Court of appeals applicants: A closer look

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As last week came to a close, Gov.-elect Laura Kelly released the names of 18 applicants for a seat on the Kansas Court of Appeals that will come open with a retirement in January.

The candidates will be interviewed by a nine-member panel made up of five lawyers and four nonlawyers. Kelly is using the merit selection process that’s now employed to pick justices for the Kansas Supreme Court.

The panel will recommend three candidates to the governor to choose from for the court appointment.

Here is a list of the candidates with some biographical background about each gleaned from research conducted over the weekend from the Kansas Bar Association, Martindale-Hubbell, law firm websites, interviews, newspaper stories and LinkedIn profiles.

Jay D. Befort of Topeka: Deputy general counsel for the Kansas Department of Revenue for about the last year. Previously, he worked as general counsel for the state banking commissioner from about 2014 to 2018.

He also worked in the civil section for the U.S. attorney’s office and in the Bankruptcy Trustee Division for the U.S. Justice Department in Kansas.

He spent 18 years in the Kansas Department of Revenue before joining Justice in about 2008. Last year, he sought a vacancy in Shawnee County District Court that came open with the retirement of Judge Rebecca Crotty.

He also applied for another vacancy that came open with the retirement of Frank Yeoman Jr. He earned his bachelor’s degree from Fort Hays State University and a law degree from Washburn University. He also taught paralegal courses at Washburn from about 1992 to about 2015.

Joni S. Cole of Wichita: Ran as a Democrat for Division 7 judge in the 18th Judicial District. She lost with 45 percent of the vote to Republican Rodger Woods in November.

She is the facility legal counsel at El Dorado Correctional Facility. She has a law degree from the University of Missouri-Kansas City.

Christopher E. Biggs of Junction  City: Likely most known for coming out of the shadows as the Geary County prosecutor to run unsuccessfully as a Democrat against Republican Phill Kline for attorney general in 2002. Biggs narrowly lost that race to Kline.

Christopher Biggs

Former Gov. Kathleen Sebelius appointed Biggs as securities commissioner in 2003.

In 2010, former Gov. Mark Parkinson appointed him as secretary of state in 2010 to fill out the unexpired term of Ron Thornburgh, who left office for a private sector job.

Biggs ran for secretary of state in 2010 and lost to Republican Kris Kobach.

Biggs has a bachelor’s degree from Kansas State University and a law degree from the University of Kansas.

Sarah E. Warner of Lenexa: Practices at the Thompson Warner law firm in Lawrence.

She practices civil litigation with a focus on resolving business, insurance and constitutional disputes.

She also teaches conflict of laws and appellate practice as an adjunct professor at Washburn University School of Law.

Sarah W. Warner

Before entering private practice,  Warner worked in the chambers of the Michigan and Kansas supreme courts.

She worked for 3½ years as the chambers counsel to Robert E. Davis when he was chief justice of the Kansas Supreme Court.

She graduated from the University of Kansas with degrees in French, international studies, mathematics and political science. She received her law degree from Ave Maria School of Law in Ann Arbor, Mich.

Jeffry L. Jack of Parsons: A Labette County district judge since 2005 when he was appointed by former Gov. Kathleen Sebelius. Jack also has served as a board member for the Kansas Health Foundation since 2013.

He served in the Kansas House as a Republican from 2003 to 2005, representing House District 7. He earned his bachelor’s degree in anthropology from Harvard and his law degree from the University of Kansas.

Steven M. Roth of Topeka: Named in 2015 as an administrative law judge handling workers compensation cases. He previously served as a magistrate judge in the 2nd Judicial District. He was appointed to the bench in 1993.

He received his bachelor’s degree from Fort Hays State University and his law degree from Washburn University.

He was among three names submitted to Gov. Jeff Colyer to consider for a seat on the Shawnee County District Court but was not appointed.

Marcia A. Wood of Wichita: Attorney and partner with the Martin, Pringle, Oliver, Wallace and Bauer law firm.

Marcia A. Wood

Her practice “consists primarily of brief-writing, both at the trial and appellate levels,” according to the firm’s website.

She provides research and writing in a variety of areas, including medical malpractice defense, product liability, and commercial and employment litigation.

She also has experience in municipal and commercial finance. She earned her bachelor’s and law degrees from the University of Kansas.

She clerked six years for U.S. District Judge Frank G. Theis.

Constance L. Shidler of Overland Park: Attorney at Smithyman & Zakoura where she specializes in business and civil litigation. She earned her bachelor’s and law degrees at the University of Kansas.

Constance Shidler

Shidler also worked as district director for former Democratic Congressman Dennis Moore and served as his campaign treasurer.

She also served as chairwoman and board member of the Greater K.C. Women’s Political Caucus.

She also worked judge pro tempore for the city of Overland Park and interned for U.S. District Judge Kathryn Vratil.

Carrie E. Josserand of Shawnee:  An attorney at Lathrop Gage, Josserand earned her bachelor’s and law degrees at the University of Kansas.

She  “represents clients in contract and real estate disputes and in complex commercial litigation,” according to the firm’s website.

“She also has significant experience in trust litigation and has successfully obtained appellate court approval of trust modifications for purposes of IRS approval.”

Her appeals successes included overturning a judgment and punitive damages award against a national banking association, the law firm reports.

She also defended a judgment in favor of an employer in a wrongful termination suit. She clerked for Steve Leben when he was a district judge in Johnson County.

Aaron L. Kite of Dodge City: A partner at the Rebein Brothers law firm in Dodge City. He is a civil litigator and trial lawyer. He practices in the areas of personal injury, fiduciary litigation and insurance litigation, according to his firm. He earned a bachelor’s degree in political science from Harding University in Searcy, Ark. He earned his law degree from Texas Tech School of Law.

Teresa L. Watson of Topeka: Appointed Shawnee County judge in 2014 by former Gov. Sam Brownback. She’s been described as an “irrepressible force” who dreamed of being a judge since she was a child.

Teresa L. Watson

She earned a bachelor’s degree in political science and a law degree from Washburn University. She was a litigation attorney in private practice when she worked for the Topeka law firm of Fisher Patterson Sayler & Smith.

She also served as a research attorney for the Kansas Court of Appeals and the Kansas Supreme Court.

In an October interview published by the Washburn School of Law, Watson said she was inspired by J. Patrick Brazil, retired chief judge of the Kansas Court of Appeals. Watson clerked for Brazil after graduating from law school.

Steven J. Obermeier of Olathe: A former longtime prosecutor with the Johnson County district attorney’s office, Obermeier earned bachelor’s degrees in journalism and political science from the University of Kansas.

Steven Obermeier

He received his law degree from Washburn University. He now works for the attorney general as assistant solicitor general.

Obermeier has written more than  1,300 appellate briefs and argued hundreds of cases in Kansas appellate courts, according to the Kansas Bar Association.

He is one of the attorneys of record in nearly 300 published opinions. He also wrote a chapter in the 2007 and 2013 editions of the Judicial Council’s Kansas Appellate Practice Handbook, according to a Bar Association posting.

Michael F. McCulloch of Olathe: Public defender in the 10th Judicial District. He was one of three names recommended to former Gov. Sam Brownback in late 2014 to replace retiring District Judge James Franklin Davis. Brownback ultimately named Robert Wonnell to the bench. McCulloch earned his law degree from Quinnipiac University.

Daniel Cahill of Kansas City: A district judge in Wyandotte County since 2007. He earned his bachelor’s and law degrees from Washburn University. He also had served on the Child Welfare System Task Force, which has been scrutinizing operations at the Kansas Department for Children and Families.

Angela D. Gupta of Lake Quivira: She is listed as a clerk to U.S. District Judge Kathryn Vratil. She also worked as an assistant U.S. attorney and in private practice for the Spencer Fane and Lathrop Gage law firms. She earned a bachelor’s degree in business administration from the University of Kansas and her law degree from the University of Pennsylvania.

Carl A. Folsom III of Lawrence: An assistant federal public defender who earned his bachelor’s and law degrees at the University of Kansas. Folsom also worked as an assistant federal public defender in Oklahoma after working in private practice for about three years. He also worked in the Kansas appellate defender office, handling criminal appeals for indigent defendants.

John P.D. Washburn of Tecumseh: Founder of Washburn Law Office in Topeka, Washburn’s practice focuses on family law, estate planning, small business and transactional law, as well as juvenile- and child-in-need-of-care cases. He earned his bachelor’s degree in political science and government from Oral Roberts University. He earned his law degree from Washburn University. He worked as a law clerk at two firms in 2006 and 2007 before starting his own firm in 2007.

Steven P. Smith of Wichita: An attorney at the Hinkle Law Firm, Smith specializes in employee benefit issues.

Steven P. Smith

He previously worked as in-house counsel for Thorn Americas, where he focused on class-action litigation, consumer bankruptcies, copyrights and trademarks, among other matters.

He also worked as a research attorney for Robert E. Davis when he was a judge on the Kansas Court of Appeals.

Smith earned a bachelor’s degree in political science with minors in history and mathematics/statistics from Wichita State University. He received his law degree from the University of Kansas.