Sie sind auf Seite 1von 35

1kan~a~\([ommh1~ion

!
KANSAS JUDICIAL CENTER
TH
301 SW 10 AVE., ROOM 115
on Jf ub'cial
i
qconbuct TOPEKA, KANSAS 66612
785-296-2913 • judgeconduct@kscourts.org
i

• COMPLAINT AGAINST A JUDGE +

Please Note: I Complaint form must be typed or legibly hand-printed, dated, and signed before it
! will be considered. Complaint forms may be submitted by U.S. Mail or scanned
and submitted bye-mail.

I. PERSON MAKING THE COMPLAINT


ffiUK COY\ODY Gu<\ffiO
Full Name Inmate Number, ifapplicable

~tl
Mailing Address

'0S.
Telephone Number

u.s. Mail E-Mail

II. JUDGE A~AINST WHOM COMPLAINT IS MADE


I

-:Se.,\(\\,\\\& :Dy \ff\eIb


Full Name County or City

Type of JudgeCdheck
one): __ Supreme Court Justice __ Court of Appeals Judge
!
I
L District District Magistrate __ Municipal
__ Pro Tempore __ Other _

Page I 1
III. COURT CASE INFORMATION
I

If h Ii.. 1 .
t e comp aint mvo ves a court case, please provide:
melle
..,.
Otriff,;n
-Case Title: i J.BkR 1..0 1~ S\ute of' huY\5US vs. Case Number: _
-y our Relationship to the Case: __ Plaintiff/Petitioner L Defendant/Respondent
\ Other _
I

i
i
IV. STATEMENT OF FACTS
!
In the following section, please provide all specific facts and circumstances which you believe
constitute judicial misconduct or disability. Include names, dates and places which may assist
the Commission in its evaluation and investigation of this complaint.

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

Page I2
V. ATTACHMENTS
I

Relevant documents: Please attach any relevant documents which you believe directly support
your claim t~at the judge has engaged in judicial misconduct or has a disability. Highlight or
otherwise identify those sections that you rely on to support your claim. Do not include
I
documents w,ich do not directly support your complaint, for example, a copy of your complete
court case. I

*Keep a cOPYIof all documents submitted for your records as they become the property of the
Commission and will not be returned. *
,
i

In filing this complaint, I understand that:


I

> The, Commission's rules provide that all proceedings of the Commission,
including complaints filed with the Commission, shall be kept confidential
unless formal proceedings are filed. The confidentiality rule does not apply to
the complainant or the judge against whom a complaint is filed.

> The Commission may find it necessary to disclose my identity and the existence
of this complaint to the involved judge. By filing this complaint, I expressly
consent to any such disclosure.

VI. SIGNATURE
Ideclare that to the best of my knowledge and belief, the above information is true, correct and
complete and submitted of my own free will.

'0Q(tlJD.n.l l~iilOLO
Date ; Signature

FOR CJC USE ONLY

Complaint No. _

Page 13
January 13, 2020 I
;
I

I would like to make a complaint against Judge Jennifer Brunetti for failing to follow Rule 2.7
I
Responsibility to Decide and Rule 2.11(A} Disqualification for failing to recuse/disqualify herself from
case number 1~CR201G The State of Kansas vs. Max Griffin. Judge Brunetti stated on the court
transcript that ~he had known me since I was little but that was not going to have any effect on this
I
case. She also failed to disqualify my court appointed attorney Jason P Wiske even though I requested
that he withdrawI as counsel for being ineffective assistance of counsel. I have also experienced (DELAY)
st
in this case sinde my 1 appearance in this case was January 30,2019 which was almost 365 days ago
and this case should be dismissed under K.S.A. 22-3402 and I would like for my court appointed attorney
to file a motiori to dismiss for failure to bring a person promptly to trial within 180 days under K.S.A. 22-
3402 since my 1st appearance in this case was on January 30, 2019 which was almost 365 days ago.
i
I have read on ~onflictgate.com that several area judges and attorneys have had ethic complaints filed
against them aid I have included docket number 1332 in the matter of A.J. Wachter where he received
a private cease land desist for DELAY. I feel thatJudge Brunetti has DELAYEDthis case as well and that
she should be reprimanded like Judge Wachter. I feel that she should recuse herself from this case
under K.S.A. 20t311d change of judge procedure.

Sincerely,

Max Griffin !
~.
KANSAS JUDICIAL CENTER
J!an%a% Qrommi%%ion TH
301 SW 10 AVE., ROOM 115

on Jf utnnal qconbuct TOPEKA, KANSAS 66612


785-296-2913 • judgeconduct@kscourts.org

tCOMPLAlNT AGAINST AJUDGEt

The Commission only has authority to investigate allegations of judicial misconduct or disability by
persons-
holding state judicial positions. The Commission has no jurisdiction over and does not
,

consider complaints against federal judges, lawyers, law enforcement and detention center officers,
district court clerks, and court personnel.
I
The Commission does not act as an appellate court and cannot review, reverse, or modify a legal
decision made by a judge in a court proceeding. Please review the accompanying brochure which
describes the functions of the Commission. Note in particular the examples of functions which the
Commission cannot perform. - -

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

I. PERSON MAKING THE COMPLAINT


M q X' a,y; {",L.' (\
Full Name Inmate Number, if applicable

Mailing Address

Riffihur~
Telephone Number

(VA Preferred Method of Communication: Vu.S.Mail E-Mail


E-mail address

II. JUDGE AGAINST WHOM COMPLAINT IS MADE

J"~171l; {t"'(' @Yu/le++':


Full Name County or City

Type of Judge(check one): ~upreme Court Justice __ Court of Appeals Judge


~ District __ District Magistrate __ Municipal
__ Pro Tempore __ Other
-----------------------

Page I 1
III. COURT CASE INFORMATION
If the complaint involves a court case, please provide:
·Case Title: '" -/<j'k () f ;<'1M q j
·Your Relationship to the Case: __
115. II? ~ It: C ('JR;A Case
Plaintiff/Petitioner
NZr:
1
;) 14;LR ;;:!
D
DefendantlRespondent
6 IG

Other ------------------------------------

IV. STATEMENT OF FACTS


In the following section, please provide all specific facts and circumstances which you believe
constitute judicial misconduct or disability. Include names, dates and places which may assist
the Commission in its evaluation and investigation of this complaint.

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

Page I2
V. ATTACHMENTS
Relevant documents: Please attach any relevant documents which you believe directly support
your claim that the judge has engaged in judicial misconduct or has a disability. Highlight or
otherwise identify those sections that you rely on to support your claim. Do not include
documents which do not directly support your complaint, for example, a copy of your complete
court case.

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

In filing this complaint, I understand that:

» The Commission's rules provide that all proceedings of the Commission,


including complaints filed with the Commission, shall be kept confidential
unless formal proceedings are filed. The confidentiality rule does not apply to
the complainant or the judge against whom a complaint is filed.

» The Commission may find it necessary to disclose my identity and the existence
of this complaint to the involved judge. By filing this complaint, I expressly
consent to any such disclosure.

VI. SIGNATURE
I declare that to the best of my knowledge and belief, the above information is true, correct and
complete and submitted of my own free will.

Date Signature

FOR CJC USE ONLY

Complaint No. __ --,- _

Page I3
KANSAS JUDICIAL CENTER
lftan%as ([0111nllSsion 301 SW 10TH AVE., ROOM 115

on JJ utnnal (!Conburt TOPEKA, KANSAS 66612


785-296-2913 • judgeconduct@kscourts.org

•COMPLUNTAGMNSTAJUDGE +

The Commission only has authority to investigate allegations of judicial misconduct or disability by
persons holding state judicial positions. The Commission has no jurisdiction over and does not
consider complaints against federal judges, lawyers, law enforcement and detention center officers,
district court clerks, and courtpersonnel, ' . .
, ,

The Commission does not act as an appellate court and cannot review, reverse, or modify-a legal
decision made by a judge in a court proceeding. Please review the accompanying brochure which
describes the functions of the Commission. Note in particular the examples of functions which the
Commission cannot perform.

Please Note: Complaint form must be typed or legibly hand-printed, dated, and signed before it
will be considered. Complaint forms may be submitted by u.s. Mail or scanned
and submitted bye-mail.

I. PERSON MAKING THE COMPLAINT


[Ill ~~"( ~. ~"'~ft\
V'
Full Name Inmate Number, if applicable

Mailing Address

City, State Zip Code ?PhOne Number

fYlov<'jl";f(.; MJ"1 )..;~j(I eJ, i·(U~r~j • ({ c t¥\ Preferred Method of Communication: VU.S. Mail E-Mail
Evmail address G- . "

II. JUDGE AGAINST WHOM COMPLAINT IS MADE

Full Name County or City

,;Supreme Court Justice


---- Court of Appeals Judge
Type of Judge(check olle):
~
~ District District Magistrate Municipal
___ Pro Tempore Other _

Page I1
III. COURT CASE INFORMATION
If the complaint involves a court case, please provide:
-Case Title: <i·de tJ r:~'fl5Cf5 J~. Ifl<q')<. bt';·-(f-;,v Case Number: I~L/{ ~6 ) 6 .
-Your Relationship to the Case: Plaintiff/Petitioner L DefendantlRespondent
Other _

IV. STATEMENT OF FACTS


In the following section, please provide all specific facts and circumstances which you believe
constitute judicial misconduct or disability. Include names, dates and places which may assist
the Commission in its evaluation and investigation of this complaint.

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

Page 12

V. ATTACHl\1ENTS
Relevant documents: Please attach any relevant documents which you believe directly support
your claim that the judge has engaged in judicial misconduct or has a disability. Highlight or
otherwise identify those sections that you rely on to support your claim. Do not include
documents which do not directly support your complaint, for example, a copy of your complete
court case.

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

In filing this complaint, I understand that:

}> The Commission's rules provide that all proceedings of the Commission,
including complaints filed with the Commission, shall be kept confidential
unless formal proceedings are filed. The confidentiality rule does not apply to
the complainant or the judge against whom a complaint is filed.

}> The Commission may find it necessary to disclose my identity and the existence
of this complaint to the involved judge. By filing this complaint, I expressly
consent to any such disclosure.

~-----~~------------------------------------------------------~
VI. SIGNATURE
I declare that to the best of my knowledge and belief, the above information is true, correct and
complete and submitted of my own free will.

Jq /1Dei!""!' I o:~ Je::> .Ai',;


Date' , Signature

FOR CIC USE ONLY

Complaint No. _

Page 13
Kansas Commission on Judicial Qualifications

301 S.W. Tenth Ave

Topeka K5 66612

January 19, 2020

Re: Case Number 1SCR -:;;C) I G State of Kansas vs. Max Griffin in Crawford County.

Greetings Ethic Committee:

I recently sent in a complaint on 11th judicial district judge Jennifer Brunetti for (DELAY) and failing to
disqualify/recuse herself from this case for a (CONFLICT OF INTEREST)on the date of I~13 ,-;)0
I have been doing research because my court appointed attorney Jason P. Wiske won't do anything
except try to talk me into taking a plea bargain that I do not want.

I found the REPORTOF SUPRME COURT STANDARDS COMMITIEE-GENERAL PRINCIPLESAND


GUIDELINES FOR THE DISTRICT COURTS for Kansas.

It lists (SEVERAL)reasons why (DELAY) is (EXTREMELYIMPORTANT) and I will list what it states:

Justice is effective when it is: .

(A) Fairly Administered Without Delay

With all litigants, indigent and otherwise, and especially those charged with crime, represented bv
competent counsel.

(B) By Competent Judges

(C) Operating in a Modern Court System

Businesslike in management with nonjudicial duties performed by a competent administrative staff,

With practical methods of equalizing the judicial workload

(D) Under Simple and Efficient Rules of Procedure

Designed to encourage advance trial preparation,

Eliminate the eiement of surprise,

Facilitate the ascertainment of truth,

Reduce the expense of litigation,


And expedite the administration of justice

(2) Litigation delay causes litigants expense and anxiety, Judges and lawyers have a professional
obligation to avoid misuse and over use of discovery and to terminate litigation as soon as it is
reasonably possible to do so.

(4) No case should be permitted to float in the system. It is the responsibility of the trial judge assigned
the case to take charge of the case at an early date in the litigation and to control the progress of the
case thereafter until the case is determined.

(5) There should be time standards established as a guide for the disposition of cases, with the
understanding that the system must have flexibility to accommodate the differences in the complexity
of cases and the different problems arising in urban and rural judicial districts.

(6) Assuming adequate trial court staffing and facilities, trial court delay, i.e., unnecessary waiting time,
is not inevitable.

(7) The pace of litigation is often the result of "locallegal culture" rather than court procedures, case
load, or backlog. Local legal culture consists of the established expectations, practices, and informal
rules of behavior of judges, attorneys and the public.

(8) The most effective way of combating court delay is to modify the local legal culture by the adoption
and use of a case management system. The basic concept of case management is that the court, rather
than the attorneys, should control the pace of litigation. It is the duty of the judge to the people to run
the court and not abdicate the responsibility to counsel.

(9) An effective case management system requires that specific steps be taken to monitor and control
the pace of litigation. Among these are the following:

(A) Early and continuous control of the court calendar by the judge;

(B) ldentifving cases subject to alternative dispute resolution processes;

(C) Developing rational and effective trial-setting policies;

(D) Applying a firm continuance policy. Trial continuances should be few; a good cause should be
required and all requests should be heard and resolved by a judge;

(E) Older cases should be emphasized and ordinarily given priority in trial settings;

TIME STANDARDS

Crimina! Cases

Misdemeanor to trial or plea, within a median time of sixty (60) days from date of first appearance.
And expedite the administration of justice

(2) Litigation delay causes litigants expense and anxiety, Judges and lawyers have a professional
obligation to avoid misuse and over use of discovery and to terminate litigation as soon as it is
reasonably possible to do so.

(4) No case should be permitted to float in the system. It is the responsibility of the trial judge assigned
the case to take charge of the case at an early date in the litigation and to control the progress of the
case thereafter until the case is determined.

(5) There should be time standards established as a guide for the disposition of cases, with the
understanding that the system must have flexibility to accommodate the differences in the complexity
of cases and the different problems arising in urban and rural judicial districts.

(6) Assuming adequate trial court staffing and facilities, trial court delay, i.e., unnecessary waiting time,
is not inevitable.

{7} The pace 01 litigation is often the result of "local legal culture" rather than court procedures, case
load, or backlog. local legal culture consists of the established expectations, practices, and informal
rules of behavior of judges, attorneys and the public.

(8) The most effective way of combating court delay is to modify the local legal culture by the adoption
and use of a case management system. The basic concept of case management is that the court, rather
than the attorneys, should control the pace of litigation. It is the duty of the judge to the people to run
the court and not abdicate the responsibility to counsel.

(9) An effective case management system requires that specific steps be taken to monitor and control
the pace of litigation. Among these are the following:

(A) Earlv and continuous control of the court calendar by the judge;

{B} Identifying cases subject to alternative dispute resolution processes;

(C) Developing rational and effective trial-setting policies;

(D) Applving a firm continuance policy. Trial continuances should be few; a good cause should be
required and all requests should be heard and resolved by a judge;

(E) Older cases should be emphasized and ordinarily given priority in trial settings;

TIME STANDARDS

Criminal Cases

Misdemeanor to tria! or plea, within a median time of sixty (60) days from date of first appearance.
Felony-to trial or plea, within a median time of one-hundred twenty (120) days from date of first
appearance.

The term "median" as used in these time standards means that at least 50% of the cases subject, to
judicia! determination are tried or disposed of within the established time standards.

I definitely have not received any of my constitutional s" and 14th amendment rights of due process or
equal protection under the law.

The average for a felony to go to trial or plea for 50% of the cases are (120) days and my first
appearance was in January of 2019 which was approximately (365) days after my first appearance.

I also was charged with misdemeanors and my first appearance was in January of 2019 which was over
(365) days ago and should have been to trial within (60) days.

I have not had effective justice in this case because it has not been fairly administered without DELAY.

I have experienced (EXTREME DELAY) compared to the median average for a felony charge in Kansas.

I have not had a competent judge because she has violated several of the REPORTOF SUPREME COURT
STANDARDS COMIVIITIEE-GENERAL PRINCIPLESAND GUIDELINES FOR THE DISTRICTCOURTS because
this case has experienced (EXTREME DELAY) and she also has not RECUSED/DISQUALIFIED herself even
though she states in court that she has known me since I was a little kid but that won't matter in this
case.

This case has not been businesslike in management with nonducial duties performed by competent staff
because everyone involved in this case seems to be incompetent since I should have been to trial or plea
(120) days after my first appearance in January of 2019 and instead the case is still going on and it is
January of 2020 which is approximately (365) days and the case is no where close to going to trial and
should have been DISMISSED for lack of prosecution on the court and failure to discharge a person
promptly within 180 days.

This case has had (DELAY) and has definitely not had (ANY EXPEDITIION OF ADMINISTRATION OF
JUSTICE).

The DELAY I have received has caused me anxiety because judge Brunetti and the county attorneys
office of Crawford have misused their continuance policies because the county attorneys office have not
been prepared and Judge Brunetti has failed to terminate litigation as soon as it was reasonably possible
to do so in this case.

My case has (FLOATED) in the system which is not allowed because the trial judge Brunetti has not taken
charge of this case and instead has let the county attorneys office conduct hearings and continuances
whenever they feel like it which is not allowed and is unethical.

Judge Brunetti has not conducted a firm case management and continuance policy in this case and that
is why the case has floated in the system instead of being DISMISSED. Judge Brunetti did not do her
duty of running the court and instead she has abdicated the responsibility to the county attorneys office
which is unethical.

Please use the above letter with the copy of the REPORTOF SUPREME COURT STANDARDS COMMITTEE-
GENERAL PRiNCIPLESAND GUIDELINES FOR THE DISTRICTCOURTS, and the copy ofthe RULESRELATING
TO JUDICIAL CONDUCT as more evidence to investigate Judge Jennifer Brunetti of Crawford County u"
judicial district.

I feel that Judge Jennifer Brunetti has violated Rules 1.2 Promoting Confidence in the Judiciary, 2.2
Impartiality and Fairness, 2.3 Bias, Prejudice, and Harassment, 2.4 External Influences on Judicial
Conduct, 2.5 Competence, Diligence, and Cooperation, Rule 2.6 Ensuring the Right to be Heard, 2.7
Responsibility to Decide, and Rule 2.11(A) Disqualification.

Sincerely,

Max Griffin

It .
II ~ I.•.....
\ I \.1 i h;' .I 1u III ' 11,}t ~n

lo, .ql, t I II' 1,,\\ - ,.


!{EPORT OF SUPREME COURT STANDARDH .Ii I, ,PII' '\ \tllll

('OMlVlITTEE-GENERAL PHINCIPLES AN D ." \

I,

GUIDELINES FOR THE DISTRICT COURTH \' ,,1111\'\ I••I


11,1\, • .1 1\\111
rh, ,.I 1,,..1!I'd !'('pOI'L
adopted by the :-;;upnmw CO!!!'! (2) Litigation (/{,luy (,HIlHPS lili!',;IIII' I" l,,'ll;:I' :!lld
r'ommlttee Of! Odohl'I' i1. !!Ii'O. is ht'l"t'by
: ,1.111.1,1111.', unxiotv .• Judge;; and lawyers hmt':1 l't'II! ••.:::tIl!l:d oh1l H t1id Itul ,tll'~1

.1< I",,!,·d by the Supremo Court. cfl'c>t{h'p Decombor


II ,\I \ ,\oi. I" •• I, ·,\11 t,
gation to avoid llliHI!Se and O\'U!'UHP of di:"'\1\ 1'1'.1' :II It I 10
II, I !ISO. as a statement of the ~():dtl of' 1.Iw Kansas tenninate lit iP:cltion ao;soon us it is !'pa:-;(lll;tl d,v jI'I:.;"il>lt· <l1_'!" l.d \"".
Ilh,,\il'It' pi 1
.Il1di('ial systc'!1J and of the g('I1PI'al principles and time lo do so.
standards to be usC'd as glliddillPS for tho processing 11101• ",,\ \\1\ Iii
(:1) Till' ultimate judicial g-oal should lx- ,lllhtil'l" Illli
or cases hy UK' Dislriet COUl'b-> of 1his Stato. 1111 l\(lh d1i.p \l~'\
speed, in the (li::;poHition or cases. CaHl'~: ;;llIillld IU'
Tilt' report shall he puhlishod in the Kallsas nt'pOlis d('tt'l'millt'd 011 an individual basis, lint on all a!4~l'ltlbl_\ 1 ll" 11i.!\.I.\i , tel

as a part of the- Supreme Court 1:1I1l'~ Hl'iating to lint'. Liliv;:mts and ('Otlll:-;('! slwlIld bt' aIT"I'':\'./ 1\
tI , I '11" ''. 1•• 1,1-
District Courts. ,t \' 4 P tLi lllt\~\t,
reasonuble [imp to PI'('PH!"l' alld pn'sI.'lIt their I';t-" •
,! ; ~ .HI t i (.\

CI) Wl' approv« lil(' credo of III(' .loint Committee ('ll No (',l~(, shoukl be jll'!'mit rod to flo;l! ill tilt \.fPl'1" 'lh 01\
for the EiTedin~ Administrut ion of .Jl!stil'l' adopted in svstvm. It is 11](' t'(,spoll~~ibilil,\' of th' ll'ial ,in,h~1
tho 19fiO's as 11 gerH'I'al :::tntPIllf'nt of tiw gnals and <lS;:.i:..(111'(\ l lu- (,;1~(, in ial,t' dl;n'g(~ of till' l':!~:t' at Ill! t \ f\11 :.\ \N I
purposes of the Kuusas Judiciul :-;;;stl'£11. !'at'l,\' datt' in 01(' liLiga!ioll and tll control th« pl'\I,~t'I'
, loll I ,\ "
nl" thr- (':IH(, thh','ai'll'l' unti! IlIP (';;~~l' is dl'll'l'lIll1l1'tI !Ill.! ••,0\," "li.
./I{,-:!i,,( i:; (:(fcdi," j"jif'il it i«:
(:l) '['!WI''-- ~h()!lldIll' limp standard»
l'stahlic.lwd II'f I' 'II<' ",\1111' I ,I
(A\ Paid!! Adill!lIi.<tuni l\:ii!,,'}i!f I): !Oil rJliidl' rIll' lll(' dispo;-\iii')!1 of e:lHel'l, witl: III<' lIud," 1 t \ I t I ( ~~, 11 j. f

standing 1 hat ! 11" :"~':-;tl'l!1!llw4 huvi- ril'\ij.tld\ ill


,... ~ pl. H·tf
With all litigant», illtiiV('llt ,li\i! <lilwnri";l'. and ospe- . l <,t • ~ , ~ t 1i t"'
vially tho,.;,' c!Jm'g'l'd with ('l'imt', 1"~l'rp~l'l1t(·d b/ corn- ae('()!l1l11otlatv t fll' dil'f'l'j'l'Il{'('s iu tilt' "lilllld," II v Ii!
petl'nt. eounsol, and
C'~l~e::-; ih« difYPl'pnt ptYlhlplH::"; al'i~iH!', in uii i III 'iht{
lt~ I !.
rural .iwlid:d di,'u'id,;. \ ('pj'in;/; ;!'!1I1Ilfll III",!
0-:) ny ('(IIi'li(h It! ) lid!!!'.': ma.\' hp i!._'e'·,c,;<!l',\ ill all ;ndi\ ~:h:;" ,';;:;1'
t ,

Hl'l('d('ci t!1i'(H!~h non-pr.lit j('ai i<li'i l!(l(b i,a;'<·.1 on d;l ~~\~;-'~lnnin~: ~i(h~qH!lt(\ ti'!;d. t~P~ii'~·.t.~ii:t~l,linl ~'ji' i;
merit, i1i(\,-~~ U'l<.l! i:(JlH"1 clc·i:!:~-.L{'., HH1H.T("·:;:~r,\ \'\I~dH\~," 111"
In ~nnleh.:.n! ti« i{·~td..
tn t·~nT~·
lHi~1]ilt~!·~· i:--: ~Jdt ilH.''',·L~thl<~. 'r~H' p:~pp itl' l;~'n; ~:l'q! 1I"~ f
HI
.:~H'ii~\ d('lPiT ~~!H'(\ ," "Jf)lH'! ;<l•.~p, ;!.d, ~d';.tf· t· hi J,
l\dequClir!:,- (·L1)rl}a·n;,':~~h){L ••~·Hh f:j:~f i'l .'; h·C·ilH·t,~ f_)tl!Hl ..
.~~. 1:-;p P('t\:l'~l { .f ;':l!-',( -~..:~ L~~;\~:",tt
~~:~~(. i, l~ I ,

fits,
t't; :~'iH:' ()U:.~-,'J ~~1i!Y;dj,)l'1 -: ~jn~·.; f
\Vit.h ~(l('urity p}' t;lfH!~~P ;.:nh.:( '\."', (';" j''."l!()(!Hicii ...;,
)!' "t:I~t:i\A' i':--~ !:':' ":"',i \'l~:i'" :ti'\tl";"(';
method :!f !·{'lrlU~·;,j j'{'p ~~:cll~·.t'~
f'· 'Iat~!'~hin'. i:<';b !'.':~·:d ;·\/'tPI"{ I"t,p

( i, r~}iI't'(f/ (! .. ; :.'-' (".p; ("i IiHt{n(~ tyl··:j~·:)~4_~f,!~;>. P··~h!;t·i';. i;l.

;1;, ;7tr\ i~!"o:' ~:n. :;",',~li 'I~'


.
»
8iH!pk- il •.~ '~:'.'. "di l!!.HI~ i'·, ('l'':;~:
,,';:' )~~~'L
{Hl~
iin!~8 Of' P:.~!~;~ 1:.- :q-.~.,.;~L'" -,
I' q,~:~. It!! ,;.. 1 .t ~, 1-,
L;~
,"p.
~~Ei;~in')'~",Ekc-~. ~~~(~>(!r'("'ii!t'ni ", ,-; t ,'["lIc_\, (~I.'

l'P!-rP~·Ul'."d h;,~~~"~I'!; ~":IL;:i L .~~'(.. 't' ~( -. •• , !".'


t·<, ':

\Yiih l~;·~,:·tir·~~ :!',( I


t,
',-(',!'!do:,,;. ;'i

:r::L ;,~'i '.•. I It

:·::.:'pU·:.: (:! :lni~:' ',,1 .: \.':; .. ~./ .'"


niqu;\·' (~nt :;Ji:!f':' (~n ..\il (,f!i,,'it\'" (';1,,:' ill.lit;i:·I'jUI'lIl

iid ,;iJld, I' ,··.n·,~J' .t I(I',';,;'! ,"' !t,,-{, r~; I~!'(l('f ll!:tl ,:I",,'iri., "11',1,, tit' l.i] ,'/1 I •• 11I"'!ll,"

dl'i'! ):1<',' III iiti",;II'oll \1""11", !lll'" 111/

n(':;i'~Ii<'d I" ,'It, i u u: »", ,,,t,",O'<, It ,;<1 1''''·P:II':IlIIlIl. ( \) 1,:.11'1,\ ;lIlIll'''IoI'"!!IOII, ""lIft',,1
<la" I" III! 1I1dl"',
1,;lin;1I1,Ii" Ii,,' ,·1, ,." '"I H' ill t ;
, I ~I L i, 11;' J

1,'.:!r--:JiI .I. l l u: , ,t 'L~,h;HIHt ~I! "''If

Iltd",. 11,\ 1"""''-


• 'I.}, 1. 1 "'lid
il t I 1 \ I.. i ~I '* \
hy illp SUIlI'Plll(' Cour!
" """, ;uHlpll'd (2) Litigation dda~' l'mlHl'H litil':1111 "'1'1'11;,,· :111(1
.r ""1, • .1 I "'"I1IIi1I'I' IHl Octohor :;:,1, l!lKO, is lWl'ehy anxiety, .Jwll~('S and 1;1\\'~'(,I'S llan' :1 IlJ'oi'(,::,;jllll:t1 ,,!tit I I t,1i IIt1!

1.1"1'.' d i',1 Ill!' :-IIIPI'('I!H' Court, (>(,f'ee\i\'p December gauon to avoid misuse and ()VeI'UHl' of lil:';('OII"I',I' alld In .i_l1tf i\ Id ,Lh III h

1 I, 1'1'>11, ;1' :1 }:fa!t'IlH'1ll of the goals of' the Kansas terminntt- litigation as soon :IS it is J'('ac:ol1ahl.v pns:-dlth· tl" \ 111 II! ~ t d
lilllh'lal ;:.1:,:11'111 nwl of tile gem'l',d principles and time to do so, u,.\ IHllt ,i'l.til>lIl
:;1:llIcI:lI'(j" 10 bt~ u,,('d 1114p,'lliddille::-: ('{Ii' the' l))'(j('P14::;ing'
(;~l The ultimat« judicial goal should h(' jllstkl'. 11111 .lli, ii, l\loI~" ,Ili>l
"I" 1·:t"I'~ 11,\ill(' l listrict Couri» of! hie; Stat{'.
spood, ill th(' disposltion of eaF.f'S, Cases should bl' ,) 1.+\;1 I~"! YUdi ~at'
shall hp puhlislu«] in 111(' K;lllHa~, ItqlOl'tH
TIlt' 1'''PIll't dpj('l'llIill\'d on an individual basis, HO! on an asselll"l.\' l' 'Hft ,It tl,t lP-\U C,\
a~; :I part of 111(' Supl'mne ('OI11'( Itll\('''' Hl'hrling (0 line. Lit igallh; and counsel slu!lIld be affo;'dl'd :t .di\ IlIl ,il I, •• i 1h'
I)isl.!'id, Courts, 1'I'ui'iuJ!abk tirnc- to prepare and !)!'('C',f:lli. their ea~('t-l, 'llH,~d \"-' ,. '\i1
"l ,"Ild \11.\
(1) Wt' upprov« tilt' credo of t\J(' .loint ('mllllliU,('(' ('I) N () e<l~;(~»hould he pl'I'lIlitt od ttl flout ill t.1l1' Uilh '\ \\\1
.tl'l it!! 10·\ \ \\1 Iln\,,"'- 'l
1'0)'the i·;rfndiv(J Administration oj' .l ustie« adopted ill systelll. It is tho i'u::;!lotlsihilily of ilw trial judp;"
the W(i(}'e;us a g(mm'ul statement of UJ(' ,l!.'oal::-::md lI::;l:'igncd tho case to take l'hw'p:e or thl' case at all TIMI :
purposes of th« Kansa» .Iudiciul SYHtl'm, pai'ly dah' ill thl' litigat ion and to control t he Pl'()gl'(~K:-:
\!i ! l! '1,\, t hI! "iI \
of Ilw ('<1:';(' lh('i'i'af'tp!' until tho l':l;-;€' i::; dctc-rminod. ,I'
.JI/.':Iin' i;; i:(1('f'lil'( 1(1111'/1 it i«: fu•.;nM , \ f
1,,,ld,1 1>1 >II
(;) TIH'I'p should bp tin«: :.;j:mtial'c/;-; ostuhlished ax H 1\_ '1 • ,'t 1 ' \' 1 ,11 ~ I! I t 111 ~ ,t_ j I\
(A) Fair!y Adilii!lidclw/ H'iIJiI.!!l1 D('fa!! {IIIide for OJ(' di:-lposition of cases, with the under- H'\'jt II! rIll H~ ",~ i 1" t p
Wit h all litiga nt s, in"i,~:;i'111;1lltl III b"'l'\\'i~('. ami CC"jlP- ;,;tmuling 1bnt HlI' s;,,,1 em !lHl:;;t havr- flexihilit.y to ! \Ct.. I \1' d\ii~ iHl I' '111
{~iall.\' tlio;-;(' ('hm')!;t'd with ('I'ill!i\ I'l'PI'P:;;Pllic,d fl,\' eom- ;!(,(:Olll1llotia\(' 11l(' diITl'I','W"'h ill Hll: complexity of , \h 1:I I I i ~ I ,}; ! t~' ,I III ~

pl!lent counsel, ('as('l' and t hn diffvl'en! Pl'Ohlt'Ili": m'f;-;i'.lg' in urban and


rural judi('i:tl di",!i'id::, ;\ ('('I'i <liB amount of delav I ) \H\ I 1\ il ' ;I h~· j \'

(B) n!! nmi}J{ ii'lI! )Udfl("'; may b;! n"t'(·c'~m'.\ ill an illlliyilillaI ('a,'('. ' P'I\1 'lid tHlIilh f d 11.I,.h\

SPlv...t(,d thl'OlIg-h IlOll-ptllitka! Illdhod,4 I,Ja'~\'d on


".,1 t n 1·' d\1 H'Ld JlI·h
qi) A,;Hltlllillg' adequute trinl (,ll!!!'! :-<i af'fing and Iaeil- Ii it" \1, ill d\ t I il~l
merit, iU(';;, ilia! court dl'!ay, i.r-., IH1IW('p:,,,m',': waiting' time,
• i, \

In :;;lInkiNli numbers III ('nlT,'- iho loud, is not in: vituble. Till' pm'(' ut' iitigat ion is uot. riPl'('K- I l' 1 t:~ I t LIt plot' tl
::',lu'il,v{it'tm'l1liw:d hy court ~'iz''. indidt/mtl ('a:-(' loads, i lId.! \' " .\ It! d,~t ill
Adu<jHai,(,]y ('ompl'm;akd, with !'11i!' I'dil'(,llwnt hene- •. 1·.il
01' th» 1'('J'(·('lling'(~ or ('as,,;;; t.hal !!:u In ll'ini. "I'
!f ~ If I I
fits, ,,!.d .\"'1"
\Vith S('('1!J'ity tpw!!'P, or
~;Hllj"('l in nn [,' jJ(.(li' iOIl!"
en Tilt, PU('[' of'!iliplli('ll i" IlLc'!llb,' !'l"'\l!i ofhl!wai I.
II, ,:' :1,\ ~ ~j
I

I(:gnl c."ulinl·(·~j'utb(}!' than ~~PL:'l i.q·'w{'ldiU.'l·,~!_ vth<' !o(l_d~


method qf ,'l'llH)" n I fol' (';)I\};\ ,
nr bacldltp'. ~.In(:~i11\Jr!;d (':?iL~:'(~('( !;,.\i;-;L-', of \.!;t1 (,:·~tab·
Ie) Of1f,'m'ii'U .:!, (i Jfurf'Tii f'.Jil/'f ,"..Ii:;, I!! H~i.t(\d Pxpc'l~l:~-dnllloo',. tH·:'H'lf{\·'~\. :'Et ;!~f';'f;n1;'1,! !·nk~~·:of
p('~l:nt~.'l·pfjnd:'.l:P:,·" c'iTu"tH',\" :H:q ~ i~' p!~;)H~'
~itfli ,h: j ~;J ,'It'IIi''i urt-. •. ~~hu:i~ . ~\·(ld~lppit·"f.: ~ul'ihr~;e·
.H" d"!ll :ili'·
non~·\ I'H' ii,n:rplc· ~~~,pt·;d:-'" f::O;J rrhv i,;J·,·'U',,·,· ;ir':~,' '/
~~.:j:.:.~ (.~j~' ,-i·t;!'t 1 h:..
'~l1Y ~ih' t\-!l~n; lVf~'ai {'tn~U;~(1;,~..- flip
Jl(':'~~:~:
:~':'~i~:';.
:::; i;:.::
:~:,~ ::?,~',[!;~\i;".j:,;{;:': ;./;'/ t,: i;!,;;;: :'1:;'.: l " I; : ~ i( ',.
f:\\ h"
::nd
('f;Pf·t~:lt
if.'
L:";P
LI'.
{f ,~
1d' :':YI
(.~~~.',t." ):I~~\~,~.(·:{·r:c·-',:.","',j""
._~~.~~;;'
z: ,;'''. :j~~n·t~
p;(
~~(!~.Hrd~,t]
r~';H; 1~~l~',~:;:,
f~1~!\!~I·
"f,

\;Vit h p~'at~~h·~li H>.'lJ':n't' r q' ~:'.!nUHi·:i~:;"· H:t t[:t.,B ,!}(~ ~~;.~tf;~l!'_··: u!d ,"11' .: ~ H'· ~~'J.(' "j' i;_I~rn'·
VI.·tWi ...}f)c!~i. tit J~l. j1 i,~, ,,".! i: j - . ; ,I ;; ,j I 1; :. ~.) . ! - t ' ' ill !

\'Vi~L (i.,_ .:~nl~~li" l••..i;·j'(·:~:·, ·i ••


tt, ... i:!.IL!r':
,
:~:.'~ .v-, :.'" «, .r. 't :~'"di! t I:' '~nw
.',._,i ;:-.r1'
~:;;;;li::,:~;';'li''}~:;:;'' i~:';;';'~','.;;, '\

c. '. ~\ ~l
ii;; i'J," I;f, !( , 'i;' , ',,:11 i ~.•.

d.,:!'(·
, !~. ,,' \ ,-'
,,' :). , ,: ~:

'{ ,v: .~.~I( ~' - ~-; t;t, '\~ti' ~·,:~~i.~L'·


; ,~t ~. ," .i
l;~·'.l:;j.i~~
t· ,;,

i ~~ ~;J;':!il (,. ~I~:" ,'~l~!.\jt-l·t1i' n:HI;-ll:;ll~-P di~IPH[~)


Fr_(*L[i'I:'~ ~h, ~,~l':·(':-\::~i l{ -i. -,f'ti":;:i.
i .J l~ III h 1!1
i~f'/,~ 1n', .:f:f ~~~.';C'~:
, I
I 1~(·d!!{·~
~-:: I_~' ,.; l.fl:l:-~j) of H~i:.·~.·:.i {, ~!.
1
I( '! 1l(":(,joPill;\:( ";li,ion:!l ,md ('ni'di\'(' !"inJ-<-wtiing
\t;;\ '~ And <",pediti' ihI' mlminlf'l !'atioll or ,iH:-~ti('p, poii('i('I,::; . ,
11\:1
/170
\ii\~',!~

~~I\l:, ~,It
I,', I" i"._,l
t/ ,\1 tirm ('lflllillllall('i' ]llllil',V, Tn;il ('OIl-
\\11,1,11111',;1 j)(lJlln~11t"

a llH'tli.,h
jll/"';

l!h" f !~(l)
"f "'" "",,"n'd
,h,'I''';'IIIOII, \\1111111

I I II ,,,,, , :.IIIJllld hi' thy; ~()OC! ('<111;;(,;;IIIIIlld lx- 1'('- IWt'II1.v


1\ , IIf,·1 "'111 nll !'('tjlH'St;; should Il(' 1}('1II'<1 .uul )'()~,)IH·d (hl,v;-; 1'1'1111: d:.I. ,,11111111'
'I ('il(/I)it';' :)!J Ca.«, ,I', ..I,;••• ",,,I iIltililli:.;tl~tlitili II!
. ""h'" {'slnt(',,-- 1I11('Old,' I,,, ",oj \\/11. 11'1 1'(,(\(,1,,,1 ('s-
I , 11/'\.-1' "as,'s should he umphasized and ordiuuri- tat(· lax !'dlll'l! 1·,·t1llll'.t, I" 1/11;.1disposition,

" fll'II,I'ity ill trial scuiugs: within ;\ llwdi<lll lUll' .,1 ,.11<' \, .11 fl'IItil (\lIj!) of
,,\ filing'.
,I I \ II; I ,fIll and d1'i('ie!!! information :";V:->!('!ll
;1 I"" I I :lI'aiiab!p to ident ifv (';1:->(1" I hat are ai \'Ul'i·,
III
Cri J// 1//11/ , 'II "

".f .\ ,I II ! III' :';II!xgl!"tpd Iinu- ';;llllldal'<!;; nnd to provid« F('irJII!f'- to trial 01' pk:l, \\ltilll' .1 III"dl:!!' !itllt, or
"".111"11111', \'\'ahultinll or Ill(' :-',vsteill as a whol«, ollc-i1lllidl'pd-tw('nl,V <1::01 .1,'1 II"H! .!lil,. Ill'
J~
f Inl I·hv .illdg!';; uud the lawyers of Kansas "bnllid
first apP(!Hi'wteC.
II li,/ i;;(kli/('(I,tf))'--(l'x('!llding j 1'.11'1'11') I •• 1!'I:d " r ph'<I,
,..1 I"""j with interested citizens to monitor thr:
ht,1'
within a median time 01 ;',1'·1.\ t!;"! <laS;' fr.uu
r- ,., "'i' .. I' Ilip judiciul "ysi('m in HII' ::-;tat(~ alld (';teh
dail' Ill' first apP(',lJ';lll('('.
,;,>1 •• ," ;\1 .t rict. 'I'hev should I.'-,p!m'p nu-t hods or
Tj'(~m('- ..·j(} trial OJ' plea, within ,\ 11It!1I;1I! IIIII!' 0['
";'l'I""'lIfI'liI, kt,p!l Ow public inlormed of tho op!'!';!-
r- I, .r, ••I lilt' "ollrl;;, and };p.'\.; publie "1I!.rt~(>sti()ns and
thirtv (:;(rl da~-~ Irom ,l:ilt' oj' rilJlw,
.";
Ii
''''1,,111 1,,1' lilt' improvenn-ni of Ow .1wljeial ;;,wll'lil. The term "mcxllau" a;; UH!(1 ill tll(':"(' llnll" blldnd;;
Hi TI 1\1E :-iTt\I\UAltD14
means that a\ 1(';tSl GO"; or the l'a:-;p}; :-;lIh,il"'j ii/ ,1lldwial
ddt'I'nliilatiO!l aI'l' il'i('d 0;' <lispo;;!-" "I' Will,;!! Ill('
'II 11\I 'It:ql((T no r-ivil ('~ISf':-'., !,:,('ppl. dOIlH'"ii,' ,'('\:,- p~f nht1~h('d t ~n1(~SlCl.1Hlard,..: .
." ".
'., :llotlld IIi'dilwl'ih fw ;;I'l., lor ail inil in! I I) \\'!u:!l <l !'t;!iO;-[ (if' the ,jlldi('i;ti I\<ill '1Il1",j.r; 1101'
.j
I; • "" ,,, ",,:lr<·n·lJ('P wit.liil; rill'I-,
v-tiv« (.1:')) (\;IY:': or 1Ill' ,;1,<,;\:; thnt a civil !';lS(~ h:!:< h'.'I'i!
pPlidill~" 1'01' 11101'(' I h:1I1
ii,':' ••1 Iii 11.::\Vp;'1o 1.";pIOi'\' p"o:-;p('('b lor ~'dtl(,l;;'.'lll. lW'l ,I','W'i-<, ,-!\('!J {'as,' ,:.lwil \1(' ;.~i\'('lipr;u,-jl.\ ,\,pj' al!
i,I'" ,·111',1111.,fill' '.'Olilpi.,tiflll 01' disI.:O\'P!':-:. »ud ;1](. ;.'mh:-~vquPH1i.v !'ilpd l·H:~~~'"cUlt} dh' (:d1Ilini~!l·ai:\'t, j:Hig(~
.f,
"".,, "I I d:11<' fell' ,i PI'(It!'iai ('tlilr(:;'(,!!!'(, ;1;111 t"li'll'i;il: ~'h(lldd I'vjlorJ. t he t';';;~;ilfl fo!' dl'la.v in di"po>;iiioll to UH'
h :-I'.,j! ('(i~'J\ ,.\11ieh lia~ f'(:PB p(ilHilng: lor nj')rp ;!"P;lI'tllH'il.'l! ju;.:ti('{'.
I'
iljl~!n'd ('~:~~h1.~· ~.;;-:1)~dH,\~ ~'-haH ~r:of ~j Jl\.~I~11 (;)) In t',''',',,' ,in.!! ';H' dLd j'jet il! tilt' ;;tail'. [Lpt'('
I,

: ill" il'mi jndv,-' ;i·,,1 s\,onld ('~'din:ll'jt,\' I;: ~;lH"~1I{i!,p e::-;t:lbli;;hl<! ~:i hn!h'h~h~H' tf'ruuiH!'1.; {'OBI'
tJt.~..:,{ .•:! -,f jild!.ll-; ... u.i.i ~nnliit{J:" ll:' n~J(':'~1titnr
l~f\.~~:;'(;~·~":
t
'Ii It d :!U ll'i~!i ~.v1i:j,:r:.:. r ,

11'1 t:i' " }1':!'i~, in L~!> (r>; ~"l", ~. fF-\"I\I'l1 J}·\J~/;~':1q:~.; Co:'
',;1 .n!jL~ ~ .(~ :,,'h.1U {'~tr;l'- ;~iYf." ~l~<·;!~~_;.,:t(:.d i:,li:~"e\-p1!i:'nt (Ir ;'.::;1'1 ;:'t'i'~~(·t·;", ~H~I,t~ r"·i1~U~;J{·a:id
i,',:bi;: f( ..~· il'~'<~"-"1'''~~~1(1 PI' ~~tq;·i' -':,,-t.' .' ~'~'.-' I:,~: '.I \Hdlt;.dii:z: __ • ,d ;,;'1' .!tl;:.~ ,,~·.r;':iiB t~, info~'Hl
i i' ~_,'i'~" ~; ;' .. ~"':t: ~j: ~n ,~;:.' r~:·!e.i{~E ~d~n
("
i i~':'
,. r, '; I~ di.;i~o"l.:f J~~ til l"·.!':!·i:i· r , f \ . " ~! j
t ~' • ~.~ (i '( i;: .. , td!:':: \~./.
l t::'t' ,.' i-. J~
I. :::! . ~'" '.:. ". I,..; ~\.I'it '~~.'
: n;:r'it ·'!'t·': hi.' l'r !';i fJi' ;:.''Hi.
~l,t.,·,'j"f~~!'

I', ,.,. f: i,.


,j .i;,:_ '\ •.j';.":~. ~l !'::!i ~ :~i~)f.~
"'-, ", .c- }-
- '"
.!h~'li .. "-. ."·i ~',i:d :1.. >i',fq~ !)!'>1;1'-~ (!j' l~'!n

!Jt :
,
: ;:I.~.
- ,
-'.',: ~I "li::,l:, .~~
\.; .. ,:; ".!C! "'~l~',!f.
~•J '~:- ; • ':',1;: ~J ( r. j,. ~",!~.! >"";':. 1
d~!,
" , ;i I':~('i . ;';1 :'-;. t ;"f' ;'.1
~ .! ::( ' ••
;'

'(":f 't-
'.r. .~!(
'.:1
"

" .!:'
RULES REL'\TINC TO
JUDICIAL CONDUCT
Rule 50l
CODE OF JljUICIAL CONDUCT
[History: Superseded by Rule 60lA effective [une 1, 1995.:
Rule BOlA
CODE OF JtJDICIAI. COl\'I)UCT
-HistOln;: Superseded
- , J-
bv Rule eOlB, effective March 1, 2009.1
~ ••

Rule 601B
KAl'l:SASCODE OF JUDICL>\.L CONDUCT
Grateful recognition is due the Commission on Judicial Qualifications
for its assistance in the extensive analysis and study that preceded the
adoption ofRde cOlB. The Commission members were: Chairman, Hon.
Robert J. Fleming, District Court Judge, Parsons, Kansas, Vice-Chair-
man, Nancy S. Anstaett, Attorney, Overland Park, Kansas; Secretary,
Carol G. Green, Appellate Court Clerk, Topeka, Kansas; Hon. J. Patrick
Brazil, Court of Appeals C!lie~'J"Jdge, Retired, Topeka, Kansas; Bruce
Buchanan, Lay :\f:.:rd,;:-.:". H:l::'::~.:.:Json. Ka..nsas: Dr. M~.Davidson Co-
hen
e,••, Lav Memher
ld .JC; •. ';--
'f ..•••.. ,,-,":'ci ..; ,,-~ "~ ••--c
_,,-,w.. 1\.,,,, -<L: su"
s: on. Th eO.e
'0.'0"- B . I ce, .L/1.l
' st nc ict
Court Judge, Hetired, XE-'.\:'·O .. , Kansas; Hon. Jennifer L. Jones, Municipal
Judge. Wichita, K3.I sas: Hon. David J. King, District Court Chief Judge,
Leavenworth, Kansas, Jeffery A. Mason, Attorney, Goodland, Kansas;
Christina Pannbacker. Lay Member, Washington, Kansas; Mikel L. Stout,
Attorney, Wichita, Kansas; William B. Swearer, Attorney, Hutchinson,
Kansas; Carolyn Tillotson, Lay Member, LEavenworth, Kansas, ~no .
Thomas L. Toepfer, District Court [udge, Hays, Ka.11Sas;and fonne-.~
member participating in this Code revision. Hen. Lawrence E. Sheppard,
District Court Judge, Olathe, Kansas.
The revised Model Code of Judicia! Conduct adopted bv the House of
Dele§;a::es of the American Bar Assoclatko -::::1 Febru-ary 12: 2007, as here-
inafter modified, is adopted as &. rule of this Court to be deSignated the
Kansas Code of Judicial Conduct. The Kansas Code of [udicial Conduct
as hereinafter set forth shall be er:ective as of March 1, 2009. :\11 alleged
violations c01~,r'.i~t:::!before March 1, 2009, shall be subject to Rule 601A
(2005 Kan. Cr. s: v~~!.Lot.64S't.
PREA ...
\lBLE
)1 AD. Independent, fair and :n partial judiciary is indispensable to ow'
5~•... stern of justice. Our legal system is based upon the principle that an

(663)
JUDICML CONDUCT 671

or in any other proceeding related thereto only "lith the ell.-pressconsent


of all parties pursuant to Rule 1.12(a) of the Kansas Rules of Professional
Conduct (KRPC 1.12[a] [2008 Kan. Ct. R. Annot. 487]).
[3J If serving as a fiduciary when selected as judge, a new judge may,
notwithstanding the prohibitions in Rule 3.8, continue to serve as fidu-
ciary but only for that period of time necessary to avoid serious adverse
consequences to the beneficiary of the fiduciary relationship and in no
event longer than one year. Similarly, if engaged at the time of judicial
selection in a business activity, a new judge may, notwithstanding the
prohibitions in Hule 3.11, continue in that activity for a reasonable period
but in no event longer than one year.
[History: New Rule effective March 1, 2009.)

CAt'lON 1

A JUDGE SHALL UPHOLD At'\T]) PROMOTE TIIE


INDEPEJ\'DENCE, INTEGR11'Y, AND IMPARTIALI1'¥ OF l1lE
JUDICLlliY, •.\;.'\']) SHALL AVOID IMPROPRIETY AND THE
APPEARA~,\;CEOF L"1PROPRIETY.
Rl'LE 1.1
Compliance with the Late
A judge shall comply with the law and the Kansas Code of Judicial
Conduct.

RULE 1.2
Promoting Confidence in the Judiciary
A judge shall act at all times in a manner that promotes public confi-
dence in the independence, integrity, and impartiality of the judiciary,
and ~hi.lll avoid impropriety and the appearance of impropriety.

COMME!\l
[1] Public confidence in the judiciary is eroded by improper conduct
and conduct that creates the appearance of impropriety. This principle
applies to both the professional and personal conduct of a judge.
~2]A Judge should expect to be the subject of public scrutiny that might
be viewed as burdensome if applied to other citizens, and must accept
the restrictions imposed by the Code.
[3J Conduct that compromises or appears to compromise the inde-
pendence, integrity, and impartiality of a judge undermines public con-
fidence ill the judiciary. Because it is not practicable to list all such con-
duct, the Rule is necessarily cast in general terms.
IUDICL>\L CONDUCT 673

the judge should retain sufficient control over the advertising to avoid
such exploitation.

CA.l'l"ON 2
A JUDGE SHALL PERFORM THE DUTIES OF JUDICIAL
OFFICE lJ.liPARTIALLY, COMPETENTLY, AND DILIGENTLY.
RULE 2.1
Giving Precedence to the Duties of Judicial Office
The duties ofjudicial office, as prescribed by law, shall take precedence
over all of a judge's personal and extrajudicial activities.

COMMEl\TT
[1] To ensure that judges are available to fulfill their judicial duties,
judges must conduct their personal and extrajudicial activities to minimize
the risk of conflicts that would result in frequent disqualification. See
Canon 3.
[2] Although it is not a duty of judicial office unless prescribed by law,
judges are encouraged to participate in activities that promote public
understanding of and confidence in the justice system.
RtJLE 2.2
Impartiality and Fairness
A judge shall uphold and apply the law, and shall perform all duties of
judicial office fairly and impartiallq.

COM;\fEI'rr
ll} To ensure impartiality and fairness to all parties, a judge must be
objective and open-minded.
(2J Although each judge comes to the bench with a unique background
and personal philosophy, a judge must interpret and apply the law without
regard 1:0 whether the judge approves or disapproves of the law in ques-
tion.
l:3] When appl).'ing and interpreting the law, a judge sometimes may
make good-Luth errors of fact or law. Errors of this kind do not violate
this Ru!e.

UULE 2.3
Bias, Prejudice, and Harassment
(A) A judge shall perform the duties of judicial office, including ad-
rninistrative duties, without bias or prejudice.
(B) A judge shall not, in the performance of judicial duties, by words
or conduct manifest bias or prejudice, or engage in harassment, including
but not limited to bias, prejudice, or harassment based upon race, sex,
674 RULES ADOPTED BY THE SUPREME COURT

gender, religion, national origin, ethnicity, disability, age, sexual orienta-


tion, marital status, socioeconomic status, or political affiliation, and shall
not permit court staff, court officials, or others subject to the judge's
direction and control to do so.
(C) A judge shall require lawyers in proceedings before the court to
refrain from manifesting bias or prejudice, or engaging in harassment,
based upon attributes including hut not limited to race, sex, gender, re-
ligion, national Oligin, ethnicity, disability, age, sexual orientation, marital
status, socioeconomic status, or political affiliation, against parties, wit-
nesses, lawyers, or others.
(D) The restrictions of paragraphs (B) and (C) do not preclude judges
or lawyers from making legitimate reference to the listed factors, or sim-
ilar factors, when they are relevant to ,ill issue in a proceeding.

COMMEKT
[1] A judge who manifests bias or prejudice in a proceeding impairs
the fairness of the proceeding and brings the judiciary into disrepute.
[;2J Examples of manifestations of bias or prejudice include but are not
limited to epithets, slurs-demeaning nicknames, negative stereotyping;
attempted humor based UpO:1 stereotypes; threatening, intimidating, or
hostile acts; suggestions of connections between race, ethnicity, or na-
tionality and crime; and irrelevant references to personal characteristics.
Even facial expressions and body language can convey to parties and law-
yers in the proceeding, jurors, the media, and others an appearance of
bias or prejudice. A judge must avoid conduct that may reasonably be
perceived as prejudiced or biased.
[3J Harassment, as referred to in paragraphs (B) and (C), is verbal or
physical conduct that denigrates or shows hostility or aversion toward a
person on bases such as race, sex, gender, religion, national origin, eth-
nicity, disability, age, sexual orientation, marital status, socioeconomic
status, or political affiliation.
[4] Sexual harassment includes but is 110t limited to sexual advances,
requests for sexual favors, and other verbal or physical conduct of a sexual
nature that is unwelcome.

RULE 2.4
External Influences 011 Judicial Conduct
(A) A judge shall not be swayed by public clamor or fear of criticism.
(H) A judge shall not permit family, social, political, financial, or other
interests or relationships to influence the judge's judicial conduct or judg-
ment.
675

(C) A judge shall not conveyor permit others to convey the impression
that any person or organization is in a position to influence the judge.
CO~\JMEN'f
An independent judiciary requires that judges decide cases according
to the law and t~ICt:S, without regard to whether particular laws or litigants
are popular or unpopular with the public, the media, government officials,
or the judge's friends or family. Confidence in the judiciary is eroded if
judicial decision making is perceived to be subject to inappropriate out-
side influences.
RULE 2.5
Competence, Diligence, and Cooperation
(A) A judge shall perform judicial and administrative duties, compe-
tently and diligently.
(B) A judge shall cooperate with other judges and court officials in the
administration of court business.
CO:~·.E\j{E~"r
[lj Competence in the performance of judicial duties requires the legal
knowledge, skill, thoroughness, and preparation reasonably necessary to
perform a judge's responsibilities of judicial office.
:21 A judge should seek the necessary docket time, court staff, exper-
tise, and resources to discharge all adjudicative and administrative re-
sponsibilities.
[:3]Prompt disposition of the court's business requires a judge to devote
adequate time to judicial duties, to be punctual in attending court and
expeditious in determinina matters under submission, and to take rea-
sonable measures to ensure that court officials, litigants, and their lawyers
cooperate with the Judge to that end.
L4J In disposing of matters promptly and efficiently, a judge must dem-
onstrate due reg;;ml for tile rights of parties to be heard and to have issues
resolved without unnecessary cost or delay. A judge should monitor and
supervise cases iri \vays that reduce or eliminate dilatory practices, avoid-
able delays, and unnecessary costs.
RULE 2.6
Ensuring the Right to Be Heard
(A) A judge shall accord to every person who has a legal interest in a
proceeding, or that person's lawyer, the right to be heard according to
law.
(B) A judge rnay encourage parties to a proceeding and their lawyers
to settle matters in dispute but shall not act in a manner that coerces any
party into settlement. But see Rule 2.11 Disqualification.
676 ~R:U:~TL=E='S~A~D~O~PT~E=D_B~Y~T_H_E_S_'U
__PR_E_._M_E_C
__O_V_R_T _

CO:\lMEl\TT
The right to be heard is an essential component of a fair and impartial
system of justice. Substantive rights of litigants can be protected only if
procedures protecting the light to be heard are observed,

RUU: 2.7
Responsibility to Decide
A judge shall hear and decide matters assigned to the judge, except
when disqualification is required by Rule 2.11 or other law.

COM~lENT
Judges must be available to decide the matters that come before the
court. Although there are times when disqualification is necessary to pro-
tect the lights of litigants and preserve public confidence in the inde-
pendence, iJltegrity, and impartiality of the judiciary, judges must be avail-
able to decide matters that come before the courts. Unwarranted
disqualification may bring public disfavor to the court and to the judge
personally. The dignity of the court, the judge's respect for fulfillment of
judjc:i~l duties, ~LUda proper concern for the burdens that may be imposed
UP( I, the judge's colleagues require that a judge not use disqualification
to avoid cases that present difficult, controversial, or unpopular issues.

RULE 2.8
Decorum, Demeanor, and Communication with JW'ors

(A) A judge shall require order and decorum in proceedings before the
court.
(B) A :udge shall be patient, dignified, and courteous to litigants, jurors,
witnesses, lawyers, court staff, court officials, and others with whom the
judge deals in an official capacity, and shall require similar conduct of
lawyers, court staff, court officials, and others subject to the judge's di-
rection and control.
,:C- A judge shall not commend or criticize jurors for their verdict other
tkill in [( court order or Opi11ionin a proceeding.

CO'\.Eo/IE~"T
[1) The duty to hear all proceedings with patience and courtesy is not
inconsistent with the duty imposed in Rule 2.5 to dispose promptly of
the business of the court. Judges can be efficient and businesslike while
being patient and deliberate.
[2] Corn mending or criticizing jurors for their verdict may imply a
judicial expectation in future cases and may impair a juror's ability to be
fair and impartial in a subsequent case.
IUDICL\L CONDUCT 679

(C) A judge shall require court staff, court officials, and others subject
to the judge's direction and control to refrain from making statements
Blat the ju'dge would be prohibited from making by paragraphs (A) and
(B).
(D) Notwithstanding the restrictions in paragraph (A), a judge may
make public statements in the course of official duties, may explain court
procedures, and may comment on any proceeding in which the judge is
a liti~;ant
~ in a personal capacity. .
COivJ[MENT
[11 This Rule's restrictions on judicial speech are essential to the main-
tenance of the independence, integrity, and impartiality of the [udiciary.
[2] This Rule does not prohibit a judge from commenting all proceed-
ings in which the judge is a litigant in a personal capacity. In cases in
which the judge is a litigiillt in an official capacity, such as a writ of man-
damus the judge must not comment publicly.

RUlL.E 2.11
Disqualification
A ii!di£t~shall disoualifv himself or herself in anvJ proceeding in
~ ,_. ..l '"

which theiudze's
.., I.:' imoartialitu
,:; might reasonablv be questioned, including
j . I~

but Hot Iimited to the following circumstances:


(1) The judge has a personal bias or prejudice concerning a party or
a party's lawyer, or personal krwwledge of facts that are in dispute in
the proceeding.~,
(2) The judge knoios that the judge, the judge'S spouse or domestic
partner, or a person within the thir-d clew-ee of relationship to either
of them, or the spouse or domestic partner of such a person is:
(a) a pmy to the proceeding, or an officer, director, general part-
ner, rrumaping member, or trustee of a party,
D '.... J . •••

(b) acting as a lawyer in the proceeding,


,,-. " l.

(c) a person who has .more than a de minimis interest that could
be substantially affected by the proceeding; or
(d) like I)' to be a material witness in the proceeding,
(3) The judge knows that he or she, individually or as afidu.ciary,
or the judge's spouse, 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 party to
the proeceding.
(4) The judge, while a judge or a judicial candidate, has made a
public statement, other than in a court proceeding, judicial decision,
I

i
Ii
1!.ansas <lI:ommission
i
KANSAS JUDICIAL CENTER
TH
301 SW 10 AVE., ROOM 115

on jf ubi~iaI qconbud TOPEKA, KANSAS 66612


785-296-2913 • judgeconduct@kscourts.org

I I
I
+COMPLAlNT AGAINST A JUDGE +

Please Note: \Complaint form must be typed or legibly hand-printed, dated, and signed before it
Ilwillbe considered. Complaint forms may be submitted by u.s. Mail or scanned
land submitted bye-mail.
1

I. PERSON MjAKING THE COMPLAINT


LA H 1 'D; Y1 I /3/,,; r
Full Name I Inmate Number, if applicable

0/6 W.\I to rc~s±


Mailing Address

P:tts hv'C~ I f> 0&76 1 NA


Telephone Number

Preferred Method of Communication: XU.S. Mail __ E-Mail

Type of Judge(c~eCk
one): £Upreme Court Justice __ Court of Aopeals Judge

i! -V District __ District Magistrate __ Municipal


__ Pro Tempore __ Other _
!

Page I 1
\
III. COURTICASE INFORMATION
If the complajnt involves a court case, please provide:
-Case Title: 1+",.+<: () { Rqn~Ct S V s. l{J t\ X G L i F{,'f/1 Case Number: Qo 1<3 C (2;) 0 16
-Your Relatiqnship to the Case: ~intifflPetitioner ____ Defendant/Respondent
I Oilier _

I
IV. STATEMENT OF FACTS
In the fOllow1g section, please provide all specific facts and circumstances which you believe
constitute judicial misconduct or disability. Include names, dates and places which may assist
the Commissi n in its evaluation and investigation of this complaint.
I

I
<;t'e ~++q(lkeJ Co W)jO 1~'.Vl+'.
j

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

Page I2
I

V. ATTACHMENTS
iI
Relevant documents: Please attach any relevant documents which you believe directly support
your claim that the judge has engaged in judicial misconduct or has a disability. Highlight or
otherwise identify those sections that you rely on to support your claim. Do not include
I
documents w~ich do not directly support your complaint, for example, a copy of your complete
court case. I
i
*Keep a copJ of all documents submitted for your records as they become the property of the
Commission fd will not be returned. *
!

In riling , complaint, I understand that:

~ Thei Commission's rules provide that all proceedings of the Commission,


including complaints filed with the Commission, shall be kept confidential
unless formal proceedings are filed. The confidentiality rule does not apply to
the ]'omplainant or the judge against whom a complaint is filed.

~ The Commission may find it necessary to disclose my identity and the existence
of this complaint to the involved judge. By filing this complaint, I expressly
cons~nt to any such disclosure. .

I
VI. SIGNATWRE
I
I
I declare that t~ the best of my knowledge and belief, the above information is true, correct and
complete and submitted of my own free will.

~==-- ~<O

Signature

FOR GIG USE ONLY

Complaint No. ----:-

Page 13
i
!
January 29, zozo
I
Commission on Judicial Qualifications
I

301 S.W. Tent~, Ave


I

Topeka Ks 666r I

State of Kansas vs. Max Griffin Case Number :} 0 I<{, C R )0) G


I
Complaint on 1~th district judge Jennifer Brunetti of 111 E. Forrest Ave, Girard Ks 66743

Greetings Judicial Commission:


I
I went to court ion January 28, 2020 and sat in the gallery while my boyfriend Max Griffin who is the
defendant in t~e above mentioned case was suppose to have his court hearing. This case has been.
going on since te was arrested in 2018 and had a first appearance in January of 2019 and my boyfnend
was supposed 0 have a speedy trial within 180 days and it is now over 365 days. His court appointed
attorney Jason I iske won't file any motions at all and he did not report Judge Jennifer Brunetti for
(DELAY) in this ¢ase and for a (CONFLICT OF INTEREST)yet Judge Jennifer Brunetti recused from this case
I
for a conflict of linter est after he made a complaint. My boyfriend made an ethic complaint against
Judge Brunetti bn 1-13-2020 and 1-19-2020 and informed his attorney Jason Wiske and wanted him to
file a motion toldisrnlss for lack of prosecution but his attorney would not do it. Then in court his
attorney told t~e judge that his client Max Griffin filed a complaint against her without his knowledge
and then the ju~ge said "can we have a sidebar" and Christina Lyod the prosecutor and Jason Wiske
I

both approached the bench then all (3) of them were whispering so that no one else could here what
was being said ~nd they were covering the microphone. I think that was unethical and it seemed to be
an Ex-parte conrersation because my boyfriend the Defendant and no one in the gallery including the
court reporter fUld here the whispering going on between the judge and the (2) attorneys. The court
video camera will show this unethical behavior and how Max Griffin's court appointed attorney seemed
to be more of a Ipublic pretender than a public defender and he seemed to be working and colluding
with Christina L~od and the county attorney's office along with the judge to help prosecute Max.
I

Judge Brunetti Ithen says "I am going to give this to the chief judge and you will be notified of the next
court date".

My boyfriend went up to the courthouse on 1-29-2020 and got a copy of the court ROA and it shows
that Judge Brunktti recused from this case. According to the code of judicial conduct Judge Brunetti
I
1
seems to have Violated Rule 2.7 Responsibility to Decide and Rule 2.11{A} Disqualification or she would
not have recused from this case because she knew my boyfriend since he was little and it was a conflict
I
of interest for her to be in this case for over a year. I feel Max Griffin has now not received his
I

constitutional stp and 14th amendment rights of due process and equal protection because he had a
I
judge in this cast who was not qualified to have (SUBJECTMATTER JURISDICTION) over this case under
K.s.A. 20-311d change of judge procedure, code of judicial conduct Rule 2.11(A) Disqualification, and no
due process and\ equal protection under the 5th and 14th amendment of the united states federal

I
I
I
I

Ii
I
constitution. J~dge Brunetti never reported Christina Lyod for (DELAY) for not getting my boyfriend to
trial within 180\ days under Rule 2.15(B)(D} Responding to Judicial and Lawyer Misconduct. My
boyfriend's attornev Jason Wiske tried to withdraw from representing my boyfriend because Max is
extremely disa~pointed with his attorneys lack of preparation and his incompetence in this case. Judge
Brunetti denie~ the withdraw as attorney and forced my boyfriend to have to deal with an attorney who
is incompetentjl feel that Judge Brunetti also violated Rule 2.3 Bias, Prejudice, and Harassment and
Rule 2.5 Competence, Diligence, and Cooperation because she has allowed the case to go over 365 days
without a preli~inary hearing or a jury trial and has not DISMISSED this case.
I

i
Judge Jennifer ,runetti was an area defense attorney for years and was known to be able to get anyone
out of DUI cases as long as you came up with the money which she was expensive. My boyfriend does
not have monet and has been forced to use a court appointed attorney and I feel that she is biased and
prejudiced agairst him because she was a (HIGHLY PAID DEFENSEATIORNEY) in this area and looks
down on litigants that are indigent and have to use the court appointed attorney. Judge Brunetti and
Michael Gayos~ have been personal and private friends for years and went against each other in court
and have maid Jeveral deals to dismiss DUI cases in the past when she was a Crawford County defense
attorney and h, was the county attorney. I feel that is a conflict of interest for her to be a criminal judge
with Michael Gqyoso as the prosecutor.

Please investiga e why this case has not went to trial and/or been DISMISSED?

Please request j copy of the court video camera from the attempted court hearing on January 28, 2020
to show the unl~hical behavior of the (2) police officers that were witnesses laughing and smirking and
staring down my boyfriend with evil eyes and an evil eyebrow trying to intimidate him. The video will
also show JUdge!Brunetti whispering to both attorneys and covering the microphone so that the people
in the gallery and court reporter could not hear there (EX-PARTE) conversation which is not allowed
under Rule 2.9 ~-parte Communication. Then the next day according to the court ROA judge Brunetti
recused from th~ case.
!
I am filing this cqmplaint in accordance with Kansas Supreme Court Rule 223 Immunity and Rule
2.16(A}{B} to avqid any retaliation by the court, Michael Gayoso, Jason Wiske, and Christina Lyod from
the complaint th1at I have a right to file.

Please conduct ~ thorough


I investigation into the unethical behavior of Judge Jennifer Brunetti.

Thanks and I apJreciate your speedy attention to this very important matter that has dragged on since
2018 and there ~as still not been a preliminary hearing or a trial.
I
i
Lawren Blair
JUDICIAL CONDc:C_T 6_7_7

[3] A judge who is not otherwise prohibited by law from doing so may
meet with jurors who choose to remain after trial but should be careful
not to discuss the merits of the case.

RULE 2.9
Ex Parte Communications
(A) A judge shall not initiate, permit, or consider ex parte communi-
cations, or consider other communications made to the judge outside the
presence of the parties or their lawyers, concerning a pending or im-
pending matter, except as follows:
(1) When circumstances require it, ex parte communication for
scheduling, administrative, or emergency purposes, which does not
address substantive matters, is permitted, provided:
(a) the judge reasonably believes that no party will gain a pro-
cedural, substantive, or tactical advantage as a result of the ex parte
communication; and
(b) the judge makes provision promptly to notify all other parties
of the substance of the ex parte communication, and gives the par-
ties an opportunity to respond.
(2) A judge may obtain the written advice of a disinterested expert
on the law applicable to a proceeding before the judge, if the judge
gives advance notice to the parties of the person to be consulted and
the subject matter of the advice to be solicited, and affords the parties
a reasonable opportunity to object and respond to the notice and to
the advice received.
(3) A judge may consult with court staff and court officials whose
functions are to aid the judge in carrying out the judge'S adjudicative
responsibilities, or with other judges, provided the judge makes rea-
sonable efforts to avoid receiving factual information that is not pari
of the record, and does not abrogate the responsibility personally to
decide the matter.
(4) A judge may, with the consent of the parties, confer separately
with the parties and their lawyers in an effort to settle matters pending
before the judge. But see Rule 2.6(B) Ensuring the Right to Be Heard
and Rule 2.11 Disqualification.
(5) A judge may initiate, permit, or consider any ex parte commu-
nication when expressly authorized by law to do so.
(B) If a judge inadvertently receives an unauthorized ex parte com-
munication bearing upon the substance of a matter, the judge shall make
provision promptly to notify the parties of the substance of the cornmu-
ntcanon and provide the parties wtth an opportunity to respond.
JUDICIAL CONDUCT 683

(2] Taking or initiating corrective action by way of referral to an assis-


tance program may satisfy a judge's responsibility under this Rule. Assis-
. tance programs have many approaches for offering help to impaired
judges and lawyers, such as intervention, counseling, or referral to ap-
propriate health care professionals. Depending upon the gravity of the
conduct that has come to the judge's attention, however, the judge may
be required to take other action, such as reporting the impaired judge or
lawyer to the appropriate authority. See Rule 2.15.

RULE 2.15
Responding to Judicial and Lawyer Misconduct
(A) A judge having knowledge that another judge has committed a
violation of this Code that raises a substantial question regarding the
judge's honesty, trustworthiness, or fitness as a judge in other respects
shall inform the appropriate authority.
(B) A judge having knowledge that a lawyer has committed a violation
of the Kansas Rules of Professional Conduct that raises a substantial ques-
tion regarding the lawyer's honesty, trustworthiness, or fitness as a lawyer
in other respects shall inform the appropriate authoritu,
(C) A judge who receives information indicating a substantial likelihood
that another judge has committed a violation of this Code shall take ap-
propriate action.
(D) A judge who receives information indicating a substantial likelihood
that a lawyer has committed a violation of the Kansas Rules of Professional
Conduct shall take appropriate action.

COMMENT
[1] Taking action to address known misconduct is a judge'S obligation.
Paragraphs (A) and (B) impose an obligation on the judge to report to
the appropriate disciplinary authority the mown misconduct of another
judge or a lawyer that raises a substantial question regarding the honesty,
trustworthiness, or fitness of that judge or lawyer. Ignoring or denying
known misconduct among one's judicial colleagues or members of the
legal profession undermines a judge's responsibility to participate in ef-
forts to ensure public respect for the justice system. This Rule limits the
reporting obligation to those offenses that an independent judiciary must
vigorously endeavor to prevent.
[2] A judge who does not have actual knowledge that another judge or
a lawyer may have committed misconduct, but receives information in-
dicating a substantial likelihood of such misconduct, is required to take
appropriate action under paragraphs (C) and (D). Appropriate action may
include, but is not limited to, communicating directly with the judge who
684 RULES ADOPTED BY THE SUPREME COURT

may have violated this Code, communicating with a supervising judge, or


reporting the suspected violation to the appropriate authority. Similarly,
actions to be taken in response to information indicating that a lawyer
has committed a violation of the Kansas Rules of Professional Conduct
may include but are not limited to communicating directly with the lawyer
who may have committed the violation, or reporting the suspected vio-
lation to the appropriate authority.
RULE 2.16
Cooperation with Disciplinary Authorities
(A) A judge shall cooperate and be candid and honest with judicial and
lawyer disciplinary agencies.
(B) A judge shall not retaliate, directly or indirectly, against a person
known or suspected to have assisted or cooperated with an investigation
of a judge or a lawyer.
COMMENT
Cooperation with investigations and proceedings of judicial and lawyer
discipline agencies, as required in paragraph (A), instills confidence in
judges' commitment to the integrity of the judicial system and the pro-
tection of the public.
CANON 3
A JUDGE SHALL CONDUCT THE JUDGE'S PERSONAL AND
EXTRAJUDICIAL ACTlVITIES TO MINIMIZE THE RISK OF
CONFLICT WITH THE OBLIGATIONS OF JUDICIAL OFFICE.
RULE 3.1
Extrajudicial Activities in General
A judge may engage in extrajudicial activities, except as prohibited by
law or this Code. However, when engaging in extrajudicial activities, a
judge shall not:
(A) participate in activities that will interfere with the proper perform-
ance of the judge'S judicial duties;
(B) participate in activities that will lead to frequent disqualification of
the judge;
(C) participate in activities that would appear to a reasonable person
to undermine the judge'S independence, integrity, or impartiality; or de-
mean the judicial office; or
(D) engage in conduct that would appear to a reasonable person to be
coercive.
COMMENT
[1] To the extent that time permits, and judicial independence and
impartiality are not compromised, judges are encouraged to engage in

--- --- -- --- ---------------


January 29,2020

Commission on Judicial Qualifications

301 S.W. Tenth Ave

Topeka Ks 66612

State of Kansas vs. Max Griffin Case Number 2018CR201g

Complaint on n" district judge Jennifer Brunetti of 111 E. Forrest Ave, Girard Ks 66743

Greetings Judicial Commission:

I went to court on January 28,2020 and sat in the gallery while my boyfriend Max Griffin who is the
defendant in the above mentioned case was suppose to have his court hearing. This case has been
going on since he was arrested in 2018 and had a first appearance in January of 2019 and my boyfriend
was supposed to have a speedy trial within 180 days and it is now over 365 days. His court appointed
attorney Jason Wiske won't file any motions at all and he did not report Judge Jennifer Brunetti for
(DELAY) in this case and for a (CONFLICT OF INTEREST)yet Judge Jennifer Brunetti recused from this case
for a conflict of interest after he made a complaint. My boyfriend made an ethic complaint against
Judge Brunetti on 1-13-2020 and 1-19-2020 and informed his attorney Jason Wiske and wanted him to
file a motion to dismiss for lack of prosecution but his attorney would not do it. Then in court his
attorney told the judge that his client Max Griffin filed a complaint against her without his knowledge
and then the judge said "can we have a sidebar" and Christina Lyod the prosecutor and Jason Wiske
both approached the bench then all (3) of them were whispering so that no one else could here what
was being said and they were covering the microphone. I think that was unethical and it seemed to be
an Ex-parte conversation because my boyfriend the Defendant and no one in the gallery including the
court reporter could here the whispering going on between the judge and the (2) attorneys. The court
video camera will show this unethical behavior and how Max Griffin's court appointed attorney seemed
to be more of a public pretender than a public defender and he seemed to be working and colluding
with Christina Lyod and the county attorney's office along with the judge to help prosecute Max.

Judge Brunetti then says ill am going to give this to the chief judge and you will be notified of the next
court date".

My boyfriend went up to the courthouse on 1-29-2020 and got a copy ofthe court ROA and it shows
that Judge Brunetti recused from this case. According to the code of judicial conduct Judge Brunetti
seems to have violated Rule 2.7 Responsibility to Decide and Rule 2.11(A) Disqualification or she would
not have recused from this case because she knew my boyfriend since he was little and it was a conflict
of interest for her to be in this case for over a year. I feel Max Griffin has now not received his
th
constitutional 5 and 14th amendment rights of due process and equal protection because he had a
judge in this case who was not qualified to have (SUBJECTMADER JURISDICTION) over this case under
K.S.A. 20-311d change of judge procedure, code of judicial conduct Rule 2.11{A) Disqualification, and no
due process and equal protection under the 5th and 14th amendment of the united states federal
constitution. Judge Brunetti never reported Christina Lyod for (DELAY) for not getting my boyfriend to
trial within 180 days under Rule 2.15(B)(D) Responding to Judicial and Lawyer Misconduct. My
boyfriend's attorney Jason Wiske tried to withdraw from representing my boyfriend because Max is
extremely disappointed with his attorneys lack of preparation and his incompetence in this case. Judge
Brunetti denied the withdraw as attorney and forced my boyfriend to have to deal with an attorney who
is incompetent. I feel that Judge Brunetti also violated Rule 2.3 Bias, Prejudice, and Harassment and
Rule 2.5 Competence, Diligence, and Cooperation because she has allowed the case to go over 365 days
without a preliminary hearing or a jury trial and has not DISMISSED this case.

Judge Jennifer Brunetti was an area defense attorney for years and was known to be able to get anyone
out of DUI cases as long as you came up with the money which she was expensive. My boyfriend does
not have money and has been forced to use a court appointed attorney and I feel that she is biased and
prejudiced against him because she was a (HIGHLY PAID DEFENSEATIORNEY) in this area and looks
down on litigants that are indigent and have to use the court appointed attorney. Judge Brunetti and
Michael Gayoso have been personal and private friends for years and went against each other in court
and have maid several deals to dismiss DUI cases in the past when she was a Crawford County defense
attorney and he was the county attorney. I feel that is a conflict of interest for her to be a criminal judge
with Michael Gayoso as the prosecutor.

please investigate why this case has not went to trial and/or been DISMISSED?

Please request a copy of the court video camera from the attempted court hearing on January 28, 2020
to show the unethical behavior of the (2) police officers that were witnesses laughing and smirking and
staring down my boyfriend with evil eyes and an evil eyebrow trying to intimidate him. The video will
also show Judge Brunetti whispering to both attorneys and covering the microphone so that the people
in the gallery and court reporter could not hear there (EX-PARTE) conversation which is not allowed
under Rule 2.9 Ex-Parte Communication. Then the next day according to the court ROA judge Brunetti
recused from the case.

I am filing this complaint in accordance with Kansas Supreme Court Rule 223 Immunity and Rule
2.16(A)(B) to avoid any retaliation by the court, Michael Gayoso, Jason Wiske, and Christina Lyod from
the complaint that I have a right to file.

Please conduct a thorough investigation into the unethical behavior of Judge Jennifer Brunetti.

Thanks and I appreciate your speedy attention to this very important matter that has dragged on since
2018 and there has still not been a preliminary hearing or a trial.

Lawren Blair

Das könnte Ihnen auch gefallen