Kansans for Life — Complaint against Kline aide distracts from illegal Gag order by State Supreme Court

Contact Mary Kay Culp, Executive Director, 913-406-4446

Complaint against Kline aide distracts from illegal Gag order by State Supreme Court

Quote from KFL executive director Mary Kay Culp: “For 5 months the Kansas Supreme Court has kept in place an indefensible gag order on a judge, and has denied state evidence to prosecutors in the Planned Parenthood case. Every time this Court has interposed itself in abortion clinic prosecutions and grand juries, the pro-life, pro-justice position has won, but the Court feels impelled to slap Kline around as a sop to the abortion industry.”

The 2007 Johnson County prosecution drags on—waiting since May 2009 for the state Supreme Court to remove, or keep, a gag order instigated without legal defense by state AG Stephen Six to silence Judge Richard Anderson. Anderson– appointed by the Court to safeguard 2003 abortion records subpoenaed when Kline was AG– has partially testified about felony record falsification by Planned Parenthood.

The Kansas judicial administrator’s ethical complaint against former Kline aide Steve Maxwell, released today, does not read like an impartial legal assessment, but like the rant of clinic defense attorneys, or one of the administrator’s own Supreme Court bosses (Kline-opponent) Justice Carole Beier. By citing actions that violate no code, it furthers the myth that abortion clinic prosecutions are irredeemably poisoned. Abortion supporters promised they would pursue every venue to punish Kline for having the temerity to investigate crime at Kansas abortion clinics, and this is part of it.

We believe that the jury investigating Planned Parenthood in Johnson County was not the victim of prosecutorial misconduct, as was the 2007 grand jury, initiated by Kansans for Life to investigate illegal post-viable abortions at Tiller’s clinic in Wichita.

The Complaint is deficient

We do not understand the validity of the ethics complaint alleging Maxwell intentionally gave the Johnson County grand jurists incomplete information on child abuse statutes. The case law they complained about not receiving, Aid for Women v Foulston, is only relevant to the time after the alleged crimes were committed. The fact that the Kansas child abuse statutes were altered in Jan.2007 to a view more favorable to Kline’s opinion in 2003, is also irrelevant.

The complaint adopts the abortion clinic defense lawyers’ descriptions of copying redacted records at Kinko’s and storing them in plastic containers as if there had been some great harm to individual privacy. Yet it cites no ethical violation by those activities. Such privacy-invasion scenarios induce the public to abuse the prosecutor and ignore the crimes.

Finally, the complaint alleges misconduct in obtaining state child abuse records because Maxwell only submitted the minimum truth needed to substantiate the request, and because some discrepancies were supposedly rectified. The complaint does not explain why over 1000 missing child abuse reports were not valid enough reasons to investigate, nor why the AG must divulge all future prosecutorial plans before legally acquiring records. Remember, Kline was trying to pry papers out of a pro-abortion Sebelius agency which has subsequently shown it will never relinquish them for an abortion clinic case.
Culp added: “The abortion supporters’ task is clear: muddy the waters, tell the public their medical privacy is in jeopardy, ignore the groundless gag put on an ethical judge and tar and feather Maxwell.”

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