Welcome to our online chat with Kansas Atty. Gen. Phill Kline.

The chat took place on Thursday, March 18, at 2 p.m. and is now closed, but you can read the full transcript on this page.

Moderator: We’ll start our chat with Phill Kline in just a few minutes. Thanks for joining us. There’s still time to submit questions.

Derrick, Topeka: General Kline. First, I would like to thank you for being a voice for stronger sentences for those who prey on our children. I know that you introduced a bill to increase the penalty against those who solicit children. Can you give me an update on where that bill is?

Kline: First, I would like to give an update on current Kansas law and the need for the bill. In the year 2000, there were 252 complaints regarding online predators traveling to Kansas to sexually exploit children they met on the Internet. Current law provides probation for those we apprehend in any undercover operation. The Department of Justice estimates that the average pedophile commits 16 additional offenses while on probation. We are seeking to increase the penalty so that these predators may face prison time. The bill has passed the House overwhelmingly and recent hearings took place in the Senate Judiciary Committee. I am hopeful for a final passage. .. We are moving toward the close of the session so it would have to happen relatively soon.

Dave, Lawrence: Can you bring me up to date on what’s happenning with laws governing the investigation of deaths of children in foster care and the release of documents in those cases.

Kline: I have worked diligently with state Sen. Adkins and state Rep. Landwejr in an effort to provide greater openness relating to records dealing with a child death in our foster care system. Additionally, I have proposed legislation that will allow my office to conduct an independent investigation of state actions surrounding a death. The scope of the investigation will be to determine whether all state laws, rules and regulations and policies were followed by state agencies in the time prior to and leading up to the death. The bill also would establish a special legislative oversight committee that can review the investigation results. I have received support in the House and Senate and anticipate that legislation will start moving soon. It is vitally important that we have transparency and accountability in government and that we do all that we can to protect children. This bill is a step in the right direction.

Marc, Lawrence: What is your position on open goverment, and how do you think your office does in enforcing the laws designed to provide access to records and meetings?

Kline: I believe open government is essential for accountability in government. I strongly support greater openness. Over the past several months, I have worked with the Kansas Sunshine Coalition to bring changes to Kansas law to allow greater access to government records. The bill that we jointly proposed passed the House and currently is before the Senate. Just recently, Senate Judiciary Chairman John Vratil agreed to work the bill in his committee. I have also recently completed a survey of state agencies related to their open records policies. We have insisted that some agencies change their policies to allow for greater access to records. We will be publishing the results of that survey soon.

Michael, Lawrence: What’s the status of an appeal of Judge Bullock’s decision on the school finance lawsuit, which calls for spending $1 billion on public education.

Kline: In accordance with recently passed Sentate bill 324, I have noticed up an appeal to the Kansas Supreme Court of Judge Bullock’s decision. At this time, Judge Bullock has stated that his order is only preliminary in nature and therefore an appeal is not rite at this time. The Supreme Court may reject the Senate bill 324 appeal on constitutional due process grounds. If so, I will then need to brief before Bullock appropriate remedies consistent with his order. Once Bullock issues his order for remedy, I then can appeal and stay the remedy and move on to the Supreme Court. It is important to note that at no time in the United States history has a district court been successful in forcing legislative action prior to a Supreme Court ruling on the substantive constitutional issues. Accordingly, this case will get to the Supreme Court, where we will have much greater guidance as to the concerns regarding school finance in our state.

Allison, Lawrence: Thanks for answering some questions, Mr. Kline. What’s your take on the gay marriage issue and the proposed amendment to ban gay marriages?

Kline: I believe the Legislature has the right to promote the traditional family by defining marriage as between a man and a woman.

Jay, Wichita: Do you plan to run for governor in 2006?

Kline: Right now, I’m enjoying the position that I have the honor of serving in.

Peter, Lawrence: General Kline, first thanks for a wonderful job you are doing for the state of Kansas. What would you do if a mayor of a Kansas town started issuing licenses for gay marriage?

Kline: Under Kansas law, mayors do not have the authority to issue licenses of marriage. That authority is reserved to judges. Kansas law also provides that marriage is between a man and a woman and therefore a license may not be issued to a same-sex couple. Such licenses would be void. I would enforce the law.

Brandon, Lawrence: When will Kansas learn from the west and give our sick people the freedom to use marijuana? Why would the federal government pursue these people when even Harvard Med School has conclusive evidence of the enhancment of life in these peple. Alcohol and cigarettes are legal but medicinal marijuana is not. Are you anti-marijuana?

Kline: Daily, I have witnessed the tragic results of illegal drug use. The harm to the individual and to those around them can be great and long-suffering. I do not support the legalization of marijuana or other narcotics.

Doug, Lawrence: Is judicial activism in the state of Kansas represented by the Judge Paula Martin rape decision and other examples across the nation reaching an uncomfortable level for you?

Kline: Not only for myself but also, I believe, for Kansans. I am increasingly made aware of actions by courts which demonstrate a judge’s lack of recognition of the appropriate role of the judiciary. Increasingly, judges view themselves as one-person legislatures, disenfranchising the will of the electorate and harming the rights of the parties in their own courtrooms. I see this as one of the most significant issues of our time.

Tere, Lawrence: What is Kansas doing to help people find jobs? It seems the general working atmosphere is anti-business, and that it’s very difficult to find work at a living wage if you have less training/school or belong to a minority population.

Kline: The Legislature has several bills before it that are designed to make Kansas a better place in which to do business. My office is not directly involved in that debate. I do believe, however, that meaningful reform of the judicial system is essential to promoting growth in the economy. Historically, prior to an individual recovering damages in a court of law, they had to demonstrate three things: Those things were culpability (proving someone did something wrong), that those actions caused harm, and that harm was to the individual in the courtroom and was measurable as monetary damages. These three requirements promoted justice and also established certainty in the marketplace. Those three elements are no longer required in court and accordingly we have unjust and, at times, absurd results, and great uncertainty and risk to the business owner. These issues are of a serious nature and will continue to be debated for some time.

Moderator: Thanks for joining us this afternoon.