Kansas Senate panel grills Brownback judge appointee

? Republican Gov. Sam Brownback’s appointee to the Kansas Court of Appeals got a chilly reception Wednesday at her first confirmation hearing before the Senate Judiciary Committee.

Chairman Sen. Jeff King, a Republican from Independence, spent a large portion of the hearing questioning Kathryn Gardner’s qualifications. Gardner has served as the law clerk for U.S. District Judge Sam Crow since 2000 after spending 12 years as a practicing lawyer in Wichita and two years as an assistant state attorney general.

King twice referred to comments made in 2005 by then-U.S. Sen. Brownback on Harriet Miers, whose appointment to the U.S. Supreme Court by President George W. Bush was eventually withdrawn. Brownback told NPR that Miers, who had served as counsel to the president, had few published works and opinions from which lawmakers could discern her legal philosophy. King said Gardner’s background has similar holes.

“Just like with Harriet Miers, we are lacking that paper trail of your own thought, your own opinion, your own personal writing reflecting that. So, using the words of Gov. Brownback at that time, why shouldn’t we consider rejecting your nomination for the same reason …” King asked Gardner.

She responded that her record showed that she could separate personal ideology from her duties as judge.

“I don’t know that you want judges who are extremely opinionated on certain topics within the law. What you are looking for, I hope, are people that can apply the facts to the law objectively, and that’s what I have been doing in my years with Judge Crow,” she said.

She said her experience as a law clerk was directly applicable to the job of an appellate judge, although she expressed a different opinion in a presentation made to conservative law group Alliance Defending Freedom that was included in documents submitted to the Senate with her application.

In the presentation, she described the job as being “servant like” and “at the bottom of the totem pole.” The documents show that Gardner gave the presentation in one of four lectures between 2000 and 2003, but it is not clear whether she gave the same presentation at each lecture.

The director of a University of Kansas legal clinic and a former Kansas Bar Association president say they unsuccessfully sought a seat on the state Court of Appeals.

The Wichita Eagle reports that law professor Suzanne Valdez and Neodesha attorney Dennis Depew confirmed Wednesday that they applied for the state’s second highest court.

Valdez would not comment after confirming her application. She directs the law school’s criminal prosecution clinic.