Judicial performance commission recommends retention of Douglas County judges

The Kansas Commission on Judicial Performance is recommending Douglas County’s chief judge and the county’s two newest judges be retained in their positions as voters go to the polls in the Nov. 2 general election.

Judges Robert Fairchild, Peggy Kittel and Sally Pokorny received support for retention from 80 percent or more of the attorneys and non-attorneys surveyed about their performances on the bench.

The commission conducts surveys on all district and appellate judges up for retention to aid voters in making decisions. It recommends retention for all judges who received a minimum average grade of 2.0 on a 4.0 scale. All three Douglas County judges earned scores of 3.2 or higher among all categories.

The other judge scheduled to face voters this year, District Judge Jean Shepherd — who was appointed in 1984 and primarily handles family law and juvenile cases — has announced her intention to retire.

A complete look at the surveys for all judges is available at www.kansasjudicialperformance.org. Here are summaries of the surveys for the Douglas County judges:

Robert Fairchild

Of the 69 attorneys surveyed, 95 percent recommended the county’s chief judge be retained, and 92 percent of the 154 non-attorneys did the same. His average score from attorneys was 3.6 on a 4.0 scale and from non-attorneys was 3.53.

Fairchild also received a 3.69 average score from appellate judges who responded.

According to a summary, 87 percent of non-attorneys perceived Fairchild to be completely neutral in criminal cases, but 38 percent of attorneys said he was somewhat biased in favor of prosecutors while 58 percent said he was neutral.

Fairchild was appointed as a district judge in 1996 by then-Gov. Bill Graves, and he became the chief judge in 2002. In addition to his administrative duties, he handles criminal, civil and probate cases.

Peggy Kittel

Kittel received an average score of 3.23 from attorneys and 3.39 from non-attorneys. Of the 41 attorneys surveyed, 87 percent recommended her retention along with 85 percent of the 89 non-attorneys who responded.

However, in a question to attorneys about bias in criminal cases, 33 percent of attorneys said she was very biased in favor of prosecutors and 33 percent said she was somewhat biased in favor of the prosecution. The other third said she was neutral. Thirty percent of non-attorneys said Kittel was biased in favor of prosecutors, and 71 percent called her neutral.

Then-Gov. Kathleen Sebelius appointed Kittel to her position in 2008 to replace Stephen Six, who became the state’s attorney general. She was previously the county’s pro tem judge. Now as a district judge, Kittel handles both criminal and civil cases.

Sally Pokorny

All of the 22 attorneys surveyed and 90 percent of the 36 non-attorneys recommended voters retain Pokorny. Her average scores were 3.51 from attorneys and 3.29 from non-attorneys. She received a score of 3.67 from six appellate judges surveyed.

On the bias question, 31 percent of attorneys said she was somewhat biased in favor of prosecutors while 63 percent called her neutral and 6 percent said she favored the defense.

Sebelius appointed Pokorny in 2009 to replace the retiring Jack Murphy. She was previously a general practice attorney and has served as a prosecutor in Shawnee and Montgomery counties. On the bench she has handled civil and criminal cases.