Three nominated for Supreme Court

TOPEKA—Two Court of Appeals judges and a Lyon County district judge today were nominated to fill a vacancy on the Supreme Court created by the August 4th death of Chief Justice Robert E. Davis.

Gov. Mark Parkinson will have 60 days in which to pick from among Chief Judge Merlin G. Wheeler, Emporia, Court of Appeals Judge Nancy L. Caplinger, or Court of Appeals Judge Thomas E. Malone as the new justice. The Supreme Court Nominating Commission interviewed 13 applicants for the vacancy Monday and Tuesday before arriving at the nominees.

Judge Caplinger has been a member of the Court of Appeals since October 2004. Before that, she served as an assistant U.S. Attorney, which culminated in her role with that office as head of its appellate division. She began her legal career as a research attorney for former Supreme Court Justice Harold S. Herd from 1985-1987 and then served two years as a law clerk for U.S. District Judge Patrick Kelly. The judge had a general litigation practice in the Overland Park firm of Spencer Fane Britt & Browne from 1989 to 1995 before being appointed assistant U.S. Attorney.

Judge Caplinger received both a BBA degree and a law degree from Washburn University.

Judge Malone was appointed to the Court of Appeals in 2003 and has twice before been nominated as a finalist for a position on the Supreme Court. Before his appointment to the Court of Appeals, Judge Malone served as a Sedgwick County District Judge from January 1991 to May 2003. Before that, he was with the Wichita law firm of Redmond & Nazar, from 1979 to December 1990.

Judge Malone is a graduate of Newman University and the Washburn University law school. He also has attended the National Judicial College and the Institute of Judicial Administration at New York University School of Law.

Judge Wheeler has been chief judge of the two-county 5th Judicial District, which includes Chase and Lyon counties, since 1997. He was appointed to the Lyon County bench in 1990, following private practice in the firm of Perkins, Hollembeak & Wheeler, Chtd. Before engaging in the general practice of law, Judge Wheeler was employed as the full time City Attorney for Emporia from 1977 to 1980. His judicial tenure includes two assignments to the Court of Appeals.

Judge Wheeler is a graduate of Dodge City Community College, Emporia State University and the Washburn University School of Law.