Age: 56
When did you pass the Kansas bar? 1989
Current job title and relevant prior job titles:
Ellis County Attorney (1997-present)
Trego County Attorney (1997-2000)
Assistant Ellis County Attorney (1989-1996)
Associate in private law firm (Glassman Bird & Braun) (1989-1996)
Community involvement
Governor's Appointed Prosecutor to the Kansas Sentencing Commission (2007-2012); Attorney General's Appointed Prosecutor to the Kansas Sexual Violent Predator Commitment Review Committee (2011 - present); Appointed Prosecutor to the Kansas Recodification Commission (2009-2010); Kansas Supreme Court Appointed Prosecutor to the Pre-Trial Justice Committee (2018 - present); Kansas County and District Attorney's Association (1989 - present), Board of Directors (2000- 2006), President (2005); Ellis County and Kansas Bar Association (1989 - present); NW Kansas Community Corrections and Juvenile Justice Board of Directors (1996 - present); High Plains Mental Health Center Board of Directors (2006 - present); Court Appointed Special Advocates of the High Plains Board of Directors (1989 - 1993); Ellis County Historical Society Board of Directors (2004 - present); BSA Troop 101 Assistant Scout Master (2009 - present); Hays Recreation Commission Volunteer Youth Coach (2001 - 2011); Immaculate Heart of Mary Confirmation Catechist (2005 - present); Immaculate Heart of Mary Parish Council (1992 - 1998, 2001 - 2007, 2008 - 2013).
What experience and skills would you bring to the position?
I have practiced law and prosecuted for nearly 31 years. I have tried scores of jury trials. My appointment to numerous state committees/commissions have given me a more global perspective of the justice system in Kansas. I will use my legal and life experience to assist litigants, witnesses and others who appear in my courtroom as we strive to obtain justice.
What are the specific aspects of this judicial position that moved you to run?
Having litigated before numerous judges for nearly 31 years, I have come to the realization that I possess the experience, knowledge and skill set to be a fair, just and dedicated judge.
Describe the ideal judge.
The role of the courts in our society is to provide a fair public forum in which the applicable laws pertaining to that particular controversy are used to resolve the issue. The ultimate goal of the litigants and the court is to achieve justice in each case. The judge must be knowledgeable about the law and courtroom procedures. The judge must extend courtesy to all litigants and participants before the court. The judge must apply the appropriate law to the particular facts at issue and make a fair and just decision.
An ideal judge would lead by example. An ideal judge should be thoroughly prepared on each case and each issue brought before the court. I believe I have the necessary education, experience, character and dedication to be a good judge. I will use my 31 years of legal experience and life experience to assist the litigants, witnesses and others who appear in my courtroom, always striving to obtain justice.
Describe the most challenging ethical dilemma you have encountered. How did you handle it?
I was the prosecutor at a detention hearing for a young man and came to realize the defense attorney was not advocating for the best interest of the young man. I believed the attorney had a conflict of interest due to his personal relationship with a person other than the young man. I asked for a recess, conferred with the Kansas Disciplinary Administrator, then confronted the attorney. The information given to me by the attorney confirmed a conflict of interest. We continued the hearing; a new attorney was appointed for the young man, and the attorney reported himself to the disciplinary office.
What do you perceive as the greatest obstacles to justice, if any?
On the substantive side, the greatest obstacle to justice is the lack of willingness by litigants and witnesses to come forward and speak the truth about the issues being litigated. On the procedural side, the greatest obstacle is the lack of personnel, resources, and funding to efficiently move cases through the judicial system. The state-wide judiciary does not have an adequate number of judges, court clerks, and staff to keep cases moving through the court at a reasonable pace.
If I am elected Judge, I will faithfully and diligently perform my duties. I will explore innovative ways to help move litigants' cases forward expeditiously, without jeopardizing their right to a fair trial and a timely decision. I will dedicate my full time and attention to seeking justice.
What do you believe are the causes of the high rates of minority incarceration?
I cannot speak to national numbers, but I am not aware that our local incarceration rates are disproportionate. As a prosecutor, I do not and have never considered race in charging decisions or case resolution. As a judge, I would treat everyone fairly, regardless of their race.
What do you think about the growing prison population? What response should society have to prison overcrowding?
Again, I cannot speak to national numbers, but I am familiar with Kansas and Ellis County numbers. The state of Kansas has the capacity to house approximately 10,000 prisoners. For the last several years, Kansas has been at and slightly above capacity. Ellis County can house approximately 75 inmates. Since the jail reopened following the remodel (January 2016), Ellis County has averaged around 65 inmates. Since the COVID-19 pandemic, the Kansas prison population has decreased to under 9,200, and Ellis County has decreased to around 45 inmates.
It is important to make sure that the people we have in prison/jail should be there, and that we do not unnecessarily incarcerate anyone. As a prosecutor, I have seen the problem with resorting to housing people in county jail who are mentally ill or addicted to various substances. From my experience as an appointed prosecutor to the Kansas Sentencing Commission (2007-2012), and the Kansas Supreme Court Pre-Trial Justice Committee (2018-present), I am knowledgeable about the challenges regarding inmate population. We need to work toward community programs that address these issues, instead of relying on the jail to fill the void. As a prosecutor, I have worked closely with community corrections, court services and High Plains Mental Health to ensure the people in jail need to be in jail. As a judge, I will work hard to help move cases quickly through the system that do not require a lot of judicial intervention, so that I can spend the necessary time on cases that are more time intensive. This requires an educated, reasoned and seasoned approach to who should be in jail and who should not. I believe my unique skillset, education, and experience will allow me to make such decisions.
As a prospective judge, what do you consider your greatest strengths? Weaknesses?
For nearly 31 years, I have had the honor and privilege of serving the public as a lawyer and prosecuting attorney. I want to use my 31 years of legal experience — and life experience — to assist litigants, witnesses, and others who appear in my courtroom to obtain justice. I want to ensure that all who appear before me have a judge with the highest integrity, who is independent, impartial, neutral at all times, and who is able to fairly assess the merits of the case without prejudice or bias, with the ultimate goal of achieving justice. With my nearly 31 years of courtroom experience and dedication to the practice of law, I am prepared to make the tough and fair-minded decisions required of a district judge.
Although I am exceedingly knowledgeable regarding criminal law and procedure, as criminal law has been my primary focus for the past 24 years, I did practice civil law for seven years. Therefore, I have the benefit of a well-rounded background. Also, as a prosecutor I’ve handled numerous child in need of care and care and treatment cases, which are civil cases. In addition, I’ve handled several civil cases as appointed county counselor through the years, including tax, zoning, and appeals that are civil in nature. Because it is not new to me, I am confident in my ability to reacquaint myself with the nuances of civil procedure quickly.
Have you ever been disciplined by the bar association or the state commission on judicial conduct?
No, I have never been disciplined by the Kansas Office of the Disciplinary Administrator.
Have you ever been arrested? When and on what charges? What was the outcome?
No, I have never been arrested.
Have you ever been a principal, named litigant in a civil matter? How did it affect you?
Yes, I have been sued on a few occasions in my capacity as the Ellis County Attorney, in state court and in federal court, during my nearly 24 years of service as the Ellis County Attorney. All of the actions filed against me were dismissed by the courts prior to trial (on summary judgment).
Being sued helped give me perspective on how important each and every lawsuit (criminal or civil) is to the people involved. It further helped to remind me of the importance of a fair, just and speedy resolution to each and every case.
Have you ever been the victim of a crime? How did it impact you (if at all) as an attorney or judge?
Yes, through the years I have had numerous minor incidents of property damage to my vehicles and my house, and more serious threats against myself and my family. This goes with the territory of nearly 31 years of prosecution. However, it pales in comparison to what victims of person crimes and law enforcement officers suffer and endure. This has helped me to be empathetic to those who have suffered a civil or criminal wrong against them, and who are seeking justice through the court system.