Last year citizens of Johnson County voted on Question No. 1 as to whether or not to elect district court judges instead of selecting them through a judicial nomination process.
The “No” votes won, which prevented the election of judges. This group said judicial elections would make the process too political, but ignored how political the current process is. The “No” group offered no improvements over the current system.
County “Committee Reports” filed at the Johnson County election office, and not published online, show the huge amount of money the “No” group had compared to the “Yes” group.
The following shows votes and dollars in one convenient table:
Table 1. Summary of Question 1 in Nov 2008 Election
| Category | “No” on Question 1 | “Yes” on Question 1 |
| Votes |
157,624
|
109,723
|
| Receipts |
$245,826
|
$70,849
|
| Expenditures |
$245,550
|
$70,196
|
| Balance |
$276
|
$652
|
Additional details are given in the supplement below.
The “No” opponents spent almost 3.5 times what the “Yes” proponents spent. The largest two groups of large “No” contributors were somewhat surprising:
- All 25 JoCo District Court Judges and Magistrates, including several senior judges, contributed to keep their jobs unchanged. Instead of “recusing” themselves politically in this election and deferring to the wisdom of the voters, these Judges gave a total of about $32,600 to take a side.
- Missouri law firms and other out-of-state interests gave more than $87,300 to make sure the selection of judges in Johnson County continued using the current system. Why do out of state interests care more than in-state interests about JoCo judges?
- Kansas law firms and other in-state contributors (excluding the judges) only gave about $55,000 to keep the current system.
Without help from the JoCo judges and Missouri interests, opponents in Johnson County to electing judges would have been outspent by those wanting judges elected. Why do we see such a large Missouri influence on Johnson County and Kansas?
Most citizens of Kansas do not understand how unusual the power exerted by the Kansas Bar Association is over the selection Kansas judges. Prof. Stephen Ware from the KU Law School has written about the selection to the Kansas Supreme Court, and the similar system used to select district court judges.
The press had done an inadquate job in explaining the two sides of this issue, and for the most part took the side of the “No” proponents. The Kansas City Star’s Mike Hendricks in his Oct 19 article, What’s really behind the push to elect Johnson County judges?, failed to mention Prof. Ware’s concern about the unusual power of the Bar in Kansas to control our courts. Mike Hendricks was mostly interested in dragging Phill Kline’s name into the debate as a false argument. The Star wanted the No group to win and endorsed them.
The political nature of the local nominating commission (and Supreme Court Nominating Commission) isn’t something the local press wants to explore. For example:
Janis McMillen, the current president of Mainstream Coalition and former president of League of Women Voters of Johnson County and of Kansas, wrote an article “Keep Politics Out of Our Courts” in the League’s June 2007 newsletter.
The current non-partisan, merit selection of judges ensures safeguarding judicial independence and impartiality. Our judges need to be accountable only to the law and the United States Constitution. Our judges must never become “puppets” of any political party or special interest group.
The League of Women Voters of Kansas has a position that strongly supports the merit selection system and we urge you to visit their website and sign up to help in any way that you can to inform the public about the current system of justice we enjoy and the risky option being presented as a “solution”.
But where in her article does Janis McMillen admit that she has given political money to Kathleen Sebelius [D], and Dennis Moore [D], and generally leans left in her political views?
Where does McMillen admit that she actively works in groups like the Mainstream Coalition and the League of Women voters to advance her views and elect those on the left? Where does McMillen admit she actively works to stifle the views, and prevent those on the right from being elected?
Where does McMillen admit she herself is a member of the Johnson County Judicial Nominating Commission that picks the judicial applicants for final selection by Gov. Sebelius? Where is McMillen’s call for more transparency in the selection of these Judicial Nominating Commission members (or a call for more transparency in those involved in the League of Women Voters candidate forums)?
The current selection process for judges is largely political and we pretend it is not. Those opposing the election of judges have not proposed any reforms in the selection of judges.
One reform would be quite easy: part of the nomination of any judicial applicant, or judicial nomination commission appointee, should include full public disclosure of all their previous political contributions. Let the public know and decide. Or, it’s better that the public be left in the dark about political contributions around judicial selections?
Why is more transparency not good in the selection of our judges, or in selecting those who select judges?
The supplement below gives many details of the political money of the “No” and “Yes” groups. Note all the political money associated with many of the JoCo District Judges now.
Johnson Countians for Justice
Dennis Wolf, Treasurer, Overland Park
Opposition to Question 1 on November 4, 2008 ballot
Summary:
| Receipts |
$245,826
|
| Expenditures |
$245,550
|
| Balance |
$276
|
The initial 2008 balance was $21,820.
Large contributors ($174,677 of $224,006), included:
$32,577 (includes in-kind) from 10th Judicial District Judges at Johnson County Courthouse, 100 N. Kansas, Olathe.
- $1500 John Anderson III, Retired 10 District Court Judge (2008), Republican appointed by Hayden in 1987. No known political contributions.
- $1000 John P. Bennett, 10th Judicial District Court Judge, Republican appointed by Graves in 1995. No known political contributions.
- $1000 Thomas H. Bornholdt, 10th Judicial District Court Judge, Republican appointed by Finney in 1993. No known political contributions.
- $1500 Brenda J. Cameron, 10th Judicial District Court Judge, Republican appointed by Graves in 2002. + $300 for “in-kind, walkers”. No known political contributions.
- $605 James F. Davis, 10th Judicial District Court Judge, Republican appointed by Hayden in 1991. No known political contributions.
- $2445 J. Charles Droege, 10th Judicial District Court Judge, Democrat appointed by Sebelius in 2007. Wife is Republican for Moore. See Governor Sebelius Rewards $13,700 Democratic Donor with Johnson County District Judgeship, Kansas Meadowlark, Aug. 7, 2007.
- $1500 Gerald T. Elliott, 10th Judicial District Court Judge, Republican appointed by Hayden in 1990. No known political contributions.
- $1105 Michael H. Farley, 10th Judicial District Magistrate Judge, Republican appointed by 10th Judicial Nominating Commission in 1999. No known political contributions.
- $1000 Thomas Foster, 10th Judicial District Court Judge, Republican appointed by Graves in 1999. Contributor to Dennis Moore [D] $1250, ‘97-’99), Jill Docking [D] ($250, ‘96), Hancock [D] ($250, ‘96), Rathbun [D] ($450, ‘96).
- $1605 David W. Hauber, 10th Judicial District Court Judge, Democrat appointed by Sebelius June 2008. Contributor to Sebelius ($500, ‘02-’05), Moore ($750, ‘02-0′03), Slattery ($500, ‘93′), Hancock ($1250, ‘93-’96). Wife, Kate, is a partner at Stinson Morrison Hecker, a law firm giving $12,500 (see below). Wife was contributor to Moore ($200, ‘08; $200, ‘00; $250, ‘98), Morrison ($250, ‘06). See Gov. Sebelius appoints new District Court judge — one of her political contributors.
- $1000 W. O. Isenhour, Retired 10th District Court Judge (2008), Democrat appointed by Finney in 1994. No known political contributions.
- $1105 Kevin P. Moriarty, 10th Judicial District Court Judge, Democrat appointed by Sebelius in 2004. Member of 10th District Judicial Nominating Commission. Worked as Assistant DA under Dennis Moore. Contributed to Sebelius[D] ($6000, ‘94-’02), Slattery[D] ($1250, ‘94), Kansas Democratic State Committee ($2000, ‘03), Moore[D] ($6000, ‘97-’99, ‘02-’03), Nolla[D] ($500, ‘02), Rathbun [D]($1000, ‘96), Hancock [D]($500, ‘94), Thompson[D]($1000, ‘96).
- $1000 James E. Phelan, 10th Judicial District Magistrate Judge, Democrat appointed by 10th Judicial Nominating Commission in 2002. No known political contributions.
- $1710 Peter V. Ruddick, 10th Judicial District Court Judge; Democrat appointed by Finney in 1992. No known political contributions.
- $1105 Janice D. Russell, Retired 10th District Court Judge, Republican appointed by Carlin in 1985. Justice, Not Politics Steering Committee. No known political contributions.
- $1000 Thomas K. Ryan, 10th Judicial District Court Judge, Democrat appointed by Sebelius in Sept 2008. Wife is Republican for Moore. Former law partner Gates, Biles, Shields & Ryan, P.A. with Democratic Party Chair Larry Gates, and now Supreme Court justice Dan Biles. Both Ryan and Biles were recently appointed by Sebelius. Contributed to Sebelius [D] ($750, ‘02), Morrison [D] ($850, ‘06). With wife Nancy contributed to Graves [R] ($200, ‘98), Thornburgh [R] ($850, ‘98-’06)
- $1250 Lawrence E. Sheppard, 10th Judicial District Court Judge, Republican appointed by Hayden in 1987. No known political contributions.
- $1000 Allen R Slater, 10th Judicial District Court Judge, Republican appointed by Graves in 1997. Contributed to Snowbarger [R] ($200, ‘96). Wife, Kathryn, gave to Snowbarger [R] ($200, ‘98).
- $100 Kathleen L. Sloan, 10th Judicial District Court Judge, Republican appointed by Sebelius in 2004. Contributed to Roberts [R] ($250, ‘95), Frahm [R] ($200, ‘96). Possibly another contribution from ‘95 that cannot be verified at this time.
- $1605 Thomas M. Sutherland, 10th Judicial District Court Judge, Republican appointed by Sebelius in 2003. Member of JoCo Bar Board of Directors. No known political contributions.
- $1500 Stephen R. Tatum, Chief Judge, 10th District Court Judge, Democrat appointed by Finney in 1993. No known political contributions.
- $1000 Linda S. Trigg, 10th Judicial District Magistrate Judge, Democrat appointed by 10th Judicial Nominating Commission in 1999. Contributed to Slattery [D] ($100, ‘94), Wagnon [D] ($200, ‘94), and Barkis [D] ($100, ‘94).
- $1500 James F. Vano, 10th Judicial District Court Judge, Republican appointed Graves in 2002. Contributed to Graves [R] ($100, ‘97-’98).
- $1000 Daniel W. Vokins, 10th Judicial District Magistrate Judge, Democrat appointed by 10th Judicial Nominating Commission in 2005. No known political contributions.
- $2710 Sara Welch, 10th Judicial District Court Judge, Republican appointed by Sebelius in 2007. + $300 for “in-kind, walkers” + $132 for “in-kind, photocopying.” Contibuted to Morrison [D] ($400, ‘06). [Note: There are two Sara E Welch's in JoCo so contributions were carefully verified.]
Law Firms and Others Big Donors
$87,300 from Missouri and other out-of-state law firms
- $12,500 Stinson Morrison Hecker LLP, Kansas City, MO. Bob Vancrum on Justice, Not Politics Steering Committee.
- $10,000 Shughart Thomson & Kilroy, PC, Kansas City, MO
- $10,000 Spencer Fane Britt & Brown LLP, Kansas City, MO. Nick Badgerow on Justice, Not Politics Steering Committee.
- $7500 Shook Hardy & Bacon, Kansas City, MO. Gene Balloun on Justice, Not Politics Steering Committee.
- $5000 Bryan Cave LLP, St. Louis, MO
- $5000 Edelman and Thompson, LLC, Kansas City, MO
- $5000 Lathrop & Gage LC, Kansas City, MO. Scott Beeler, John Vratil on Justice, Not Politics Steering Committee.
- $5000 Polsinelli, Kansas City, MO
- $5000 Rouse-Hendricks German May PC, Kansas City, MO
- $4500 White Goss Bowers March Schulte & Weisenfels, Kansas City, MO
- $2800 Walters, Bender Strohbehn & Vaughan, Kansas City, MO. Brett Milbourn on Justice, Not Politics Steering Committee.
- $2500 Armstrong Teasdale LLP, St. Louis, MO
- $2500 Shamberg, Johnson & Bergman Chtd, Kansas City, MO
- $1500 Lewis Rice & Fingersh, LC, Kansas City, MO
- $1000 Commerce Bank, Kansas City, MO
- $1000 Foland Wickens Eisefelder Roper & Hofer PC, Kansas City, MO
- $1000 Justice Institute of Missouri PAC, Kansas City, MO
- $1000 Kutak Rock LLP, Omaha, NE
- $1000 Peter E Powell, Kansas City, MO
- $1000 Shaffer Lombardo Shurin, Kansas City, MO
- $500 Bortnick, McKeon Sakoulas Schnanker PC, Kansas City, MO
- $500 D. R. Sloan, Kansas City, MO
- $500 David C Byerley, Kansas City, MO
- $500 Speer Law Firm, Kansas City, MO
- $500 Regan Law Firm, LLC, Kansas City, MO
$54,800 from Kansas Contributors
- $10,500 IBT, Inc ($10,000), Merriam + Steve Cloud ($500), Lenexa
- $3000 Wallace, Saunders, Austin, Brown & Enochs, Overland Park
- $2500 Erker Norton & Hare, Olathe
- $2500 Gerald A. King, Overland Park
- $2500 South & Associates, PC, Overland Park
- $2000 Barbara P Powell, Overland Park [contributon was from the same address as former State Senator Barbara P Allen]
- $2000 Gates Biles Shields & Ryan, PA, Overland Park. Law office of Kansas Democratic Party Chair, Larry Gates. Former law office of recent Sebelius court appointees, including Thomas Kelly Ryan, who was appointed to the be 10th District Court judge, and Dan Biles, who was appointed to the Kansas Supreme Court.
- $2000 Garretson Webb & Toth, Olathe
- $2000 Law Offices of N Trey Pettlon III, Olathe
- $2000 Logan & Logan LC, Praire Village
- $2000 Kansans for Lifesaving Cures, Topeka
- $2000 Nicholas K. Powell, Mission Hills
- $1400 Ferree, Bunn, O’Grady & Rundgerg, Chtd., Overland Park
- $1200 Short Borth & Thilges, Overland Park
- $1200 Gyllenborg & Dunn, PA, Olathe. Scott Gyllenborg is member of 10th District Judicial Nominating Commission and was president of the JoCo Bar in 2006.
- $1000 Caldwell & Moll, LC, Overland Park
- $1000 Colantuono & Asslociates LLC, Leawood
- $1000 Holbrook & Osborn, PA, Overland Park
- $1000 James D Griffin, Lenexa
- $1000 Martin Pringle Oliver Wallace & Bauer LLP, Wichita
- $1000 Payne & Jones Chtd, Overland Park
- $1000 Vasos Law Office, Fairway
- $1000 Vold & Morris, LLC, Leawood
- $750 Manning & Smith, Olathe
- $500 Brian C Paden, Olathe
- $500 Bratimus Frickleton Robertson Gorny, Leawood
- $500 Carl E Cornewell, Olathe
- $500 Charles J Andres, Olathe
- $500 Charles W German, Leawood
- $500 Dionne M Scherff, Prairie Village
- $500 Evans & Mullinix, PA, Shawnee
- $500 Holly L Buser, Overland Park
- $500 John P Gerstle, Olathe
- $500 Jon L Stewart, Overland Park
- $500 Marie S Woodbury, Mission Hills
- $500 Martha S Warren, Leawood
- $500 Robin D Fowler, Shawnee
- $500 Rokusek Law Office, Olathe
- $500 T. Bradley Manson, PA, Overland Park
- $500 Wendell F Cowan, Overland Park
Major Expenditures ($240,910 of $245,55)
- $93,510 Recordnews (push cards, printing, mailing, yard signs, post cards)
- $65,800 Misson Control, Inc: post cards
- $32,500 Mundy Katowitz Media, Inc.: radio ads
- $19,435 Cooper & Secrest Assoc.: polling (often used by Kansas Democrats)
- $13,729 LSG Strategies: recorded calls
- $4000 Lamar Adv: billboard
- $3569 Kaye Cleaver: consulting
- $3055 Melodee Blobaum: consulting
- $2900 Mike Sherry: consulting
- $1259 Precision Printing: brochures, flyers & mail
- $1152 Sun Publications: newspaper ads
This sign cost $4000 and diverted attention to an extraneous issue instead of addressing the politics involved in the current selection process.
Keep Phill Kline Off Our Court (a $4000 sign)
Citizens for Fair and Impartial Judges
James Atchison, Treasurer, Olathe
Proponents for Question 1 on November 4, 2008 ballot
Web site for Kansas Judicial Review of Johnson County
The “Yes” committee started as a Political Action Committee (PAC) and origianll filed reports with the Kansas Governmental Ethics Commission. But in July 2008 the PAC was dissolved and the group became a local political committee within Johnson County. Advocacy for a local county election question does not require a PAC registration under Kansas law.
Summary:
| Receipts (includes in-kind) |
$70,849
|
| Expenditures (includes in-kind) |
$70,196
|
| Balance |
$652
|
Note: the above summary differs from that provided to the JoCo Election Office. The original report footnoted in-kind contributions but the “Receipts” section said it should contain “names and address of contributor or in-kind service.” The in-kind values given in the original report were added to both to the Receipts and Expenditures amounts giving the figures agove.
Contributors of $500 or more ($65,496 of $70,849):
- $12,553 Doug Johnson, Lenexa, self-employed (o-rings) ,
Net in-kind radios ads
[see partial reimbursement below] - $12,000 Bob Hodgdon, Shawnee, Businessman (powder)
- $8500 Larry Wolf, Lenexa, University Teacher
- $7500 Randa Gabrel, Booker, TX, Businessman (oil)
- $5000 John Watikins, Lawrence, Management Consultant
- $5000 Nancy Hanahan, Overland Park, Retired
- $2500 Thomas Hayes, KCMO, Businessman (construction)
- $2000 Ruth Peterson, Mission Hills, retired
- $1555 Aggregate of 48 contributions of $50 or less
- $1388 KS Judicial Review of Johnson County PAC (Tim Golba), Olathe
- $1000 Heart PAC (Todd Tiahrt), Wichita
- $1000 Richard Peckham, Andover, Attorney
- $1000 Roland Phelps, Shawnee, Retired
- $1000 Carolyn Evans, Wichita, Husband-Doctor
- $1000 Noelle Moll, Overland Park, Husband-Attorney
- $500 Doug Johnson, Lenexa, self-employed (o-rings)
- $500 Timothy Brownlee, Shawnee, Attorney
- $500 Timothy Golba, Olathe, Warehouse worker/real estate agent
- $500 Dennis Montgomery, Lenexa, Businessman-Door Company
- $500 J.W. Supica, Sr., Olathe, Retired
Major expenditures ($68,558 of $70,196)
- $25,400 Sandweiss Koster: radio spots
- $19,505 Doug Johnson, Lenexa: reimbursement for radio ads
- $12,553 Doug Johnson, Lenexa: unreimbursed in-kind radios
- $9100 KS Judicial Review of Johnson County (Tim Golba), Olathe: yard signs
- $2000 Kansas City Regional KFL PAC (Tim Golba), Olathe: postage
[This is a different PAC than the Kansans for Life PAC]
Balance: $652
Information Sources:
- Committee Report, “Johnson Countians for Justice,” Treasurer Dennis Wolf, Jan 5, 2009. [Only available at JoCo Election Office Reading Room.]
- Committee Report, “Citizens for Fair & Impartial Judges,” Treasurer James Atchison, Dec 30, 2008. [Only available at JoCo Election Office Reading Room]
- Kansas political money: Kansas Governemenal Ethics Commission Campaign Finance Data web site.
- Federal political money: Open Secrets Web Site.
Notes:
- In general, only contributions or expenditures of $500 or more were scrutinized in forming the above summary information. Because the reports are not available in an electronic form, some clerical mistakes could have been made in aggregating multiple contributions that total $500 or more.
Related:
- Stephen J. Ware: Open Up Process of Picking Justices, Wichita Eagle, Jan 23, 2009.
- Gov. Sebelius’ District Judge Choices: Democrat, Democrat, Democrat, Kansas Meadowlark, Jan 9, 2009.
- Gov. Sebelius picks Obama Donor for new Kansas Supreme Court Judge, Kansas Meadowlark, Jan 8, 2009.
- Will George Brett vote “No” on Question 1 in JoCo?, Kansas Meadowlark, Oct 31, 2008.
- Smiths Support Election of Judges in JoCo, Kansas Meadowlark, Oct 28, 2008.
- Crony appointment to judicial nominating committee better than trusting voters in JoCo?, Kansas Meadowlark, Oct 14, 2008.
- Did $13,000 given to Gov. Sebelius play part in Supreme Court Nominating Commission appointment?, Kansas Meadowlark, June 28, 2008.
- Gov. Sebelius appoints new District Court judge — one of her political contributors, Kansas Meadowlark, June 5, 2008.
- Political Profile of Tenth Judicial District Nominating Committee, Kansas Meadowlark, June 4, 2008.
- District Court Nominating Commission Works as Designed: 3 of 3 nominees are Democrats in a county with 21% Democrats, Kansas Meadowlark,May 12, 2008.
Tags: District Courts, Kansas Courts, Local Committee Report, Tenth Judicial District Nominating Commission
