In the Matter of Linda S. Trigg, District Magistrate Judge, Respondent.
PROCEEDING RELATING TO JUDICIAL CONDUCT
proceeding in discipline. Findings of the hearing panel are
N. Thompson, of Thompson Warner, P.A., of Lawrence, argued
the cause for the Commission on Judicial Qualifications.
appearance by Linda S. Trigg, respondent.
an uncontested original disciplinary proceeding against the
respondent, Linda S. Trigg, former District Magistrate Judge
of the 10th Judicial District, sitting in Johnson County. The
matter was investigated by Panel B of the Kansas Commission
on Judicial Qualifications (Commission), following which that
panel docketed a notice of formal proceedings and formal
complaint on July 10, 2017, against respondent and gave due
notice. See Supreme Court Rule 611(b) (2018 Kan. S.Ct. R.
475) (discussing procedure for filing of formal proceedings).
The complaint alleged respondent committed various violations
of Canons 1 and 2 of the Kansas Code of Judicial Conduct (the
Code), as will be discussed below. See Supreme Court Rule
601B (2018 Kan. S.Ct. R. 425) (containing the Code).
Respondent did not file an answer to the complaint.
matter was heard on October 6, 2017, by Panel A of the
Commission. Respondent received and acknowledged receipt of
proper notice and notified the Panel by email the day before
that she would not attend the hearing. At the hearing the
Commission's examiner presented evidence and argument in
support of the formal complaint. Upon conclusion of the
hearing, Panel A made the following findings of fact and
conclusions of law, together with its recommended disposition
to this court:
"FINDINGS OF FACT
"1. On September 7, 2016, Respondent presided over a
hearing in Johnson County Magistrate Court Department M-2
involving Case No. 10TR604, State of Kansas v. Brandi
"2. The district attorney's office appeared through
Zavier Andrews. Brandi Heather appeared pro se.
"3. The transcript of the hearing on September 7, 2016,
provides in its entirety:
'THE COURT: Court will call 10TR604 State of Kansas v.
Brandi Lee Heather. Are you Brandi Heather?
'THE DEFENDANT: Yes.
'THE COURT: Show Mr. Andrews for the State. Defendant
appears in person, in custody, pro se.
'There's a motion to revoke your probation for
failure to comply on file for various reasons. I find that
sufficient. I revoke your probation and remand you to the
custody of the Sheriff's Office to serve the balance of
'We're adjourned. Parties may withdraw.'
"4. The investigative panel requested Todd N. Thompson,
Examiner, to investigate the matter. Respondent failed to
respond to numerous efforts by the Examiner to contact her.
"5. On March 24, 2017, the investigative panel issued a
cease and desist order. Respondent received the order on
March 25, 2017, but failed or refused to either (1) agree to
comply with the order, or (2) refuse to accept the order.
"6. Pursuant to Rule No. 611, Respondent was deemed to
have refused the order and Panel B instituted formal
"CONCLUSIONS OF LAW
"1. The Notice of Formal Proceedings alleges that
Respondent's conduct violated the provisions of Canon 1
and Canon 2 of the Rules of [the] Supreme Court [Relating] to
"2. CANON 1 of the Code of Judicial Conduct, Rule 601B,
'A judge shall uphold and promote the independence,
integrity, and impartiality of the judiciary,
and shall avoid impropriety and the appearance of
"3. RULE 1.1, 'Compliance with the Law,
'A judge shall comply with the law and the
Kansas Code of ...