Topeka ? The Kansas Supreme Court on Friday ordered a new trial for Joseph Hayden, who was convicted in connection with the brutal slaying of an elderly woman in Franklin County.

The court, in a 5-2 decision, said the trial judge in the case, James Smith, committed judicial misconduct.

“Hayden’s trial was presided over by a district judge who was intrusive, rude and sarcastic,” Justice Carol Beier wrote for the majority.

Beier said Smith’s “behavior thoroughly polluted the trial, affecting the performance of all concerned.”

But Chief Justice Kay McFarland dissented, saying that although she disapproved of Smith’s conduct in the case, it was not proven that his behavior prejudiced Hayden’s rights.

The case stemmed from the Nov. 1, 2000, attack on 85-year-old Vivian Johnson and her 86-year-old husband, Howard. They were assaulted and robbed in their rural Ottawa mobile home by a man with a shovel. Mrs. Johnson died 18 days later.

Two men were arrested, Joseph Hayden, then 17, and Raymond Fuller, then 25, in connection with the crime.

Each accused the other of the slaying.

In separate jury trials in 2001, the two were convicted in the crime.

During Hayden’s trial, Judge Smith made “numerous unnecessary interruptions, as well as impatient and rude remarks,” Beier said. He scolded witnesses, expressed impatience and raised his voice frequently, she said.

The state argued that Smith’s behavior impaired its presentation as well, so there was no bias against Hayden.

But Beier wrote, “A trial infected with intimidation and fear also is unfair to the person whose freedom is at stake.”

The Supreme Court ordered a new trial for Hayden presided over by a different judge.

McFarland, however, said the majority opinion “appears to be aimed at punishing a judge for his inappropriate conduct and admonishing other judges against engaging in like conduct.”

Telephone messages left for Judge Smith and the prosecutor in the case, John Bork, an assistant attorney general, were not returned.

Robert Kuchar, who represented Hayden, said now prosecutors would have to determine whether to retry Hayden, who has been incarcerated in Lansing.

If they do, Kuchar said, “I hope he gets a fair trial.”

Kuchar said he would not be representing Hayden in subsequent legal proceedings because Kuchar now works for the federal public defender’s office in Kansas City, Mo.

Kuchar declined to say anything about Judge Smith.

“You can read the opinion, and that is the Supreme Court talking,” he said.

Franklin County Atty. Heather Jones said the case would be retried.

“It’s an absolutely horrendous homicide case,” Jones said.