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I had a
Final Divorce hearing yesterday February 6, 2013 where I should have been granted-a-default
but was denied.
judgment
I had filed my Divorce Petition over 60 days ago and my soorrto be -ex-=w'ifewas
suppose to file an Answer within 21 days of service; or Judgment for Default WILL BE ENTERED AGAiNST
YOU not may be entered ag-ainst you it says on the summons!
My soon to be-ex wife did not have an attorney and when I asked Judge Wachter if I ~~:)Uld receive a
default judgment
"
goOO-ernwgb!r
him.
Judge Wachter told my ex and myself that we BOTH needed an attorney at the next hearing.
tired of the way this was going and wasn't going to put up with a peanut galleryand
with people that were law trained.
according to Judge Wachter.
He was
he needed to deal
I took this as an insult that if your not a lawyer then your not smart
My ex lied right in the court room and told Judge Wachter that Kay Morin
of Morin and Morin was already retained by her if she needed her. Judge Waebter-saiQ that was good
enough for him. I left the hearing very humiliated,
any
settlement
possibilities.
secretary for Judge Wachter know that she is not my ex wifes attorney and told me there was no
appearance of an attorney for her.
Judge Wachter is not following court rules and procedures and he is biased against me ~cause
I am Pro
Se. He has no right to tell me 1HAVE TO GET AN ATIORN-UKE HE TOLD ME-li<:-aHed-=~ to Shawn
Higgins the court reporter and asked him how much a court of record was ant1n-eSc3m'1here was not one
because the judge did not want one. I have a few friends who have had Pro Se divorces and they have
had a transcript
for ALL HEARINGS in their divorce case and I feel Judge Wachterdklpot
give me one
because I am Pro Se and he was biased against me. I want a court of record at evervthing
I do so I could
have proof of what Judge Wachter said and proof of his snide little jokes and.remarks be made to me.
~
Another reason I think Judge Wachter was biased against me is because Kay Morin's husband of the Law
firm Morin and Morin used to work with Judge Wachter.
together in 2002 at Wilbert and Towner law firm.
was so unfair
to me is when my ex stated that Kay Morin was going to be her attorney even though sh had not
Courts. He
~~~::~~:::~:~:s:~~:o:e~a~::~k;;
E~~~:~:~:~~::~~dl~:v:S
r:::i~~d
na:'7:::1.~~ea:~n~o:Ule
granting me my default judgment,
Judge Wachter did not follow Rules Relating To District Courts Rule
132. Judge Wachter also did not follow Rules Relating To District Courts Rule 164 in this case as well.
~~
~.~~
{1Y ~~\~
Judge Wachter's errors are now going to make a one day Final Hearing for Default JU~..'(l1ent divorce
now turn into, Objection's to orders I must file, Motions to-vacate orders and-:pes-sit*;~ppeal
Nature of Mandamus against Judge Wachter
with a
Judge Wachter has treated me in this court case. I feel he has violated numerous rules of RULES
RELATING TO JUDICIAL CONDUCT and they are the following:
CANON 1 RUlEl~l;~8U.tE
1.2, CANON 2
RULE 2.2, RULE 2.3{A)(B), RULE 2.4{BL RULE 2.5, RULE 2.6, RULE 2.8, and when Judge W.~.,chter heard Kay
Morin of Morin and Morin he should have Disqualifled
let the committee
himself in accordanee-wlth-Rele
';~11. I want to
know that Kay Morin and William Morin should never be ~noVlied1nfront
of Judge
Wachter because it's a conflict of interest and it seems like Judge Wachter either does not care or does
not know.
Sincerely
Lester Moore
~tate of ]kansas
Telephone 785-296-2913
Facsimile 785-296-1028
MEMBERS OF
PANELB
CHAIR:
Jeffery A. Mason
Lawyer Member
VICE-CHAIR:
March 11,2013
Lester Moore
P. O. Box 1861
Pittsburg, Kansas 66762
Re:
Bruce Buchanan
Lay Member
Robert J. Fleming
Judge Member
David 1. King
Judge Member
Cordially,
Diane S. Worth
Lawyer Member
Secretary
SECRETARY:
Carol G. Green
Kansas Judicial Center
301 S.W. Tenth Avenue
Topeka, KS 66612-1507
mm
Judge Fleming recused.
I.
l..e~hif{)()CJ'(~ CD mp
(1. ~
.,LA_JI'
n'VISORY
~
nt
No violation was found when it was alleged a judge advised parties in a divorce matter
they were required to have attorneys at the next hearing. While the judge denied the allegation,
the judge could not provide a corroborating transcript because a hearing was not made. The
judge was informally advised on the importance of preserving a record of all court proceedings.
No violation was found for delay when it was alleged a judge failed to rule on a motion
taken under advisement. The judge indicated there was not a mechanism in place to help
monitor case loads, acknowledged the delay, and took remedial steps to resolve future issues.
The judge was informally advised on the importance of monitoring matters taken under
advisement.
A Notice of Formal Proceedings was filed alleging a judicial candidate, violated Rule
4.1(A)(4) by posting false or misleading campaign statements and/orendorsements on the
candidate's campaign website. The candidate denied knowingly or recklessly making any false
or misleading statements but, in an abundance of caution, removed the misleading information
and clarified the endorsement. A stipulation was entered that there was insufficient, clear, and
convincing evidence to establish a violation of Rule 4.1(A)(4), but the Respondent was advised
to be more careful in restating endorsements, should the decision be made to run again for
elected office.
No violation was found when it was alleged a judge appeared late for a hearing, called a
recess, never returned, and instructed a deputy to clear the courtroom as a ruling would be
mailed. The judge was informally advised to review nearing procedures. The judge's attention
was directed to K.S.A. 38-2243(b) and (d), K.S.A. 38-2232, and 38-2233 authorizing placement
of children in DCF Custody.
No violation was found when it was alleged a judge made a female litigant feel
humiliated and traumatized by ordering the removal of her hat which was worn to cover baldness
due to a medical condition. While the judge acknowledged ordering the removal of the hat, in
compliance with courtroom rules, the judge denied that the comments were intended to
humiliate. The judge was informally advised to refrain from commenting on personal
appearance in accordance with Rule 2.8(B) and Comment [1].
.
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