Tod Davis enters the next chapter of his professional career with equal parts humility and honor, “all the more so because I’m getting to follow Judge (Thomas) Saxton, really a great magistrate.”
Davis, 53, was sworn in Aug. 29 as magistrate judge for Kansas’ 31st Judicial District to hear cases primarily in Allen and Wilson counties. He succeeds Saxton, who retired this summer after nearly 30 years.
Davis is quick to correct anybody who says he’s “replacing” Saxton on the bench.
“You can never replace a Judge Saxton,” Davis said. “You can follow him. Getting appointed to the bench is special in itself, but it’s even more special to follow him.”
A south Texas native, Davis spent his middle school years in Kansas City and attended high school in St. Louis with a career path in law already planned.
He attended law school at the University of Missouri-Kansas City with the intention of eventually joining a firm in a metropolitan area, likely Kansas City or St. Louis.
As fate would have it, the job market upon his graduation was tight, and out of all the internship applications he filed, he received only one response, out of Rolla, Mo., population 19,000.
“It completely changed my outlook for small town life,” he said. “As great as law is, it’s even better in a small town. There’s just no comparison to practicing in an urban setting.”
Much of that is derived from working with the same group of colleagues on a regular basis.
“If you’re an attorney in Kansas City, you may deal with another attorney once and never see them again,” Davis noted. “You don’t necessarily have to be friends, but when attorneys work well together, it benefits the client.”
DAVIS clerked for a private firm in Rolla, where his boss had set his sights on running for office as a circuit judge. In Missouri such positions are determined by election.
“He was unsuccessful, but through that process I came to know I wanted to stay in a small town,” Davis said.
He eventually made it to Chanute, where he became one of the first members of the Southeast Kansas Public Defenders Office when it was formed in the early 1990s.
Davis, who also operated a private practice in Parsons, opened an office in Iola in 2001 before health issues a few years later prompted him to return to the Public Defenders Office. He remained there for the next nine years, leading to Saxton’s retirement announcement earlier this year.
A nominating committee tapped Davis in July over eight other candidates as Saxton’s successor.
“As an attorney, I always thought it’d be nice to be a judge, because it’s the apex,” he said. “But I didn’t know if it was a realistic opportunity because those positions in rural areas don’t come up very often.
“There are a couple of reasons I wanted to be a judge,” Davis continued. “One set of reasons is selfish. The other set revolves around wanting to be a judge to further the ends of justice, and I’ll strive to do that in all areas.”
The appointment comes with a range of bittersweet emotions tinged with pride, he admitted.
“I hate to see judges like Judge Saxton leave because it’s been such an honor to work with him.”
The pride comes from recognizing the other candidates vying for the judgeship.
“As excited as I am, I also recognize there were eight other great candidates, and any of them would have been great picks,” he said. “I’ll say this to them, and all of the people in Allen and Wilson County. I’m going to do the best I can to serve them. I will not take this position for granted. I will not take this honor for granted.”
AS JUDGE, Davis almost certainly will preside over cases involving former clients.
“I’ll tell everybody, and I’ll tell them that I’m no longer advocating them,” Davis said. “On the flip side, there’s nothing about my representation that’s going to be biased against them. Of course, there may be some circumstances where it’s not appropriate for me to be a judge over them.”
In those cases, another judge will be appointed, he said.
ON A LIGHTER note, Davis said he hasn’t been given a gavel. “I’m not sure if I get one.”
He also finds himself doing double-takes when colleagues address him as “Judge” or “Your Honor.”
“I’ve known most of these guys for 20 years,” he noted. “I’m not used to that part yet.”
Davis lives in Chanute with his wife, Kay.
