After the excitement of casting votes for president, Congressional representative and a slate of state and county offices begins to wane, Johnson County voters will have a chance to recover their heart rates with a different ballot exercise.
It’s a list of names of sitting judges — 20 in all, with no party identifiers — followed by a simple question. Should they keep their jobs, Yes or No?
It is the judicial retention part of the ballot, filled with names that are likely unfamiliar to most people who are uninvolved in the court system. For voters who want to do more than blindly check through them (or skip that part of their ballot altogether), there are a few things to know about it.
The role of the courts
Johnson Countians will be voting on retention of seven judges on the Kansas Court of Appeals, 10 district court judges and three local county magistrates.
No Kansas Supreme Court justices are on the ballot this year after an unusually fraught and, at times, partisan retention vote for six high court members two years ago.
Each type of court voters will consider this time around has its own role. In general, district courts judges oversee criminal proceedings and civil matters and all the evidence hearings, motions and occasional trials that go with them.
Magistrates deal with violations of city ordinances, usually traffic and other offenses.
The highest level on this year’s ballot, appeals court judges, review cases that have been appealed from lower courts. The Kansas Judicial Branch has more on the courts at its website.
Appeals court judges must be licensed attorneys between 30 and 70 years old and active as a judge, lawyer or law teacher at an accredited law school for at least 10 years.
District court judges must have been licensed to practice in Kansas for at least five years and younger than 75 when appointed.
Magistrates do not have to be lawyers.
Why am I voting on judges?
The retention vote is meant to be a way for the public to have a voice in the performance of judges who have been appointed by elected officials.
For the state’s highest courts, judges are appointed by the governor, with or without the help of a nominating commission. Appeals court judges are confirmed by the Kansas Senate.
District court judges in Johnson County are selected through a nominating commission made up of lawyers and non-lawyers.
Once they begin to serve, judges come up for a retention vote after their first year and then every four years for magistrates, district court and appeals court judges.
Not every place in Kansas chooses judges this way.
In some judicial districts, judges run for partisan or nonpartisan elections, same as candidates for other offices. Sedgwick County and Wyandotte County choose judges that way.
Ethics rules for judges during elections
The Kansas Judicial Branch has a long list of ethics rules for judges when it comes to elections.
For example, unless they are running in a partisan election, they are forbidden from doing the dinners, endorsements and fundraising that go with being active in a political party. They also can’t hold a party office or donate.
Judicial candidates also must take care that other people don’t do those things on their behalf.
They are, however, allowed to respond to any factually inaccurate or misleading statements others make about them.
Bar associations’ judicial evaluations
It’s uncommon to see much spending on flyers and ads in such low-key elections. But the state and county bar associations provide some information on the judges in the form of surveys.
The professional groups survey lawyers who have had direct personal experience with the judges on the ballot during their current terms.
The judges get individual ratings on fairness, impartiality, clarity and knowledge of the law, among other things. They also receive an overall performance rating and a yes-no vote on retention.
The surveys for the district judges and magistrates on this year’s ballot can be viewed at the Johnson County Bar Association’s website.
The surveys for the seven appeals court judges can be found at the Kansas Bar Association’s website.
Who am I voting for?
Here are a few biographical details about each judge up for retention vote this year who Johnson Countians will see on their ballots.
All these judges currently sit on their respective benches having been previously appointed and are up for a retention vote every four years.
Kansas Court of Appeals judges
Sarah Warner (Position 4)
First appointed by Democratic Gov. Laura Kelly in 2019, Judge Sarah Warner is seeking her second four-year term on the appeals court, having been retained in 2020. A native of Overland Park who lives with her family in Lenexa, Warner formerly worked in private practice and served a stint as a research attorney for Kansas Supreme Court Chief Justice Robert Davis. She holds a law degree from the University of Michigan and has taught at Washburn University School of Law for the past 15 years.
David Bruns (Position 6)
Judge David Bruns was originally appointed to the Court of Appeals in 2011 by Republican Gov. Sam Brownback and has previously been retained by voters three times. Prior to that, he served more than a decade as a district court judge in Shawnee County. Before that, he worked in private practice in Topeka for 15 years. A native of Kansas City, Kansas, Bruns holds an undergraduate degree from the University of Kansas and a law degree from Washburn University.
G. Gordon Atcheson (position 8)
Originally appointed by Democratic Gov. Mark Parkinson in 2010, Judge G. Gordon Atcheson has been retained by voters in 2012, 2016 and 2020. Before his appointment, he had a nearly 30-year career in private practice in both civil and criminal litigation. He eventually founded his own practice in Westwood, Kansas. Atcheson holds a law degree from the University of Kansas, and he is married to Cheryl Pilate, a prominent defense attorney in Kansas City, Missouri.
Karen Arnold-Burger (position 9)
Judge Karen Arnold-Burger has been chief judge of the Kansas Court of Appeals since 2017. She was originally appointed to the court in January 2011 by outgoing Democratic Gov. Mark Parkinson. Voters retained Arnold-Burger in 2012, 2016 and 2020. A native of Kansas City, Kansas, she attended Johnson County Community College and the University of Kansas before earning a law degree from KU. She previously worked as both a local and federal prosecutor and then a municipal court judge.
Rachel Pickering (position 10)
Appointed by Democratic Gov. Laura Kelly in 2022, Judge Rachel Pickering is the first Hispanic jurist to serve on the Kansas Court of Appeals. She is standing for her first retention vote. Prior to her appointment, she served as a district court judge in Shawnee County and previously served as an assistant district attorney in that county. She also served a stint as assistant solicitor general in the office of former Kansas Attorney General Derek Schmidt. She earned a law degree from the University of Missouri.
Angela Coble (position 12)
Judge Angela Coble was appointed to the Kansas Court of Appeals in 2022 by Democratic Gov. Laura Kelly and is standing for her first retention vote. A native of Salina, Kansas, Coble worked in private practice for several years in that city, representing clients in employment, personal injury and family law cases, among other areas. Later, she worked as an attorney in the chambers of two federal magistrate judges, advising on both civil and criminal matters. She has a law degree from Washburn University.
Kathryn Gardner (position 14)
Judge Kathryn Gardner was appointed to the Kansas Court of Appeals in 2015 by Republican Gov. Sam Brownback. Voters retained her in 2016 and 2020. She is a 1983 graduate of the University of Kansas School of Law. Prior to her appointment, she worked as a staff attorney for an appeals court judge, a law clerk for a federal judge, an assistant attorney general in the civil division of the Kansas Attorney General’s Office and as a private litigator.
Johnson County District Court judges
James Vano (Division 2)
Judge James Vano has been on the Johnson County bench for more than 20 years and was originally appointed by Republican Gov. Bill Graves in 2002. Voters have retained him five times previously. He earned a law degree from Washburn University in 1981. Prior to his appointment, he worked in private practice in Overland Park and also served three years as a district magistrate judge in Johnson County. According to his bio, he is also a captain in the Civil Air Patrol squadron based at New Century.
Thomas Sutherland (Division 3)
Judge Thomas Sutherland was first appointed to the Johnson County District Court by Democratic Gov. Kathleen Sebelius in 2003. Voters have retained him five times previously. He earned a law degree from Washburn University in 1984. Prior to his appointment, he worked in private practice for an Overland Park firm for more than 15 years. He lives in Lenexa and is a member of both the Kansas and Missouri bar associations.
Robert Wonnell (Division 6)
Appointed by Republican Gov. Sam Brownback in 2015, Judge Robert Wonnell is standing for retention for a third time. He earned a law degree from the University of Kansas in 2001. Prior to his appointment, he worked in private practice for Kansas City, Kansas-based firm Van Cleave and Phillips for 15 years. In 2022, the Johnson County Bar Association awarded him the Earl O’Connor Civility Award. He’s also a member of the Johnson County Mental Health Advisory Board.
James Charles Droege (Division 8)
Judge James Charles Droege was appointed to the Johnson County District Court by Democratic Gov. Kathleen Sebelius in 2007. Voters have previously retained him four times. Last year, he completed a two-year stint as the chief judge of Johnson County District Court, an appointment made by the Kansas Supreme Court. He earned a law degree and a master’s degree in business administration from Washburn University. He has previously served as a municipal court judge in Edgerton and De Soto and ran his own private practice as an attorney in Overland Park for more than 15 years.
Joann Woltman (Division 11)
Judge Joann Woltman is standing for her first retention election, having been appointed by Democratic Gov. Laura Kelly in January 2023. A native of Colorado, Woltman holds a law degree from Washburn University. Prior to her appointment, she worked in private practice for the Overland Park firm Littler Mendelson, a firm specializing in labor and employment litigation. Before that, Woltman worked for a firm where she litigated consumer, wage and class-action cases.
Brenda Cameron (Division 13)
Judge Brenda Cameron has served on the Johnson County District Court for more than 20 years, having been appointed in 2002 by Republican Gov. Bill Graves. Voters have previously retained her five times. She holds an undergraduate degree in journalism and a law degree from the University of Kansas. Prior to her appointment, she worked two separate stints in the Johnson County District Attorney’s Office. She is currently president of the Kansas District Judges Association.
Paul Burmaster (Division 14)
Judge Paul Burmaster is seeking his second retention vote, having been originally appointed by Democratic Gov. Laura Kelly in 2019. Prior to that, he spent more than 25 years in private practice representing clients throughout the Kansas City metro in a variety of cases totaling more than 40 jury trials, from DUI to first-degree murder. He now serves as a judge in the district court’s family division, handling cases dealing with divorce, parentage and protection orders. He holds a law degree from the University of Kansas.
Stephanie Goodenow (Division 20)
Judge Stephanie Goodenow of Lenexa is standing for her first retention vote. She joined the court in January 2023 after being appointed by Democratic Gov. Laura Kelly to one of three new judge positions added to the bench in Johnson County. She holds a law degree from the University of Kansas. Prior to her appointment, she founded her own private practice and was recognized among the top 50 women lawyers in Kansas and Missouri by the publication “Super Lawyers.”
Catherine Decena Triplett (Division 21)
Judge Catherine Decena Triplett of De Soto is standing for her first retention vote. She joined the court in January 2023 after being appointed by Democratic Gov. Laura Kelly to one of three new judge positions added to the bench in Johnson County. Prior to her appointment, she owned her own law firm in Shawnee, focused on criminal law, family law, probate law and mediation. She earned a law degree from the University of Kansas.
Jason Billam (Division 22)
Judge Jason Billam of Olathe is standing for his first retention vote. He joined the court in January 2023 after being appointed by Democratic Gov. Laura Kelly to one of three new judge positions added to the bench in Johnson County. Prior to his appointment, Billam was a co-founder and attorney with Billam & Henderson in Overland Park, specializing in homicide, drug crimes, domestic violence and property crimes. A native of Kansas City, Missouri, he earned a law degree from the University of Kansas.
Johnson County Magistrates
Wayne Smith (Position 2)
Judge Wayne Smith is standing for his first retention vote, having been appointed to a vacant magistrate position in 2023 by the 10th Judicial District Nominating Commission. Prior to his appointment, Smith was a managing attorney at Legal Aid of Western Missouri, which aims to provide free legal services in civil matters for low-income clients. He also served part time as a municipal court judge in Overland Park for more than 20 years. He earned a law degree from the University of Kansas.
Curtis Sample (Position 3)
Judge Curtis Sample is standing for his first retention vote after being appointed to a vacant magistrate position in 2022 by the 10th Judicial District Nominating Commission.
Prior to his appointment, he worked as a criminal defense attorney in Olathe. He earned a law degree from the University of Kansas in 2014.
John McEntee (Position 4)
Judge John McEntee is standing for his first retention vote after being appointed to a vacant magistrate position in 2022 by the 10th Judicial District Nominating Commission. Prior to his appointment, he worked as in-house counsel for several insurance corporations, including American Family, Geico and Nationwide. He also previously worked as a law clerk for a judge in Jackson County, Missouri. A resident of Leawood, he earned a law degree from the University of Missouri-Kansas City.
Post Editor Kyle Palmer contributed to this report.
