A judge has rejected the Kansas Attorney General’s bid to add a felony charge against Bourbon County Commissioner Mika Milburn-Kee on the eve of her trial, and the State responded by dismissing the case so it can refile all of the charges together.
At a June 26 pretrial conference, Senior Judge Merlin G. Wheeler denied the State’s motion to amend the complaint to add a third count, Intimidation of Voters, a severity level 7 nonperson felony. The State had filed that motion, with several others, the afternoon before the hearing. Milburn-Kee has faced only two misdemeanors since March. FortScott.biz reported the felony motion when it was filed June 25.
Assistant Attorney General Olivia Higdon said the State has evidence beyond a reasonable doubt to support the felony, and that the person it alleges was intimidated is,a witness (who is already on the witness list), Brandi Ross. The State said the charge rests on the original probable-cause affidavit filed when the case began, which already referenced voter intimidation. All of the counts stem from an Oct. 25, 2025 incident at the county commission room while it was being used as an early-voting polling place.
Milburn-Kee’s attorneys, Tricia and Thomas Bath, objected that the motion arrived too late to answer, that a substantive charge should be argued in person rather than over Zoom, and that adding a felony now would prejudice her rights. They cast the move as pressure tied to her decision to demand a jury trial.
Wheeler said this was not the first time the Attorney General’s office had brought last-minute charges in his courtroom, and he made clear he did not blame Higdon personally but the principals in her office. Because a felony would entitle the defense to a preliminary hearing that could not be held before the scheduled July trial, he denied the amendment.
Rather than go to trial on the misdemeanors alone, the State moved to dismiss the case and refile all three counts together, which Wheeler allowed. The July 6 through 8 jury trial is off. The case will restart under a new case number, and a first appearance and preliminary examination is set for Aug. 3 at 1 p.m. in Fort Scott, where the State must show probable cause for each count.
Speedy-trial clock
Wheeler was careful to lock in one point. Dismissing and refiling does not buy the State a fresh clock. Under Kansas’s speedy-trial law, K.S.A. 22-3402, a defendant who is out on bond must be brought to trial within 180 days of arraignment, not counting delays the defense causes. Wheeler ordered that the time already elapsed, which he dated to April 15, keeps running in the refiled case rather than starting over at zero. By that measure the State has until roughly mid-October to bring Milburn-Kee to trial.
Why no plea deal has materialized.
The Attorney General’s office does not make the first plea offer, so it would be up to Milburn-Kee’s lawyers to approach the State with a proposed plea or to apply for diversion, a stance Judge Wheeler called consistent with the standards for prosecutors. The Attorney General stated that the defense had not pursued any type of plea deal or diversion and indicated that, since it looked like the case was going to go to a jury trial, the state wanted to bring all the charges it believes it has enough evidence to convict on, including the felony it hadn’t filed previously.
Higdon cast the timing as an effort to give Milburn-Kee a way to resolve the case without losing her position. The State, she said, had hoped Milburn-kee’s defense would bring a plea that would let her keep her seat rather than take the case to a jury.
“Our intention with the filing was hopefully to be able to give her a plea offer where she would not have to leave office, with the Class A misdemeanor moving forward and dismissing the Class B,” Higdon said. “However, if this case was going to receive a trial, we wanted to be able to try the whole thing.”
Judge Wheeler also noted that the courthouse elevator is broken and not expected to be fixed in time, that he had been arranging an accessible location, and that he expected a large turnout given the political tension between the county commission and the county clerk.
A charge is an accusation, not a finding of guilt, and Milburn-Kee is presumed innocent unless and until a jury decides otherwise. FortScott.biz will report on the Aug. 3 hearing.