Lawrence public commenter files ethics complaints against DA and former deputy DA in connection with costumed mocking incident

photo by: Journal-World file photos

Joshua Seiden, top left, is pictured dressed in a costume of Justin Spiehs. District Attorney Suzanne Valdez, bottom left, is seen pointing at Seiden while in costume in an image taken from a video of the incident. Spiehs, right, is pictured in his “signature identifiable style” in a file photo.

UPDATED 4:20 P.M. JULY 29, 2024

A controversial Lawrence public commenter has filed complaints with the Kansas attorney disciplinary office against the Douglas County District Attorney and her former deputy over a June incident where the deputy dressed as the man and the DA appeared to point and laugh at the costume.

The complaint was filed on July 11 with the Kansas Office of the Disciplinary Administrator (ODA) by Justin Spiehs, a regular commenter at area government meetings who has filed several lawsuits against government entities for viewpoint discrimination, and also has been ejected from several meetings over conduct concerns. Spiehs on Sunday sent notice of the complaints in an email to the Journal-World.

The complaint alleges that District Attorney Suzanne Valdez and her former deputy district attorney, Joshua Seiden, committed multiple violations of the Kansas Rules of Professional Conduct (KRPC) set for attorneys by the Kansas Supreme Court.

The complaint was filed in response to Seiden having dressed up in Spiehs’ “signature identifiable style” on June 21 while Seiden was working as the Deputy District Attorney at the Douglas County Judicial and Law Enforcement Center, according to the complaint.

photo by: Chris Conde/Journal-World

District Attorney Suzanne Valdez appears at a candidate forum hosted by the League of Women Voters and the NAACP on Saturday, June 29, 2024, at Watkins Museum, 1047 Massachusetts St.

“Instead of recognizing how unprofessional, mean, and inappropriate this all was, Ms. Valdez is going along with, encouraging, and ratifying Mr. Seiden’s public mockery of me by laughing and pointing at Mr. Seiden as he strutted around the courthouse entrance impersonating and mocking me,” Spiehs said in the complaint.

In a statement to the Journal-World, Valdez on Monday disavowed the actions of her former deputy district attorney, and said she took action in response to Seiden’s mockery of Spiehs.

“The unprofessional incident involving Mr. Seiden’s mockery of Justin Spiehs lasted mere seconds,” Valdez said in an email to the Journal-World. “My response was that of surprise and shock. I dealt with this incident swiftly once I had time to do so that day. Mr. Seiden’s misconduct was not ratified by me, and that is why he is no longer with my office.”

The incident was caught on surveillance video and showed Seiden exiting the DA’s offices wearing a dreadlock wig, a t-shirt, hat, and sunglasses while carrying a cell phone as a prop and interacting with court security. Valdez followed Seiden out of the offices and at one point appears to point and laugh at Seiden in his costume. Audio of the incident wasn’t part of the surveillance video, and it is not known what Valdez may have said.

The DA’s office confirmed the Monday after the incident that Seiden had resigned from his position as Deputy District Attorney but the office declined to explain the reasons for his departure.

Spiehs specifies in the complaint that Valdez and Seiden violated four KRPC misconduct standards:

• Violate or attempt to violate the rules of professional conduct, knowingly assist or induce another to do so, or do so through the acts of another;

• engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

• engage in conduct that is prejudicial to the administration of justice;

• engage in any other conduct that adversely reflects on the lawyer’s fitness to practice law.

Spiehs also alleges Valdez and Seiden violated additional standards set by the KCRP including that “an attorney is required to act at all times, both professionally and personally, in conformity with the standards established by the Kansas Rules of Professional Conduct, the Rules Relating to Discipline of Attorneys, and the attorney’s oath of office,” and that “a lawyer should strive to… exemplify the legal profession’s ideals of public service.”

Valdez is campaigning to retain her seat as DA and faces two challengers in next week’s Democratic Primary. She and Seiden are also being investigated for disciplinary complaints against them for ethical violations related to a child sex crime victim. Valdez is also awaiting the results of a disciplinary hearing where the ODA recommended the Kansas Supreme Court censure her for unprofessional conduct towards a Douglas County judge.