United States: Kansas Commission's Dismissal of Misconduct Complaint Against Magistrate Raises Press Freedom Alarms

Latest in a slew of judicial decisions ignoring the rights of the press

Location: United States, Kansas
Date: December 9, 2023

The Coalition For Women In Journalism and Women Press Freedom is deeply concerned about the recent developments in Kansas, where Magistrate Laura Viar was cleared of misconduct in a case involving a controversial search warrant against the Marion County Record. This incident not only challenges the core values of press freedom but also sets a dangerous precedent in the treatment of journalists and the media. The search warrant, reportedly in violation of federal laws that protect journalists from such raids, was issued under the allegation of a journalist committing a crime by accessing public records. The dismissal of the complaint against Magistrate Viar by the Kansas Commission on Judicial Conduct, despite the apparent legal protections for journalists, raises alarming questions about the safeguarding of press freedom and journalistic rights in the United States. We condemn the illegal nature of the raid and the dismissal of the magistrate responsible for issuing the search warrant. We call upon the appropriate authorities to reevaluate this decision and ensure that such actions against the press are not repeated.

On December 9, the Kansas Commission on Judicial Conduct dismissed a complaint against magistrate Laura Viar for her involvement in issuing a search warrant that authorized the police raid at the Marion County Record. The complaint was filed by Topeka resident Keri Strahler on August 16, who highlighted the legal protections for journalists and a prosecutor's finding that the evidence in the case did not support the search warrants. 

The search warrant, which seemingly violated federal laws safeguarding journalists from such raids, was issued on the grounds that a journalist had allegedly committed a crime by accessing public records in an online database. However, the commission ultimately concluded that the issuance of the warrant did not cross the line of incompetence, although it did not necessarily agree that it was reasonable or legally appropriate.

This dismissal raises concerns about the protection of press freedom and the potential infringement on journalists' rights.

District Judge Bradley Ambrosier, vice president of the panel that considered the complaint, conveyed the commission's decision to Strahler in a letter dated Wednesday. While the commission's handling of the case has drawn criticism for its lack of transparency, Ambrosier emphasized that the commission had provided informal advice to Judge Viar to thoroughly review all documents and research appropriate federal and state laws before issuing a search warrant.

The controversial raid, documented by CFWIJ, took place on August 11, when police, in collaboration with various law enforcement agencies, raided the Marion County Record newsroom, as well as the publisher's home and the home of a city councilwoman. The search warrants alleged identity theft and were executed under the pretense of investigating whether a reporter had broken the law by researching the driving record of a restaurateur seeking a liquor license. It was later revealed that the information accessed by the reporter was public record, not private.

During the raid, police confiscated computers and personal cell phones belonging to reporters, and reviewed documents that contained confidential sources for unrelated stories. The incident garnered international attention and sparked widespread scrutiny.

Unfortunately, the consequences of the raid were heart-wrenching as Joan Meyer, the co-owner of the newspaper, tragically lost her life merely a day after the incident. In an article without an identified author, The Record denounced the raid as "unlawful," connecting Meyer's untimely demise to the overwhelming stress and anguish she experienced following the police investigation.

The Privacy Protection Act, a federal law aimed at safeguarding journalists from unwarranted police searches, requires criminal investigators to obtain a subpoena instead of a search warrant. Max Kautsch, president of the Kansas Coalition for Open Government, emphasized the importance of considering all relevant laws, both state and federal, when determining whether to sign a search warrant. He suggested that had the federal Privacy Protection Act been taken into account, the far-reaching consequences of the searches could have been avoided.

Critics argue that the commission's decision highlights the lack of consequences faced by judges who violate individuals' rights. Jared McClain, an attorney for the Institute for Justice, expressed his concern over the prevalence of judicial immunity, which he believes hinders accountability for government officials.

The handling of complaints by the Kansas Commission on Judicial Conduct has raised questions about transparency and accountability. With closed-door meetings and confidential reasons for dismissing complaints, there is a growing call for greater transparency in the commission's proceedings.

As the fallout from this controversial case continues, it serves as a reminder of the importance of upholding the First Amendment and ensuring that journalists are protected from unwarranted searches and seizures. The case also underscores the need for judges to carefully consider all relevant laws before signing search warrants, in order to prevent potential violations of individuals' rights.

The Coalition For Women In Journalism and Women Press Freedom stands in solidarity with the Marion County Record newsroom. We strongly condemn the illegal nature of the raid and the subsequent dismissal of the magistrate responsible for issuing the search warrant. We urge the appropriate authorities to reevaluate this decision and ensure accountability for the violation of press freedom.

The Coalition For Women In Journalism is a global organization of support for women journalists. The CFWIJ pioneered mentorship for mid-career women journalists across several countries around the world and is the first organization to focus on the status of free press for women journalists. We thoroughly document cases of any form of abuse against women in any part of the globe. Our system of individuals and organizations brings together the experience and mentorship necessary to help female career journalists navigate the industry. Our goal is to help develop a strong mechanism where women journalists can work safely and thrive.

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