State board pursuing ethics complaint against Kline, associates

? Former Kansas prosecutor Phill Kline, who received national attention for investigating abortion clinics, will face a professional ethics complaint, a state document shows.

Two former Kline deputies, Stephen Maxwell and Eric Rucker, also will face complaints, according to a letter sent to an attorney representing the three men. The letter, dated Feb. 19, is from the state official who’s in charge of investigating allegations of professional misconduct against attorneys.

Kline, a Republican, began investigating abortion providers as Kansas attorney general in 2003-07 and continued as Johnson County district attorney in 2007-09. He gained access to patients’ medical records as attorney general, and subordinates took copies to Johnson County.

Critics said Kline invaded patients’ privacy. Supporters said privacy never was in danger and Kline was trying to enforce Kansas law.

Caleb Stegall, a Perry attorney representing Kline, Maxwell and Rucker, said the men “look forward to continuing to vindicate” their work.

The Associated Press obtained a copy of the letter Thursday. It said a review committee for the Kansas Board for the Discipline of Attorneys found probable cause to believe Kline and his former deputies had violated rules of professional conduct. It did not specify what allegations prompted the finding.

The board makes recommendations to the Kansas Supreme Court, which determines whether attorneys are punished and can revoke their law licenses. A majority of the court previously criticized Kline for his conduct in investigating abortion clinics. Details of the ethics cases against the three men won’t be made public until a formal complaint is filed.

Abortion providers’ attorneys have made the conduct of Kline and his deputies an issue in two pending criminal cases.

Dr. George Tiller, of Wichita, among a few U.S. physicians performing late-term abortions, is scheduled to go to trial March 16 in Sedgwick County on 19 misdemeanors. Tiller is accused of failing to obtain a second opinion for some late-term abortions from an independent physician, as required by Kansas law.

As Johnson County district attorney, Kline filed 107 charges against a Planned Parenthood clinic in Overland Park. The case is pending, but no trial date has been set because proceedings have been delayed by a battle between Kline and the clinic over his possession of patients’ medical records.

Kline is now working as a visiting law professor at Liberty University in Lynchburg, Va.