FORT SCOTT, Kan. — Senior Judge Merlin Wheeler set a trial date of Monday, July 6, for County Commissioner Mika Milburn-Kee during a Zoom hearing held Wednesday afternoon.
The trial is scheduled to begin at 9:00 AM at the Bourbon County Courthouse and is expected to last three days. A jury of six members and one alternate will be selected from a pool of approximately 50 to 60 candidates.
Milburn-Kee faces two misdemeanor charges:
- Interference with the conduct of public business in a public building: A Class A misdemeanor with a penalty of up to 12 months in jail, a fine of up to $2,500, or both.
- Disorderly election conduct: A Class B misdemeanor with a penalty of up to six months in jail, a $1,000 fine, or both.
Judge Wheeler said during the hearing that while a formal reading of rights and charges is standard during a first appearance hearing, Milburn-Kee had previously entered a plea of "Not Guilty" to both counts and waived her right to the formal readings in a court filing dated April 15.
Milburn-Kee is represented by Tricia A. Bath and Thomas J. Bath Jr. of the law firm Bath & Edmonds P.A., while the State of Kansas is represented by Assistant Attorney General Olivia R. Higdon.
When asked by the court if there had been any movement toward a plea agreement, defense attorney Tricia Bath noted that the parties had a brief discussion that morning. Assistant Attorney General Higdon said that no formal plea offer had been extended as of the time of the hearing.
Judge Wheeler informed both parties that if they were interested in mediation, he could request a judge through the Office of Judicial Administration (OJA) to assist in those efforts.
The court also heard discussions regarding the use of a supplemental juror questionnaire. This measure was proposed as a means to streamline jury selection and mitigate concerns that pretrial publicity might have already shaped the opinions of potential jurors.
Judge Wheeler set a June 15 deadline for the parties to submit any proposed questionnaires to the court. A final pre-trial conference is scheduled to be held via Zoom on June 26.
Before adjourning, Wheeler said that this trial marks the first time in his career he will be presiding over these specific charges. He requested that the parties notify the court if any resolution is reached prior to the July trial date.
Following the hearing, Milburn-Kee was ordered to go to the Bourbon County Sheriff's Office to be processed and released.
The Bourbon County Monitor will continue to report on the story as it develops. An article detailing the incident that led to the charges can be found here.
