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Archive for Sunday, November 25, 2012

Kline lawyer wants review of research attorneys

November 25, 2012

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— An attorney representing Phill Kline against ethics charges is alleging that the court record may have been tainted by a research attorney who was later fired for posting disparaging Twitter comments about the former Kansas attorney general.

In a letter to Stan Hazlett, disciplinary administrator for the state’s judicial branch, Kline’s attorney Tom Condit asks for a review of all research attorneys working for judges and justices to determine whether there was bias.

“It’s the only way to resolve these concerns, when there is so much at stake for Mr. Kline, is to conduct a thorough vetting of the process,” Condit wrote in the letter sent Tuesday.

Sarah Peterson-Herr was fired Nov. 19, four days after she posted comments about Kline as he appeared before the Kansas Supreme Court over alleged misconduct during his investigation of abortion providers.

One tweet commented on Kline’s facial expression. Another predicted that Kline would be disbarred by the court for seven years for his conduct.

Condit asked Hazlett to provide him with all communications between his office and any judicial branch research attorney. He also wants copies of communications between attorneys or staff in his office and those on the hearing panel that ultimately recommended Kline be sanctioned for his conduct.

Condit maintains that because the role of research attorneys is to draft legal memoranda after reading the court record for cases, they hold “the unique position to provide judges and justices with their first impression, if not their lasting impressions of a case.”

Condit cited several instances where he said the court record in the Kline case had been misrepresented, including by Hazlett during the latest hearing on Nov. 15.

“There are seemingly infinite ironies between the many failings and omissions of your office and the (disciplinary) panel report on the one hand, and the standard of absolute perfection required of all of Mr. Kline’s acts and communications on the other hand,” Condit wrote.

A court spokesman declined to comment about Condit’s letter or what action, if any, the disciplinary administrator would take to address the concerns.

Comments

autie 1 year, 4 months ago

Yeah, that girl didn't even work for any of the judges involved. It changes nothing and the manuver has zero merit. Phill phlops again.

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verity 1 year, 4 months ago

This is a cautionary tale as to how we use electronic media. It always has the potential of biting us in the butt. Not only did Ms Peterson-Herr lose her job and jeopardize her whole career, she has added expense to the state, probably drawn this procedure out longer and will possibly be the cause of Mr Kline getting off---all for a silly twit.

Even on here, we are not necessarily anonymous. I've no doubt that some cyberhead with half a brain could hack this site.

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1 year, 4 months ago

Actually, his attorneys are grasping at straws. I don't think it really has anything to do with his wanting a fair shake.

The research attorney (Herr) was fired and, last I heard, is subject to an ethics violation investigation herself. She took herself down, now Kline's attorney's are calling all of them into question as a stalling measure.

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just_another_bozo_on_this_bus 1 year, 4 months ago

Phill has no ethics, but he knows how to phish.

But what about the courthouse janitors? Don't they do email, too?

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kujayhawk7476 1 year, 4 months ago

How ironic....Phill and his attorney want to investigate possible ethics violations by research attorneys. Hey Phill! That is why we're investigating you....ethics violations! But here's the deal, Philllll, we asked you FIRST! Suck it up, take your disbarment like a man!

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Number_1_Grandma 1 year, 4 months ago

They should tell Kline "Yes, you have been raped but just take it". No aborting this legal process!

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deec 1 year, 4 months ago

It sounds like Kline wants to abort the judicial process.

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