Judicial Commission to Interview Wichita Judge
Sep 25 09:59 pm cdt
By Rebecca Gannon
Kwch eyewitness 12 news
It's a rare case in the Kansas judicial system — a judge is about to go on trial herself. The Honorable Rebecca Pilshaw is being investigated after allegedly yelling at potential jurors during jury selection.
It happened in but when the case went to appeal this past summer, the courts called it judicial misconduct.
It all centers on a murder trial where Dewey Gaither was convicted of killing Bobby Washington.
But it was during jury selection a transcript recorded Judge Rebecca Pilshaw speaking to potential jurors and saying, "All right. Anybody else want to mess with me? Just thought I would ask."
Those comments were made after two potential jurors gave reasons for not serving their jury duty.
But a day later, the judge apologized to the two jurors, and the rest of the pool: "My guess is that the reason I was a little cranky yesterday is that I'm looking at a room full of about 60 people who don't want to be here any more than anybody else does."
The Gaither case went to appeal this summer, and the Kansas Supreme Count's opinion called the statements judicial misconduct.
"She failed to control her temper and frustrations, " stated the court's opinion, "declined to exercise control over her conduct and utterances, and allowed prospective jurors to embroil her in conflict."
It continued, "we conclude her comments constitute judicial misconduct. However, the district judge in this case regained control over her temper, emotions, conduct, and utterances after the first day. We believe the judge's apologies."
Now, Judge Pilshaw is facing the Kansas Commission of Judicial Qualifications, where she will go to trial, and the judge will be judged. It's a little used part of checks and balances within the Judicial System.
"I think it's important that we have an oversight committee, " said the Honorable David Dewey. Dewey retired from the bench in 2003. But he told Fox Kansas Eyewitness News judges don't have a boss, or anyone they report to directly. "This commission is set up as an oversight commission, and I think it's important. If a judge gets out of line, somebody needs to tell them they're out of line."
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