Attorney disciplinary complaint filed against former AG Phill Kline

By Earl Glynn on January 19, 2010
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Ron Keefover, Kansas Supreme Court spokesman, today announced a formal 2-count complaint against former Kansas Attorney General Phill Kline. 

 
Kansas Board for Discipline of Attorneys Complaint Against Phill Kline

Here’s a Wordle version of the complaint:

Wordle version of complaint against Kline

Wordle version of complaint against Kline

Press reports from Feb 27, 2009 indicated this complaint was expected almost a year ago.  In a telephone interview at that time, Ron Keevover said the complaint was expected by late Spring 2009.  No explanation has ever been given for the delay.

No explanation has ever been given for how a secret matter inside the Kansas Judiciary was known by the Kansas press before any official press release was made about the matter.

The hearings will be May 26-28 in Topeka:
 
Kansas Board for Discipline of Attorneys Notice of Hearing Regarding Phill Kline

The Office of the Discipinary Administrator  operates under Kansas Supreme Court rules, which exempts them from Kansas Open Record Act requests. 

The Kansas Commission on Judicial Qualifications deals with ethics cases involving judges, while the Kansas Board for Discipline of Attorneys deals with ethics cases involving attorneys.  While the judicial ethics commission issues an annual report providing some information about what they do, the attorney ethics board issues no annual report, denies open record requests, and operates almost completely in secret.

The panel to hear Kline’s case was identified in the documents above, and consists of three attorneys:

  • Jo Ann Butaud, Shawnee (Republican)
  • Calvin J Karlin, Lawrence (Democrat)
  • Jeffrey A. Chubb, Independence (Republican)

Past political contributions for the panel give some information about their background:


Jo Ann Bautaud

Contributor

Date

Dollars

Contest

Recipient

BUTAUD, JO ANN

11/26/1997

$125.00

Gov GRAVES, BILL

Contributor

Occupation

Date

Amount

Recipient

BUTAUD, JO A
SHAWNEE,KS 66216
EVANS & MULLINIX PA/ATTORNEY 9/29/09 $200 Moran, Jerry (R)
BUTAUD, JO ANN
SHAWNEE,KS 66216
ATTORNEY 4/5/96 $250 Moran, Jerry (R)

Calvin J Karlin

Contributor

Date

Dollars

Contest

Recipient

District

KARLIN CALVIN

11/8/1993

$100.00

Misc SLATTERY, JIM

 

KARLIN CALVIN

9/14/1994

$200.00

Misc SLATTERY, JIM

 

KARLIN CALVIN J

11/11/1994

$100.00

Misc SLATTERY, JIM

 

KARLIN, CALVIN

11/7/2003

$50.00

Senate BUHLER, MARK

2

KARLIN, CALVIN

10/11/2003

$50.00

House DAVIS, PAUL

46

KARLIN, CALVIN

12/9/2005

$50.00

AG MORRISON, PAUL

 

KARLIN, CALVIN

2/8/2006

$50.00

AG MORRISON, PAUL

 

KARLIN, CALVIN

2/11/2002

$200.00

Gov SEBELIUS, KATHLEEN

 

KARLIN, CALVIN

6/11/2002

$100.00

Gov SEBELIUS, KATHLEEN

 

KARLIN, CALVIN

12/19/2003

$100.00

Gov SEBELIUS, KATHLEEN

 


Jeffrey A. Chubb

Contributor

Date

Dollars

Contest

Recipient

District

CHUBB JEFF & BEVERLY

5/17/2000

$50.00

Senate SCHMIDT, DEREK

15

CHUBB JEFFREY A

11/11/1994

$100.00

Misc STOVALL, CARLA

 

CHUBB JEFFREY A

11/29/1994

$250.00

Misc STOVALL, CARLA

 

CHUBB, JEFF

11/8/2001

$50.00

AG ADKINS, DAVID

 

CHUBB, JEFF & BEV

2/14/2006

$100.00

SBOE SHAVER, JANA

9

CHUBB, JEFFREY A

11/18/1996

$100.00

Senate EMERT, TIM

15


The chair of the Kansas Board for Discipline of Attorneys, Sara S Beezley, is also listed as a recipient of the above documents.  Beezley’s political contributions include:

Sara S Beezley

Contributor

Date

Dollars

Contest

Recipient

BEEZLEY KELLER, SARA

6/11/2002

$200.00

Gov SHALLENBURGER, TIM
BEEZLEY KELLER, SARA S

12/12/2005

$100.00

AG MORRISON, PAUL

It’s unclear how members of the Board for Discipline of Attorneys can serve in an ethics case judging someone they gave political money against.   Political contributions to Paul Morrison and Kathleen Sebelius were against political stands taken by Phill Kline during the period covered by the complaint.

Others receiving the Notice of Hearing include:

  • Daniel E Monnat, Dr. George Tiller’s attorney (political contributor to Sebelius and Morrison through law firm)
  • Stephanie Hensel, identified in the complaint as a nurse and attorney, who was the presiding juror in the Grand Jury in Johnson County looking at Planned Parenthood.
  • Terry L Morgan, investigator for the Board for Discipline of Attorneys

Related


Contact: Earl F Glynn, earl@kansaswatchdog.org

Posted under Ethics, Judiciary, News, Politics & Elections.
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6 Comments For This Post So Far

  1. What?
    11:57 am on January 19th, 2010

    What low life scum……..there should be a State law that possesion of a law degree is a capital crime that is punishable by hanging.

  2. a
    12:24 pm on January 20th, 2010

    “It’s unclear how members of the Board for Discipline of Attorneys can serve in an ethics case judging someone they gave political money against. Political contributions to Paul Morrison and Kathleen Sebelius were against political stands taken by Phill Kline during the period covered by the complaint. ”

    Look into the recent Supreme Court decisions Caperton v AT Massey Coal. There’s a gray line with these sorts of things, but it’s very far away from passing judgment on someone who has political leanings somewhat different from your own. Many if not most attorneys make political contributions; wouldn’t it also be biased to ban any attorneys giving political contributions from disciplinary committees?

  3. Sam Kepfield
    5:06 pm on January 20th, 2010

    The reason for the delay is most likely this — the matter was referred in December 2008, in a published Supreme Court opinion. Normal procedure in an ethics investigation is to give notice to the suspected violator (also called the respondent), and provide them time in which to reply. After the reply is received, a copy is sent to those making the allegations. The Office of the Disciplinary Administrator then decides whether or not to docket the matter and appoint an investigator (although it has been known to docket first and investigate later). Therefore, there are several points at which delays can occur — the time for the resondent to file an answer, delays in docketing, and of course the time needed for an investigation.

    I would suspect that given the nature of this case, the complicated fact pattern, and the number of documents to be reviewed, that the delay came in the investigation side. The office is probably trying to be as thorough as possible, since this is not some solo practitioner accused of skimming Grandma’s trust fund; this is a former Attorney General accused of lying to the State’s highest court.

    It should also be noted that there are two other attorneys tied up in this as respondents, Steve Maxwell and Eric Rucker. Maxwell has his hearing next month, and this has been set for several months. I”m unsure of the status on Rucker, but I believe his is set as well. The disciplinary administrator is moving up the ladder,taking the deputies first and then the top dog.

    I’m a little disheartened that the article seems to be taking the Phill Kline line that it’s all a conspiracy by abortion rights Democrats against a brave pro-life soldier. Let’s face it — the facts, as established, demonstrate that Kline and his deputies operated with little regard for the orders of the district court and the Supreme Court. They lied to the courts. I don’t care who appointed the judges involved, and it doesn’t matter one bit. The one thing guaranteed to get a court hopping mad at you is lying. Under oath.

    This is about the chief law enforcement officer of the State of Kansas subverting the law to fit his ideological crusade. Phill Kline deserves to be disbarred.

  4. Peter Nyikos
    2:54 pm on March 28th, 2010

    Sam Kepfeld made allegations about Phill Kline and his deputies having lied to the courts, but made no identification of any alleged lies. This causes me to doubt his sincerity about being “disheartened,” but my doubts could be laid to rest with actual documentation of lies to a court by Kline and his deputies.

    I hope some well-informed person reads this eventually; I’d like to have this matter cleared up.

Trackbacks

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    [...] January we reported that a 2-count attorney ethics complaint had been filed against Kansas Attorney General Phill [...]

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