Businessman Buys Ad to Criticize Judge
for Presiding in Moot Court on Transgender Rights
By The Associated Press
New York Lawyer
March 3, 2010
TOPEKA, Kan. — A Lenexa businessman defends a newspaper
advertisement he says he took out to tell the public about
Kansas Supreme Court justice Carol Beier's trip to a California
law school conference.
Doug Johnson has been
seeking to unseat Beier, but said he didn't place the ad Monday
in the Topeka Capital-Journal in order to arouse anti-gay
sentiment or ethical questions about Beier's recent trip.
At the conference,
Beier judged a moot court proceeding over the medical rights of
transgender patients. Her trip was paid for by the conference.
"I'm not saying she was
wrong to go in her official capacity," said Johnson, owner of
O-Ring Sales & Services in Lenexa. "I just think the public has
a right to know that."
But two legislators on
Tuesday said the ad's goal was to criticize Beier for what is a
common public appearance by justices.
Rep. Pat Colloton, R-Leawood,
criticized the ad as an "odd" and ill-advised effort.
"To try to imply
scurrilous conduct by the judge because she worked a moot court
competition seems pretty far over the line," she said.
Colloton, also a
lawyer, said moot court competitions are known to pick unsettled
legal topics on the edge of current law.
Rep. Marti Crow,
D-Leavenworth and a lawyer, blasted the "innuendoes" in
Johnson's ad.
"They're trying to skew
it because of the subject matter to make people think there's
something subversive, and I don't see it that way it all," she
said.
Supreme Court spokesman
Ron Keefover said Beier thought it would be inappropriate to
comment on a paid political ad. He said justices routinely
accept speaking engagements or work as a guest judge at moot
courts.
"It is part of the
administration of justice to educate the public about the rule
of law," Keefover said.
Johnson has criticized
Beier in the past for her opinion in a 2005 lawsuit that ended
with the Legislature appropriating hundreds of millions of new
dollars into public schools. He says that court's unanimous
decision contributed to the state's current economic problems.
He singled out Beier
for her concurring opinion in that case, in which she agreed
with the majority opinion but went further to say education is a
"fundamental right."
Tuesday's ad, however,
didn't mention the lawsuit.
The full-page ad states
in big white letters on a black background, "Justice Beier
travels to California and..." It then says in smaller letters
that Beier was "celebrated" by the gay community for her
participation in the moot court competition.
The anti-abortion group
Kansans for Life also has announced a "Fire Beier" campaign over
her opinions on abortion matters before the court. Johnson said
he is acting independent of that group.
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