LJWorld.com

Topeka — Gov. Kathleen Sebelius said Thursday she won't appoint a new attorney general this week, and a former federal prosecutor considered a candidate by some Democrats endorsed someone else for the job.

They had speculated that Sebelius would make the appointment before the Legislature begins its annual session Monday. Attorney General Paul Morrison resigned last month amid a sex scandal and will leave office Jan. 31.

"What we're doing is taking, I think, appropriate time to look at the talent pool available," Sebelius said during a news conference. "There will not be an announcement this week. Everybody take a deep breath."

The governor is putting the finishing touches on her State of the State address she will deliver to legislators Monday night, and her budget proposal for the next fiscal year will be rolled out Tuesday.

Some Democrats also mentioned Wichita attorney Randy Rathbun as a potential appointee. He served as U.S. attorney for Kansas in 1993-96, when Democrat Bill Clinton was president.

But Rathbun said: "I don't have any interest in being in this beauty pageant. I'm not putting my name out there."

Rathbun endorsed Securities Commissioner Chris Biggs, a former Geary County prosecutor who narrowly lost the 2002 attorney general's race to Republican Phill Kline. Morrison switched parties in 2005 and unseated Kline the following year.

Democrats have mentioned at least 15 people as potential replacements to fill the final three years of Morrison's term.

Sebelius spokeswoman Nicole Corcoran said the governor has narrowed her choices to "a small list of talented individuals." But Sebelius refused Thursday to say how many candidates remain under consideration, or who they are.

"I'm not going to talk about candidates or names at this point," she said. "I don't think that's fair to any of the candidates."

Morrison acknowledged having an extramarital affair with Linda Carter, the former director of administration for the Johnson County district attorney's office. But he has denied her allegations of professional misconduct.

She has said the affair began in September 2005, when Morrison was district attorney - her supervisor - and continued for two years, as he ran for attorney general and after he took office. She remained with the DA's office, even after Republicans picked Kline to fill the vacancy, until she left Nov. 30.

Carter not only filed a discrimination claim with the federal Equal Employment Opportunity Commission, but also alleged that Morrison tried to get her to provide sensitive information about Kline's activities, which Morrison denies. Kline has said he will appoint a special prosecutor to investigate Morrison's conduct.

Bob Beatty, a Washburn University political scientist, said it makes sense for Sebelius not to make the appointment this week because the background of any potential candidates must be reviewed thoroughly. Even a minor problem in the new attorney general's background would be embarrassing and could cost Democrats the office in 2010.

"What would really harm them is if they picked somebody and something came out a year later or even six months later," Beatty said. "The media is going to naturally do a lot of investigating as soon as the name is announced."