Judge Henderson loses; Kirby-Walters race too close to call

Embattled Sedgwick County District Judge Timothy Henderson suffered a significant defeat Tuesday, garnering 15 percent of the vote in his bid for re-election in Division 24.

“While I am disappointed, it has been an honor and a privilege to serve the people of Sedgwick County for 16 years as a district court judge,” Henderson said by e-mail after results from the county’s 259 precincts were in.

“I want to thank them from the bottom of my heart,” he continued. “I pray that I have left a legacy of helping children and families through the most difficult times in their lives.”

A judge since 2001, Henderson tried for another four-year term despite his last being marred with sexual-harassment accusations from female prosecutors, his removal as head judge of juvenile court and a 90-day suspension handed down from the Kansas Supreme Court.

He fell to Assistant County Counselor and former prosecutor Tyler Roush, who maintained a comfortable lead over Henderson and local attorney Shawn Elliott throughout the night.

Roush won 45 percent of votes, according to unofficial election results posted on the Sedgwick County Election Office’s website.

Elliott received 39 percent.

Roush will assume the judgeship in January because there is no Democrat running for the seat.

He said late Tuesday that he was thrilled with the win.

Throughout his campaign he told voters his victory would restore integrity to the seat.

“I’m really proud that the voters could see what we’re trying to do with this campaign,” Roush said, adding that he plans to be a judge “for the whole county” including those who didn’t vote for him.

“I appreciate being given the opportunity, and everyone will have a fair shake in my courtroom,” he said. “ ... I hope to serve the county in this position for a long time.”

Tuesday’s loss isn’t the last of the fallout Henderson might face over the sexual harassment accusations. Next month, the Kansas Supreme Court will hear oral arguments and decide whether to impose a second suspension – this one 30 days – on Henderson after a state panel found he wasn’t credible or candid when he testified about the sexual harassment allegations. The arguments are scheduled for Sept. 12.

Prior to the harassment complaints, Henderson had no disciplinary record and was one of the judges better rated in The Eagle and the Wichita Bar Association’s biennial surveys asking attorneys to evaluate judicial performance. He also has been praised for his dedication to juvenile justice.

He was one of two incumbents challenged in Tuesday’s Republican primary.

Judge Patrick Walters, a judge since 2009, ended the night with a slight lead over local attorney Linda Kirby. But with only 121 votes separating the pair and provisional ballots left to count, the race was too close to call. Final results are expected Monday.

Walters’ courtroom presence, which some have found overly assertive and abrasive, has been the subject of discontent in recent years. He first took the bench in 2009 and now works in juvenile court.

Kirby, meanwhile, has routinely been among the lowest rated candidates on the judicial survey. If Walters is deemed the winner, the race would mark Kirby’s third unsuccessful bid for a Sedgwick County judgeship.

Other judicial wins

In the race for the Division 3 seat, attorney and Municipal Judge Gregory Keith secured a 51-48 win over attorney Carl Maughan, husband of sitting Sedgwick County Judge Faith Maughan. The seat is open because Dan Brooks chose not to file for re-election.

Jeff Dewey beat out Quentin Pittman and Robert Holubec for the Division 21 seat with 51 percent of the vote. Pittman was a close second, garnering 39 percent support. Holubec, meanwhile, trailed at 9 percent. All are Wichita attorneys. The seat was left open by Doug Roth’s retirement in June.

None of the candidates or sitting judges face opposition in the general election in November.

This year, 15 judges ran unopposed. They are Bruce Brown, Eric Commer, David Dahl, James Fleetwood, Jeffrey Goering, Phillip Journey, Christopher Magana, Deborah Hernandez Mitchell, Kevin O’Connor, Terry Pullman, Kevin Smith, Jeffrey Syrios, Stephen Ternes, Warren Wilbert and William Woolley.

One candidate, attorney Eric Williams, will take the bench in Division 6 without having faced opposition. The seat is now occupied by Harold Flaigle, who is not seeking another term.

This story was originally published August 2, 2016 at 7:40 PM with the headline "Judge Henderson loses; Kirby-Walters race too close to call."