Johnson County Court House Tonight there will be a debate in Kansas City at the Zenith Boosters Club: “Judges: Appoint or elect.” The issue of electing judges or appointing judges is a topic in both Kansas and Missouri this year. In Kansas some judges are elected (like in Sedgwick County), while others are appointed (like in Johnson County).

Many supporting the appointment of judges pretend that system is not political and “better.” Others would argue that the appointment system is inherently political, and we’re kidding ourselves if we think it’s not.

The following gives political information on the members of the Tenth Judicial District Nominating Committee — the group that selects replacements for Johnson County District judges. Half of the members of the nominating commission are appointed by Johnson County Commissioner. The list of nominating commission appointments for Johnson County is online here.

The political contributions can be confirmed from the Kansas Governmental Ethics Commission search site, or the Open Secrets’ web site for the Federal Election Commission information.

The full list of members of the nominating commission was obtained from the Clerk of Appellate Courts and includes the attorneys that are elected by the Bar Association.


Lawyer Members

Chair, Justice Lee A Johnson, Kansas Supreme Court (Republican, appointed by Sebelius, 2007)

Hon. Karen Arnold-Burger (term expires 3-2010)

Scott C. Gyllenborg (term expires 3-2011)

Hon. Larry McClain (term expires 3-2011)

Victor A. Bergman (term expires 3-2012)

  • Unaffiliated (but a Democrat from 2001-2005);
  • Donated (with wife) $9100 to Kathleen Sebelius (1994-2006), $2500 to Paul Morrison (2005-2006), $500 to Chris Biggs for AG (2002), $1000 to Jim Slattery (1994); $6000 to Dennis Moore (1997-2004); $1000 to Nancy Boyda (2003-2007); $1000 to John Kerry (1997); $1500 to Jill Docking (1996);
  • Steering Committee, Justice, Not Politics!;
  • Worked with now Kansas Attorney General Steven Six at law firm Shamberg, Johnson & Bergman

Charles W. German (term expires 3-2012)

  • Democrat;
  • Wife, Janolyn, gave $500 to Paul Morrison (2006);
  • Donated $500 to Clair McCaskill (2006), $500 to John Edwards (2007), and $500 to DNC (2004);

Hon. Kevin P. Moriarty (term expires 3-2012)

Lee M. Smithyman (term expires 3-2012)

  • Unaffiliated;
  • Donated $2000 to Kathleen Sebelius (2003); law firm Smithyman & Zakoura gave an additional $1109 to Sebelius; $500 to Paul Morrison (2005-2006); No known FEC contributions;

Non-Lawyer Members

Terry Presta (term expires 3-2010, District 3 appointee)

Edna M. Baginsky (term expires 3-2010, District 2 appointee)

  • Democrat;
  • No known political contributions;

Marcia K. Rinehart (term expires 3-2011, District 7 appointee)

  • Republican (Republican for Moore in 2004)
  • Donated $350 to Paul Morrison (2005-2006), $100 to Sandy Praeger (2005-2006), $50 to Ron Thornburgh (2006), $200 to David Adkins for AG (2001-2002), $50 to Chris Biggs for AG (2002), $100 to Pat Colloton (2007), $50 to Kansas Traditional Republican Majority (2006), $100 Kansas Alliance for Education (2006), $50 to “Yes Yes Yes” (2000 - to hide party affiliation in JoCo races);
  • Former member of MAINstream Coalition Board;
  • Endorsed Frank Denning for Sherrif

Michelle A. Kinzer (term expires 3-2011, District 5 appointee)\

  • Republican;
  • Donated $150 (with husband, Lance) to Kay O’Connor (2006), husband gave $150 to Phill Kline (2002, 2006);
  • Wife of State Rep Lance Kinzeer;

Janis K. McMillen (term expires 3-2011; District 4 appointee)

  • Democrat (but Republican 2000-2005);
  • Donated $800 to Kathleen Sebelius (1997-2002), $150 to David Adkins for AG (2002), $200 to Chris Biggs for AG (2002), $150 to MAINStream Coalition PAC (2004), $150 to Kansas Families United for Education (2002, 2004), $100 to “Yes Yes Yes” (2000 - to hide party affiliation in JoCo races);
  • MAINstream Coalition Treasurer (2007);
  • Kansas League of Women Voters president (2003-2006);
  • Wrote letter to editor “Keep politics out of selecting our judges” (Aug 2006).
  • McMillen was originally appointed to the Nominating Committee by JoCo Commissioner Dolores Furtado. Both McMillen and Furtado are registered to vote at the same Overland Park address, and both are active in the League of Women Voters.

Brant W. Tidwell (term expires 3-2012, District 1 appointee)

Jacob A. Swisher (term expires 3-2012, District 5 appointee)

  • Republican;
  • Donated $450 to Phill Kline (2002), $400 to Tim Shallenburger (2002);
  • Candidate for State Rep 17 in 2000

Join the discussion at the Zenith Boosters Club tonight about electing or appointing judges.


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