Topeka ? Five of the seven justices of the Kansas Supreme Court have stepped aside from the attorney disciplinary case against former Attorney General Phill Kline.

The justices announced their decision Friday.

Kline’s lawyer had asked that Chief Justice Lawton Nuss and Justice Carol Beier step aside because the defense perceives them as biased against the former attorney general. Three others recused themselves because they had heard earlier parts of the proceedings.

The allegations of ethics violation stem from an investigation of abortion providers that Kline began during his one term as attorney general. The state Board for Discipline of Attorneys said Kline repeatedly misled other officials or allowed subordinates to mislead others.

Five special judges will be appointed for the high court’s hearing, which is not expected before this fall.