Judge who signed warrant to search Kansas newspaper had two DUI arrests

A stack of the latest edition of the weekly Marion County Record sits in the back of the newspaper’s building in Marion, Kansas, on Wednesday. The newspaper’s front page was dedicated to two stories about a raid by local police on its offices and the publisher’s home on Aug. 11.

John Hanna/AP

Police in Kansas have returned cellphones, computers and other equipment to the Marion County Record, less than a week after a raid on the small-town newspaper was widely criticized as a likely violation of federal law.

In another development, news emerged that Magistrate Judge Laura Viar, who signed the search warrant allowing police to seize the equipment, was arrested at least twice for driving under the influence. Those 2012 arrests came months apart in two counties — and it’s not clear how much information was shared between officials at the time, The Wichita Eagle reports. (See below for more on the allegations.)

The extraordinary Aug. 11 raid drew national and international headlines because it seemed to run counter to long-established press freedoms and guarantees. Such actions are nearly unheard of in the U.S.

“It’s very rare because it’s illegal,” First Amendment attorney Lynn Oberlander told NPR. “It doesn’t happen very often because most organizations understand that it’s illegal.”

Here’s a quick recap of where things stand:

DUI records have been pivotal to the case in Marion

It was a confidential tip to the Record about the DUI history of Kari Newell, a local restaurant and catering company owner, that set incidents in motion. The paper says it confirmed Newell had lost her driver’s license, using a public website….