Wyandotte County DA asks chief judge to reassign cases amid misconduct claims
AI-generated summary reviewed by our newsroom.
- Prosecutors from DA Dupree's office will no longer appear before Judge Martinez.
- Mark Dupree asked Chief Judge Burns to reassign Judge Martinez’s pending criminal cases.
- Martinez has prior discipline from the Kansas Commission on Judicial Conduct.
Wyandotte County District Attorney Mark Dupree says prosecutors in his office will no longer appear before a judge he has accused of years of misconduct, including making inappropriate comments and trying to influence how prosecutors handled criminal cases.
In a July 10 letter to Chief Judge Robert Burns, Dupree asked that District Judge Tony Martinez’s pending criminal cases be reassigned to other judges, saying prosecutors had “reached a point where continued appearances before Judge Martinez are no longer tenable.”
Dupree described what he called “a consistent pattern of conduct that has eroded confidence in his ability to fairly and impartially preside over criminal matters.”
He also accused Martinez, who is running for reelection, of repeatedly stepping beyond the traditional role of a judge by trying to influence plea agreements. Martinez was elected in 2019.
“The cumulative effect of these actions has undermined the confidence of this office in Judge Martinez’s ability to preside fairly and impartially over criminal matters prosecuted by the State,” Dupree wrote.
Martinez did not respond to multiple attempts to reach him for comment.
In his letter to the chief judge, Dupree said that Martinez objected when prosecutors wanted to dismiss some misdemeanor charges as part of plea agreements. Martinez also rejected several negotiated plea deals and insisted that certain defendants receive jail time even when prosecutors and defense attorneys had reached agreements.
Burns said he has reassigned the district attorney’s cases to other judges but declined to comment on the allegations.
“Judge Martinez continues to hear other types of cases,” Burns said.
Dupree’s office did not respond to follow-up questions about the letter or whether there was precedent for prosecutors refusing to appear before a sitting judge.
Letter details allegations against Martinez
Dupree’s letter also alleges Martinez improperly handled several court hearings involving criminal defendants.
Dupree alleged Martinez denied one defendant’s request for a trial on a speeding ticket in 2023 and, in another case, ordered a defendant into custody before either attorney had a chance to speak during a plea hearing in 2024.
Dupree also accused Martinez of making inappropriate comments to prosecutors and law student interns.
Martinez told a Hispanic assistant district attorney with a crooked tie that he needed to “look important, not imported,” according to the letter.
In another example, Dupree alleged Martinez questioned a Black law student intern after she dismissed charges against a Black defendant and told her not to discuss the conversation with her supervisors.
“Judge Martinez told the intern that she should not let the fact that a defendant is Black cloud her judgment and should not treat the defendant differently based on his race,” the letter said.
Dupree wrote that the breaking point came during a July 9 contempt hearing. According to the letter, Martinez repeatedly interrupted him while he was addressing the court, “effectively told me to sit down and shut up,” and threatened to remove him from the counsel table.
“This decision was not made lightly,” Dupree said in the letter. “However, my foremost obligation is to ensure that justice is administered fairly, impartially, and in accordance with the law.”
Martinez has faced previous ethics complaints
The Kansas Commission on Judicial Conduct has publicly disciplined Martinez in multiple instances, according to court records.
In one case, the panel concluded Martinez improperly allowed two high school students to sit with him on the bench during a hearing despite an objection from one of the parties.
It also ordered him to stop using courtroom facilities in campaign materials. Martinez received an admonishment from the panel.
In another instance, the panel further found that Martinez made Facebook posts about pending cases that “do not promote public confidence in the integrity and impartiality of the judiciary” and improperly used his position as a judge to promote local businesses on social media.
