~f~fj

IN THE

,.

f;(~~.

D1stRIg.J~l~

OF CRA]FORD

Travis Carlton, Scott COflv~UG

vs.

CRAWFOiiO
8 Y ------.-.

COUNTY, KANSAS

29 Al0 :12

PI aintiffs,

t: i E RK 0 r 0 1ST. COV" ,

and Bekah Harlan,

Toby Miller,

,\.,?,,"",-

COU~j i 'r'

lase No. 20]4 CV 7 P

- -'

Defendant.
ORDER

The judge assigned to the above captioned ca e, Kurtis 1. Loy, presented the attached
letter.to m.eAugust 21 st, 2? 14. The lett,er,of Travis Cfrlton to the Commission on Judicial
Qualifications referenced in Judge Loy s letter to me rs also attached.
Judge Loy construed Mr. Carlton's letter as a motion to disqualify Judge Loy as the judge
assigned to the above litigation, and as such forwarde'd it to me as Chief Judge.

The procedure to disqualify ajudge is set foJ

in K.SA 20-31Id. To the extent that Mr.

Carlton intended his letter to be a motion to disqualify Judge Loy, I find that it does not comply
with the requirements ofK.S.A. 20-311d for various reasons, one of which is that it does not
contain any averments of the author.
IfMr. Carlton's letter did comply with the requirements ofK.S.A. 20-311d, I would be
required to determine the legal sufficiency of the allegations (K.S.A. 20-311d (c)). However, the
allegations of the Carlton letter do not suggest that Judge Loy served a prior counsel for any
party to the litigation (K.S.A. 20-311d (c)(l)); that J idge Loy is related to any party (K.S.A. 20311d (c)(3)); or, that Judge Loy is a material witness in the action (K.S.A. 20-311d (c)(4)). The
remaining allegations of the Carlton letter furnish no basis for concluding that Judge Loy has an
interest in the litigation (K.S.A. 20-311d (c)(2)) or that Judge Loy has a personal bias or
prejudice or interest in the action that would prevent lany of the parties from obtaining a fair and
impartial trial (K. S.A. 20-311 d (c)( 5)).
Accordingly, to the extent that Mr. Carlton's etter constitutes a motion to recuse Judge
Loy from the above captioned litigation, such motio is denied for the reasons set forth herein.
It is so Ordered.

A1uJatf~

AJ. Wachter
District Judge

Copy to:
Hon. Kurtis I. Loy
District Judge
602 N. Locust
Pittsburg, KS 66762

Travis Carlton
1410 N. Smelter
Pittsburg, KS 66762

Bekah Harlan
P.O. Box 84
Opolis, KS 66760

Toby Miller
Vapor Stop LLC
2530 Main
Parsons, KS 67357

Scott Cochran
th
709 W. 8
Pittsburg, KS 66762

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy 0 . the above and foregoing document was
deposited in the United States Mail, postage prepaid tnd properly addressed to the above party or
parties on the 5(q day of
I, 2014.

CU'gA,[n;:e

KANSAS DISTRICT CURT

Eleventh Judicial Disttict
Chambers of
KURTIS I. LOY
District Judge
Administrative Assistants
Mary Ann Forsythe
Elaine Bradshaw

Crawford County Judicial enter

602 North Locust
Pittsburg, Kansas 667 2
(620) 231-3570
(620) 231-0584 FAX
I

Clerk of the Court

Pamela Hicks
(620) 231-0380
Court Administrator
Mac Young
(620) 231-0310

August 21,2014
The Hon. AJ. Wachter
Chief Judge, 11th Judicial District
602 N. Locust
Pittsburg, KS 66762
Re: Travis Carlton, et.al. v. Toby Miller Case No. 2014CV7P
I

Dear Judge Wachter:

I am forwarding to you a letter from The colission

on Judicial Qualifications dated
August 18, 2014, with an enclosed complaint filed Ju y 18, 2014 from Travis Carlton, a pro se
litigant in the above referenced case.
Although this was filed as a complaint after reading the complaint filed by Mr. Carlton, it
appears this is actually more in the form of a Motion fO Disqualify Judge.
I do not believe that I have any bias or prejudice against Mr. Carlton, but I would like to
present this complaint or motion to you for consideration.
I do not necessarily agree with the statements/ofMr. Carlton where Mr. Carlton states:
"Honorable Lay stated at our case management conference that usually in cases like this if both
parties had an attorney this case would already be setfled. Judge Loy said that he could set up a
mediation between myself and Toby Miller and Vapor Stop with Honorable AJ Wachter and
Honorable Lori Fleming." While I regularly encourJge settlement of cases, mediation would
have been on a voluntary basis with a mediator that fas agreeable to all parties concerned. I do
agree to facilitate or make arrangements with one of the local judges for mediation if all parties
agree. That was apparently a miscommunication or misunderstanding between Mr. Carlton and
myself.
Washington's Cigar Store, Inc., was in opera ion from June 1987 until August 1990, and
the corporate charter was kept alive through Decem er 1996. Washington's Cigar Store, Inc.,
was located at 114 W. 4th St., Pittsburg, KS, an addrJss which no longer exists. The case that

Mr. Carlton has filed has been filed as a breach of contract action and has nothing to do with the
use or nonuse of vapor cigars or vapor cigarettes. For the record I am not opposed to the use or
sale of vapor cigars or vapor cigarettes.
I was sworn in as a District Court Judge in Oc ober, 2013. I am aware that there remain a
few instances where my name is still listed as resident agent for various corporations Iformerly
assisted while in the private practice of law. Those arJ all being wound down and as the new
annual reports are filed the new resident agent is liste~ on the records of the Kansas .Secretary of
State. I am not involved with my wife in a partnershif located at 112 W. 4th St. in Pittsburg. My
wife and I hold ownership of the commercial buildin~ located at 112 W. 4th St. in Pittsburg
within a Kansas partnership. Ido not accept assignment of cases involving my former law
partner.
I
.

While Ido believe Iam neither biased nor prejudiced concerning the parties to this
litigation or any attorneys which may become involved in the future I am forwarding this letter
and complaint to your attention for proper handling.

KIL:maf
Enc.

~tate of ]kamsas

QCommissioll on jJ ubida," ~ualifications

KANSAS JUDICIAL Ca,TTER
301 SWTENTHAVE., /ROOM 374
TOPEKA, KAi"l"SAS166612

785-296-29H
judicialqual@bco+ts.org

August 18, 2014

MEMBERS

Or

PANEL A
CHAIR:
William B. Swearer
Lawyer Member

Honorable Kurtis 1. Loy

Crawford County Judicial Center
602 N. Locust
Pittsburg, Kansas 66762

VICE-CHAIR:
Christina M. Pannbaclzer
Lay Member

Re:

Complaint filed by Travis C rlton

Dear Judge Loy:

Nancy S. Anstaett
Lawyer Member

J. Patriclz Brazil
Judge Member
Brenda Cameron
Judge Member
Mary Thrower
Judge Member
Valdenia C. Winn
Lay Member

The Commission met August 1, 2014 at which time the above-captioned

complaint was considered. See attached. It was the decision of the Commission that,
based on present showing, the cpmplaint contained no facts evidencing judicial
misconduct as defined in the Code of Judicial Conduct.
While this complaint is sent for your information only, the Commission
thought it may be helpful for you to review the Judicial Ethics Advisory Opinions at
w'Nw.kscoUlis.org and the articlesI which related to situations a new judge may
encounter, including how to Win, up a law practice, which were sent to you on
September 23,2013;
Sined ely,

#"+~~

SECRETARY:
Heather L. Smith

William B. Swearer,
Chai

mm
Enclosure

RECEIVt:D

t\'!i!'1\',

'~IUi

TIllS COMPLAINT IS AGAINST HONOLBLE

1 8 2014

Kurt Loy CrawMJIifAL- Q:''''FiC'::::

County 11th Judicial District Judge. Case I umber 2014CV7P Travis

Carlton et al, vs. Toby Miller and Vapor Stop,

I would like to make a complaint against Crawford County District Judge

Honorable Kurt Lay. He has been assigned to be the judge in case number
2014CV7P. Ihad a hearing in this case w~ere Iam Pro Se and the attorney
for Mr. Toby Miller is Troy Unruh from ilbert & Towner in Pittsburg
Kansas.
Honorable Loy stated at our case management conference that usually ill
cases like this if both parties had an attorney this case would already by
settled. Judge Loy said that he could set tip a mediation between myself
and Toby Miller and Vapor Stop with Ho I orable A.J. Wachter and
Honorable Lori Fleming.

Both Honorable Wachter and Honorable ~leming were previously

emp~oyed at Wilbert & Towner. Icould nfve: geta fa.ir mediator.when the
mediators used to be employed by the Lair FIrm that IS representing Mr.
Miller and Vapor Stop.
It also shows on the Secretary of States we sites for resident agents that
Honorable Kurtis Lay was the resident agbnt for "WASIllNGTQN'S
CIGAR STORE, INC.". The case that I filed has to do with vapor cigarettes
and that is a conflict of.interest because h~
the resident agentfor a
cigar store. There have been numerous is rues about the govern.ment trying
to legislate vapor shops out of business and anyone who has previously or
is currently in business and or has been a }esident agent for cigar or
cigarette store would definitely have a biJsed and a prejudiced against
anyone who opened a vapor shop.

W,",

'c

I also think it is wrong and a conflict of interest for Honorable Kurtis Loy to
be the resident agent of LOY & SAGEHOT' LLC. And L & T Partnership
where both addresses are 112 W. 4th in Pittsburg Kansas 66762.
It shows on Honorable Lay's Judicial FinaLial Disclosure Report that he
I
and his spouse have a partnership at 1121. 4th in Pittsburg Kansas and the
commercia11oan

is with Commerce

Bank.

Judge Wachter and Judge Fleming would ever rule against Loy&
Sagehom & Harding when the address fa that law firm is 114,W. 4th in
Pittsburg Kansas where Judge Loy has the building ina partnership and
this is a conflict of interest. Judge Lay and Judge Wachter would never
I
rule against Kyle Fleming of liTHE FLEMING LAW FIRM"" since he is the
husband of Honorable Lori Fleming.
I
HOW IS ANYONE IN CRAWFORD CO~
SUPPOSE TO GET A FAIR
HEARING UNLESS YOU HA VB WILBE~T AND TOWNER" LOY &
SAGEHORN & HARDING, OR THE FLE[I
G LAW FIRM'AS YOUR

ATTORNEY?
I would greatly appreciate an out of count judge who is unbiased and
does not have conflicts of interests with other judges like Judge Wacther,
Judge Loy, and Judge Fleming have betwJen them and their previous law
I
firms. Please send all correspondence to Travis Carlton, 1410 N~Smelter,
Pittsburg, Kansas 66762. Please disqualif~ Honorable Loy from this case in
accordance to Rule 2.11(A) of the RULES RELATING TO JUDICIAL
CONDUCT.
Sincerely,
Travis Carlton
Travis Carlton
1410 N. Smelter
Pittsburg Kansas 66/62

A UN:

JUDICLAL FINA.L~CIAL

FI~A:r-:Cli\,L D.ISCLOSURE REPOR'J1NG

301 SW 10m AVE.,RQOM,37-+
TOPEK. ., KANSAS 66612

DISCLOSURE REPORT

=~T

785-2%-2913

CALENDAR YEAR
I

2013.

REPORT REQUIRED BY SUPREMECTURT RULE

JUDICIAL CO;>lOUcrC\l\ON

judicialqual@kscOul\S,org

60 lB

RELATING TO

',rB"! 12013 KAN. CT. R. ANt'OT. 748)

3. RULE 3.

JU.:

The instructions accompanying this form are a gui~c to be followed in preparing your annual
financial disclosure report. Please read the instructions and review Supreme Court Rule 601B,
Rules 3.12, 3.13, 3.14, and 3.15 and their Comments (2013 Kan. CL R. Annot, 754-758) before
completing this form.
.

Complete all pans, checking "NONE" wherever you have no reportable infonnarion, This. report
must be:.typed, and an on-line fillable form is available at www.kscourts.org. Completed and
signed reports may he submitted by U.S. mail to th address reflected above or may be scanned
and submitted by e-mail to judicialqual@kscourts.org,

ON OR BEFORE .ApRrL 15.2014.

Kurtis I; Loy

Crawford

judge Rq,vninJ;- Fulll\amc-

Crawford

County District COilU. Div. 5,

602 N. Locust, Pittsburg,

I
Eleventh Judicial

County DC City

District

620-231-3570

KS. 66762

City, SI.tlC. Zip Code

Telephone

Type ofJudge(Chd.:on~j:

__

Supreme Court

District

__

Pro Tempore

_'-_

I _

Number

Court of Apoeals

District Magistrate
Senior
MUtlicipal:- 0 Full-Time W Part-Time

I
I.

___

COMPENSATION

[reporting individual (I); and spouse (S) or domestic partner (DP); for
Honoraria, reporting individual (1) only; see Section I of Instructions and Rule 3. J 5(A){1 ).}
NONE (No reportable

Compensation)
Pavcc (I.S,DP)

Name of Pavor

Dare

Loy & Sagehorn, LLC

Jan-Dec., 20]3
l311-Dec., 2013
Nov-Dec., 2013

Coldwell Banker
Lay, Sagehorn & Harding,LLC

~,~.,

-............

i\ }- ;' 0'1,lc> '1()LI ~ t,

\

I",

\ \ I--

Farmer Law Practice

Realtor
Former Law Practice

-,
,

CD

1
S
I

Nature of Activitv

",\

b v lt;.,;" ,

~~:~I~
,-

.J.JA.

I t
r ~kfU'.

FOR + C'1'201.3

Page 1

n.

fEES AND COl\lMISSIONS

see Section IT of Instructions

[reporting in ividual (I) and spouse (S) or domestic partner CDP);

and Rule 3.15(;-\)(2).]

NONe (No reportable Fees and commiSSirS)

"-'<lme ofClicnt

or Cl1:iiomer

\t.

~t>~~"
J

e}d~/~
Jlk~

eel> t1l)~

Vp-1 v
dv~
L

. If> (.,..

"W'~6"
~;J.l
A
~

~
e--,

P;)vce (L S. Dr)

Address

'c..

Ill. OWNERSHIP INTERESTS

[reporting ilrdivldual (D, spouse (S) or domestic partner (DP),
dependent child or dependent step child (Dq; see Section HI of Instructions and Rule 3.15(A)(3),]

__ NONE

(No reportable Ownership Interest)

Bu.";"",, Name and Address

TYpe

ofB",1""

L & T Partnership
112 W. 4th
Pittsburg; KS. 66762

C~

Commercial Bldg. Rental

Farm - Crawford Cry, Ks.

T.D. Ameritrade

Held by Whom
(L S. DP.Dc)

(Lisi address only if nor publicly traded)

Brokerage

Owner

[,S

IRA

IV. GIFTS.

LOk""lS, BEQUESTS, BENEFITS . OR OTHER THINGS OF VALUE [reporting

individual (I), spouse (S) or domestic partner (DP), dependent child or dependent step child (DC);
see Section IV of Instructions and Rules 3.1 and 3.15(4).]

~
Date

NONE (No reportable Gifts.

Donor

LOWlS,

Bequests, Benefits, or Dther Things of Value)

Recipient crJS,DP.OC)

Description

FDR.

C1'2013

I P"ge 2

V.

POSITIONS [reporting individual (I) only; see Section V of Instructions

___

and Rule 3. 15(A)(6).]

NONE (Nothing to report.)

Name of Business/Organization/Entity

Position

Address

Loy & Sagehorn, LLC

I 12 '\\0'. 4th. P ,0. Bo . 8, Pittsburg,

Held

KS.

L & T Partnership ..112

'--~

W. 4th, Piusburz,

KS.

_..;,.

~"""'-.~--":"'~e;..;:.,~-_";-.?'-~'"

St.Petcr's

Episcopal

Stilwell Heritage
Foundation
Kansas

Parmer

. /'

Church

306 W. Euclid, PittsrUrg,

KS.

Clerk.Vestry

Member

& Educational
7th

Bar Foundation

& Broadway, ptsburg,

1200 SW. Harri.son'jTOpeka,

Kansas Bar Assoc.

1200

sw

HaITL'OI),

Chairman

KS.

of Foundation

Bd ..

Trustee

KS.

Chairman fee Dispute

Resolution Committee

Topeka, KS.

YI. LIABILITIES [r~porting illdiYidu~l (1), spousf (S). or domestic partner (DP), dependent child or
dependent step child (DC); see Section VI of Instructions and Rule 3.15(A)(7).]
__

NONe (No reportable Liabilitiesi

Creditor

Commerce Bank

Person Responsible for

Liability (l.S,DP.DC)
~

Description

-~--~~.....,-------

/ Comm ercia I loans

University Bank

1,S

Unsecured

Loan

Amerian Express

r.s

Revolving

charge

1.

!
.1
.,.1 ~

~J

FD.R.

CY2013!

Page 3

VH. ADDITIONAL INFORt''lATION OR EXPLANATLONS (indicate section oj Report)

Signature ofRcporting

JudgJ

FOR.

cv 2013 I P"g..,4