Kansas Supreme Court debates judge who shared nude photos

The judge retired in May, three days before the Kansas Commission on Judicial Conduct recommended that he be disciplined.

TOPEKA, Kan. – The Kansas Supreme Court is considering whether a retired judge should be disciplined for sending nude photos of himself to an online site for swingers.

The court heard arguments Thursday in the case of former Russell County Magistrate Judge Marty Clark, who retired in May, three days before the Kansas Commission on Judicial Conduct recommended that he be disciplined.

Todd Thompson, who argued for the commission, said Clark sent photos to the Club Foreplay site as well as “salacious” texts to a woman discussing a possible sexual encounter in the judge’s chamber, The Wichita Eagle reported.

The woman’s husband filed a complaint with the commission last year.

Thompson argued Clark, who is in his 50s, should be barred from being a judge again unless he receives education on the integrity of the judicial branch.

Clark’s attorney, Chris Joseph, said punishing Clark for sending nude photos to a private channel on his own time would be setting dangerous precedent. He said morality should not be a basis for discipline unless there is a direct connection to the job.

Clark was appointed to the bench by Gov. Bill Graves in 1998.

The justices took the case under advisement.