Ethics Complaint Filed Against Former Kansas AG's Deputy Regarding Tiller, Planned Parenthood Investigations

Main Category: Abortion
Article Date: 24 Sep 2009 - 3:00 PDT

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A Kansas official investigating allegations of attorney misconduct by former Kansas Attorney General Phill Kline (R) has filed a formal ethics complaint against Kline's former assistant, Stephen Maxwell, the Kansas City Star reports. While in office, Kline led an investigation into a women's health clinic run by the late George Tiller, the Kansas abortion provider murdered in May, as well as an investigation of a Planned Parenthood clinic in Johnson County, Kan. (Kansas City Star, 9/21).

Disciplinary Administrator Stanton Hazlett alleges in the complaint that Maxwell misled a state judge in Topeka, Kan., to further Kline's 2003-2007 investigations of abortion providers. Hazlett also alleges that Maxwell withheld important information in 2007 and 2008 from a grand jury investigating the Planned Parenthood clinic. According to the complaint, Maxwell failed to take action to correct an October 2003 application for a court-supervised inquisition after he learned that statistics in the filing were "obviously flawed" with regard to abortion providers' reports of sexual abuse of minors. In 2006, Maxwell suggested to a judge that abuse of a minor patient might not have been properly reported, when in fact the abuse was reported and the abuser had been successfully prosecuted, the complaint states. In 2007, when asked to provide background on relevant court decisions, Maxwell left out information on decisions that could have hindered Kline's investigation, the complaint alleges.

The AP/Hays Daily News reports that the Kansas Board for Discipline of Attorneys has scheduled a hearing for Feb. 17-18, when it will decide whether Maxwell violated Kansas' code of conduct for attorneys. Maxwell is now the Reno County, Kan., district attorney. The panel will make a recommendation to the state Supreme Court, which has the power to revoke an attorney's license, though it could order lesser or no penalties.

History of Investigations

During his time as attorney general, Kline drew national attention for his investigations of Tiller's Wichita, Kan., clinic and Planned Parenthood. Kline lost his re-election bid in 2006 but became district attorney of Johnson County, where he continued his investigation. Tiller was acquitted in March on 19 misdemeanor charges of violating Kansas' abortion restrictions. The charges were filed by Kline's successor as Kansas attorney general. Johnson County did not indict the Planned Parenthood clinic, but Kline filed 107 criminal charges on his own, accusing the clinic of falsifying records and performing illegal abortions. The case is pending, the AP/Hays Daily News reports.

Peter Brownlie, president and CEO of Planned Parenthood of Kansas and Mid-Missouri, said Kline's investigations were "a political witch hunt conducted by anti-choice extremists," adding that they "should never have started" (Hanna, AP/Hays Daily News, 9/22).

Reprinted with kind permission from http://www.nationalpartnership.org. You can view the entire Daily Women's Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women's Health Policy Report is a free service of the National Partnership for Women & Families, published by The Advisory Board Company.

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