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Mary Mattivi
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Mary Elizabeth Koziacki Mattivi is a judge for the Third Judicial District in Kansas. She was appointed on October 2, 2012, by Governor Sam Brownback to fill the vacancy left by Judge Daniel Mitchell's retirement.[1] She was retained in 2014 for a term that expired on January 13, 2019.[2]
Elections
2014
Mattivi was retained to District 3 with 63.2 percent of the vote on November 4, 2014. [2]
Education
Mattivi attended Rosati-Kain High School, and went on to earn her undergraduate degree from Southeast Missouri State University. She received her J.D. from Washburn University of Topeka.[1][3]
Career
Mattivi was admitted to the Kansas Bar in 1995.[3] She started her career in law as an assistant county attorney in the Lyon County and Jackson County Attorney's Offices. She also worked as a Shawnee County assistant district attorney, served as a city prosecutor for the Maple Hill Municipal Court, and worked for the Kansas Board of Healing Arts as an associate litigation counsel. Before serving on the Third District, Mattivi substituted as a pro tem judge in Shawnee County and in the Topeka Municipal Court.[1]
Noteworthy cases
Craigslist sperm donor case (2014)
Judge Mattivi ruled on January 18, 2014, that a man who donated sperm to a lesbian couple must pay child support.[4]
William Marotta responded to a Craigslist ad in which lesbian couple Angela Bauer and Jennifer Schreiner requested sperm for an artificial insemination. He provided sperm for Schreiner, who later bore the child. He also signed a contract waiving his parental connections. However, the State of Kansas now says Marotta owes almost $6,000 in child support, and will be liable for future payments as well. This came as the result of a lawsuit filed by The Kansas Department for Children and Families (DCF) in late 2012.
In Judge Mattivi's ruling she pointed out that the absence of a licensed physician disqualifies Marotta from being considered a sperm donor rather than a father in the eyes of the law.[5]
Mattivi asked to recuse herself, June 12, 2013
In May of 2013 Mattivi was asked to recuse herself from the case. Marotta's attorney called for Mattivi to disqualify herself from the case but did not give a reason for the request, in accordance with state statute.[6] Reasons for recusal may include a judge formerly being a lawyer or witness on the case or related to someone involved in the case, or a judge having personal interest or bias in the case.[7]
On June 12, 2013, Mattivi denied the motion of recusal, and the affidavit calling for her recusal became public record. In it, the defense claimed the court appeared to have prejudged the case and also appeared to advocate for the state.[7]
See also
External links
- Kansas Judicial Branch, "Case load statistics"
- Kansas Judicial Branch
- The Capital-Journal, "Former ADA Mattivi embraces new judicial robe," November 2, 2012
- The Capital-Journal, "Pro tem judge to wear robe of a district judge," October 8, 2012
- The Capital-Journal, "Twelve Topeka lawyers seeking Mitchell's seat as judge," August 17, 2012
Footnotes
- ↑ 1.0 1.1 1.2 CJOnline.com, "Pro tem judge to wear robe of a district judge," October 8, 2012
- ↑ 2.0 2.1 Kansas Secretary of State, "Candidates for the 2014 General (unofficial)," accessed June 10, 2014
- ↑ 3.0 3.1 Martindale.com, "Mary K. Mattivi - Lawyer Profile"
- ↑ The Kansas City Star, "Judge rules that Kansan who provided sperm to lesbian couple owes child support," January 22, 2014
- ↑ Liberty Voice, "Sperm Donor to Lesbian Couple Ordered to Pay Child Support," January 22, 2014
- ↑ CJOnline.com, "Sperm donor defense calls for judge to recuse herself," May 20, 2013
- ↑ 7.0 7.1 CJOnline.com, "Judge denies motion to recuse herself in sperm donor case," June 19, 2013
Federal courts:
Tenth Circuit Court of Appeals • U.S. District Court: District of Kansas • U.S. Bankruptcy Court: District of Kansas
State courts:
Kansas Supreme Court • Kansas Court of Appeals • Kansas District Courts • Kansas Municipal Courts
State resources:
Courts in Kansas • Kansas judicial elections • Judicial selection in Kansas
