08-3187 Volume Appendix15.pdf - Medical Supply Chain
08-3187 Volume Appendix15.pdf - Medical Supply Chain 08-3187 Volume Appendix15.pdf - Medical Supply Chain
33. Bret Landrith is unable to take civil rights clients because his speech has been chilled by the action of Judge O’Hara through the Kansas Office of the Disciplinary Administrator and he is likely to be disbarred for conduct required by the Kansas Rules of Professional Conduct. 34. In an order where Bret Landrith was neither a party or attorney, Magistrate James P. P’Hara stated Bret Landrith was incompetent. During testimony under oathe, Magistrate O’Hara stated he could not recall ever stating in an order where Mr. Landrith was not an attorney that Mr. Landrith was incompetent. See Atch 13. STATEMENT OF VIOLATIONS Allegations of Conduct Violating Judicial Cannons: I. Judge James P. O’Hara’s name is being used in the Shughart, Thomson & Kilroy corporate web site, falling within the proscription of Kansas Judicial Canon 2B wherein it is stated . . . “a judge . . . should not lend the prestige of his office to advance the private interests of others.” II. Judge James P. O’Hara has violated Kansas Judicial Canon 2, which in substance, provides that the judge not only must avoid impropriety, but also the appearance of impropriety. III. Judge James P. O’Hara has violated Kansas Judicial Canon 3C(1)(b), which in substance, provides that a judge should disqualify himself in a proceeding in which his impartiality might reasonably be questioned, including but not limited to instances where 11 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5813
he served as a lawyer in the matter in controversy, or a lawyer with whom he previously practiced law served during such association as a lawyer concerning the matter. IV. Judge James P. O’Hara has violated Kansas Judicial Canon 3C(1)(c) which provides, in substance, that a judge should disqualify himself when he knows that he has a financial interest in the subject matter in controversy, or any other interest that could be substantially affected by the outcome of the proceeding. “Financial interest” is defined in Canon 3C(3)(c) as ownership of a legal or equitable interest, however small. Judge James P. O’Hara V. Judge James P. O’Hara has violated Kansas Judicial Canon 2, which in substance, provides that the judge not only must avoid impropriety, but also the appearance of impropriety. Allegations of criminal conduct: VI. Judge James P. O’Hara has violated James Bolden’s civil rights in causing the intimidation and harassment of James Bolden’s counsel Bret Landrith and by encouraging the intimidation and harassment of James Bolden and his witnesses under the color of Kansas law to deprive them of the right to representation, redress, freedom of speech and to give testimony by City of Topeka officials. Judge O’Hara’s conduct violates 18 U.S.C.§ 241, 18 U.S.C. §1513(b). VII. Judge James P. O’Hara has participated in a conspiracy between Shughart, Thomson & Kilroy, US Bancorp NA, The Piper Jaffray Companies, Novation LLC and Neoforma, Inc. to obstruct Medical Supply’s entry into the national market for hospital supplies by 12 08-3187 Medical Supply Chain vs. Neoforma Volume XV 5814
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33. Bret Landrith is unable to take civil rights clients because his speech has been chilled<br />
by the action of Judge O’Hara through the Kansas Office of the Disciplinary<br />
Administrator and he is likely to be disbarred for conduct required by the Kansas Rules<br />
of Professional Conduct.<br />
34. In an order where Bret Landrith was neither a party or attorney, Magistrate James P.<br />
P’Hara stated Bret Landrith was incompetent. During testimony under oathe, Magistrate<br />
O’Hara stated he could not recall ever stating in an order where Mr. Landrith was not an<br />
attorney that Mr. Landrith was incompetent. See Atch 13.<br />
STATEMENT OF VIOLATIONS<br />
Allegations of Conduct Violating Judicial Cannons:<br />
I. Judge James P. O’Hara’s name is being used in the Shughart, Thomson & Kilroy<br />
corporate web site, falling within the proscription of Kansas Judicial Canon 2B wherein it<br />
is stated . . . “a judge . . . should not lend the prestige of his office to advance the private<br />
interests of others.”<br />
II. Judge James P. O’Hara has violated Kansas Judicial Canon 2, which in substance,<br />
provides that the judge not only must avoid impropriety, but also the appearance of<br />
impropriety.<br />
III. Judge James P. O’Hara has violated Kansas Judicial Canon 3C(1)(b), which in<br />
substance, provides that a judge should disqualify himself in a proceeding in which his<br />
impartiality might reasonably be questioned, including but not limited to instances where<br />
11<br />
<strong>08</strong>-<strong>3187</strong> <strong>Medical</strong> <strong>Supply</strong> <strong>Chain</strong> vs. Neoforma <strong>Volume</strong> XV 5813