Court Of Appeals Judge Faces DUI Charge

Court Allows Judge To Continue Ruling In Cases Despite Offense

A justice with the State Court of Appeals has been arrested and charged with driving while under the influence of alcohol. His lapse in judgment will not, however, preclude him from presiding over other cases, even those DUI charges, according to officials of the court.

The judge, who was arrested shortly before midnight on Monday, will be allowed to continue his job without interference, after a review by his superior, the Court of Appeals disciplinary counsel. His actions are in violation of the Code of Judicial Conduct in the State's Supreme Court, which admonishes judges to, "respect and comply with the law." Judges "shall act at all times in a manner that promotes public confidence in the integrity and impartiality of the judiciary," the Code further states.

The code defines "acts of impropriety" on the part of a judge as being anything that influences even the public perception of fairness. Impropriety arises if the "judge's ability to carry out judicial responsibilities with integrity, impartiality, and competence is impaired."

First Time Offense For DUI By Court Official

Despite this harsh wording in the Code of Conduct, an official statement released by the defendant's superiors says that there is no rule that would prohibit him from continuing to preside over cases, despite what some argue is a clear cut case of impropriety. His recusal would have to come by ruling of the Court of Criminal Appeals Presiding Judge, who has yet to offer any opinion on the matter.

According to court records, the Judge was arrested at approximately 11:40 p.m. when a police officer noticed his trunk was open with an item of luggage dangling out. During the traffic stop, the sergeant noticed that the driver's breath smelled strongly of alcohol, and that his speech seemed to be slurred. After sobering up in a nearby jail cell, the Judge was released at 5:47 a.m. He refused to submit to blood alcohol testing.

Seek Help From A DUI Defense Attorney In Kansas

If you have been arrested on charges of DUI, no matter who you are, the penalties you face can be serious. If you wish to avoid the fines, license suspension, and jail time that can come with a DUI conviction, it is of utmost importance that you retain the services of a skilled Kansas DUI defense lawyer right away. With the trial experience of Martin & Wallentine on your side, you can contest your charges and prove your innocence. We urge you to contact a Kansas DUI defense attorney with our law office right away!