Kansas asks judge who approved Marion newspaper raid to respond to misconduct complaint
A Kansas commission tasked with investigating judicial misconduct wants the judge who signed off on an extraordinary search of a newspaper to explain herself.
Magistrate Judge Laura Viar authorized a search of the Marion County Record in August. The search, led by Marion Police Chief Gideon Cody, has sparked international condemnation as an attack on press freedom. One of the paper’s reporters has filed a federal lawsuit against Cody.
The search warrant approved by Viar allowed officers to seize computers and other electronics from the newspaper as part of an investigation into the alleged identity theft of a local restaurant owner. Viar also approved warrants to search the home of publisher Eric Meyer, whose 98-year-old mother, Joan Meyer, was home at the time of the raid and died the next day; and the home of Marion councilwoman Ruth Herbel.
The local prosecutor, Marion County Attorney Joel Ensey, revoked the warrants less than a week later after finding insufficient evidence linking the seized devices to the alleged crimes.
Viar now faces official scrutiny over her actions.
Keri Strahler, a Topeka resident, filed a complaint against the judge following the search with the Kansas Commission on Judicial Conduct, a panel overseen by the state Supreme Court that investigates allegations of wrongdoing by judges. A letter from the commission to Strahler, dated Tuesday, says the commission considered the complaint last Friday.
The commission decided “to request a response from the judge” — a move that will require the commission to provide a copy of the complaint to Viar — and placed the matter on the agenda for its Nov. 3 meeting, according to the letter. The Kansas Reflector first reported on the commission’s decision.
“I’m happy they’re looking into it,” Strahler told The Star in a brief interview.
Viar was appointed on Jan. 1 to fill a vacant 8th Judicial District magistrate seat and has not commented publicly since the search. She was previously the Morris County prosecutor.
An investigation by The Wichita Eagle found that Viar had a hidden history of driving under the influence, with two arrests for DUI in two different Kansas counties in 2012. Only one of the arrests had been previously reported.
Viar’s DUI history has drawn attention because the raid of the Record came after the paper had looked into the DUI history of Kari Newell, a Marion restaurant owner who is seeking a liquor license for her establishment.
Viar’s approval of the search has already led to calls from Democratic lawmakers to take away the ability of magistrate judges to sign off on search warrants. Kansas House Minority Leader Vic Miller, a Topeka Democrat, and Rep. Jason Probst, a Hutchinson Democrat and former journalist, have said they plan to introduce legislation to require district judges to approve search warrants.
The commission considering the complaint against Viar maintains two panels – Panel A and Panel B. The letter to Strahler says two Panel B members – Allen Glendenning, a Great Bend attorney, and Iola resident Susan Lynn – recused themselves, indicating Panel B has been assigned the complaint.
The panel includes Kansas Court of Appeals Judge Thomas Malone and 26th Judicial District Chief Judge Bradley Ambrosier, among others.
In addition to asking for a response from Viar, the commission is allowed to obtain additional documents or information from other sources, but may not hold a public hearing. Panel B, an inquiry panel, is conducting the investigation. If the panel finds misconduct, it can offer an informal reprimand or initiate a formal complaint process that could lead to public hearings.
