Sedgwick County District Judge Clark Owens seems a safer choice to oversee the case against abortion provider George Tiller. Owens, a former two-term Sedgwick County district attorney and a Republican up for re-election next year, was assigned the job Tuesday by Chief Judge Michael Corrigan, after Judge Anthony Powell recused himself over past statements he’d made critical of Tiller.
A veteran of many high-profile criminal trials, Owens has never drawn an opponent since his appointment to the bench in late 1990 by then-Gov. Mike Hayden — one measure of his job performance, at least as judged by the legal community.
Like all Republicans, though, Owens has taken a position on abortion in his long political life. A former county Republican chairman, he was quoted in The Eagle two decades ago as saying “my personal beliefs are pro-life” and that “it’s time for the state to regulate third-trimester abortions.” Tiller is accused of violating just such regulations, in his case by allegedly being financially tied to a doctor who signed off on late-term abortions at his clinic.
Maybe it’s too much to wish for a judge without an abortion-related paper trail, just as it’s too much to wish Sedgwick County did not seat its judges via partisan campaigns and elections.
Posted by Rhonda Holman
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19 Comments
1. It is better that public officials are on record with their views. That includes the Judicial Branch.
2. Elections in the USA are never non-partisan. Even when the ballot does not list the affiliated party.
3. The alternative would be to appoint judges. Which would be done by other elected officials. If someone thinks that is somehow non-partisan I’ve got some beach-front property in Old Town to sell you.
Perhaps our expectations are too high, but one should hope that the minute a person dons a judge’s robes, the only consideration should be the law and justice.
Political election of jurists corrupts the rule of law.
Right, left, centrist, I suspect a show of hands wouldn’t object if Phred Felps were hanged from the nearest tree. But would it be legal? Would it be constitutionally just?
Every law on the books is the result of somebody doing something there wasn’t a law against beforehand.
Part of the curse of representative democracy is just about anything can be voted legal or illegal by what amounts to mob rule. Part of the blessing of constitutional government is the mob doesn’t always rule.
If the speed limit is 35 miles-per-hour, not a one of us has a case if we’re caught driving 36. If the sign says “STOP,” not a one of us has a case if we slow down to no-miles-per-hour but happen to keep moving forward.
Are the misdemeanors George Tiller is charged with unrealistic technicalities which run against the realities any medical practice faces these days? Perhaps. I know when my primary care physician refers me to a specialist there’s a likely finanical relationship between the two.
Is the black-letter law he’s up against sacrosanct or a perversion of mob rule? I guess that’s why there are trials and judges and appeals and a constitution.
As much as I consistently disagree with the rulings of Justices Scalia and Thomas, I accept as part of my contract with America their authority. They may be wrong (they often are, in my opinion) but they’ve got the job. And I continue to expect they’ll do the right thing.
Judge Owens is called upon to rule not only on the law, but what is right; what is just.
Let’s hope he’s up to the job.
Excellent discussion of the pluses and minuses of election OR appointment of local judges by the two WE Bloggers above. I know people who are vociferous about this subject on both sides.
Well I do hope this judge is able to put his feelings aside and rule appropriately. We also have to consider how this would be going to the SC with Roberts at the helm and Kennedy leaning conservative lately.
I don’t think Owens has ‘crossed any lines’ here. If we had a murder trial and a judge was on record as saying murder is illegal would we expect him to recuse? Of course not.
The difference here is that there is no evidence that Owens has any history with the defendant. That was the issue with Powell.
By the Rhonda’s rationale a judge should not ever sit for the trial of a car thief if he/she had ever spoken out against theft.
BUt if they had a car stolen would you want to be tried by a judge that has? There is no question of the legal standing of murder. There is quite the disbute over abortion.
I would like to see the Eagle do some checking on Judge Owens’ record. Has he ever, even once, found anyone not guilty after a bench trial?
Judges following the canons be damned. The only solution is to appoint a pro-choice judge. It’s the only answer
Ben is correct.
The ONLY real reason Powell stepped down is that he had made PERSONAL comments about Tiller.
Judges are supposed to have opinions about law.
They should NOT have pre-conceived opinions about defendants comming before them in their court room.—-
Appointed judges? Give me a break! EVERYTHING is political. Appointed judges remain political, but untouchable to the unwashed masses, when the appointed judge puts his or her feelings ahead of the law.
The Eagle wants judges that the Eagle agrees with.
Judge Owens is called upon to rule not only on the law, but what is right; what is just. Let’s hope he’s up to the job.
Posted by: Long Time Poster, First Time Lurker | August 22, 2007 at 04:12 AM
==================
Ummmm I do believe that Judge Owens’ ONLY task is to judge according to the LAW… Even if the LAW is not what he believes personally…
Let’s hope he is up to THAT task…
If he is still the kind of person I have always thought him to be, and if he is anything like his father before him, I think he is up to the task…
Benbob to answer your question. Yes he has, in fact he has a rep for being a very fair Judge. Not a hang-um type nor a soft on crime either. very middle of the road. So Operation Rescue will just hate him.
Econ, as you know, I’m in favor of appointed judges vs. elected ones. I freely acknowledge, as I have in the past, the existence of a whole set of issues when judges are appointed. No question there.
My problem with popularly elected judges, and subsequent elections where their retention is at issue, is that hypothetically, it is possible for a person with a law degree to be elected as a judge, even though that person may well not be qualified to sit. Yes, s/he might well be removed at the next election cycle, but if there was enough political support to get them elected in the first place, there might well be enough of the same support to keep them in office later.
As I said, the above is merely a hypothetical. And, I can also pose a hypothetical concerning a similarly unqualified person being appointed due to purely political connections to be sure. But, on balance, if the appointments are subject to legislative confirmation, I suspect the hypothetical probability of such an unqualified person making it through the process is small.
Just my two cents.
I remember a judicial primary race probably 20 years ago when the two candidates were asked at a Republican luncheon to set forth their views on abortion. The most qualified candidate declined to comment, believing it to be inappropriate for a candidate for judge to express views on an issue upon which he might someday have to rule. The less qualified candidate professed to be pro-life and opposed to abortion. Of course he won the primary. It seems that ever since then, this issue has become a litmus test for Republican primary candidates for judge positions, and the quality of the judges we get has been going downhill.
SOS to Buzz Merritt. Rhonda is so clueless. She opines that Owens is a great judge because he has never been opposed for re-election. Does Rhonda know when the last time that Judges Balligner & Wilbert had an opponent? Does Rhonda remember that these two judges were censured for being involved in a sexual harrassment complaint involving a family law department employee? I can’t blame Rhonda for her ignorance about the scandals in the district courts because the Eagle’s crime & court reporters are too busy writing books about ancient history. Too bad Dion is afraid to snoop around about recent allegations of unethical actions by Judge Tony Powell. Does any one know why did Powell abruptly resigned as presiding family law judge after only 3 months on the job only to be replaced by Judge Yost? I doubt if Powell will use the same excuse as Ballinger that he needed to spend more time with his children. That would be pandering to the family values issue.
As a pro life Republican, I am concerned that the Tiller trial will not be fair. Tiller’s attorneys (Steve Jospeh & Dan Monnatt are insiders who represented Judge Pilshaw & Chief Adminstrative Judge Ballinger respectively in their complaints by the Commission on Judicial Qualfications which resulted in public censures or a slap on the wrist. In Pilshaw’s case she only tried to intervene to negotiate a plea bargain to encourage a court house snitch to testify for the state in a murder trial. Imean it’s not as if she did anything serious requiring removal from the bench like the Salina judge who was tarred and feathered and removed from office for viewing internet porn sites from his court house computer. Pilshaw was also censured for violating a citizen’s constitutional rights by ordering a court clerk to allow her to review and pre-approve motions before entered and filed for a public hearing. Does this practice sound familiar to you, Judge Powell?
I plan to turn up the heat to challenge Dion and the Eagle editors to investigate Judge Owens judicial practices from the past. Hopefully we’ll will not need the out of state media public to investigate if there is routine unethical activity by Sedgwick County judges, SRS workers and its subcontractors and if there is a code of silence based on the fear of disbarment by attorneys who report violations or defend citizens constitutional rights (what a great story opportunity for Hurst), or if there is cronyism on the Commissions on Judicial Qualfications and On the Judicial Nominating Commissions controlled by Wichita Bar Association attorneys.
Of course Rhonda will probably opine that the system works because Juvenile ADA Ron Pascal was not chosen to be a finalist to replace Judge Graber in Wellignton. Am I the only person in Kansas who was surprised that Pascal even applied for the position given the numerous scandals in the Wichita juvenile courts? If I am it is becasue a scandal is not official if the Eagle refuses to investigate. It is only an unoffical scandal if it is only discussed at Wichita Bar Association parties. maybe Lou should let Bonnie Bing take over as the court house investigative reporter (although this would be a demotion). It wouldn’t make much difference becasue we’re never going to have any reforms as long as Honeyman’s partner Hite is controlling the Supreme Court nomination process and partner Linda Parks is the president of the Kansas Bar Association. After all the choreography for the Wichita Bar’s annual musical review is much more newsworthy than trivial matters like due process and equal protection under the law.
Bill McKean kiakahahaha@yahoo.com
VT, I agree somewhat. The people arent usually informed enough about their judges to make accurate votes. Which is really too bad, but that’s how it is.
Most people I talked to during the last election cycle didn’t even know which judges were up for election, or what their stances were, even in major cases. And these were INFORMED voters, very up on the issues.
“As a pro life Republican”Bill McKean kiakahahaha@yahoo.com
Posted by: Bill McKean | August 22, 2007 at 09:42 PM
I guess you have shown your bias.
Just a short note for the blog with more comments to come about Clark Owens. Owens is an arrogant judge with a taste for the type of mocking exhibited by tv judges seeking ratings.
He is both a poor & unethical choice to ajudicate the issue with Tiller,Owens cannot handle the problems of the current citizenry,hardly deal with issues about the unborn.
You cannot draw fresh water from a fouled well or ask an unethical judge like Owens for justice. Owens & Pilshaw are reprehensible,nothing more than a continuation of the crooked DA and County system.
They believe their Tier 3 legal educations entitle them to to “reign” in their little “fiefdoms” where State & Federal Statute ceased to exist many years ago.
If Owens only claim to fame is that he has never drawn an opponent in elections,neither did Hitler,Castro,and the despots of the former Soviet Union.
Finally,months ago I posted about the corruption in this county. One of the recent bloggers here disagreed that SG county could be so corrupt. Please note SG county was soundly defeated in every forum (including the SG Court)and at least two of their “magical” lying SG employees have bit the dust of termination of employment!
OPEN THREAD BLOG COMMENT:
(ALREADY EMAILED TO KS LEGISLATORS)
I wanted to route you a copy of the email I sent to the Topeka Kansas SRS.
I am receiving letters from the Wichita Kansas SRS when they are well aware that according to UIFSA any collection responsibility is assigned to the secondary state
I believe this represents an attempt by the corrupt SG county officials to violate the law desperate to escape the criminal acts of their Court officials,the various criminal actors,and the EX.
Unfortunately for them,their wrongful acts stand as “uncontroverted fact” due to the mega page filing. I can easily now subpoena Federal government officials who have well documented the SG county corruption and unlawful acts under the color of law.
These SG county criminals dressed as government officials are clutching at straws,trying to preserve their inbred Wichita corruption. Unfortunately,any attempt by them,will only unveil the entire criminal conduct by the Kansas SRS and the various SG county players.
I will be filing with the appropriate agencies.
I think we can only expect further crimes from the officials and I would appreciate your help to deal with these diabolical criminals from this county.
We will together rout these enemies of all families & Americans. It is good I am not there so they cannot KILL me before I indict & convict them of their crimes. God indeed ALWAYS hears the voice of the afflicted!
Here is a copy of my 2nd email to the Kansas SRS dated 23 Oct 2007:
Please accept this memo for the record which will be fowarded to your Legislative personnel.
Your Wichita agency during the last year or so completed actions under the direction of your now terminated for cause attorney.
He knowingly and with malice completed actions which he knew were wrongful acts under the color of law. This Wichita trend of action is well documented in the mega page filing.
The conspiracy to defraud included other infamous Wichita players from the Court and government and the now terminated 3 wrongful actors.
Your SG office now apparently believes that they will in some guise threaten me after my overwhelming victory to devastate the criminal element of your agency by complete & utter victory.
These threats from your corrupt agency come on the heels of my recent notification to bring these criminals dressed as government officials to justice before the Topeka offices of responsibility.
The Kansas SRS in collaboration with your client did knowingly and with malice violate 42 USC 1383 & 42 USC 1385,the laws of Kansas and other States.
No amount of continuing criminal activity will change the official State & court records which amply exposes these criminal actors and offenses.
Your agency is well aware that this matter has reverted to judgement and that under UIFSA management of collections is assigned to the secondary state where I am a resident.
Your continued violations of law and Statute are the practice & procedure of your Wichita office for which you will suffer dearly when these matters appear before the Federal Court as multiple Civil Rights violations which you can & will not escape.
Your violations of US code are well documented and already in the hands of your legislators.
During the last 18 months or so a summary execution (spawned by your corrupt offices) by armed police failed and you and SG county were identified as the perpetrators of the wrongful act.
The stakes are high for your corrupt officials,disbarrment of attorneys,terminations of employment,lawsuits awards,and national press which will prove the foul and wrongful acts your agency embraces.
Your days of wrongful acts under the color of law have come to an end. I would definetly recommend that someone in your diabolical organization become familiar with the case files BEFORE you devote more personnel to failure and loss before the hands of this American and Father.
All my children from this matter have reached the age of majority over 3 years ago,and you are left with your multiple falsely sworn client,your own wrongful & unlawful acts,and the obvious intent to violate the law further in the future.
I will enjoy bringing you from the darkness of your crimes into the light of justice,and so will the Federal government,and your own legislators. Do not threaten me,you are criminals,who believe you are above the law and I CAN GUARANTEE YOU ARE NOT ABOVE THE LAW.