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Kansas Supreme Court Chief Justice Lawton Nuss, left, with former Shawnee County District Judge Franklin Theis.

TOPEKA—The Kansas District Judges Association presented its top honor to Judge Franklin Theis of Topeka.

The association presented its Award for Judicial Excellence to Theis at its recent annual meeting in Wichita.

"It was surprising, overwhelming, and unexpected," Theis said. But he said the honor was "the perfect icing on the cake. I can't imagine a better way to go out."

When Theis stepped down from the bench in July, he was the longest-serving judge in Shawnee County, which is the 3rd Judicial District. He became an associate district judge in 1977, then a district judge in 1987, for a total of 42 years on the bench. The courtroom where he sat the past 32 years has been named in his honor.

Theis said a judge often receives notoriety because of high-profile cases, but he believes "your reputation comes from your day-to-day work."

Chief Judge Evelyn Wilson of the 3rd Judicial District was among those nominating Theis for the award.

"For more than 42 years, Judge Theis has been a flagship for judicial scholarship," Wilson wrote. "He has presided over some of the most difficult and protracted cases to come before a district court, and he has performed his duty with a dedication to the faithful and complete application of the law that is truly rare. His written opinions always are thoughtful and thorough. His attention and respect have been afforded attorneys, witnesses, and litigants without regard to wealth or station."

Wilson noted that Theis even was late to his farewell party because of his dedication to his job.

"Incredibly, he empathized with real people and their legal problems to such a degree that he was late to his own retirement reception. Right before 5 o'clock on his last official day, Judge Theis signed his final orders—hot off the press. He has provided a remarkable example to those of us who have had the privilege to practice before him or preside with him as our colleague and friend."

Gregory Lee, a Topeka lawyer and a Topeka Bar Association board member, said Theis was well known for his knowledge of the law; his considerate treatment of attorneys, litigants, and the public; and his outstanding reputation among his peers and voters.

Lee, who has practiced law in Topeka since 1979, said Theis was involved in several notable cases. Theis heard the first testimony in Shawnee County about DNA evidence, ruling that it was admissible and leading to the eventual release of a man who had been imprisoned more than six years because the DNA evidence exonerated him. Theis also was among the first to grant news outlets permission to photograph a trial.

“Judge Theis was a lawyer’s judge who applied the facts to the law and always wrote or announced a well-reasoned decision," Lee said. "He also had a keen sense for fundamental fairness, never letting the scales of justice tip in favor of a party whose position was not supported by the facts or the law.”

Theis graduated from the University of Kansas School of Law in 1967 and worked briefly in private practice. He then worked in the executive branch of government, including chief attorney for the Department of Administration and the staff of the Kansas attorney general. His father, Frank G. Theis, was a longtime U.S. District Court judge in Kansas.

The Kansas District Judges Association Award for Judicial Excellence is presented to a member or former member of the Kansas judiciary who has served with integrity, dignity, and honor and has conscientiously performed his or her judicial duties so as to promote and elevate confidence and trust in the judicial branch.

Criteria include:

  • knowledge of the law and appropriate application of it to the issues and cases that come before the court;

  • considerate and mindful treatment of attorneys, litigants, witnesses, and the general public in daily performance of judicial duties; and

  • reputation and respect among peers, attorneys, litigants, and the general public.

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