judge, who was found to have violated Rule 2.5(A) by failing to timely rule on a matter taken
under advisement for approximately 18 months, was cautioned on the issue of delay.

A judge, who was found to have violated Rules 1.2 and 2.5 by filing an inaccurate report with
the Office of Judicial Administration, was cautioned to perform judicial duties competently and
diligently.

Ajudge, who was found to be in violation of Rules 1.1,1.2, 2.3(B), and 2.8(B) by engaging in
workplace harassment, was publicly ordered to cease and desist from verbal and/or physical conduct
which was offensive and demeaning to female court reporters and judges. The judge agreed to continue
with retirement and not seek election or accept appointment to any judicial office in the future.

A judge, who was found to have violated Rules 1.1, 1.2, and 2.S(A) by failing to timely rule
on a matter taken under advisement for approximately 3lh years, was privately ordered to cease and
desist from failing to dispose of matters promptly and efficiently.

Ajudge, who was found to be in violation of Rule 1.2 by garnering media attention for sleeping
during a criminal proceeding with said conduct being mentioned in a Court of Appeals opinion, was
cautioned to avoid conduct that would compromise or appear to compromise the judge's integrity or
impartiality.

A judge, who was found to be in violation of Rules 1.2 and 4. 1(A)(4) by misrepresenting the
facts of a disciplinary matter to the media at a judicial candidate forum, was publicly ordered to cease
and desist from making false or misleading statements.

Ajudge, who was found to be in violation of Rule 2.9(A) by initiating ex parte communications
both by phone and letter with a sitting Supreme Court Justice, was cautioned to avoid ex parte
communications.
Richard Smith
to "ennifer!ID11 thjdl.og, Linda, me, Elaine ..•.
@ Fri, Mar 1, 1~01 PM "* •
••

Greetings

The pretrial conference is continued. The plaintiffs objections to the remainder of the
defendant's requests will be taken up at a telephone conference to be scheduled at a later date ..
The scheduling .of this telephone conference will take place sometime next week since I am
unable to attend to an exact date and time today,

Sincerely yours

Judge Smith
DICTIONARY THESAURUS GRAMMAR EXPLORE WORD OF THE YEAR FORUM BLOG

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DICTIONARY admonish I!!)vQ

WORD OF THE DAY

Home British & World English admonish

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Definition of admonish in English:
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admonish 0008
VERB

[WITH OBJECT]

1 Reprimand firmly.
(she admonished me for appearing at
breakfast unshaven' Try our interactive feature to learn
how words enter the OED!
More example sentences Synonyms

1.1 [with object and infinitive] Advise or urge


(someone) earnestly.
(she admonished him to drink no more
than one glass of wine'
More example sentences Synonyms
Purchase an OED subscription for
1.2 archaic Warn (someone) of something to I just £90 / $90
be avoided.
(he admonished the people against the
evil of such practices'
More example sentences

Origin
, It's taklnq the mickey. it's

DICTIONARY admonish m!}vQ MENU


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nefarious
adjective
ne·far·i·ous 1\ ni-fer-e-os 0_\
Definition of nefarious
: flagrantly wicked or impious: evil

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Sy-nonY-lTI + What Is the Difference Between vicious, villainous, and nefarious? +


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Other Words from nefarious


nefariously adverb

Synonyms & Antonyms for nefarious


Synonyms

bad, black, ?ark, =. immoral, iniQuitous, rotten, sinful, unethical, unlawful, unrighteoui' I
unsavory', VICIOUS, vIle, vIlla1l1ous, wIcked, wrong
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Antonyms

decent, ethical, good, honest, honorable,just, me


virtuous

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Choose the Right Synonym for nefarious
The Law Dictionary
Featuring Black's Law Dictionary Free Online Legal Dictionary znd Ed.

Navigation =
-,__Se_a_rC_h_._.. ~_.~.)

What is ADMONITION?
In ecclesiastical law, this is the lightest form of punishment, consisting in a reprimand and
warning administered by the judge to the defendant. If the latter does not obey the admonition,
he may be more severely punished, as by suspension, etc.

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Related Legal Terms


MONITORY LETfERS, CENSURE, REPRIMAND, CAUTIONARY INSTRUCTION,
PENANCE, SUSPENSION, RECLUSION, CLAM, VI, ANT PRECARIO,
cavalierism \ .ka-vc-Iir-j-zcm 0\noun
cavalierly adverb

Synonyms & Antonyms for cavalier


Synonyms: Adjective

arrogant, assump-tive, bump-tious, chesty-, haughty-, high-and-mighty-, high-handed, high-hat,


highfalutin (also hifalutin), huffish, huffy-, imp-erious, imp-ortant, lofty-, lordly-, masterful,
overweening, p-eremp-torY-,p-omp-ous,p-resuming, p-resump-tuous, p-retentious, self-asserting,
self-assertive, sniffy-, stiff-necked, sup-ercilious, sup-erior, top-lofty-(also top-loftical) , I!P-p-ish,
1!P-p-ity-

Synonyms: Noun

gentleman

Antonyms: Adjective

humble, lowly-, modest, unarrogant, unp-retentious

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The Evolution of Cavalier
Noun

According to a dictionary prepared by Thomas Blount in 1656, a cavalier was "a knight or
gentleman, serving on horseback, a man of arms." That meaning is true to the history of the
noun, which traces back to the Late Latin word caballarius, meaning "horseman." By around
1600, it had also come to denote "a roistering, swaggering fellow." In the 1640s, English
Puritans applied it disdainfully to their adversaries, the swashbuckling ROy'alist followers of
Charles I, who sported longish hair and swords. Although some thought those cavaliers
"several sorts of Malignant Men ready to corrvir _11 .-- _._.- _ •• _C A •••..•_ -- .l '{ r: _1 _
D
,... . LEARN MORE FROM M-W
others saw them as quite suave- which may exp
complimentary or a bit insulting.

Examples of cavalier in a Senu


Adjective

They are too cavalier in their treatment of others. She has a cavalier attitude about spending
money.
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cavalier
adjective
cav·a·lier I \ .ka-vc-Tir 0_\
Definition of cavalier
(Entry 1 of 2)

1 : marked by or given to offhand and often disdainful (see disdain entry-1.) dismissal of
important matters a cavalier attitude toward money has a cavalier disregard for the rights of
others
2 : debonair
3a capitalized: of or relating to the party of Charles I of England in his struggles with the
Puritans and Parliament
b : aristocratic portrayed the plantation owner as a cavalier fop
c capitalized: of or relating to the English Cavalier poets of the mid-17th century

cavalier

Definition of cavalier (Entry 2 of 2)

1 : a gentleman trained in arms and horsemanship


2 : a mounted soldier: knight
3 capitalized: an adherent of Charles I of England
4 : a lady's escort or dancing partner: gallant
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Adjective
Llnda apley .:1tarple,@IGgs.com=- @:> ed, Ja 2; 2:37 P
to smithr@kscourts.org, me '.•.

dge Smit •

Per yo r instructions this was sent to vls. Stover-Ki 9 on 2 2 2018. I have receive 0 objec ion and herefore I am now
submit i119 it for yo r approval ad execu ion.

Thank youl

Unda Tarpley
Managing Attorney
913-831-3000 ext. 7100 0 Ice
Itarpley@LOGS.com I 'If .Iogs.com

ShaDiro &. Kreisman. LLC 16B11 Sha:.vnee :5~j0:1Pa' ay. Su te 309 o-•.ena d Per. KS 66202

Shapiro &. Kreisman. lie 11:M!01 iverport Drive, Suite 502 I Maryland He ig-,ts. ~\O5301,3

PurslJant to the Fal Debt Collac on Practices Act, you a e advised that this office Js deemed to be a debt collector and any iniomlatlon obtiain:ed may be

used fc,rat pu pese.


December 12, 2018

Julie S. Stover-King
303 S. Jefferson Street
Frontenac, KS 66763

Sent email sweetjulz33@gmaiLcom

Ir-RE-:--r Wells Fargo Bank, N.A.


I I v. Julie Stover-King fka Brunskill
Case No. 2013-CV-32P

Dear Mrs. Stover-King,

Please find attached our proposed Journal Entry submitted to you for your approval. This
Journal Entry will be submitted to the Court pursuant to Supreme Court Rule 170 ifI do not hear
from you in the next fourteen days. If you have any objections to the form of the Journal Entry
notify this office and the court.

Thank you for your attention to this matter.

Very truly yours,

Isl Linda S. Tarpley

Linda S. Tarpley

Linda Tarpley,
Managing Attorney
Licensed in Kansas &
I Missouri

Ene.