By Barb Shelly, Kansas City Star editorial page columnist
Today brings word that the disciplinary administrator who oversees lawyers in Kansas has filed a formal ethics complaint against Stephen Maxwell, one of Phill Kline's top assistants in both the Kansas attorney general's office and later the Johnson County District Attorney's office.
The complaint sheds more light on the extent to which Kline's office pushed to gain access to information that Kline and his deputies hoped would lead to charges against abortion providers in Kansas.
Among other things, it alleges that:
1) In a hearing to gain access to patients' files, Maxwell knowingly allowed a special agent to falsely claim that abortion doctor George Tiller had failed to report that a 10-year-old girl from California had come to his Wichita clinic for an abortion. Failure to report the sexual abuse of a child that young would have violated Kansas law. But, the complaint alleges, Maxwell had known for a year that the pregnancy had been reported and in fact the child's rapist had been prosecuted.
2) Maxwell and others made copies of patients' records and kept them in locations not reported to the court. Kline used copies of those records to bring charges against the Planned Parenthood clinic in Overland Park after he because the Johnson County district attorney.
3) In a quest to have a grand jury subpoena records from the Planned Parenthood Clinic, Maxwell neglected to supply the grand jury with a court opinion that didn't support his contention. The jurors found out about the opinion and recalled the subpoena.
The allegations are significant for many reasons, but here are two:
Maxwell is currently a senior assistant to the district attorney of Reno County, Kan.
And Kline very recently published an essay still portraying himself as a crusading prosecutor whose attempts to force abortion providers to heed the law were thwarted by a corrupt and cowardly legal establishment in Kansas. (See this post.)
He continues to mislead readers by claiming that judges found "probable cause" that crimes had been committed (even though none of the charges have stuck). The ethics complaint alleges that the probable cause was tainted and if Kline didn't know it, his top deputy did.
The disciplinary administrator is in the process of investigating complaints against Kline himself and another deputy, Eric Rucker.
Follow Barb Shelly on Twitter.
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Hey, let's find out what the REAL truth is-
Thank you again Barbara Shelly for showing that the protection of pedophiles trumps you telling the truth!
Administrator targets Stephen Maxwell, former assistant to Phill Kline. Skeptical pro-life advocate says the administrator 'sounds like the mouthpiece for Justice Carol Beier.'
Beier's apparent vendetta against Kline now extends to his former assistant
From www.KansasLiberty.com: 21 September 2009
The threat by Kansas Supreme Court justice Carol Beier to bring ethics charges against her nemesis, former Attorney General Phill Kline, was apparently broadened Monday to include Kline's former assistant, Stephen Maxwell.
A Supreme Court administrator served Maxwell with a formal complaint alleging Maxwell violated several ethics rules. The complaint was written by Stanton Hazlett, disciplinary administrator. The Board for Discipline of Attorneys is an entity within the Kansas Supreme Court. If Maxwell cannot successfully refute the charge, Beier, who is up for retention in 2010, will be one of the justices who decides his fate.
Beier, a Democrat and the first justice appointed by former Gov. Kathleen Sebelius, was the author of an intensely personal, bitter and angry decision last year involving Kline and his investigation into allegations of illegal abortion practices by Planned Parenthood. The decision was in Kline's favor, but the language used by Beier was so offensive that two justices — including the chief justice — distanced themselves from it in writing.
It's not the first threat Maxwell's received from the court. Kline and former deputy prosecutors Maxwell and Eric Rucker were informed last February that a professional review committee was going to investigate whether the three had "violated the Kansas Rules of Professional Conduct."
The new complaint alleges that Maxwell engaged in "questionable" behavior during Kline’s investigation into abortion procedures conducted at both the Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri and the late George Tiller’s Women’s Health Care Services Clinic, located in Wichita.
Kline did not return Kansas Liberty’s request for comment. Maxwell works as a senior assistant to Reno County District Attorney Keith Schroeder. Schroeder said Maxwell, who has served in Iraq, would be out of the state this week participating in military training and would likely be entirely unreachable. Schroeder told Kansas Liberty he did not think that Maxwell was even aware of the complaint.
The board said Maxwell was intentionally misleading while collecting information for Kline's investigation. During the case, Maxwell gathered information from the Department of Social Rehabilitation Services to determine how many sexual abuse cases had been reported during a specific period. The board alleges Maxwell misled SRS about why he wanted the information.
Kline had argued that the abortion providers were providing abortions to girls younger than 16 years of age without reporting the abuse to the proper authorities, a crime under Kansas law.
While serving as attorney general, Kline wrote an opinion that determined that any situation in which a girl under the age of 16 was pregnant must be reported as abuse, as intercourse with a minor of that age is considered to be illegal. Kline's opinion differed from former Attorney General Robert Stephan’s opinion that abuse must only be reported in certain situations.
The complaint also argues that Kansas Department of Health and Environment abortion reports were handled carelessly during the investigation and put in situations where the confidential reports could easily be viewed by the public — even though KDHE reports do not include the name of the woman who received the abortion.
According to the complaint, Maxwell argued during court proceedings that the sexual abuse of a 10-year-old who received an abortion from Tiller was not reported to law enforcement, even though Maxwell was aware at the time that the abuse had in fact been reported, and the case had been prosecuted.
The complaint also says that Maxwell did not fully inform the grand jury of a court case that was relevant to the proceedings, and could have been harmful to Kline’s argument.
Ron Keefover, spokesperson with the Kansas Supreme Court, said that an evidentiary hearing in Maxwell’s case would take place Feb. 17 and 18. If the panel finds that Maxwell is guilty of the alleged violations, the case would then be forwarded to the Kansas Supreme Court, which is charged with imposing disciplinary action. Or, if the Kansas Supreme Court disagrees with the panel’s decision, it could still find Maxwell to be innocent of the violations. That outcome is unlikely.
Maxwell is not an inexperienced prosecutor. In addition to working for Kline, Maxwell also served under former attorneys general Stephan and Carla Stovall.
His current supervisor supported his assistant. “Steve is a good prosecutor, and I am glad to have him on board,” Schroeder told Kansas Liberty. “This really will not affect his duties in Reno County.”
Schroeder, who was not involved or mentioned in the complaint, said he was surprised the complaint was made public before Maxwell had a chance to look at it.
“It is probably lying on his desk right now,” he said. Maxwell has 20 days to enter an answer to the complaint.
Kansans for Life Executive Director Mary Kay Culp said she believed this complaint was just an additional mechanism used to promote pro-abortion laws in the state.
“Hazlett's brief does not sound like an impartial legal inquiry and furthers the pro-abortion storyline that prosecution of abortion-clinic crimes in Kansas is irreparably poisoned,” Culp told Kansas Liberty. “Hazlett, who works for the Supreme Court, sounds like the mouthpiece for Justice Carol Beier, who's prejudiced against anything Kline and thus anything pro-life.”
Culp pointed out that the Supreme Court would soon be issuing its opinion on whether the Johnson County district attorney may have access to KDHE abortion reports.
“If I had to guess, I would say that together with today's baseless rehash of allegations against Maxwell, this looks to be nothing more than the making of a three-layer feather bed on which to land the Kansas Supreme Court's overdue decision to disallow the Johnson County DA to have access to redacted abortion reports -—which could show Planned Parenthood committed felony falsification of records to avoid further prosecution,” Culp said.
A district court judge said the records appeared to have been falsified, but he was gagged by the state Supreme Court. Beier's retention in 2010 is likely since the Kansas' conservative Republicans don't intend to contest her right to sit on the state's high bench.
- Holly Smith
There Babs goes again
Telling untruths and half truths. She tells almost as many untruths as Obama.
Babs is far from objective on this subject, and the Star is irresponsible in letting her comment. She is one who does not care that the law REQUIRES the pregnancy of an underage girl to be reported to police. She prefers to allow those like Planned Parenthood to perform abortions on these CHILDREN without FORCING THEM TO FOLLOW THE LAW AND NOTIFY THE PARENTS AND THE POLICE.
Babs is perfectly OK with PP and others letting rapists and PEDOPHILES get away with abusing little girls who are still in elementary school. These instances are of much older men - generally 25 or older who impregnate a girl who is usually still in elementary school, or middle school, and somewhat rarely in high school.
Totally disgusting that Babs and the Star are in favor of protecting rapists and pedophiles, but then what do you expect.
There's a bug going around
Another outbreak of what afflicted the poor prosecutors on Sen. Ted Stevens' case, perhaps?
Is there any pattern of clues or hints from Kline's past to suggest whether he's been a dicey operator all along?
Sounds like Kline is headed for trouble - assuming that due process is otherwise working right...
... Or could he have gotten the go-ahead to make a special (and more-generally supported) project out of the abortion-clinic venue?
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Oltu thanks.blog