In Memory of Judge David John Waxse

June 29, 1945-March 4, 2023

Members of the Johnson County First Amendment Foundation and the Kansas 1st Amendment Foundation are deeply saddened by the news of Judge David J. Waxse’s passing.  He was 77 years old. Judge Waxse, who has recently been battling Lewy Body Disease, was a founding member of the Johnson County First Amendment Foundation Advisory Board.  Judge Waxse, along with Eugene Balloun, were the lead attorneys for the plaintiffs in the court decision of Case vs. USD 233, Olathe Public Schools, which led to the establishment of the Johnson County First Amendment Foundation.  The memorial message published in the Kansas City Star mentioned Judge Waxse’s many contributions to the legal profession and our justice system in Kansas.  Not the least of which was his contributions in support of the Johnson County First Amendment Foundation.  In order to honor Judge David J. Waxse’s contributions to a more just society as an attorney and a Federal Magistrate Judge in the State of Kansas, the Kansas 1st Amendment Foundation will name the organization’s Summer Lecture Series the Judge David J. Waxse Memorial Lecture Series.  The mission of the Kansas 1st Amendment Foundation is to promote a better understanding by students and educators of Constitutional issues relating to the Bill of Rights and particularly the First Amendment. 

May Judge Waxse’s family, friends, and colleagues find comfort.

In Remembrance: Eugene Balloun, Founder and ex officio member, The Johnson County First Amendment Foundation:

I first met Dave Waxse when he was one year out of law school, and was immediately impressed with his dedication to the law and his profoundly caring nature.  He was intent on securing justice for all, with particular concern for the indigent and others with limited access to the legal system. His dedication never wavered over the years, even when he was isolated by others, including some of his law partners, because of his views on pro bono work and the representation of those involved in unpopular causes.  I was privileged to practice with Dave for almost all of his career until he became a Judge.  We tried cases together, both pro bono and for paying clients.  My most memorable trial experience with Dave was when we represented the high school students in the Annie on My Mind case after the Olathe Schools banned the book from its libraries.  Although this was a pro bono case, our success in achieving a great result and receiving a strong opinion by Federal Judge Van Bebber that vigorously defended the First Amendment entitled us to an award of attorney fees to be paid by the school’s insurance company.  Those fees were donated as the genesis of the Johnson County First Amendment Foundation. Dave went on to become an outstanding Judge and was always ready to share his great insights with other judges and lawyers all over the country. He traveled extensively and at a considerable personal sacrifice in helping to educate others.  Dave was one of the most courageous lawyers I have ever known.  Every day I will miss his wisdom, generosity, wit, and his dedication to the rule of law.  Most of all, I will miss my dear friend.