Marion prosecutor’s sister-in-law holds expiring liquor license that helped ignite furor
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Kansas newspaper controversy
A police raid Friday on a local newspaper in Marion, Kansas, sparked First Amendment concerns across the country.
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Marion County Attorney Joel Ensey will decide whether to bring criminal charges in the investigation that led police to conduct a widely condemned raid on a Kansas newspaper, but he’s also the brother-in-law of the business owner whose expiring liquor license helped kick off the firestorm.
When Marion Police Chief Gideon Cody raided the Marion County Record last week, the search warrant he obtained allowed his officers to take items and information related to the “identity theft” of Kari Newell, a local restaurant owner.
After days of intense criticism of the raid that upended Marion, a city of fewer than 2,000 in central Kansas, Ensey withdrew the search warrant on Wednesday and law enforcement returned computers and other property taken to the Record. Ensey said in a statement that he had found insufficient evidence linking the items taken to the alleged crimes.
But the Kansas Bureau of Investigation is continuing to investigate after taking charge of the inquiry on Monday. The agency plans to submit its findings to Ensey, who will then decide whether to file charges.
Ensey’s brother is Jeremy Ensey, who with his wife Tammy Ensey owns Marion’s Historic Elgin Hotel, where the restaurant Chef’s Plate at Parlour 1886 is located. The hotel’s liquor license is currently held by Ensey, but is only valid through Aug. 28.
Newell owns Chef’s Plate and is seeking her own liquor license. She has accused the Record of “illegally” obtaining her personal information related to a past DUI that potentially threatens to hold up the license. The newspaper has called the allegation false.
Newell is a dominant force in Marion’s restaurant scene. In addition to Chef’s Plate, in June she opened Kari’s Kitchen, a coffee shop and cafe.
Wichita-based attorney John Stang, a past president of the Kansas Association of Criminal Defense Lawyers, wrote in an email that he “would not be surprised” if Ensey recuses himself “given the connections you point out.”
“The County Attorney is a very nice and fair man,” Stang wrote.
Ensey, a Republican, was first appointed county attorney by local party officials in 2019 after the previous prosecutor resigned to become a judge. Ensey was a public defender in Ellsworth at the time, but had previously been a prosecutor in Seward County.
In an interview with The Star, Tammy Ensey said the search and seizure at the newspaper “has created quite a ruckus” in the normally quiet town. She said she did not think her brother-in-law has a conflict of interest.
“I haven’t spoken to him about it until today,” she said. “But I had to call him and say ‘Joel, hang in there.’ He’s getting a lot of flack and I think that’s because of the misinformation that’s out there.
But you know, he’s just been there trying to do his job just like the police and just like this Marion Record and just like us.”
Steve Leben, a former Kansas Court of Appeals judge who is now a law professor at the University of Missouri-Kansas City, said under rules governing conflicts of interest among lawyers, attorneys must withdraw if there’s a substantial risk that the representation of their client would be “materially limited” by the attorney’s personal interest.
“The argument here would be that his personal interest in supporting his family would color his decisions,” Leben said. “Given that this is a brother and sister-in-law, I don’t know that that’s a particularly strong argument, that … disqualification would be required.”
Joel Ensey didn’t respond to a message left with the Marion County Attorney’s Office on Friday. Newell couldn’t be reached for comment.
In Kansas, liquor licenses are valid for two years at a time. According to the Chef’s Plate at Parlour 1886 website, the restaurant currently has a full-service bar.
According to unofficial minutes for the Marion City Council’s Aug. 7 meeting, the city council voted 4-1 to approve a request by Newell to move forward on a liquor license for Chef’s Plate. Councilwoman Ruth Herbel, whose home was later searched by police, voted no.
Tammy Ensey said she and her husband started the restaurant in 2019 and later offered to sell it to Newell, who was employed there as a chef. The deal went into effect Feb. 1.
“The hotel does have a liquor license that (Newell) operates under because she’s on our address,” Ensey said. “And we have done the proper background checks to ensure that she meets all the regulations or requirements of the state, so that would include not having a felony on your record.”
Since the hotel and the restaurant are separate, the Enseys decided not to renew the liquor license this month because the rest of the hotel doesn’t need it and it was expensive, she said.
The Star’s Anna Spoerre contributed reporting
This story was originally published August 18, 2023 at 4:37 PM with the headline "Marion prosecutor’s sister-in-law holds expiring liquor license that helped ignite furor."
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