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VICE-CHAIR:
Brenda M. Cameron
Thomas Walters
Judge Member 213 E. Carlton
Pittsburg, Kansas 66762
Bradley E. Ambrosier
Judge Member Re: Your complaint against Senior Judge Richard M. Smith
Diane M. Azorsky Dear Mr. Walters:
Non-Lawyer Member
Terrence J. Campbell The Commission on Judicial Qualifications considers and investigates complaints
Lawyer Member of alleged unethical conduct of state court judges under the Code of Judicial Conduct. The
powers of the Commission are not the same as those of an appellate court. The
James S. Cooper
Commission has no jurisdiction to consider legal issues or matters which involve the
Non-Lawyer Member
judicial discretion of a judge in deciding a case. Those decisions must be appealed to a
Robert \'(1. Fairchild higher court if errors are thought to have occurred. This Commission has no jurisdiction
Judge Member regarding recusal issues. K.S.A. 20-311d outlines the procedure for obtaining a new
Allen G. Glendenning judge.
Lawyer Member
The above-captioned complaint will, however, be referred to the Commission and
Larry D. Hendricks
will be placed on the Commission's June 7, 2019, meeting agenda for review of any
Judge Member
potential ethical violations.
orman R. Kelly
Lawyer Member Pursuant to your request, enclosed are copies of the disposition letters in Docket
No. 1332 dated November 13 & 28, 2017.
Rosemary Kolich, S.c.L.
Non-Lawyer Member
Supreme Court Rule 607(a) states: "(a) All complaints, investigations, reports,
Susan Lynn correspondence, proceedings, and records of the commission shall be private and
Non-Lawyer Member confidential, and shall not be divulged in whole or in part except as provided in these rules
Diane H. Sorensen
or by order of the court." The Commission, therefore, cannot disclose the judges' names
Lawyer Member on conduct examples contained in the annual report.
mm
Enclosure
~tate of }kansas
orman R. Kelly The above-captioned complaint will, however, be referred to the Commission and
Lawyer Member will be placed on the Commission's June 7, 2019, meeting agenda for review of any
Rosemary Kolich, S.c.L.
potential ethical violations.
Non-Lawyer Member
You indicated you included a recording with your complaint. Please be advised a
Susan Lynn
recording was not found with your complaint.
Non-Lawyer Member
Diane H. Sorensen
~~1
Lawyer Member
Mary B. Thrower
Judge Member
Secretary
SECRETARY: mm
Douglas T. Shima
~tate of JAan9'a9'
Norman R. Kelly The above-captioned complaint will, however, be referred to the Commission and
Lawyer Member will be placed on the Commission's June 7, 2019, meeting agenda for review of any
Rosemary Kolich, S.c.L.
potential ethical violations.
Non-Lawyer Member
You indicated you included a recording with your complaint. Please be advised a
Susan Lynn
recording was not found with your complaint.
Non-Lawyer Member
Diane H. Sorensen
Lawyer Member
Mary B. Thrower
Judge Member
~:?-Cordially,
Secretary
SECRETARY: mm
Douglas T. Shima