4 judges, 4 former employees named as witnesses in professional misconduct case against Douglas County DA
photo by: Chris Conde/Journal-World
A special prosecutor who has filed a formal complaint against the Douglas County district attorney for allegedly violating multiple rules of professional conduct has filed a witness list in the case that includes four sitting judges and four former employees in the DA’s office.
The witness list also names the DA herself, Suzanne Valdez, and her deputy DA, Joshua Seiden, as people who may be called upon to testify in front of the Kansas Board for Discipline of Attorneys.
The complaint against Valdez, filed by special prosecutor Kimberly Bonifas of Wichita, largely centers on how Valdez behaved toward local judges. Bonifas’ complaint states that Valdez called Douglas County Chief Judge James McCabria a liar and a sexist, implied that he was racist (because she is Hispanic), sent him inappropriate texts — “You should be ashamed of yourself” was one text to the judge — and yelled and cursed about him to the extent that multiple attorneys in her office resigned under the stress.
Valdez continued the inappropriate behavior, including instances of refusing to cooperate with district judges, even after an investigation had begun into her conduct, Bonifas’ complaint states.
The complaint specifically accuses Valdez of making false statements about the qualifications or integrity of a judge, engaging in undignified or discourteous conduct degrading to a tribunal; engaging in conduct that is prejudicial to the administration of justice; and engaging in conduct that adversely reflects on her fitness to practice law – all of which are specifically prohibited by the state code of conduct governing attorney behavior.
The Douglas County judges who are named on the witness list include McCabria, Amy Hanley, Blake Glover and Mark Simpson. The attorneys formerly employed by Valdez’s office include Eve Kemple, Alice Walker, Dave Melton and Emily Hartz.
Exhibit No. 1 that the special prosecutor intends to offer is a complaint filed by McCabria in March 2021, just days after Valdez sent out press releases criticizing the court’s plan to resume jury trials in the wake of the coronavirus pandemic. In those releases she accused McCabria of lying and behaving in a sexist manner.
A pre-hearing conference on the Valdez complaint is scheduled for Sept. 19, and the formal hearing dates are Oct. 12-13. The conference and hearing will be open to the public.
As the Journal-World reported, Valdez tried to have the complaint dismissed, claiming the investigation was unfair and should be restarted from scratch, but the disciplinary panel rejected her motion last week.
Valdez, who is represented by Stephen B. Angermayer, must file her own witness and exhibit list no later than 14 days after she files her answer to Bonifas’ formal complaint. Her answer has not yet been filed.
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