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December 10, 2014

Judge Oliver K.Lynch


Cherokee County Courthouse
100 W. Maple Street, P.O.Box 189

Columbus, Kansas 66725

Re: Fifth Third Bank vs. Eric Muathe


Crawford County District Court Case No. 2012 LM 356 P

Dear Judge Lynch,


I am writing directly to you because in denying my motion to disqualify Judge Kurtis Lay for conflict
of interests with his former law partner attorney Mark A.Werner you stated in the memorandum
and order (attached) dated February 11th, 2014 that "it is not uncommon for Judges to hear
cases in which former partners appear as attorneys in as little as five years after leaving the
partnership to become a judge".
In that order you indicated to the court and the public in general that it is unethical for a judge to
hear his former law partners cases if at least 5 years have not passed since the partnership was
dissolved.
Really???
Did you forget that you too are currently listening to your former law partners cases and that
actually, and more disturbingly, you have heard Christopher Meek's and Edward Battitori's cases
from the very first day you became a Judge in January of 2005 (and within zero years since you left
the law firm known then as Meek, Lynch and Battitori).
"An independent and honorable judiciary is indispensable to justice in our society. A judge should
participate in establishing, maintaining and enforcing high standards of conduct, and shall
personally observe those standards so that the integrity and independence of the judiciary will be
preserved." (2004 Kan. Ct. R.Annot. 539.)
"Ajudge shall respect and comply with the law and shall act at all times in a manner that promotes
public confidence in the integrity and impartiality of the judiciary." (2004 Kan. Ct. R.Annat. 539.)

Page 1of4

In fact, your financial disclosure

statements

of 2005, 2006, 2007 and 2008 show that you were

hearing attorney Meek's, Battitori's and even Michael Gayoso's cases while you were receiving
payments from them for the buyout of your former law firm Meek, Lynch and Battitori, See attached
exhibits. You clearly had a demonstrated and vested financial interest in the financial stability of
your former law partner's law practice since you were receiving ongoing payments between 2005 2008 while you sat and ruled on their cases. Do you think the unknown number oflitigants in those
cases knew of these economic conflicts of interests? Do you think you afforded the litigants due
process?
Here is a sample of 5 Cherokee County cases out of many that you remained

as the Judge that

involved attorney Edward Battitori in the time period immediately after you left the business
partnership and became judge and also within the time period your were receiving financial
compensation from him; 2005CR114, 2007CR172, 200SDM248, 2005DM299, and 2006DM240.
Here is a sample of 5 Cherokee County cases out of many that you remained as the Judge that
involved attorney Christopher Meek in the time period immediately after you left the business
partnership and became judge and also within the time period your were receiving financial
compensation from him; 2005CR1S0, 200SCV168, 2005CV168, 2005DM215, and 2007DM202.
Judicial discretion is abused if judicial action is: (a) ... unreasonable, t.e., ifno reasonable person
would have taken the view adopted by the trial court. City of Neodesha v. BP, Corp. 295 Kan. 298,
287 P.3d 214 (2012).
As a show of inconsistent actions taken by you and as prima facie 'abuse of discretion' evidence that
you know you should not have listened to your former law partners cases you recused yourself
from the following sample of attorney Battitori's Cherokee County cases while you were receiving
financial compensation from him; 2003CV150, 2004CV8P, 200SDM20, 2006CV86, and 2006CV87.
Here is a sample of attorney Meek's Cherokee County cases that you recused; 2005DM40,
2005DM116, 2005DM136, 2005DM228, and 2006DM254.
The Preamble to the Kansas' Code of judicial Conduct reminds judges they "must respect and honor
the judicial office as a public trust and strive to enhance and maintain confidence in our legal
system." Rule 601A (2004 Kan. Ct. R. Annot. 535). Because public trust is essential to an effective
judicial system and one judge's conduct may have a significant impact upon the public's perception
of the entire judicial system, "[a] judge must avoid all impropriety

and appearance

of impropriety.

judge must expect to be the subject of constant public scrutiny. A judge must therefore
restrictions

on the judge's conduct that might be viewed as burdensome

should do so freely and willingly." Canon 2, Commentary

accept

by the ordinary citizen and

(2004 Kan. Ct. R. Annot. 540).

"[I]t would be very difficult to establish public confidence in the judicial [decision]-making
when there's been such a severe lapse in ... judgment."
(2005).
Page 2 of4

In re Robertson,

capacity

280 Kan 266, 120 P.3d 790

You clearly should have recused yourself from ruling on whether a judge can hear his former law
partners' cases since you too are grossly guilty of the same unethical actions that would cause the
general public to question the integrity of the judicial system.
I think it is very unethical for a judge to lie and it is even more unethical for a judge to lie and the lie
to be able to be "PROVEN AS A FACT"!!!! According to Rule 2.11(A)(B) Disqualification which says
"A judge shall keep informed about the judge's personal and fiduciary economic interests, and make
a reasonable effort to keep informed about the personal economic interests of the judges spouse or
domestic partner and minor children residing in the judge's household."
Under COMMENT (6) under Rule 2.11(A) Disqualification it says "Economic Interest," as set forth in
the Terminology section, means ownership of more than a de minimis legal or equitable interest"
which is what you had between 2005 and 2008 with attorneys Meek, Battitori and Gayoso as you
were still hearing his court cases.
Under the Commentary for the old Canon 4(D) which is the Financial Activities section under "A
Judge Shall so Conduct the Judge's Extra-judicial Activities as to Minimize the Risk of Conflict with
Judicial Obligations" it states that "A judge must avoid financial and business dealings that involve
the judge in frequent transactions or continuing business relationships with persons likely to come
either before the judge personally or before other judges on the judge's court."
It also says under Commentary for Canon 4(D) "Participation by a judge in financial and business
dealings is subject to the general prohibitions in Section 4A against activities that tend to reflect
adversely on impartiality, demean the judicial office, or interfere with the proper performance of
judicial duties. Such participation is also subject to the general prohibition in Canon 2 against
activities involving impropriety or the appearance of impropriety and the prohibition in Section 2B
against the misuse of the prestige of judicial office. In addition, a judge must maintain high
standards of conduct in all of the judge's activities, as set forth in Canon 1. See Commentary for
Section 4B regarding use of the phrase "subject to the requirements of this code." I would think
that by hearing Edward Battitori's, Christopher Meek's and Michael Gayoso's cases between 2005 2008 (especially)

definitely violated Canon 4(D).

I am also bothered by the fact that according to a letter (attached) you sent to then Chief Judge John
C. Gariglietti on May 24th, 2007 you successfully ask to recuse you're yourself from Cherokee County
Case numbers 2006CV86 and 2006CV87 because you "sit on a board with one of the Binghams" yet
your financial disclosures statements don't show any such board. How are litigants and the general
public to know what other personal and economic conflicts of interests you continue to have or
could have had in the past if you are not accurately reporting your financial disclosure statements?
Iwould like to add that as of late November 2014 you are the sitting Judge in about 14 of 19 of
former business partner attorney Edward Battitori's pending cases while Kurtis Loy is the Judge in
11 of14 of his former business partner

attorney Mark A. Werner's

pending cases. Clearly you

should be the last person called upon to decide ifJudge Loy's conflict of interest is ethical or not.
I think the fact that you had a proven irrefutable

economic interest in the law firm of "Meek Lynch


and Battitori" and then in Meek, Battitori and Gayoso back in 2005 through 2008 when you first
Page 30f4

became a judge and the fact that you stated that a judge can hear a past law partners case as long as
five (5) years have passed which you clearly did not follow yourself would also violate "THE RULES
RELATINGTO JUDICIALCONDUCT"and therefore you should have not had any subject-matter
jurisdiction to hear any of the related cases or any of my cases for that matter.
I have filed an ethic complaint against you for the above mentioned violations of "THE RULES
RELATINGTO JUDICIALCONDUCT"and the Committee was supposed to meet on December 5, 2014
to discuss the allegations of my complaint. I am also planning to file yet another detailed complaint
with new found evidence.
I have already filed a motion for you to recuse yourself form this case and a motion for any orders
you signed in Crawford County Case No. 2012LM356P to be vacated and ask to see if you wanted to
grant this motion ex-parte without a hearing to avoid me having to waste my time, the court's time,
and your time by filing an appeal for "LACKOF SUBJECT-MATTERJURISDICTION".
I appreciate you taking the time to read this letter to help with the due process and equal protection
under the 5th and 14th amendments that all litigants are allowed.
I kindly ask that you recuse, or be recused, from hearing any of my cases and to vacate any order
you have entered in any of my court cases currently before you.

Sincerely,

&r.~ Ntv~
Eric M. Muathe
1410 Bitner Terrace, Pittsburg, Kansas. 66762.

Copies Sent to:


./ Clerk of the Court (For Filling In The Case File)
./ ChiefJudge Andrew J.Watcher
./ Departmental Justice, Department #4
./ Commission on Judicial Ethics
./ Kansas Supreme Court Chief Justice Lawton Nuss
./ Mark A.Werner

Page 4of4

FILED
IN THE DISTRICTl~~mr~RD

COUNTY, KANSAS

m~~u.fP~BURG
;:
"

FIFTH THIRD BANK,

Plaintiff,

)
)
--)

vs.

CaseNo.-2012=LM-J56 p.

)
ERIC M. MUATHE,

Defendant.

--------------------------~)
MEMORANDUM AND ORDER
This matter comes on for determination -of the Motion for Disqualification of
Judge Loy filed by Defendant. The court has reviewed the Motion and Affidavit, Judge
Ley's response, and the Kansas Code of Judicial Conduct. For the reasons set out below,
the motion is denied.
Defendant argues that Judge Loy should be disqualified because of his previous
-

'-- -'-'-~'--- "----"

relationship with Mark Werner who has now entered an appearance in the case.
His first allegation that Werner and Judge Loy were law partners does not create a
showing of prejudice, impropriety, or an appearance of impropriety.

This partnership

ended in 1994. After 20 years this prior relationship cannot be said to have an effect on
Judge Loy's impartiality. It is not uncommon for Judges to hear cases in which former
-

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~~
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1

~ \\~
~~

partners appear as attorneys in as little as five years after leaving the partnership to
become a judge.
His second allegation is that Werner represented Judge Loy in litigation during the
same period. Here Defendant is mistaken as the client in that case was Kenneth I. Loy,
not Judge Loy (Kurt 1. Loy). Even if Werner had represented Judge Loy almost 20 years
ago, thatrelationship is so distant as to have-no effect upon Judge Loy's impartiality.
Finally, Defendant claims that both Werner and Judge Loy donated to the same
political campaign. Numerous people appear to have donated to the same campaign. The
coincidence of both Werner and Judge Loy donating to the same campaign is not
indicative of a relationship that would disqualify Judge Loy from hearing this case.
Defendant next claims that Judge Loy should be disqualified from hearing any
cases "with allegations of forged, altered or fraudulent notes or retail installment
contracts" because of allegations in Deere and Co. v. Loy, 872 F. Supp. 867 (D. Kan,
1994). This is the case discussed above wherein Kenneth 1. Loy was sued and Werner
and Judge Loy acted as counsel for him. There is no factual basis -to support this claim as
--- --Defendant-is -confused--aboutwho-was the-Defendant-in -that-case-.There -is-no-legalbasis ---to support this claim because even if Judge Loy had been a party in a lawsuit wherein
such allegations occurred, it would not disqualify him from hearing cases 20 years later
with the same subject matter.

By Defendant's logic, if JudgeLoy

speeding ticket, he would not be able to hear a speeding case.

had ever gotten a

Defendant's allegations of prejudice individually or in combination do not support


a basis to reasonably question Judge Loy's impartiality.
It is therefore ORDERED that the Motion for Disqualification filed by Defendant
herein is denied.
BY THE COURT IT IS SO ORDERED.

~~/
//

<--

/' // ===-='DlSTRiCT JUDGE

~-----.

ELEVENTH JUDICIAL DISTRICT


DIVISION II

District Court of Cherokee County


Eleventh Judicial District Division n
Cherokee County Courthouse
110 West Maple
Columbus, Kansas 66725
Phone (620) 429-3518
Fax (620) 429-1627

Oliver Kent Lynch


District Judge

May 24, 2007

The Honorable
C. Gariglietti
Chief Judge
Judicial
ter
PittSb , KS 66762

FILED
MAY 2 {9 2007
WITH THE COURT .

VIA FACSIMILE: (620) 231-0584


RE:

Kara Moore vs. Ellis Ray Bryant and Bingham Transportation, Inc.
Case No. 2006-CV-86
.
Kenny Lodwick vs. Ellis Ray Bryant and Bingham Transportation, Ine.
Case No. 2006-CV-87

Dear Judge Gariglietti:


Transmitted herewith is a copy of a letter from Kala Spigarelli concerning the referenced cases.
My family has a long relationship with the Bingham family apd I sit on a board with one ofthJ
. Bin$W!J!resently.
Therefore, I feel I should recuse from these cases.
The Plaintiffs are represented by Kala Spigarelli of The Spigarelli Law Finn, P.O. Box 1449,
Pittsburg, KS 66762-1449. The Defendants in both cases are represented by Kevin M. McMaster
of McDonald, Tinker, Skaer, Quinn & Herrington, P.A., 300 W. Douglas Ave., Ste. 500, Wichita,
KS 67202-0209. The Defendant Bingham Transportation is also represented by Kevin R.
Mitchelson of Wheeler & Mitchelson, Chartered, P.O. Box 610, Pittsburg, KS 66762,:0610.
Thank you for your assistance with this matter.

Enclosure
cc:

Ms. Kala Spigarelli


Mr. Kevin M. McMaster
Mr. Kevin R. Mitchelson

JUDICIAL

FINANCIAL DISCLOSURE REPORT


FOR CALENDAR YEAR 2004

~oo

by ~r.mae
TIt RIm1le OOlAJlte~
1tD J.mn
Cmttf!m,1
Canon 4, Subsections D, E, and H (2004 Kan. Ct. R. Annot. 551 - 557)

re,pmmt

Return

OB

or before April 15, 2005, t

Commission on Judicial QualificationsD


Attn: Financial Disclosure Reporting
301 SW Tenth Avenue, Room 374
Topeka, Kansas 66612

The instructions accompanying

this form are a guide to be followed in preparing your annual


financial disclosure report. Please read the instructions before completing the form. Complete all
parts, checking "NONE" wherever youbave no reportable information. This report most be typed
but may be completed online at WW""W ,kscourts.OO!. printed and mailed. Sign on the last page.

I. Person Reporting (Last name, first" middle initial)


Oliver Kent Lynch
1. Tmtle ~:adliwe
m semmm ~
ful1I mpamt-tim.e)...:;Jwjge=>::.-::fuIDi=.:1nme='
3. Court 11th Judicial District. Position n
4. Judicial Office Address 110 West Maple. Columbus. KS 66725
5. DareofReport~~~1~1~/O~5~

=-

_
_

I. COMPENSATION
[reporting individual (1) and spouse (S); for Honoraria, reporting
individual (I) only;, see Section I of Instructions and Canon 4H(1)]

Name of Payor

Payee (I or S)

LawPradice

Lynch, Meek & Batlitori

2004

Nature of Activity

2004

USD 499, Galena Schools

Teaching

II. FEES AND COMMISSIONS [reporting individual (I) and spouse (S); see Section ITof
Instructions and Canon 4H(2)]

__

NONE (NrP n:porto!blk


Feeo;md~)

Name of Client or Customer

Address

Payee (I or S)
I

1301 Milituy AYe-, Baxter Springs.


KS

The Baxter State Bank

m. OWNERSIIIP INTJnlFSTS

[reporting individual (I), spouse (8), dependent child or


dependent step child (DC); see Section
ofJnstmctions and Canon 4D(1), (2), (4);

4H{3}]
__

NONE (No reportable Ownership Interest)

Business Name and Address

Type of Business

Desaiptioo oflntl:n:sts

(list address cmly if mil pmbIidy mdcd)


Lynch, Meek & Battitori

Law Practice

Partner's Share

Held

Held by Whom
a.S.,DC)
I

~
J

1023 Military, Baxter Springs, KS

Partnerbip (Real

Partner's Share

I,S

Estate)
See Section Vll. for further inIen:sts

IV. GIFTS, BEQUESTS, OR FAVORS [reporting individual (I), spouse (8), dependent child
or dependent step child (DC); see Section IV of Instructions and Canons 4D(5)(a-h) and
4H(4)]

~NO:NEQII{{p

GijiJ" ~

OT FIilD'JOn)

Recipient (L S, DC)

Description

JUDICIAL FINANCIAL DISCLOSURE REPORT


FOR CALENDAR YEAR 2005
111~
Ooom:1t.RmtThe6!DnA Re~g
lIDJ~
GIDmlim
Canon 4, Subsections D, E, and H (2005 Kan. Ct. R. Annot. 571 - 578)

RqiY.!M1t~

Return on or before April 15, 2006, to:


Commission OD Judicial Qualifications
Attn: Financial Disclosure Reporting
301 SWTenthAvenue, Room 374
T~
Kansas 66612
The instructions accompanying this form are a guide to be followed in preparing your annual
financial disclosure report. Please read the instructions before completing the form. Complete all
parts, checking "NONE" wherever you have no reportable information. This report must be typed
but may be completed online at W\~w.kscourts.org, printed and mailed. Sign on the last page.

I. Person Reporting (Last name, first, middle initial)


Lynch,. Oliver K..

1.. Tittle (llI1I~


~
or ~
sItlll1Im; fulR wpmt~)-",iFlmll!=3 . Court District Court. 11th Judicial District, Position 2
4. Judicial Office Address 110 West Maple.Columbus.KS 66725
5. Date of Report om4lOO
~ ~

I. COMPENSATION [reporting individual (I) and spouse (S); for Honoraria, reporting
individual (l) only; see Section I of Instructions and Canon 4H(1)]

Name of Payor
Jan. - Dee, 2005

Jan. - Dec. 2005

Galena Schools Comcrstone High School

Meek, Battitori & Gayoso

Payee (I or S)

Nature of Activity

High SCI:C3! T eacher

Buyout of former law practice

JUDICIAL FINANCIAL DISCLOSURE REPORT


FOR CALENDAR YEAR 2006
ReportlDjUired by Supreme Court Rule 6DlA R.elati:n,gto Jndicial CmJduct
0mDB 4, S~
D, E,
II (lOD6 KM.. Ct. It.~,
5ffl ,58'1)-

rr '"'. ,"}"'

Return

....-

or before April15~ 2007, to: -: .

Commission on Judicial Qualifications


Attn: Financial Disclosure Reporting
301 SW Tenth Avenue, Room 374

T~

1~

Kansas66612

'The ~
~
this form arc a ~
to be :fuBowed in ~
'yom ammal
financial disclosure report. Please read the instructions before completing the form. Complete all
parts, chec~ "NONE" wherever you have no reportable information. This report must be typed
but may be completed online at -.:.-'-.~~~~_~~.,
printed and mailed. Sign on the last page.

L Person Reporting (Last name, first, middle initial)


L~OJiverK..
2. Title (Indicate adive 01" semoc status; :full or part-time)-",Full.='
3. Court DimictCom't 11111.Jumciai District Division n
4. Judicial Office Address 110 W. Maple, Colubmus. KS 66725
5. ~of~~~~O=~=O~7

I. COMPENSA nON [reporting individual (I) and spouse (S); for Honoraria, reporting
individual (1) only; see Section I of Instructions and Canon 4H(1)]
__

NONE (No reportahk Compensation)


Name of Payor

Jan.-Dec., 2006

Jan.-Dec., 2006

Galena Schools

Meek. Battitori, & Gayoso

Payee CI or S)

Nature of Activity

High School Teacbe

Buyout of former law practice

JUDICIAL FINANCIAL DISCLOSURE REPORT


FOR CALENDAR YEAR 2007
Report:required by Supn:m.e Court Rule 60lA Relating to Jumcw ~1Cit
Ccmon 4, Su'bsectioos D, E, and H (2001 Kan. Ct. R. AnnO't. 633-640)
Return on or before April 15, 2008, to:

iF ill):,'
E-C" ,t:l~

Commission on Judicial Qualifications


A~: F~panciall)~sclosureR~porting
- 301 SWTenthAvenue,Room374
-Topeka" Kansas 66612
'The ~0lIll$
~ymg
tms form are 3 guide to be fofiowedin preparing your annual
financial disclosure report. Please read the instructions before completing the form. Complete all
parts, checking "NONE" wherever you have no reportable information. This report must be t}'Ped
but may be completed online at ",w'w.kscourts.org. printed and mailed. Sign 00 the last page.

L Person Reporting (Last name, first, middle initial)


Lynch. Oliver K.

2. Title (Indicate active or senior status; full


3. Cowl n 11tlht~1
~
Diwimm:2

01' part-time}:-A_c_fu_re

4. Judicial Offtce'AddressHO West Maple, Columbus, KS 66725


5. Date.ofRepQrt ApriI4,200S
--

I. CO,MPENSATION [reporting individual (1) and spouse (S); for Honoraria, reporting
individual (1) only; see Section I of Instructions 8tidCano1i4H(1)]
,
__

NONE (No reportoble Compenso1io:tl)


Name of Payor

Jan.&. Feb.

Meek, Battitori &. Ga}'oso

Payee (I or S)

Nature of Activity
Buyout of law practice