Wichita ? A citizen petition demanding a grand jury investigate Dr. George Tiller for alleged violations of the state’s late-term abortion law can go forward, a judge ruled Monday.

District Judge Paul Buchanan denied a motion by Tiller’s attorneys to dismiss the petition. Ruling from the bench, Buchanan said a grand jury will be summoned at an appropriate date. Under Kansas law, summonses have to be issued within 60 days after the grand jury petition is approved by the court.

In making his ruling, the judge cited the historical basis of grand juries.

He also noted during the hearing that the district attorney’s office has the option at any time of dismissing the case under Kansas law even if a grand jury brings an indictment.

Attorneys for Tiller filed a motion in district court to dismiss the petition after a federal judge declined to hear the case.

In their motion, Tiller’s attorneys argued that the Kansas grand jury statute has given “vigilante groups” of citizens trumpeting a political agenda the right to investigate.

They cited the grand jury formed last year, which declined to return an indictment, and a different grand jury petition effort now under way in Johnson County against a Planned Parenthood clinic there.

“This is harassment. This is multiple prosecution,” said Lee Thompson, one of Tiller’s attorneys.

Thompson called the grand jury petition a bad-faith prosecution – noting anti-abortion groups promoting the petitions also were raising funds to pursue the petition against Tiller and stood to financially benefit by his prosecution.

Kansas is one of five or six states where citizens can petition for a grand jury, he said.

“He hasn’t committed any crime. This is a political prosecution – not really a disinterested group of citizens bringing a petition to investigate crime,” Dan Monnat, who also represents Tiller, told reporters after the decision.

In court, Tiller’s attorneys argued the grand jury process violated the separation of powers, resulted in a chilling effect on patient’s right to privacy, and subjected the doctor to malicious prosecution and lack of due process right to a fair trial

Deputy Sedgwick County District Attorney Ann Swegle countered in brief court remarks that arguments brought by Tiller’s attorneys were premature because there was no case yet. She also said the prosecutor’s office would advise and guide the grand jury.

“To anchor their claim that this is a run-amok prosecution controlled by the grand jury is certainly not true,” Swegle said.

She also argued there were no “extraordinary circumstances” that warranted the judge dismissing the grand jury investigation.

Kansans for Life, the anti-abortion group that initiated the petition, was not notified of the hearing, said David Gittrich, state development director for Kansans for Life.

“I am glad we won – even though we didn’t know we were in a fight,” he said.

Gittrich said this grand jury has nothing to do with some of the other things Tiller claims he has been harassed about.

“I am delighted he ruled that Kansas laws have some meaning,” Gittrich said. “The statute says if you have enough signatures, you will convene a grand jury. It doesn’t give them the option of not doing it.”