“We’re the bogeyman,” Sedgwick County District Judge Tony Powell told the Kansas City Star, referring to conservative state legislators-turned-judges Powell, Eric Yost and Jeff Goering and Sedgwick County.
“But look at what we’ve done, look at the reality, look at the performance. We don’t bring our politics to the bench. We do what the law requires. And it would be no different in Johnson County,” Powell said, about that county’s Nov. 4 ballot initiative on whether to start electing its judges.
Wichita attorney Ann Soderberg seconded that view: “We have a great bench. Whether they’re liberal, conservative or in the middle, they apply the law.”
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13 Comments
In Sedgwick County many of the judges make their decisions in the back room before court. That’s because they do not know the laws for the court that they are presiding over – it is not their field of expertise. What really amazes me is that Tony Powell was the judge that was interviewed – he’s one of the worst – under his watch Daytona Roberts died. He wasn’t able to determine who was abusing the child. The mother requested an investigation – the father said the mother did it – there was only one new person in this child’s life and that was stepmom. Since the father was pointing fingers at the mom – Tony Powell gave the child to dad – and Daytona was killed.
Tony was also the judge over the boys that were removed from the Roden’s – a family in the KC area – and placed with a minister that had a love cult in his home where he sexually abused children. This was also done by Tony Powell.
There have been recent reports made to SRS of further abuse of these boys – which is again being ignored by SRS. What has to happen to children before something is done? Didn’t the case of the 2 girls teach these people anything?
WE need to place qualified judges in positions on the bench where they have a background in the law – example: family law – criminal law etc. Don’t place a judge with a financial law background making decisions on children.
Get it right – our children are too important for those kind of mistakes.
I found it very difficult this year when voting to make an informed decision on the judges, i.e. should they be retained or not. While other candidates have their positions pretty clear in their and other’s websites and voting guides, all I could find out about the judges was that they were recommended for retention. I couldn’t find out much about their decision history, or whether they “leaned” right or left. Why do they get this cloak of secrecy?
“Why do they get this cloak of secrecy?”
—–
When I asked that question I was told it was because their positions aren’t “political,” and they make decisions based on law.
Yeah, I didn’t buy it either, but it’s the only answer I was given.
I find it interesting that the Eagle years ago beat up on Yost,Powell and Goering every chance they got,and today these are some of the most respected jurists that we have..what does that say about the Eagle,..and its editorial staff?
MartyG, it appears from your post that your complaint is about the appellate judges, as you reference the retention question. I don’t have an answer for you on how to find out more, only to note that whether they “lean left” or “lean right” is not, IMHO, appropriate to the decision. Rather, for appellate judges (as well as trial judges), the criteria are whether it appears they correctly apply the law to the cases before them. I understand that this is difficult to ascertain, which leads to many voters either skipping over the question entirely.
I believe this is a weakness of the Kansas system. Unless a particular appellate judge is in the news for outrageous conduct, as an example, or is cited for irregularities in the performance of judicial duties, most of us will have little to no information about the judge or justices by which to make a decision.
Similarly, trial judges are by and large unknown to most voters. Given that, should there be popular election? I don’t think so, while admitting the current alternative is no more attractive (appointment then voting for retention) to the average voter. Unlike small counties, the larger districts such as Sedgwick County, have many judges, making the choice in a contested race difficult if not impossible based on information that is available. It may be instructive to some that certain judges have opposition, while others are unopposed; I would caution that this, by itself, is no indication of the quality of the judge.
How to vote on appellante judges and retention? That’s easy: vote to turn them all out. Without exception. Every time.
Just on principle.
As to district judges – as noted before, though it’s clear that most here don’t buy it, political ideology really has very little to do with a judge’s work. At the trial court level, it really is about applying the law. That’s not always easy, and there are from time to time close cases. Judges do have discretion in some things, but it’s relatively limited (at least in the criminal system). I don’t know that there is any substantial difference in the quality of justice in districts that elect judges vs. those that appoint them.
BTK prosecutor faces challenger in bitter race
Associated Press – October 28, 2008 2:04 PM ET
WICHITA, Kan. (AP) – When the BTK killer pleaded guilty in 2005 to 10 killings, few were as eager to grab the accolades as the prosecutor who put him behind bars.
But Sedgwick County District Attorney Nola Foulston’s fleeting fame in that notorious case may hold little sway with her naysayers this election. She’s trying to hang on to a public office that she has held for 20 years.
For the first time in 16 years, the 57-year-old Democrat faces a challenger, Republican Mark Schoenhofer. The 47-year-old defense attorney has made soaring crime statistics in Wichita the centerpiece of his campaign.
Schoenhofer also chides Foulston for spending more than $100,000 of taxpayer money between 2003 and 2008 for posh furnishings for the district attorney’s office.
Foulston says the staff is entitled to a place that looks good and is professional
Greg and Missey Smith, parents of murdered Johnson County teen, Kelsey Smith, are standing up for YES on ballot Question One. They’re speaking in favor of the plan for direct election of district judges, after spending a year in and out of the courtroom trying to get their daughter’s killer, Edwin Hall, convicted. The Smiths said they believe Hall should have received the death penalty for raping and murdering Kelsey. The Smiths said they told prosecutors they would support his guilty plea deal only because they feared if the case went to trial, the judge would side with the defense.
District Judge Peter Ruddick was obviously manipulating the trial, dragging it out far too long at the terrible emotional expense of the surviving family members, looking for openings to scold and embarrass DA Phill Kline, who is hated by leftist shysters and judges for attempting to enforce state laws in Kansas abortion mills. Ruddick actually arranged for one of his hissy fits directed at Kline to be filmed by TV cameras.
[Ruddick is a liberal Democrat who donated to Morrison, Moore and Boyda, and is notoriously soft on child rapists and child pornographers, one of the worst judges Johnson County has ever seen.]
Now that we know that a blatantly politically biased, unfair, and abusive judge, Peter Ruddick, is in control of part of our judicial branch of government, how does Johnson County get rid of him? He is up for retention vote in 2 years, but retention votes never work to oust a bad judge, as proven in Douglas and Shawnee Counties. Lawyers seeking to further their career would just dump their money into a bad judge’s retention campaign, in response to a NO on retention campaign.
Johnson County will just have to start electing judges by and for THE PEOPLE, so that we can oust the bad ones. Ballot proposal No. 1 to elect judges must pass with a YES on November 4, for better self-government.
GMC, much like you, I voted “no” for all of them, except one who I found out something about. But most people either don’t fill in the block at all, or just give the benefit of the doubt, and answer yes. Why is there doubt in the first place? Lack of information is the reason.
So either we should just appoint them all for life or provide information for an informed electorate. I don’t buy the arguement that all they do is apply the law. A computer could do that. They are there to make a decision, based upon their reading (and interpretation, if need be) of the law. It is for this very reason we have, on both sides, so many examples of “activist” judges in the country. Examples, too, of “easy,” and “hard” sentences. In a country and state that prides itself on the “checks and balances” of a three-branch system, I believe this branch does not have enough of those safeguards.
Dan Brooks is one who bench rules…He says that he “knows this is more than likely against the law but it is his opinion”. He suborns perjury in his court. When Ron Paschal goes there to help an ADA get the verdict the DA’s office wants….Dan Brooks complies. He is almost doglike in his eagerness to obey.
This is unconstitutional and denies due process to the plaintiff. He needs to go.
Then to place him in Juvenile Court where it is all confidential the people do not have a prayer of getting a fair shake. Between the agenda of the DA’s office and the judges without spines….there is no justice in Sedgwick County Juvenile Court.
HEY RHONDA
WHY DID YOU DELETE MY COMMENTS? I HAVE ALREADY PRINTED THEM OUT. I GUESS I’LL HAVE TO SCAN THEM AND E-MAIL THEM TO THE JUDGES. TOO BAD THE EAGLE IS AFRAID TO EXPOSE THE HUMAN RIGHTS ATROCITIES IN NOLA FOULSTON’S OFFICE JOE LIDDLE THE DISABLED VET FROM IOWA HAS SENT SEVERAL E-MAILS TO EAGLE REPORTERS.
BILL MCKEAN KIAKAHAHAHA@YAHOO.COM 293-6079
Read the press release from Judicial Review
http://k-tip.org/KSJudicialReview.pdf
Tony Powell got that right he is “the bogeyman” to all the children who have suffered under his rulings. The “reality” is that a little girl died because of his “performance” and bad ruling. Tony Powell seems to like child molesters as well as he condones and supports the placement of little children with sexual abusers. Tony Powell likes to assign himself to family court cases and then take them up to criminal court for secrecy. That’s against the law! He fits right in with all the Juvenile Judges. He has no back bone. The people are talking!