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    Complaint Response On Judge Kurtis Loy and Attorney Mark A. Werner, Kip Sagehorn and Robert Tomassi

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    Complaint Response on Judge Kurtis Loy and attorney; Mark A. Werner, Kip Sagehorn and Robert Tomassi Dated December 11th, 2015 and signed by Stan Hazlett (Disciplinary Administrator)

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    Complaint Response On Judge Kurtis Loy and Attorney Mark A. Werner, Kip Sagehorn and Robert Tomassi

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    Conflict Gate
    396 views2 pages
    Complaint Response on Judge Kurtis Loy and attorney; Mark A. Werner, Kip Sagehorn and Robert Tomassi Dated December 11th, 2015 and signed by Stan Hazlett (Disciplinary Administrator)

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    Complaint Response on Judge Kurtis Loy and attorney; Mark A. Werner, Kip Sagehorn and Robert Tomassi

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    Complaint Response on Judge Kurtis Loy and attorney; Mark A. Werner, Kip Sagehorn and Robert Tomassi Dated December 11th, 2015 and signed by Stan Hazlett (Disciplinary Administrator)

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    © All Rights Reserved
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    Download as pdf or txt
    396 views2 pages

    Complaint Response On Judge Kurtis Loy and Attorney Mark A. Werner, Kip Sagehorn and Robert Tomassi

    Uploaded by

    Conflict Gate
    Complaint Response on Judge Kurtis Loy and attorney; Mark A. Werner, Kip Sagehorn and Robert Tomassi Dated December 11th, 2015 and signed by Stan Hazlett (Disciplinary Administrator)

    Copyright:

    © All Rights Reserved
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    of 2

    STATE OF KANSAS

    701 Jackson St.


    Floor
    Topeka, Kansas 66603-3729
    Telephone: (785) 296-2486
    Fax: (785) 296-6049

    STANTON A. HAZLETT
    Disciplinary Administrator
    ALEXANDER M WALCZAK
    KIMBERLY L. KNOLL
    KATE F. BAIRD
    DEBORAH L. HUGHES
    Deputy Disciplinary Administrators

    ]'1

    GAYLE B. LARKIN
    OFFICE OF
    THE DISCIPLINARY ADMINISTRATOR

    Admissions Attorney

    December 11,2014
    Mr. Eric Muathe
    1410 Bitner Terrace
    Pittsburg, Kansas 66762
    Re: Robert Tomassi and Mark Werner
    Dear Mr. Muathe:
    I have received your letter dated December 1,2014, in which you make
    . complaints against Robert Tomassi and Mark Werner. In summary, you believe
    Mr. Tomassi and Mr. Warner have violated the Kansas Rules of Professional
    Conduct by appearing in front of the Honorable Kurtis Loy. You allege that Mr.
    Werner and Mr. Tomassi have violated KRPC 1.7(b) and KRPC 4.4 because
    both men are former law partners of Judge Loy.
    Initially, you should be aware that I do not have jurisdiction over district court
    judges. Complaints against judges should be made with the Kansas
    Commission for Judicial Qualifications. Although I lack jurisdiction over Judge
    Loy, I disagree with your assertion that Judge Loy has violated Canon 2.11 (A).
    That rule does not prohibit a judge from hearing cases involving a former partner.
    Rule 2.11 (A)(5) would only prohibit a judge from hearing a case in which the
    judge served as a lawyer in the matter in controversy or was associated with a
    lawyer who participated substantially as a lawyer in the matter during such
    association. You have provided me no information to indicate that Judge Loy
    served as a lawyer in the case now before him or was associated with a lawyer
    who participated substantially in that matter.
    You have also attached an August 21,2014, letter from Judge Loy to Judge
    Wachter. You assert that Judge Loy advised Judge Wachter that he would not
    accept assignments of "cases involving my former law partner." I have spoken to
    Judge Loy. By that statement, Judge Loy clearly intended to advise Judge
    Wachter that he would not accept assignment of cases involving his former law
    partner, Kip Sagehorn. Judge Lay has continued business dealings with Mr.
    Sagehorn and feels it would be inappropriate for him to hear cases involving Mr.
    Sagehorn. Judge Loy certainly didn't intend to indicate that he would neve'r hear

    a case involving any former law partner. In fact, Judge L.oy had not practiced law
    with Mark Werner since November of 1994, and had not practiced with Robert
    Tomassi since June of 2000. Certainly, Judge Loy could hear a case in which
    . either Mark Werner or Robert Tomassi were the attorneys of record and he
    would not be violating Rule 2.11(A).
    Just as it is permissible for Judge Loy to hear cases in which Mark Werner and
    Robert Tomassi are attorneys, it is also permissible for those two attorneys to
    appear in front of Judge Loy. Such appearances certainly do not violate KRPC
    1.7 and 4.4 as you allege.
    I am dismissing your complaint against Mark Werner and Robert Tomassi
    pursuant to my authority under Supreme Court Rule 209.
    Sincerely,

    A\\Q~

    Stanton A. Hazlett
    Disciplinary Administrator
    SAH:JB
    cc: Robert Tomassi
    Mark Werner

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