Share this post or save for later
Douglas County District Attorney Suzanne Valdez on Tuesday filed her answer to a pending disciplinary complaint and released a statement saying, in part, that her comments about a judge were deserving of heightened protections under the First Amendment.
Much of the complaint focuses on apublic conflictbetween Valdez and Douglas County District Court Chief Judge James McCabria just a couple of months into Valdezs term over how jury trials would be handled, though the investigation continued long after. The complaint alleged that Valdez continued to exhibit discourteous conduct and makes personal attacks toward McCabria even during the disciplinary process.
As of 6:30 p.m. Tuesday, we had not yet received a copy of Valdezs filed response from either the Office of the Disciplinary Administrator or the DAs office. We will update this post or publish a new article once we receive the filed answer. (Update, 5:16 p.m. Wednesday, Sept. 6: Heres the article about the filed answer.)
Valdez was elected in November 2020 and took office Jan. 11, 2021. Amid the COVID-19 pandemic, many long-pending criminal cases needed to go to trial.
Douglas County District Court employees and other county staff members had come up witha planto try cases at the Douglas County Fairgrounds, where jurors would be able to safely distance from each other.McCabria announced March 18, 2021 that jury trials would resume the following month, saying that the court had consulted with all stakeholders about the plan.
Valdez, however, hascontendedthat she was not consulted about the plan, but rather told what was going to happen in meetings that February and March. She stood by that assertion in her Tuesday statement.(Read more of the backstory on the March 2021 dispute in this article and on the complaint inthis Aug. 19 article.)
In her statement Tuesday, Valdez wrote that The district courts own failure to include me in discussions and decisions about how to conduct jury trials amid COVID-19 formed the basis for the complaint McCabria initiated roughly 2 1/2 years ago. She wrote that much was different at the time: much of the public was not yet vaccinated, and the transition from the 16-year administration of previous DA Charles Branson added further stress and confusion to an already unprecedented and tense situation, she wrote.
On March 23, 2021, Valdez reposted a news release that her office had sent out on her personal Facebook page, captioned Women of the world be prepared! If you are hardworking, outspoken, honest, AND in a position of authority, the INSECURE MAN will try to tear you down. Not me, says I!
While the Facebook post obviously offended Judge McCabria, it also empowered many women who themselves feel that as females in high level professional or political positions are not invited to the table to be part of discussion and decision-making meetings and whose voices and opinions are not heard, nor considered, Valdez wrote in her statement Tuesday.
Thus, the speech at issue in this Formal Complaint was extra-judicial and in my role as District Attorney. It is political speech deserving of heightened protections under the First Amendment, and it occurred during the discreet time period of March 18-23, 2021, she wrote.
Valdez said other allegations in the complaint reflect mere dissatisfaction with my unconventional, but much desired, approach to the role of prosecution.
Disagreement with my outspoken nature, the independence of my office, and the importance of checks and balances within the criminal justice system say less about my ethical barometer and more about the district courts reluctance to change and transparency, Valdez wrote in her statement. It appears that any challenge or questioning of the district court is an insult, even in a time of calls for heightened transparency and accountability in our public institutions.
The complaint alleges that Valdez had also sent McCabria a text back in March 2021, You should be ashamed of yourself. We were TOLD, not consulted. The only reason you commented is because I am a Hispanic female (in) a position of power. I will shine the light of truth on everything.
Throughout these proceedings, I have been accused of pulling the race card and pulling the woman card, Valdez wrote. These accusations are either nave oversimplifications or something far more sinister.
She wrote that she identifies as a Hispanic woman and takes a great deal of pride in her heritage. Growing up, and even into her adult years, she did not see people who looked like her in positions of power, she wrote.
I attain a position of power, only to be denied a seat at the table and downright silenced. This is the lens through which I view the world, and I make this clear to others when I am speaking, Valdez wrote. Our lived experience shapes our perspective, and I am simply letting people know where I am coming from. To the extent that anyone feels offended by my perspective or my tone, then this only underscores the need for open lines of communication and honest discourse without fear of repercussions.
The formal complaint also alleges that Valdezs behind-the-scenes response to the conflict essentially created a toxic work environment for employees and says many employees left the office in part or in whole, because of the Respondents unprofessional conduct, among other allegations.
Valdez wrote that she disagrees with that. The former employees were not amenable to the type of change the community commanded when I was elected, she wrote.
In the weeks that followed my swearing in, it became clear that these employees did not actually want to work for me. Rather, they wished to continue on as they had for so many years no longer an option after the community showed up on election day and mandated change, Valdez wrote. With new administrations come change, as we see across nearly every elected office. I prefer competent, willing employees who share the core values of my administration.
She wrote that she and Deputy DA Joshua Seiden had made multiple requests of the court to sit down and work through disagreements, suggesting a neutral third party, mediator or restorative justice facilitator, but the court has declined each time.
Stephen Angermayer, the Pittsburg, Kansas-based attorney representing Valdez for the disciplinary complaint, has been paid $11,183 through Friday, according to information from Cheryl Cadue, spokesperson for the DAs office.
If the disciplinary hearings proceed as scheduled, a panel will listen to evidence from both sides and issue a report that will include a recommendation regarding discipline.The panel will include Stacy L.Ortega, Gaye Tibbets and Sylvia B. Penner. All are attorneys with Wichita-based firms, according to the complaint.Read about the witnesses and exhibits the special prosecutor intends to use at this link.
The case is set for a prehearing conference at 9:30 a.m. Tuesday, Sept. 19, which will be held virtually by Zoom. The hearing will be open to the public. Requests to attend the Zoom hearing can be emailed to Krystal Vokins, counsel to the Kansas Board for Discipline of Attorneys, at vokinsk@kscourts.org or by calling her at 785-435-8200.
The formal hearing is set to begin at 9:30 a.m. Oct. 12 and 13. It will also be open to the public, but whether it will be held in person or virtually will be decided during the prehearing conference.
Mackenzie Clark (she/her), reporter/founder of The Lawrence Times, can be reached at mclark (at) lawrencekstimes (dot) com. Read more of her work for the Times here. Check out her staff bio here.
Share this post or save for later
The Douglas County DA has filed her answer to a disciplinary complaint, admitting some of the core allegations against her but adding context and placing some blame on ex-employees.
Share this post or save for later
In hopes of avoiding numerous drivers license suspensions, Douglas County judges have dismissed about 940 traffic cases. Circumstances of the batch dismissals are also mentioned in a pending disciplinary case against DA Suzanne Valdez.
Share this post or save for later
A pending complaint against Douglas County DA Suzanne Valdez will proceed to a disciplinary hearing in which several judges and former prosecutors may be called to testify.
MORE
Share this post or save for later
A Lawrence author aims to spark conversations about drugs and addiction with a new book for tweens and their adult caregivers.
Share this post or save for later
At an early age, Alexis Nikole Nelson formed a habit of eating items straight from the dirt outdoors. It wasnt as concerning as it seems.
Share this post or save for later
The Douglas County DA has filed her answer to a disciplinary complaint, admitting some of the core allegations against her but adding context and placing some blame on ex-employees.
Share this post or save for later
The Lawrence Community Shelter is moving into a shared governance model with the City of Lawrence and Douglas County, according to a Wednesday announcement.
Share this post or save for later
The Lawrence Arts Center will debut three new art galleries this Friday with themes covering race, culture, heritage and Hank Williams.
MORE
View original post here:
Douglas County DA responds to disciplinary complaint, says her political speech should have First Amendment ... - The Lawrence Times
- College sued for stopping students from handing out Constitution [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Federal Judge Strikes Down New Yorks Super PAC Limits [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Argument preview: First Amendment protections for public employees subpoenaed testimony [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- U.S. Constitution - Amendment 1 - The U.S. Constitution ... [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- 1st Amendment - Laws [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- HOPE 9 - WikiLeaks, Whistleblowers, and the War on the First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- GBS205 Legal Environment -THE FIRST AMENDMENT - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- University Attacks First Amendment Costs $50,000 Plus - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- California Waste Plant Minions Suppress First Amendment Infowars Special Report - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Supreme Court Preview/Review #2 - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Liking on Facebook Protected Under First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 26 - The First Amendment Speech II - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Scalia Ginsburg debate NSA and first amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Political Correctness vs First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- BLM, Fed's Assault More Protesters As 'First Amendment Area' Taken Down - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- Cannibal Cop: First Amendment Violated? - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- ConLaw Class 25 - The First Amendment -- Speech I - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- FIrst Amendment Under Attack - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- The First Amendment - Video [Last Updated On: April 26th, 2014] [Originally Added On: April 26th, 2014]
- China toughens environment law to target polluters [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- [USA] First Amendment abused - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- Cliven Bundy and the First Amendment - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Tees Co. Inc. FAT-Tee Intro Video of who we are, and what we stand for - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- First Amendment Lawsuit After '8theist' Vanity Plate Denied, 'Baptist' Approved - Video [Last Updated On: April 27th, 2014] [Originally Added On: April 27th, 2014]
- How A Public Corruption Scandal Became A Fight Over Free Speech [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- ALEX JONES.11/22/2013..First Amendment Showdown in Dealey Plaza - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PETITION FOR A WRIT OF CERTIORARI; Crystal Cox v. Obsidian Finance Group - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- MSNBC: Marjorie Dannenfelser Discusses SBA List First Amendment Case - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- United Church of Christ sues over North Carolina ban on same-sex marriage [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Federal judge: Delayed access to court records raises First Amendment concerns [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Justices Troubled By Their Earlier Ruling On Public Employee Speech Rights [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Judge Won't Stop Jason Patric from Using Son's Name for Advocacy Purposes [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- PBL in Journalism I, 2014 - Video [Last Updated On: April 28th, 2014] [Originally Added On: April 28th, 2014]
- Opinion: Sterling a victim, too [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Were Sterlings First Amendment Rights Violated? Nope. [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Obama Supporters Petition to Repeal the FIRST AMENDMENT Seriously! Watch!(Mark Dice) - Video [Last Updated On: April 30th, 2014] [Originally Added On: April 30th, 2014]
- Senate Dems vow vote to change Constitution, block campaign funding [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- What happened to Sterling was morally wrong [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Former Supreme Court Justice Wants to Amend the Constitution [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Donald Sterling is my HERO - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Retaining Government Power to Make Economic Policy for Internet Access: Role of the First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- America was just defeated from within TODAY 4/29/2014 - Martial law is next - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- INFOWARS Nightly News: with Lee Ann McAdoo Friday April 11 2014: Alex Jones/Special Report - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Opposition To Proposed Monitoring Of Hate Speech By Federal Agency The Kelly File - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Westfield Mayor to pay $53K in campaign sign violation case - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- Similarities Between The Two Clauses In The First Amendment - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- ConLaw 1 Class 27 - The First Amendment - Free Exercise - Video [Last Updated On: May 1st, 2014] [Originally Added On: May 1st, 2014]
- PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- First Amendment common sense [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Bar Owner Prevails in Buck Foston First Amendment Trial [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- Was Donald Sterling's First Amendment Right to Free Speech Violated? - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- California Mayors Stand Behind Anti First Amendment Freedom of Speech Approval - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- John Dukes on First Amendment - Video [Last Updated On: May 2nd, 2014] [Originally Added On: May 2nd, 2014]
- The First Amendment Doesn't Allow us to Silence Opposition; Get Rid of Limits on Political Speech - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- Save Us Chuck - First Amendment Zones - Video [Last Updated On: May 3rd, 2014] [Originally Added On: May 3rd, 2014]
- HAROLD PEASE: Free speech zones on Bundy Ranch violated First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Why government can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- In our opinion: Can't tackle hate speech without shredding First Amendment [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Sen. Ed Markey proposes eliminating free speech - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Endangered Speeches - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Alabama Chief Justice Stunning Legal Ignorance - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- Church Uses First Amendment Protections To Perform Same Sex Marriages - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- first amendment test filming Tucson FBI Headquarters. - Video [Last Updated On: May 4th, 2014] [Originally Added On: May 4th, 2014]
- "First Amendment ONLY for Christians," Says Alabama Chief Justice Roy Moore - Video [Last Updated On: May 5th, 2014] [Originally Added On: May 5th, 2014]
- First Amendment Monument Music Video by Daniel Brouse - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- first amendment rights - Video [Last Updated On: May 6th, 2014] [Originally Added On: May 6th, 2014]
- News outlets say US drone ban breaches First Amendment [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Screw the First Amendment | We cant let people pray? - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Chief Justice: 1st Amendment Only Protects Christians - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- John Paul Stevens: "Money is not speech" - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- ALEX JONES Show Shocking Video: Cop Protects 1st AMENDMENT During TSA Opt Out Campaign - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Christopher Hitchens vs Tony Blair Debate - Religion A Force For Good In The World - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Feds Plan To Ban Ammunition - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- WHAT FIRST AMENDMENT - Video [Last Updated On: May 7th, 2014] [Originally Added On: May 7th, 2014]
- Letter: First Amendment rights trampled [Last Updated On: May 8th, 2014] [Originally Added On: May 8th, 2014]
- A First Amendment attack on Assembly... in George Washington [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- Inside the Classroom with Professor Leslie Kendrick - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2014 Civics Video Awards First Amendment - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- .First Amendment protects political speech, not profanity - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]
- 2010 First Amendment Award: The Foundation for Individual Rights in Education (FIRE) - Video [Last Updated On: May 9th, 2014] [Originally Added On: May 9th, 2014]