February 9, 2018

Commission on Judicial Qualifications

Kansas Judicial Center
301 SW 10th Avenue, Room 374
Topeka Kansas 66612-1507

Case Number: 2017CV72P Kasey King vs. Lori Fleming

To Whom It May Concern:

This is a complaint against Judge Edward Bouker.

THIS COMPLAINT FOR JUDGE EDWARD BOUKER IS FOR FAILING TO REPORT ATTORNEY

BERNARD RHODES FOR MISCONDUCT AND INAPPROPRIATE WORD CHOICES (OR

VERBALLY CAUTION ATTORNEY RHODES ON THE RECORD DURING THE HEARING) EVEN

THOUGH BERNARD RHODES REGRETS ON THE TRANSCRIPT FOR HIS COMMENTS JUST

LIKE JUDGE AJ. WACHTER DID IN DOCKET NUMBER 1114 WHERE JUDGE WACHTER

RECEIVED A CAUTION.

ACCORDING TO RULE 203 TYPES OF DISCIPLINE( 4) BERNARD RHODES SHOULD RECEIVE

(INFORMAL ADMONITION) SINCE HE REGRETS WHAT HE STATES ON THE TRANSCRIPT

JUST LIKE A.J. WACHTER REGRETIED HIS STATEMENTS IN 2011).

On January 16, 2018 in case number 17CV72P Kasey King vs. Lori Fleming et. al on page 27

of the court transcript on page 4 Bernard Rhodes is speaking to Judge Edward Bouker and

he states right on the record "THIS IS A LAWYER, WHO I REGRET TO SAY, SIMPLY CANNOT

BE TRUSTED." This is after Bernard Rhodes and Dennis Depew had already insulted,

humiliated, and embarrassed my attorney Prince Ogemeno which the court transcript

shows on the following pages:

Mr. Rhodes starts with his inappropriate word choices and insults on page 12 line 12 when
he says "You get one bite at the apple. They took that bite of the apple. they lost at that bite
of the apple because, according to the federal court judge who has issued final judgment,
they violated Rule 11." Mr. Rhodes then includes Stephen Phillips and Dennis Depew as the
(we) in the apple biting since he states on page 14 lines 14-18 "We believe under the
Rhoten decision of the Kansas Supreme Court, which this Court is, of course, bound to,
summary judgment is required because the plaintiffs had their bite at the apple, they lost,

there is preclusive effect."

Attorney Dennis Depew thought that he would join and participate in Bernard Rhodes
inappropriate word choices and disrespect for myself, my attorney and the court by stating
on page 19 lines 14-19 "He's just trying to do his job. And yet he is constantly under attack,
and this case is just yet another example of somebody that now basically had three bites at
the apple at the Federal Court level with the initial ruling, the motion to clarify, and then
the motion to alter or amend". Dennis Depew not only shows disrespect to myself as a third
party and my attorney by talking about biting apples but he actually refers to Mr.
Ogunmeno and myself as "SOMEBODY"when he says another example of somebody that
now had three bites at the apple. Dennis Depew is giving insults and continues by acting
like a member of the BAR is just a somebody and that Mr. Ogunmeno is not an attorney and
does not have a name. Dennis Depew continues his inappropriate word choices and
unethical statements by saying on page 19 lines 20-21 "now with the filing of this case, they
want a fourth bite, and my client deserves to be left alone".

Mr. Rhodes also compared Mr. Ogunmeno's court answers to "MIXING APPLES AND
ORANGES" on page 271inelO of the court transcript. Bernard Rhodes also insults my son
and his attorney again on page 27 lines 21 to 25 and page 28 lines 1-2 of the court
transcript when Mr. Rhodes says "so he's mixing apples and oranges. I know we keep
talking about bites at the apples. Ihad two bites, somebody over here had four bites and
now I'm talking about oranges. But unfortunately with the opposition we are dealinp with,
that is the level we have to go to, is talking about fruit. because that's what we are dealing
here with, your Honor"!
On Page 30 line 18 attorney Ogunmeno acknowledges the disrespect that Bernard Rhodes
had given him when he says "Let me just - I don't want to be passionate here but Mr.

Rhodes is just being abusive here."

Honorable Edward Bouker was not prepared when he arrived in court which is required
under RULE 2.5 Competence, Diligence, and Cooperation.

[1] Competence in the performance of judicial duties requires the legal knowledge, skill,
thoroughness, and preparation reasonably necessary to perform a judge'sresponsibilities
of judicial office.

Honorable Bouker did not even know the name of the case that he drove down to Crawford
County District Court from all the way out to Hays, Kansas over 5-1/2 hours and he forgot
the name of the case and didn't know what was going on so he asked for someone to read
the case and to asked someone to fill him in on what was going on which is on page 3, line 4
through Page 4 line 1 of the court transcript. He also was late getting to the hearing which
was supposed to start at 1:30 but did not start until later. He didn't even apologize for
being late but instead he apologized for "suffering from the maladies of the season". I'm
sorry, but everyone is getting the flu and people are going ahead and exposing others to
their sickness and I certainly do not appreciate Judge Bouker arriving to court LATE and
SICK.

Sincerely,

Eric Muathe,
P. O. Box 224,
Pittsburg, Kansas, 66762
 1

1 IN THE DISTRICT COURT OF CRAWFORD COUNTY, KANSAS

2 KASEY KING, )
)
3 )
Plaintiff, )
4 )
vs. ) CASE NO.
5 ) 2017CV72-P
MY TOWN MEDIA, INC., et al,)
6 )
)
7 )
Defendants. )
8

10 TRANSCRIPT OF PROCEEDINGS

11

12 PROCEEDINGS had before the Honorable Daniel

13 Dale Creitz, Judge of the District Court of

14 Allen County, Kansas, at lola, Kansas, on the

15 31st day of August, 2017.

16

17 APPEARANCES;

18 The Plaintiff appearing by and through

19 his counsel, Prince Adebayo Ogunrneno, 155 S.

20 18th St., Suite 250, Kansas City, Kansas

21 66102-5654, via teleconference.

22 The Defendant, Kurtis I. Loy,

23 appearing by and through his counsel, Mr.
24 Dennis D. Depew, Deputy Attorney General, 120
25 SW 10th Ave., 2nd Floor, Topeka, KS 66612, via

April D. Hudson, RMR

(620) 365-1426
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1 APPEARANCES: (Continued)

2 teleconference.

3 The Defendant, Lori B. Fleming,

4 appearing by and through her attorney, Mr.

5 Stephen Phillips, Assistant Attorney General,

6 120 SW 10th Ave, 2nd Floor, Topeka, Kansas

7 66612, via teleconference.

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25

April D. Hudson, RMR

(620) 365-1426
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1 PROCEEDINGS

2 THE COURT: Good morning. This is

3 Judge Creitz. I'm in chambers. I have my

4 court reporter here, April Hudson, and I have

5 Kendra Klassen with the calendar. I will have

6 to call Pittsburg to get a hearing date when we

7 do this.

8 Let's do appearances first. For the

9 plaintiff please state your appearance.

10 PRINCE ADEBAYO OGUNMENO: (Inaudible. )

11 THE COURT: I'm sorry, sir, you'll

12 have to would you spell your name because we

13 are trying to make a record and you came across

14 very unclear.

15 PRINCE ADEBAYO OGUNMENO: (Inaudible.)

16 THE COURT: You are not being clear;

17 sir.

18 PRINCE ADEBAYO OGUNMENO:

19 A-D-E-B-A-Y-O O-G-U-N-M-E-N-O.
20 THE COURT: All right. Thank you,
21 sir. And what is your bar number, sir?

22 PRINCE ADEBAYO OGUNMENO: 14808.

23 THE COURT: All right. That is a
24 Kansas bar number?

25 PRINCE ADEBAYO OGUNMENO: Yes.

April D. Hudson, RMR

(620) 365-1426
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1 THE COURT: Thank you.

2 For defense?

3 MR. DEPEW: Dennis Depew; bar number

4 1160, appearing on behalf of defendant Kurtis

5 Loy.

6 THE COURT: All right.

7 MR. PHILLIPS: And Steve Phillips for

8 Judge Fleming.

9 THE COURT: Sorry, Mr. Phillips,

10 that's my fault.

11 Defendant has filed a motion to dismiss, or

12 in the alternative, motion for summary

13 judgment. I'd like to get that set for hearing

14 and get some deadlines.

15 Does plaintiff plan on filing a response to

16 that motion?

17 PRINCE ADEBAYO OGUNMENO: Yes.

18 THE COURT: And that motion, when will

19 you have your response filed by?

20 PRINCE ADEBAYO OGUNMENO: I think I

21 file request for extension of time.

22 THE COURT: When do you want -- when

23 can you file it by? You don't have to worry
24 about the extension. I just asked you a
25 question; when can you file it by, sir?

April D. Hudson, RMR

(620) 365-1426
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1 PRINCE ADEBAYO OGONMENO: September

2 25.

3 THE COORT: September 25th, okay.

4 Plaintiff, that's fine, we'll go ahead and set

5 that.

6 Does defense want time to file a reply?

7 MR. PHIJ.JLlPS: Fourteen days, please.

8 THE COORT: October 9th. Let's set a

9 hearing date thereafter. We'll clear it with

10 my schedule and yours and I'll call Pittsburg.

11 I guess my question first of all before I

12 call, does anybody have any objection to

13 hearing this motion in Iola in lieu of going to

14 Pittsburg? I'm willing to go to Pittsburg, I

15 want to make that clear.

16 Plaintiff, do you want to hear it in

17 Pittsburg or are you willing to hear it here?

18 PRINCE ADEBAYO OGUNMENO: (Inaudible)

19 in Pittsburg.

20 THE COURT: We'll set it in Pittsburg.

21 MR. DEPEW: Your Honor, we would
22 respectfully suggest we set it in lola for two
23 reasons: One is it is closer in terms of
24 travel time for both plaintiff's counsel and
25 defense counsel to come to Iola; and also,

April D. Hudson, RMR

(620) 365-1426
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given the Court's likely schedule and calendar,

1

2 we feel like we could probably get a quicker

3 hearing date if this matter was heard in Iola

4 as opposed to Pittsburg. But that's just a

5 respectfully made suggestion to plaintiff's

6 counsel.

7 THE COURT: Okay. Plaintiff, I'm only

8 going to do it in Iola if you agree. Do you

9 agree to doing it in Iola or not? Are you

10 there?

11 PRINCE ADEBAYO OGUNMENO: (No

12 response. )

13 THE COURT: Can you hear me? Are you

14 agreeable to do it in Iola or not?

15 PRINCE ADEBAYO OGUNMENO: No, I'm not

16 agreeable to do it in Iola now because I need

17 to consult with my client. I think we can go

18 ahead and set it for Pittsburg now and I'll

19 consult with my client. And if they are

20 willing to change that venue

21 THE COURT: Hang on, you answered my

22 question. We will set it in Pittsburg. That's

23 where we'll do it. It will be a little more

24 inconvenient for defense counsel, but it is a

25 Crawford County case. If you're not willing to

April D. Hudson, RMR

(620) 365-1426
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1 agree to d 0 li t h ere, I'll do .i t; .i n Pittsburg.

2 We'll get a date and then I'll call down to

3 Pittsburg and make sure we have a courtroom.

4 November 1st is the first available date.

5 We have some murder cases pending, I think

6 five, that's making my docket difficult.

7 November 1st

8 MR. PHILLIPS: Judge, I would ask for

9 not too early in the morning because Dennis and

10 I have to drive down from Topeka.

11 THE COURT: We can do it in the

12 afternoon. November 1st at one-thirty. Is

13 plaintiff available then?

14 PRINCE ADEBAYO OGUNMENO: No, your

15 Honor, I'm not available. I'm out of the
16 country at that time. Maybe the next week,
17 November 9th.
18

19 THE COURT: Hang on.

20 MS. KLASSEN: I have November 7th and
21 November 8th at one-thirty.
22 MR. PHILLIPS: I can't do the 8th.
23 MR. DEPEW; I can't do the 7th. I'll
24 be out of the office that week for training.
25 THE COURT: Okay.

April D. Hudson, RMR

(620) 365-1426
 8

1 PRINCE ADEBAYO OGUNMENO: On the 9th?

2 THE COURT: I'm not available.

3 December 20th at one-thirty?

4: MR. DEPEW: Yes, sir, that is fine.

5 MR. PHILLIPS: That is fine, sir.

6 THE COURT: Plaintiff available?

7 PRINCE ADEBAYO OGUNMENO: What day is

8 that?

9 THE COURT: December 20th at

10 one-thirty p.m. in Pittsburg?

11 PRINCE ADEBAYO OGUNMENO: No, your

12 Honor. I'm scheduled for trial beginning on

13 the 19th.

14 THE COURT: Where at?

15 PRINCE ADEBAYO OGUNMENO: Federal

16 court.

J7 THE COURT: I'm looking at my

18 calendar.

19 MR. PHILLIPS: I have two suggestions,

20 Judge. I'm willing to defense is willing to
21 waive oral argument. The other would be if we
22 did this by --

23 THE COURT: No, because I'm not sure

24 we can make a clear record. I'm worried we
25 will not be able to, based on the court

April D. Hudson, RMR

(620) 365-1426
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1 reporter's reaction. It's very difficult to

2 understand the plaintiff. I'll move some stuff

3 if I need to. How about October 23rd?

4 PRINCE AOEBAYO OGUNMENO: Your Honor,

5 I'm not available.

6 THE COURT: Okay, 25th?

7 PRINCE ADEBAYO OGUNMENO: I won't be

8 back until November the 6th.

9 THE COURT: That causes problems.

10 PRINCE ADEBAYO OGUNMENO: Right.

11 THE COURT: Is plaintiff willing to

12 waive oral argument and let the Court rule on

13 the briefs? That's a yes or no, sir. Is

14 plaintiff there?

15 PRINCE ADEBAYO OGUNMENO: Yes.

16 THE COURT: Did you hear my question?

17 PRINCE ADEBAYO OGUNMENO: No, didn't

18 hear the question.

19 THE COURT: Okay. I'll ask again.

20 Defense is willing to waive oral arguments.

21 Are you willing to waive oral arguments?

22 PRINCE ADEBAYO OGUNMENO: (Inaudible. )

23 THE COURT: Your cell phone is
24 breaking up.

25 PRINCE ADEBAYO OGUNMENO: I said, no,

April D. Hudson, RMR

(620) 365-1426
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1 I'm not willing to waive right now, no.

2 THE COURT: Then we need to set it.

3 In November I have jury trials stacked up~ W~

4 have murder cases. Plaintiff is not available

5 until then, I'm not available until November.

6 I'm looking at the calendar here. Kendra has

7 tried to accommodate but there is nothing we

8 can move at this point. They are all set and

9 all murder cases. Everyone of them is in

10 custody. That's a real problem.

11 iYIR. DEPEW: Judge, there was a weird

12 beeping on the phone. I'm worried we lost

13 plaintiff.

14 THE COURT: Is plaintiff's counsel

15 there? Hello? Is plaintiff's counsel there?
16 MR. PHILLIPS: Judge, I think I can
17 conference him in again.
18 THE COURT: Thank you. If you'd
19 please do so, I'll try and figure out the
20 schedule.

21 MR. PHILLIPS: If I lose you I'll call

22 you back.

23 THE COURT: Is plaintiff's counsel

24 back?

25 PRINCE ADEBAYO OGUNMENO: Yes, I'm

April D. Hudson, RMR

(620) 365-1426
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1 back.

2 THE COURT: We lost you, sir. I was

3 asking you to respond and you never did

4 respond.

5 PRINCE ADEBAYO OGUNMENO: I'm sorry, I

6 didn't hear. Maybe that's when I was off.

7 THE COURT: I don't know. I asked you

8 about six times and no response.

9 PRINCE ADEBAYO OGUNMENO: Your Honor,

10 that is probably when I was cut off.

11 THE COURT: We are still trying to

12 figure that out. I explained I have murder

13 trials set in November. There lS no hearing

14 dates available in November.

15 PRINCE ADEBAYO OGUNMENO: Okay.

16 THE COURT: They may go off, but at
17 that time, this point, they are all set.

18 How about Thursday, December 21st; is your

19 trial done in federal court then, plaintiff?

20 PRINCE ADEBAYO OGUNMENO: I'm looking

21 at the calendar. It's starting on Tuesday so I
22 don't believe it will be done. I'm open first
23 week in December.
24 THE COURT: No, I have -- I'm not
25 available.

April D. Hudson, RMR

(620) 365-1426
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1 PRINCE ADEBAYO OGONMENO: Your Honor,

2 I can check that. I'm not sure the case wiil

3 finish before that. Or maybe -- it's on my

4 calendar now December 19 through 22nd. I can

5 call and check it and see and then

6 MR. PHILLIPS: I'd rather leave today

7 with a date certain.

8 THE COURT: That's what I'm doing. If

9 I knew these murder cases -- I think there is a

10 chance they'll plead, but I don't know that.

11 County attorney has told me they are still on.

12 I know there is some possible deals out there

13 but I don't know they'll be accepted. They are

14 still on the calendar.

15 MR. PHILLIPS; Judge, if plaintiff's

16 counsel would agree to do it in Iola would it

17 make any difference to your schedule?

18 THE COURT: No, because we still have

19 the murder trial in November. That's the

20 problem.

21 All right. How about Friday, January 5th

22 at one-thirty? I don't want to go that far,
23 but that's where I'm looking. That would be in
24 Pittsburg.

25 PRINCE ADEBAYO OGUNMENO: Judge, I

April D. Hudson, RMR

(620) 365-1426
 13

1 don't want to go that far either, but

2 unfortunately I'll be out of the country.

3 THE COURT: Are you available the 5th?

4 I can't understand you.

5 PRINCE ADEBAYO OGUNMENO: No, Judge.

6 What I'm saying -- can you hear me now?

7 THE COURT: I can hear you, but we

8 can't understand you.

9 PRINCE ADEBAYO OGUNMENO: Oh, okay.

10 THE COURT: I think your phone is

11 breaking up.

12 PRINCE ADEBAYO OGUNMENO: It is, oh.

13 THE COURT: When do you get back in

14 the country in January?

15 PRINCE ADEBAYO OGUNMENO: January 14.

16 THE COURT: How about Tuesday, January

17 16 at one-thirty?

18 PRINCE ADEBAYO OGUNMENO:

19 should be ready.

20 THE COURT: It's a firm date. Hang

21 on, let me make a call.

22 I'm assuming defense counsel are available

23 then?

24 MR. PHILLIPS: Yes.

25 HR. DEPEW: Yes.

April D. Hudson, RMR

(620) 365-1426
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1 THE COURT: All right.

2 (Discussion held off record to call

3 Crawford County.)

4 THE COURT: All right. We have one of

5 the courtrooms in Pittsburg. I confirmed it

6 with one of the AA's there, Mary Ann Forsyth.

7 And so we will be set for hearing on the motion

8 to dismiss, motion for summary judgment on

9 January 16th, 2018, in Pittsburg. I'm sorry,

10 with everybody's schedule that is what we have

11 got to do.

12 Plaintiff to file a response by September

13 25th, defendant to reply by October 9th. That

14 ought to give me plenty of time to have read

15 everything again and be prepared on January

16 16th. I probably -- I'm not sure that I will

17 rule from the bench, but I probably will issue

18 a written ruling. But in any event, that's the

19 hearing date.

20 I'm going to ask defense to do a journal

21 entry setting all this out, please, and under

22 Rule 170.

23 MR. PHI L LIP S : Yes, Judge.

24 THE COURT: Anything else from the
25 plaintiff at this point?

April D. Hudson, RMR

(620) 365-1426
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1 PRINCE ADEBAYO OGUNMENO: No, your

2 Honor.

3 THE COURT: Defense?

4 MR. PHILLIPS: Judge, we have two

5 motions to stay on file and Mr. Ogunmeno's

6 response time has long since run on those. We

7 had a motion to stay discovery, motion to stay

8 our answer date.

9 PRINCE ADEBAYO OGUNMENO: I don't

10 think the time has run. I think --

11 MR. PHILLIPS: Mr. Ogunmeno, the time

12 is seven days under Rule 133.

13 PRINCE ADEBAYO OGUNMENO: Oh.

14 THE COURT: I'll take a look at those.

15 Assuming the time has run, I'll go ahead and

16 rule on those and I'll issue written rulings.

17 That I S my mistake. I was dealing with the

18 other motion. That is totally my fault.

19 PRINCE ADEBAYO OGUNMENO: Right, okay.

20 [vIR.DEPEW: Thank you, Judge.
21 THE COURT: Okay. Everybody have a
22 great day.

23 MR. PHILLIPS: Thank you.

24 MR. DEPEW: You, too.
25 (Court adjourned.)

April D. Hudson, RMR

(620) 365-1426
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1 CERTIFICATE

2 STATE OF KANSAS.
SS.
3 ALLEN COUNTY.
I, April O. Hudson, a Certified Shorthand

5 Reporter, under and by virtue of the laws of the

6 State of Kansas, and the regularly appointed,

7 qualified and acting Official Reporter for the

8 Thirty-First Judicial District of the State of

9 Kansas do hereby certify that as such official

10 reporter, I was present at and reported in machine

11 shorthand the above and foregoing proceedings had on

_2 the date above set out before the Honorable Daniel

13 Dale Creitz, Judge of the Thirty-First Judicial

14 District of the State of Kansas, sitting in and for

15 the County of Allen.

16 I further certify that pursuant to law my

17 shorthand notes were transcribed under my

18 supervision and that the foregoing is a true and

19 correct transcript of my notes in said case.

20 IN WITNESS WHEREOF, electronically signed

21 and E-Filed from my office in lola, Allen County,

22 Kansas, 22nd day of January, 2018.

24 Isl April D. Hudson

April D. Hudson, RMR
2S OFFICIAL COURT REPORTER
SUPREME COURT NO. 0699