Judge's wife narrowly misses selection to jury

Topeka Capital-Journal, The, Jul 24, 2007 by Steve Fry

By Steve Fry

THE CAPITAL-JOURNAL

Half the couple of Shawnee County District Judge Thomas Conklin and Judy Conklin was very close to sitting in the jury box Monday to hear testimony about whether a 28-year-old man pulled a knife on two women on Aug. 8, 2006.

Through happenstance, the Conklins, who have been married for 38 years, initially were instructed to report for jury duty on the same day, a rarity. The Conklins were picked at random from thousands of registered voters, driver's license lists and state identification card holders, then instructed to report for duty on the same day.

Judy Conklin was one of 38 people called for jury duty who sat all Monday morning in a district courtroom during jury selection for the trial of Robby Jay Mendez, of Topeka, who is charged with aggravated assault, a felony.

During jury selection, District Judge Jan Leuenberger, the trial judge, noted the irony that Judy Conklin was reporting for duty in what normally is her husband's courtroom on the third floor of the Shawnee County Courthouse.

After the 12-member jury was picked, an alternate juror remained to be chosen.

The alternate juror is the person who steps in to serve if one of the original 12 jurors is unable to continue in the case due to illness or another crisis. Judy Conklin and two other women sat in chairs facing Leuenberger, the prosecutor and the defense attorney.

After questioning the potential alternates, the prosecutor and defense attorney trimmed Judy Conklin and a second woman, leaving a retired registered nurse to serve as the alternate juror.

Conklin, who teaches English and literature to seventh- and eighth-graders, wished she had been chosen to serve as the alternate. Each year she teaches "To Kill a Mockingbird," the Pulitzer Prize classic by Harper Lee. It would have been neat to talk to her students about serving as a juror in a criminal trial and how the trial process works, Judy Conklin said, adding she would request that Judge Conklin talk to her classes about the judicial system.

"The more educated they are (about the courts), the better chance you will have of them showing up for jury duty," Judy Conklin said.

Carol Ortega, jury coordinator, said all 38 people summoned for jury duty in the Mendez case reported for service.

Judge Conklin likely won't be called to serve because fewer jurors will be needed due to the settlement of several cases, Ortega said.

Steve Fry can be reached at (785) 295-1206 or steve.fry@cjonline com.