Page 6 University Daily Kansan, September 20. 1982 Malone adjusts to new position as judge Steven Mockler/KANSAN Mike Malone explains his thoughts about the transition from arguing cases as district attorney to deciding them as district court judge. By CAROL LICHTI By CAROL LIGHT Staff Reporter Wearing a judge's robe with gavel in hand, Mike Malone does not look like a law student. But that is what he claims to be. "I perceive myself as a student of law at all times," Malone, the new Douglas County associate district court judge, will be a law student for the rest of my life. MALONE had to make some adjustments several weeks ago when he switched from the role of prosecutor to his new role as judge. The functions of the two jobs are totally different, he said. In the nine years since Malone graduated from the KU School of Law, he has worked in the district attorney's office, serving five years as district attorney, and now is serving as an associate district court judge. "You change from the role of the advocate to the arbitrator," he said. "That active role in the courtroom ceases and you become the determiner of facts in the law — that's been difficult to adjust to." ADVENTURE a bookstore • Phone orders accepted • Stamp & Coln supplies 843-6424 As district attorney, Malone was used to making decisions. "But the judge always made the final decision. Now I am the final decision." he said. "You have to bend the law to the facts and think what should happen," he As a prosecutor, he said he "was big on being prepared." He tried to know everything about a case before he entered the courtroom. IN DECIDING a case, Malone said he could rely only on the evidence presented by the attorneys and apply those facts to laws. Now, as a judge, he must stay isolated, "neutral, detached and objective — not subject to all that extraneous stuff that affects people." "YOU CAN'T in any way participate in out-of-court discussions that might affect your ruling if you're serious about being a good judge — and I am." Malone said he was careful about what he read in the newspaper, because he did not want to subconsciously affect a future ruling. Now that he has been a judge, Malone said, he thought the judicial system had "the need to have a judge who doesn't participate in woodshedding. A judge should respect the facts and go into court with an open mind. The presumption lying with the proper parties is so important to the system." "I always assumed it was happening," he said. "Now, as a judge, I see the importance of it occurring. A judge's decision evidence limits the court's discretion." "It's an awesome responsibility." AS DISTRICT attorney, Malone said he had the discretion to decide which laws should receive the highest prizes. If he judges, he does not have that discretion. The judge's discretion comes through sentencing, he said. "It's a much more confining discretion because you make your decision based on what's in front of you and nothing else," he said. In making a sentencing decision, Malone said he weighed the tangible factors with the crime, the extent of the injury to person and property, the severity of the charge, and promptly the community and the likelihood that the crime would happen again. "If there were guidelines that every one went by, you wouldn't need a judge You could use a computer." SNEAKER'S CLUB ORGANIZATION MEETING KU Fitness Club Room 138 7:30 p.m. PUNTHOMEWORK! Green Bay vs. New York at GENERAL*S QUARTERS - BIG SCREEN T.V. - $1.50 PITCHERS - 50c NACHOS 711 W. 23rd Behind Malls Shopping Center E-Systems continues the tradition of the world's great problem solvers. Maxwell's electromagnetic field theory led to huge practical scientific advances. His light theory led to his own development of one of the first color photos and the kinetic theory of gases. 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