photo by: Contributed Photo

Suzanne Valdez was elected to serve as Douglas County district attorney in November 2020.

Updated at 3:17 p.m. Wednesday, Aug. 16, 2023

A formal complaint filed by a special prosecutor against Douglas County District Attorney Suzanne Valdez alleges that Valdez has violated multiple rules of professional conduct, including that she called a judge a liar and a sexist, implied that he was racist, sent him inappropriate texts and yelled and cursed about him to the extent that multiple attorneys in her office resigned under the stress.

The complaint, filed by Kimberly Bonifas in a case for the Kansas Board For Discipline of Attorneys, claims that the atmosphere in Valdez’s office was so “negative” and stressful that “After several months, only one attorney remained” with the DA’s Office from prior to her being sworn in.

The complaint also states that Valdez continued the behavior, including instances of refusing to cooperate with district judges, even after an investigation had begun into her conduct.

The complaint states that Valdez referred to Douglas County Chief Judge James McCabria as a “sexist,” but when the Disciplinary Administrator’s Office asked her to supply evidence to support her claim Valdez replied that it was only her opinion and she did not provide any facts to support the charge.

The complaint details a text that Valdez sent to McCabria in which she scolded the judge: “You should be ashamed of yourself.”

The text is in reference to a dispute in 2021, only two months after Valdez took office, about the resumption of jury trials during the COVID pandemic. McCabria said that he had consulted with all stakeholders to ensure safety at trials. Valdez, as the Journal-World reported, disputed that she was consulted, even though, as the complaint states, she met multiple times with the court about upcoming trials.

“We were TOLD, not consulted,” she wrote in her text to McCabria. “The only reason you commented is because I am a Hispanic female (in) a position of power. I will shine the light of truth. I will shine the light of truth on everything.”

When McCabria did not respond to her text, she issued a public press release saying that McCabria misrepresented her communication with him and chiding McCabria for engaging in “yet another example of how an outspoken and honest woman is mischaracterized as untruthful by a male in power.”

In addition to the press release, Valdez wrote on her personal and public Facebook page: “Women of the world — be prepared! If you are hardworking, outspoken, honest, AND in a position of authority, the INSECURE MAN will try to tear you down. Not me, says I!” A fist-bump emoji and strong-arm emoji accompanied Valdez’s post.

The complaint states that Valdez, in an attempt to validate her charge of sexism, asked an investigator with the Disciplinary Administrator’s Office to speak with Alice Walker, a former attorney in the DA’s Office, to find out “how sexist McCabria is.” However, when asked, Walker did not agree with Valdez’s allegation “and in fact, said just the opposite,” the complaint states.

In another incident outlined in the complaint, Valdez and the court had a disagreement relating to an expungement case, and Valdez responded by notifying the court that her office would be closed and “unavailable for any court matters.” When McCabria told her that the proper procedure was to request continuances in the cases, Valdez sent an email to McCabria telling him not to “lecture” her and accusing him of a “lack of professional courtesy.”

The complaint also alleges that Valdez has refused for her office to work with district judges on court matters “due to her anger about this disciplinary proceeding.” It says that Valdez and Deputy District Attorney Joshua Seiden failed to attend a meeting with Judge Mark Simpson about restarting a court program because Simpson’s name was listed on a report regarding the disciplinary matter against Valdez.

photo by: Chris Conde/Journal-World

Douglas County Deputy District Attorney Joshua Seiden is pictured in Douglas County District Court on July 24, 2023.

It further alleges that Valdez and Seiden refused to cooperate in a review of a traffic case backlog with McCabria and Judge Blake Glover because of a news article published on May 11 about the disciplinary hearing against Valdez.

The complaint does not mention by name the Journal-World, which on that day published an article titled “Disciplinary hearing scheduled for Douglas County DA Suzanne Valdez; special prosecutor will preside.”

When the Journal-World requested comment from Valdez Wednesday about the complaint against her, she responded by linking to a press release in which she discusses being new to her office at the time McCabria filed the complaint. She concludes the release by saying, “In the days that follow, I will be filing my response to the complaint, as well as other pleadings. My filings will be robust, thorough, and will add context to the events precipitating these proceedings.”

“I remain fully committed to serving this community as a truly independent official of the Executive Branch working hard daily with my DA team to hold violent offenders accountable, to provide alternatives to incarceration when appropriate, and to seek justice for all victims of crime,” the release said.

The Journal-World first asked Valdez about possible ethics violations and complaints filed against her in September of 2022 after she unsuccessfully requested $30,000 from the county’s budget to hire outside counsel to investigate and respond to complaints filed against her office.

During that same period, the Journal-World received tips from members of the local bar association who had reason to believe that a Douglas County District Court judge had filed an ethics complaint against Valdez.

photo by: Journal-World File

Douglas County District Court Chief Judge James McCabria is seen in his courtroom during a trial on Oct. 1, 2019.

The Journal-World reached out to Valdez about the allegation, but she declined to confirm whether a judge had filed a complaint against her. The Journal-World also reached out to McCabria, who said at the time that the question was a valid one, but one that he felt he could not answer.

“I very much appreciate your interest in this topic. As a citizen, I can appreciate that the people of this county would have interest in such matters and that it is a proper subject of inquiry. As a judge, it is my own view that it is appropriate for me to decline to discuss such matters,” McCabria said in a Sept. 14, 2022, email to the Journal-World.

The Journal-World reached out to McCabria on Wednesday for comment on the formal complaint. He replied via email: “I appreciate the offer. At this time, my position remains the same as when I was last asked to comment.”

The special prosecutor, Bonifas, of Wichita, was retained to handle the case for the Office of the Disciplinary Administrator after it was determined that there was a conflict of interest within the ODA, as the Journal-World has reported.

Bonifas specifically alleges in the complaint that Valdez violated four parts of the state code governing attorney conduct: making a statement that the lawyer knows to be false or with reckless disregard as to its truth or falsity concerning the qualifications or integrity of a judge; engaging in undignified or discourteous conduct degrading to a tribunal; engaging in conduct that is prejudicial to the administration of justice; and engaging in any other conduct that adversely reflects on the lawyer’s fitness to practice law.

A pre-hearing conference on the Valdez complaint is scheduled for Sept. 19, and the formal hearing dates are Oct. 12-13. The conference and hearing will be open to the public. Valdez will be entitled to be represented by counsel, to present evidence and to cross-examine witnesses. After the hearing, a panel will determine whether Valdez should be disciplined.

The Journal-World is aware of several other complaints filed against Valdez, including one by Sheriff Jay Armbrister, one by the father of a sex-crime victim and one by a woman who was not notified by Valdez’s office in a rape case. Armbrister’s complaint has been dismissed, but a review committee has found that the sheriff’s complaint was not without merit, and it has directed that the DA be cautioned, as previously reported.

Valdez, 54, is a Democrat who was elected in November 2020. She switched months before the election from being a registered Republican to being a registered Democrat.

Before taking office, she taught for more than 20 years at the University of Kansas School of Law, where she was placed on leave in January 2021 after the university criticized her for improperly withholding the final grades of students as leverage in a pay dispute she had with KU. Valdez resigned from KU later that month, saying that KU’s actions during the pay dispute were in retaliation for her criticism of the university.

During the pay and grade dispute, Valdez wrote a letter to students blaming the law school dean, Stephen Mazza, for Valdez’s withholding of grades, citing “privileged white men” who “refused to acknowledge the contributions and merits of women and minorities.”