A Shawnee County district judge who testified at the sentencing of the man who killed Beau Arndt has been censured.
Judge Dan Mitchell on Aug. 12 testified in Lyon County District Court that he'd known Theron Thomas Kent for 20 years. Mitchell's testimony came during the sentencing for Kent, who was convicted June 30 of involuntary manslaughter and two misdemeanors — criminal hunting and criminal discharge of a firearm. The charges stemmed from the Dec. 15 shooting death of Arndt of Americus. The 18-year-old was hidden in a blind while hunting geese with friends when Kent fired a single rifle shot into the field in northwest Lyon County. The shot hit Arndt.
After The Gazette's article on the sentencing appeared, the Kansas Commission on Judicial Qualification questioned Mitchell about his testimony, according to an order released Friday. Mitchell admitted to the state board that he did offer testimony as a character witness and "acknowledged that it was a mistake to testify voluntarily, and he expressed regret for the impropriety of his action," the order stated.
Indeed, according to the order, Mitchell violated the Code of Judicial Conduct, which prohibits judges from voluntarily testifying as a character witness.
According to the code of conduct quoted in the judicial order, a judge testifying as a character witness "may lend the prestige of the judicial office in support of the party for whom the judge testifies."
The order, dated Nov. 12, was signed by Mitchell on Wednesday. According to the news release that accompanied it, no further action is expected.
Kent is serving nearly three years in prison for his convictions. His earliest possible release date, according to the Kansas Department of Corrections, is Nov. 18, 2010.
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