Kline wants lawyers for clinic disqualified

? Johnson County District Attorney Phill Kline wants a judge to bar two attorneys from representing Planned Parenthood’s Overland Park clinic on abortion-related charges.

Kline said he intended to call the lawyers, Pedro Irigonegaray and Robert Eye, as witnesses in a criminal case against Planned Parenthood of Kansas and Mid-Missouri and its Comprehensive Health clinic.

Kline filed the 107-count criminal complaint on Oct. 17, alleging that late-term abortions were performed at the clinic in 2003 and clinic staff did not keep adequate records.

The clinic was the focus of a Kline investigation while he was attorney general. Current Attorney General Paul Morrison conducted his own investigation after he took over the office and cleared the clinic of wrongdoing.

Irigonegaray and Eye have been the clinic’s attorneys for more than three years, Planned Parenthood President Peter Brownlie said.

Eye said the motion does not specify why Kline wanted the attorneys disqualified and he and Irigonegaray would take up the issue in court.

“We’ve searched this long and hard we find no basis for us to be disqualified,” Eye said Tuesday.

Kline said he could not explain why he might call the two attorneys because evidence in the case is under court seal.

Once a judge reviews the evidence, Kline said in his motion filed Friday, “it will become apparent why the state endorsed these witnesses.”

In the motion, Kline said that the Kansas Rules of Professional Conduct generally does not allow a lawyer to act as an advocate in a trial if the lawyer is likely to be called as a witness.

The only exceptions are when the testimony is related to an uncontested issue or to the nature and value of legal services in the case, or when disqualifying the lawyers would be a substantial hardship to the client.

No date has been set to hear Kline’s motion.

Planned Parenthood is scheduled to make its first court appearance Friday.