On Sunday, August 4, 2024, Kansas Reflector reported that the magistrate judge who approved last year’s controversial police raid of a small Kansas newspaper office was able to avoid discipline from the state’s judicial conduct panel through an explanation that contradicted prior accounts of how the search warrants were submitted and approved.
Magistrate Judge Laura Viar had been facing complaints filed with the Kansas Commission on Judicial Conduct regarding her role in authorizing search warrants that allowed police to seize computers and cellphones from journalists at the Marion County Record. However, the commission dismissed the complaints after receiving a secret response from Viar.
In her response, Viar claimed that on the morning of the August 2023 raid, she was approached by District Judge Susan Robson and Marion Police Chief Gideon Cody. According to Viar, Robson introduced Cody and said she couldn’t sign the warrants due to her history with the city. Viar wrote that Cody then swore under oath to the truthfulness of his affidavits supporting the warrant applications before she approved them.
This account conflicts with prior statements from Cody and Marion County Attorney Joel Ensey. Cody had previously said he emailed the warrant applications to Ensey’s office, which delivered them to the judge. An email later revealed by Ensey also indicated the applications were transferred to the judge without being read over first. No explanation was given for the disparity in stories.
The newspaper raid gained widespread attention after it came to light that the warrants targeted journalists over a routine records request. Concerns were raised around violations of privacy laws protecting journalists and freedom of the press. The new inconsistencies in the judge’s story renewed questions about due process and the factual basis used to justify the search.
Critics argue Viar’s version, if true, portrays the police and county attorney in a poor light and does not make logical sense. Some experts have also noted the apparent lack of probable cause for allegations of criminal conduct during a public records search.
The judicial conduct panel previously dismissed a complaint against Viar related to the case without much explanation. Its decision to clear her again based on her secret response has led to more criticism of the opaque accountability process for Kansas judges. Moving forward, outstanding civil lawsuits and public scrutiny may help shine further light on the changing narratives around the controversial Marion County Record raid.
Source: Kansas Reflector
