3 candidates vie for judicial opening

One is a quiet but well-respected criminal defender. One already is a local judge, but in a limited role. One is a successful trial attorney who grew up in Lawrence but works in Kansas City.

By Jan. 5, one of these three — James T. George, Peggy C. Kittel or Stephen N. Six — will be named by Gov. Kathleen Sebelius as Douglas County’s next District Court judge. They’ve already cleared one hurdle by being picked by a local nominating committee as the most qualified of eight candidates who applied for the seat.

In coming weeks, they’ll undergo background checks by the Kansas Bureau of Investigation and interviews with Sebelius. Their supporters probably will be flooding the governor’s office with letters of recommendation.

Of the three, Six has the strongest political connections. In recent years, he and the partners in his law firm — one of whom is a friend of the governor’s — have given thousands of dollars to Sebelius’ campaigns.

But a Sebelius spokeswoman said the governor’s pick would come down to one thing: qualifications.

“It’s based on the person’s experience and what they’ve done,” said spokeswoman Nicole Corcoran. “It’s not really going to matter who you know. The governor wants someone to serve on the bench who’s fair and who will make the right decisions for the people they serve.”

Low-key defender

Sebelius spokeswoman Corcoran said it was typical that “anyone and everyone” would write letters to the governor on behalf of a judicial applicant.

But in the early stages of the application process, George wasn’t exactly killing any trees. During his interview with the nominating committee early this month, one member asked George why, given local attorneys’ high regard for him, he didn’t ask any of his references to send a letter to the committee.

James T. George

Home: LawrenceAge: 47Job: Private-practice attorney specializing in criminal law. Also works as the hearing officer for Douglas County’s small-claims court.Education: J.D. University of Missouri-Kansas City, 1988. B.A., UMKC, 1983.Other experience: In-house counsel for Liberty Mutual in KC, Mo. from 1988 to 1992. Worked as an inspector for the U.S. Department of Agriculture.Family: Married; one stepchild

Peggy C. Kittel

Home: LawrenceAge: 46Job: District Court Judge Pro TemEducation: J.D. University of Kansas, 1982; Bachelor’s degree, KU, 1980.Other experience: former prosecutor and private-practice attorney.Family: Married, one child

Stephen N. Six

Home: LawrenceAge: 39Job: Partner in the law firm Shamberg, Johnson & Bergman in Kansas City, Mo.Education: J.D., University of Kansas, 1993. B.A., Carleton College, 1988.Other experience: Law clerk for Deanell R. Tacha, 10th Circuit, U.S. Court of Appeals.Family: Married, three children

“I thought if it was unsolicited, it would be better,” he said.

That low-key approach is typical of George, who speaks softly both in and out of the courtroom.

As a member of the local appointment panel for indigent clients, he has represented several prominent defendants lately, including trucker Yan R. McHenry, who was convicted of a lesser charge but found not guilty of manslaughter in the traffic death of a Baker University student.

George convinced jurors McHenry wasn’t “reckless” under the legal definition and that there was no way to prove he actually was under the influence of cocaine at the time of the wreck. McHenry’s fiancee, Carol Casey, said afterward the verdict “proves that court-appointed attorneys do their job.”

George also serves as the judge during a weekly small-claims court docket, settling disputes ranging from dog bites to unpaid bills. He said during his interview he’s a good judge candidate in part because he never takes personally things that happen in court.

“I think I’m fairly even-tempered,” he said. “I think personality-wise, it would fit me.”

Already on bench

Since 2001, Kittel, a former prosecutor and private-practice attorney, has held the title of District Court Judge Pro Tem. Two years ago, the county agreed to pay for the job temporarily to help meet a growing case load.

Kittel handles an estimated 2,800 cases per year, including prosecutions of juvenile offenders, traffic cases and some domestic matters, but no jury trials or major civil trials.

“She saves our life,” Administrative Judge Robert Fairchild said recently.

But Kittel’s position will disappear when the Legislature begins funding the new judge’s seat, leading some to question whether the new seat will do anything to reduce workloads.

“In this position, the most difficult thing has been the high number of cases,” Kittel said. “When I’m in court all the time, it’s hard to get to other things.”

Though it accounts for a small part of her workload, Kittel’s most high-profile assignment is to handle a daily batch of unpredictable criminal first appearances broadcast by video from the Douglas County Jail.

Earlier this month, a defendant cursed at her and called her a profane name. Other times, defendants will confess to the crime or insist they’re being framed.

Whenever that happens, Kittel responds she doesn’t want to know the facts of the case. She just needs to know if they understand the charges against them, whether they need an attorney, or have any remarks before she sets their bond.

Kittel said during her judicial interview that at times she could seem soft-spoken, but she knows it’s important to always have command of her courtroom.

“I think what I bring to this position is a rounded experience,” she said. “I have a knowledge of the community and I think I have the demeanor appropriate for the bench.”

Civil litigator

Unlike his two competitors, Six doesn’t spend his working days at the Douglas County Judicial & Law Enforcement Center. He’s spent his legal career at Shamberg, Johnson & Bergman in Kansas City, Mo., a firm known for tackling personal-injury and product-liability cases.

But Six grew up in Lawrence and has lived here most of his life. He clerked for Lawrence resident U.S. Court of Appeals judge Deanell Reece Tacha, and he’s the son of former Kansas Supreme Court Justice Fred Six.

His successes as an attorney include winning a $5 million plaintiff’s verdict in a Missouri trucking accident and an $8.3 million verdict in a Firestone tires tread separation case in Johnson County. He also handles some criminal cases and is on the board of governors for the Kansas Bar Assn.

“There are some lawyers, you call them up and point out some weakness in their case, and their response is to sort of bow their back and get obnoxious or loud,” said local attorney Todd Thompson, who wrote a letter of recommendation for Six. “Stephen listens and concedes points that need to be conceded and asserts the strong points of his case. He has an open mind about his clients’ cases and looks at both sides very thoroughly.”

Though Six is the only one of the three for whom the job would be a pay cut, he said he considered his present job to be about public service. Being a judge would allow him to perform a different kind of public service, he said.

Six and his four fellow law partners have given a combined $9,500 in individual contributions to Sebelius’ campaign in recent years, and the firm has chipped in $4,000 in business contributions. One of the firm’s partners, Lynn Johnson, is a “close personal friend” of the governor, spokeswoman Corcoran said.

Six said he gave money to Sebelius simply because he felt she was the best-qualified candidate. He said Sebelius had a track record of appointing the people she thinks are most qualified.

“I wouldn’t have applied if I didn’t think I had the background and experience and training to do it,” he said.