Kansas Supreme Court Orders District Attorney Kline To Return Copies Of Planned Parenthood Medical Records

Main Category: Abortion
Also Included In: Litigation / Medical Malpractice
Article Date: 09 Dec 2008 - 3:00 PDT

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A 5-2 majority of the Kansas Supreme Court on Friday sanctioned Johnson County, Kan., District Attorney Phill Kline for the improper handling of abortion medical records obtained from a Planned Parenthood clinic and ordered Kline to return a complete set of the records to Kansas Attorney General Stephen Six by Dec. 12, the Topeka Capital-Journal reports. In October 2007, Kline filed 107 criminal charges against Comprehensive Health of Planned Parenthood of Kansas and Mid-Missouri for alleged performance of illegal late-term abortions and alleged filing of falsified documents. Planned Parenthood of Kansas, which operates the clinic, requested that the Supreme Court intervene in the case on the grounds that Kline -- who was Kansas attorney general when he launched the investigation -- abused his power and obtained about three dozen records illegally. Kline's grounds for filing the criminal charges against the clinic were dependent on the records, according to the Capital-Journal.

The court in its ruling ordered Kline to return a "full and complete and understandable set of any and all materials gathered and generated" by him or his subordinates during the investigation. The opinion said, "Kline exhibits little, if any, respect for the authority of this court or for his responsibility to it and to the rule of law it husbands." It continued, "His attitude and behavior are inexcusable, particularly for someone who purports to be a professional prosecutor. It is plain that he is interested in the pursuit of justice only as he chooses to define it."

The Capital-Journal reports that Kline "must surrender a copy of the records, not all copies of documents key to his case." According to the Capital-Journal, Kline lost his re-election bid for attorney general in November 2006 and prior to leaving office in January 2007 he shipped the Planned Parenthood records to the Johnson County District Attorney's office where he had accepted appointment as the District Attorney. Speaking after the ruling, Kline said that he would comply with the court's mandate but that he plans to continue to pursue the prosecution of Planned Parenthood. Kansas Gov. Kathleen Sebelius (D) said the conflict over the records could have been avoided "if women's private medical records were protected in the first place." She added, "After an initial review of the decision, this seems like very appropriate action by the Court" (Capital-Journal, 12/5).

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