Judges talk courts, politics

HUMBOLDT ? Magistrate Judge Leo Gensweider, who serves Neosho and Wilson counties in the 31st district court, hated school.

?The further I went, the more I hated it. I hated law school so much.?

But, Gensweider said, ?I also realized (school) is the most important thing I?m going to do in my life. The way I went from poverty to being successful was a good education, and that can still happen to anybody in this country if you are willing to work hard and study hard. Don?t take it lightly. Don?t blow it.?

Gensweider was one of three judges who spoke to Humboldt High School students Monday. Joining him were G. Gordon Atcheson, a judge with the Kansas Court of Appeals, and Tod Davis, magistrate judge for Allen and Wilson counties. The judges spoke to area students Monday; today, a three-judge panel will hear oral arguments in four cases at Chanute High School.

Humboldt students asked thoughtful, prepared questions of the judges, ranging from their opinions on past cases to why they became a judge to how their political views influence their judicial decisions. They even tackled the recent controversial confirmation process of Supreme Court Justice Brett Kavanaugh.

As for the Kavanaugh case, Atcheson and Gensweider steered clear of commenting on Kavanaugh?s fitness as a judge but blasted the political process. Davis said as a practice he doesn?t comment on political matters.

Atcheson said he was concerned the process would damage the public?s view of the court system because the confirmation process has gotten more political and more bitter over the past 10 to 20 years. ?This process has been a real train wreck … and I think that?s bad for the court.?

Gensweider said ?no one wants to see Roe vs. Wade overturned more than I do,? but he was disturbed by the confirmation process as a matter of procedure. Any judge would allow a continuance after thousands of pages of documents were presented at the last minute, he said. ?It?s simply fundamentally unfair to not give the other side the time to review 14,000 pages of information about this person. When the other information came out, what was the need to rush before we went through the confirmation process??

THAT discussion segued into a question about how the judges? political beliefs influence their decisions. The short answer, Atcheson said, was they don?t. Judges are restricted from supporting candidates, which Atcheson said means he can?t even put a bumper sticker on his car if it expresses support for a particular candidate.

?But I do have a set of views that I?ve developed as a human being, a set of beliefs I?ve developed as a lawyer and a citizen, and those influence how I view cases that come in front of me,? he said. ?My first obligation, however, is to follow the law, if that law is clear and established.?

When the laws aren?t always so clear, it gives a judge the chance to ?be immortal,? Gensweider added. ?My favorite cases ? and they?re few and far between ? are the ones where an issue of law is raised for which there is no answer. That gives a judge the opportunity to rule and potentially make new law. And if that?s the case and it?s picked up on appeal and upheld, you?re remembered forever.?

Atcheson?s most difficult decision came on a ruling over an abortion case, specifically to decide whether the Kansas constitution provides the right to abortion. Ultimately, Atcheson wrote a separate opinion that recognized the right to an abortion, which both his colleagues disagreed with. The case is now on appeal at Kansas Supreme Court. His voice broke as he talked about losing sleep over his decision.

Later, Atcheson said he appreciated the student?s question. It?s good to reflect on his role as a judge, he said.