Topeka ? An abortion clinic’s attorney said Wednesday that he’s subpoenaed Phill Kline to prevent the Johnson County district attorney from taking copies of patients’ medical records and other materials with him when he leaves office.

Kline has filed 107 criminal charges against Planned Parenthood’s clinic in Overland Park, alleging it falsified documents and performed illegal late-term abortions. Heavily edited records from 29 clinic patients’ files are key evidence.

The clinic not only denied the allegations, it challenged Kline’s right to keep copies of the medical records and other documents. The Kansas Supreme Court ruled last week that Kline could keep what he’s gathered as district attorney, though it ordered him to produce a complete set of documents for the attorney general’s office.

Kline obtained copies of the medical records, edited to remove identifications, while serving as attorney general in 2003-07. Just before he left the state job, he had the documents transferred to Johnson County, so they would be waiting for him when he became prosecutor there.

Kline is scheduled to give up the Johnson County office on Jan. 12 because he lost the Republican primary in August. Pedro Irigonegaray, a Topeka attorney representing the Planned Parenthood clinic, said he worries Kline, an abortion opponent, will take evidence with him — and disseminate it to others.

“I don’t trust Mr. Kline,” Irigonegaray said during an interview. “I see it as our duty to do all we can to protect the records that are at this time in his possession.”

Irigonegaray said he drew up the subpoena Tuesday and expected it to be served Wednesday, though he still did not know late Wednesday whether it had been. Kline did not comment Wednesday about the subpoena or Irigonegaray’s allegations.

In Johnson County, District Judge Stephen Tatum has scheduled a hearing in the case for 9 a.m. Dec. 18. Tatum has yet to have a hearing to determine whether the district attorney’s office has enough evidence to warrant a trial.

Tatum described the next hearing as a conference to see where the case stands. But Irigonegaray said he wants to force Kline to testify and to produce a detailed accounting of the records in his possession and who’s had access to them.

Kline’s departure from office will leave his case to incoming District Attorney Steve Howe, the Republican who defeated Kline in the primary.

Howe declined to comment Wednesday on how he’ll handle the criminal case or Irigonegaray’s subpoena. Howe noted that in the past, the Supreme Court has admonished parties to avoid seeking too much publicity.

“My thought is that there is far too much publicity on pending matters,” Howe said.

Irigonegaray acknowledged he’s received no complaint or notice that Kline intends to take materials with him when he leaves office. But Irigonegaray said he issued the subpoena because of how the records were transferred to Johnson County and handled afterward.

“We are very concerned that based upon his previous conduct, there may be a repeat of inappropriate and reckless conduct,” Irigonegaray said.