Kansas GOP questions event hosted by justice’s husband

? Richard Green, a retired social studies teacher at Topeka High School, invited other teachers to his home for a campaign event Tuesday night to raise money for Democratic gubernatorial candidate Paul Davis.

He described it as a “backyard barbeque” for teachers, with a suggested donation of $20.

Normally, that would not be cause for any concern, except that Green’s wife is Kansas Supreme Court Justice Carol Beier.

And while Beier herself will not attend the event – and there is no rule in the Kansas Code of Judicial Conduct that limits the political activities of a judge’ family – the Kansas Republican Party is arguing that the “high dollar campaign fundraiser” should be cancelled.

“The event is highly inappropriate, raising numerous ethical questions for both Davis and the Kansas judicial branch, the latter of which has seen its judicial integrity under the spotlight in a number of its recent rulings,” the GOP said in a news release.

“It’s my husband’s event; it is not my event,” Beier said during a brief telephone interview.

The Kansas Code of Judicial Conduct contains a list of political activities that judges themselves should avoid, even those in counties where judges themselves must run for election. Among the prohibited activities are publicly endorsing or opposing another candidate for any public office and soliciting funds for or making contributions to political candidates.

The code goes on to say that, “members of the families of judges and judicial candidates are free to engage in their own political activity.”

Other state courts, and the federal courts, impose similar rules on judges, but they seldom shield judges from criticism when their spouses choose to become politically involved.

In 2011, for example, many Democrats called on U.S. Supreme Court Justice Clarence Thomas to recuse himself from hearing a challenge to the Affordable Care Act because his wife, Ginni Thomas, founded a conservative group that advocated against the law, also known as Obamacare.

Meanwhile, the Kansas court has been the target of GOP attacks for other reasons in recent months, most recently after the court ruled unanimously that Democrat Chad Taylor’s name must come off of the Nov. 4 general election ballot for the U.S. Senate, a decision that many observers believe helps independent candidate Greg Orman and hurts the re-election chances of Sen. Pat Roberts.

Republicans also argue the court has been “packed” with Democrats, and many have proposed changing the way Supreme Court justices are selected, which would require a constitutional amendment.

The Davis campaign called the GOP statement “manufactured outrage,” noting that neither Davis nor his lieutenant governor running mate Jill Docking will be there either. It also said there was nothing inappropriate about the fundraiser.

“There is no donation required to attend, as this an informational meeting hosted by teachers, for teachers, out of concern for the future of Kansas schools after four years of cuts and neglect from Governor Sam Brownback,” said Davis campaign spokesman Chris Pumpelly.