By JONATHAN ZWEYGARDT
Hays Post
A former Ellis County Assistant Attorney has re-entered the race for Ellis County Attorney while a current assistant county attorney is facing disciplinary action for trying to influence a county attorney race in western Kansas.
Chris Lyon, R-Hays, the current Trego County Attorney, became the first candidate to file for Ellis County Attorney in July 2019. But six months later, Lyon withdrew from the race citing family issues.
He submitted his withdraw request through email, with the approval of Ellis County Clerk and Election Officer Donna Maskus. But County Counselor Bill Jeter later informed Maskus that the elections office did not handle the withdrawal properly and that Lyon was still a candidate for Ellis County Attorney.
According to Lyon, while moving his family to the Kansas City area, they maintained a residence in both Hays and Kansas City. Lyon was still performing his duties for Trego County and the cities of Hays and WaKeeney. He was commuting between the two cities and continued to do so during the statewide stay-at-home order due to the COVID-19 outbreak.
It was during that time that representatives from Gove County reached out to him, according to Lyon, and asked him to run for the Gove County Attorney.
Lyon said he filed for that office using his Hays address. It was at this time that Assistant Ellis County Attorney Charlene Brubaker became involved, according to emails provided to Hays Post by the county attorney’s office.
Brubaker, using her official Ellis County email address, reached out to a member of the Hays Police Department raising concerns about whether Lyon actually lives at the address he provided. Lyon told Hays Post he believes this was an attempt to have law enforcement investigate him for using improper information on an election form.
She also used her county email address to reach out to several residents in Gove County in support of Assistant Ellis County Attorney Aaron Cunningham, who is one of three candidates running for County Attorney in Gove County.
In one email Brubaker said, “I would encourage you to vote for Aaron Cunningham.”
Each email speaks favorably of Cunningham and lists reasons why that person should vote for him, while at the same time attacking Lyon. In one email, Brubaker brough up Lyon’s wife and children.
In an interview with Hays Post on Friday, Lyon called the actions of Brubaker upsetting to his family.
He said with everything that has happened he is now, more than ever, intent on running for Ellis County Attorney.
He said in a recent email to supporters, “These allegations reminded me of why I originally intended to run for Ellis County Attorney.”
Lyon reiterated that stance on Friday and said he will actively campaign in Ellis County and is no longer interested in becoming the Gove County Attorney.
“I don’t want anyone there (in Gove County) to vote for me,” Lyon said. “Good luck to Aaron (Cunningham) and Mark Schmeidler."
Lyon added that he is determined to “fix the Ellis County Attorney’s Office” if elected. He served as an Assistant Ellis County Attorney for more than four years and said that he sees several areas of concern within the office that must be addressed.
According to Ellis County Attorney Tom Drees, Brubaker self-reported her actions to the Kansas Lawyer Disciplinary Administration.
In a statement Thursday, Drees called Brubaker’s actions “inappropriate” and said he reprimanded her.
Drees has served as the Ellis County Attorney for the past 23 years but did not file for re-election. He is running as a Republican for district judge in the 23rd Judicial District, which covers Gove, Trego and Ellis counties.
The Ellis County Attorney’s office also voluntarily provided Hays Post with Brubaker’s response to the disciplinary administration, even though such documents are not public, Drees said, noting Brubaker consented to its disclosure.
In it she states, “I should have been more careful about what I was doing and where I was doing it.” She added, “I will learn from this incident and will not repeat it.”
Lyon faces fellow Republican Robert Anderson Jr. in the August primary.
When he announced he was withdrawing for the race, Lyon endorsed Anderson for the position but walked that back last week.
He said in a statement, “He does not have any experience in the Ellis County Attorney’s Office and is unfamiliar with its current culture. It is not fair to ask him to clean up a mess that he knows little about. I ask that he join me in rebuilding the office.”