In Matter of Clark, the Kansas Commission on Judicial Performance had publicly censured a Magistrate Judge who had posted nude pictures of himself on a "dating website for couples"—something the Commission concluded violated Canons that mandated that "Judges should maintain the dignity of judicial office at all times, and avoid both impropriety and the appearance of impropriety in their professional and personal lives" and that they not "demean the judicial office."
The Magistrate Judge had since retired, and didn't challenge the discipline, so the court concluded that it should "accept the [retired judge's] stipulations and take no additional action." But Justice Caleb Stegall wrote an interesting concurrence (joined by Justice KJ Wall), which struck me as worth quoting at length:
[I]n my judgment, while Judge Marty K. Clark's behavior was embarrassing, foolish, and grossly immoral, it was not a violation of any of our rules governing judicial conduct. Because—let us be clear—the behavior we are talking about consists entirely of the lawful, private, consensual sexual practices of Judge Clark. Behavior that was only discovered by the Examiner and the Commission because it was disclosed by a disgruntled participant in that behavior.
