Judge Laura Viar Wikipedia, political party
Judge Laura Viar Wikipedia, political party – In response to a Marion County Record investigation into the drunken driving history of a local restaurateur, a Kansas police judge who himself had a concealed drunken driving history ordered a police search of the newsroom.
Judge Laura Viar Wikipedia, political party
A judge with a history of DUI charges authorized a Kansas newspaper raid.
According to a Wichita Eagle investigation, Judge Laura Viar, who was appointed Jan. 1 to fill a vacant 8th Judicial District judge seat, was pulled over at least twice in 2012 for DUI in two different Kansas counties. She was the chief prosecutor of Morris County at the time.
Because the warrant she issued for the disputed search was in reaction to a Marion County Record that investigated restaurant owner Kari Newell’s DUI history, Viaro’s history could come under investigation. After Newell protested a newspaper investigation into her criminal past, Viar ordered the raid.
Joel Ensey, the Marion County state’s attorney, said Wednesday that there was “insufficient evidence” to support the issuance of the warrants and show that the items seized were connected to the alleged crime.
If Viaro’s arrest and detention had been known to the judicial nominating committee that selected her for the post of judge, it is unclear what they would have done. Eagle and Kansas City Star reporters were unable to reach any member of the commission. Both of her arrests would have to be disclosed on her application.
The first arrest, which occurred on Jan. 25, 2012, in Coffey County, about an hour and a half southeast of her Council Grove home, was not released.
The second occurred in Morris County on August 6, 2012, during a successful re-election campaign for the office of Morris County State’s Attorney. According to court records, she was not authorized to drive because her driver’s license was suspended in the Coffey County case. Driving then-8th Circuit Judge Thomas Ball’s car, she reportedly ran off the road and into a school building near the Council Grove football field.
Her diversion deal in Coffey County would undoubtedly be terminated by an arrest in Morris County. However, Coffey County attorneys were not aware of the Morris County case, according to court documents. In Morris County, where she is running for re-election, the prior DUI in Coffey County was not made public.
Because of Ball’s involvement in the case, all judges in the 8th Circuit recused themselves from hearing Viaro’s second DUI case, and the prosecution was assigned to Wabaunsee County District Attorney Norbert Marek Jr., who was later appointed 2nd Circuit Judge by former Gov. Sam Brownback.
What happened after that is not known. The case does not exist in the state court records database, and there are no additional articles in any newspaper archive available to the general public. They contacted the 2nd District with questions, but Marek did not immediately respond.
Viar, who went by the name Laura E. Allen at the time, was charged in Coffey County and entered into a diversion agreement, which was extended by six months because she refused to submit to an alcohol and drug test and stopped corresponding with her attorney .
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She ran as a Republican for Morris County District Attorney and was repeatedly re-elected. The State Attorney’s Disciplinary Committee never punished her. Eric L. Smith, the Coffey County sheriff’s deputy who made the arrest, currently represents the county in the Kansas Legislature. According to court records, he also saw prescription drugs in the vehicle.
Smith admitted in a phone interview with The Eagle on Monday that he remembers the arrest but cannot pinpoint the location.
Without glancing at the study, Smith replied, “I couldn’t tell you the specifics.” “I’m not trying to fire you, but there’s just no way I’d feel comfortable giving you information about a case I barely remember.” “That was me,” he said. “I don’t remember that, to be honest. She was a county prosecutor in another county, which I believe I learned along the way. At one point I was aware of it.
According to court records, the Kansas Department of Revenue’s Division of Administrative Hearings upheld the suspension of her driving privileges. On appeal, the 31st Judicial Circuit dismissed it.
According to court documents, she struggled to comply with the terms of her DUI diversion agreement. She refused to comply with a request to get an alcohol and drug evaluation during the diversion period, and Coffey County threatened to take the matter to court. The court extended her exclusion for six months. It is not known if she ever sought an evaluation.
She also “refused to cooperate or communicate with” John E. Rapp, a Wichita attorney who specializes in drug cases, during the diversion. In early 2013, the court granted Rappa’s request to step down as her attorney, according to court documents. There is no indication in the Coffey County court file that prosecutors knew about the second arrest.
Viaro’s contact information was withheld by the 8th Circuit Court Clerk, who also refused to grant Viaro access for an interview. The clerk referred Eagle’s inquiries to a representative of the Kansas Department of Justice, who claimed to have emailed them to Viar.
Viar remains silent in the face of questions. According to Lisa Taylor, a representative of the Office of Judicial Administration, neither the judge nor the court is allowed to comment on an ongoing case that may be brought before the court. “Regarding your question about the judge explaining why she signed the order, neither the judge nor the court can comment on a pending matter that may come before the court,” Lisa Taylor said in a statement.
Asked whether he had been notified of any arrests or criminal charges against Viaro while he was a prosecutor, the Kansas disciplinary office, which investigates and punishes lawyers, declined to comment.
Matthew J. Vogelsberg, ODA’s chief deputy disciplinary administrator, said: “What I can disclose to you is that Judge Viar has an active law license and has not previously acquired legal discipline.”
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Source: HIS Education