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Kansas Disciplinary Administrator Uses Abortion Lawyers Motion as Template for Complaint against Phill Kline.

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Presentation on theme: "Kansas Disciplinary Administrator Uses Abortion Lawyers Motion as Template for Complaint against Phill Kline."— Presentation transcript:

1 Kansas Disciplinary Administrator Uses Abortion Lawyers Motion as Template for Complaint against Phill Kline

2 Tillers Motion to Dismiss of Sept. 15, 2008

3 In re Kline Formal Complaint of Jan. 19, 2010

4 In re Kline Formal Complaint Tiller Motion to Dismiss Origin of the first sentence of ¶ 3.

5 Analysis of Complaint: ¶ 3, Sentence 1 Tiller Motion: In November, 2002, abortion-rights opponent Phill Kline was elected Kansas Attorney General. Formal Complaint: In November of 2002, the respondent was elected Kansas Attorney General. COMMENT Notice this subtle editing change: November, 2002 becomes November of 2002 To conform to the Complaint format, Phill Kline becomes respondent Key omission: Abortion-rights opponent is dropped: too inflammatory for a disciplinary complaint.

6 Tiller Motion to Dismiss In re Kline Formal Complaint Origin of the second sentence of ¶ 3.

7 Analysis of Complaint: ¶ 3, Sentence 2 Tiller Motion to DismissIn re Kline Formal Complaint During his campaignIn his campaign pledged to interpretpromised to interpret more narrowlymore strictly predecessorsprevious Attorney Generals Tiller Motion: During his campaign, Kline pledged to interpret the laws regulating abortion more narrowly than had his predecessors. Formal Complaint: In his campaign the respondent promised to interpret the laws regulating abortion more strictly than previous Attorney Generals. Notice the subtle changes:

8 In re Kline Formal Complaint Origin of the first sentence of ¶ 4. Tiller Motion to Dismiss

9 Analysis of Complaint: ¶ 4, Sentence 1 Tiller Motion to DismissIn re Kline Formal Complaint On April 2, 2003Shortly after taking office met withmet with his then to formulate a plan targeting Dr. Tiller. to formulate a plan to target WHCS and Dr. Tiller. Tiller Motion: On April 2, 2003, Kline met with Senior Deputy Attorney General Eric Rucker and Special Agent Tom Williams to formulate a plan targeting Dr. Tiller. Formal Complaint: Shortly after taking office as the Attorney General for the State of Kansas, the respondent met with his then Senior Deputy Attorney General, Eric Rucker and Special Agent Tom Williams to formulate a plan to target WHCS and Dr. Tiller. Minor differences:

10 In re Kline Formal Complaint Origin of the third sentence of ¶ 4. Tiller Motion to Dismiss

11 Analysis of Complaint: ¶ 4, Sentence 3 Tiller Motion to DismissIn re Kline Formal Complaint was recordedwas captured internal memointernal memorandum Tiller Motion: This meeting was recorded in an internal memo. Formal Complaint: This meeting was captured in an internal memorandum entitled "SPECIAL INVESTIGATION" dated April 2, COMMENT Parallelism continues. The Complaint picks up the date (omitted from sentence 1), and adds the memo title.

12 In re Kline Formal Complaint Origin of the fourth sentence of ¶ 4. Tiller Motion to Dismiss

13 Analysis of Complaint: ¶ 4, Sentence 4 Tiller Motion: According to the memo, the meeting was initiated in response to allegations received by the A.G.[s] Office that Dr[.] George Tiller... continues to perform abortions on females under 16 years of age without filing a report to competent authority concerning abuse of a child as required by K.S.A (a). Formal Complaint: The investigation was initiated in response to allegations received by the A.G.[s] Office that Dr[.] Tiller… continues to perform abortions of females under 16 years of age without filing a report to a competent authority concerning abuse of a child as required by K.S.A (a). COMMENT These two sentences are almost indistinguishable. Apart from the introductory phrase in the Tiller motion, and substitution of the word investigation for meeting, only minor editing differences are discernible. The added brackets and ellipses in the quote are the same in the motion and the complaint.

14 In re Kline Formal Complaint Origin of the seventh sentence of ¶ 4. Tiller Motion to Dismiss COMMENT The underlined portions of the sentences are the same. Lets look at the circled footnotes...

15 In re Kline Formal Complaint Origin of the lengthy footnote in ¶ 4. Tiller Motion to Dismiss

16 Analysis of the footnote in ¶ 4 The Complaint incorporates verbatim from the Tiller Motion to Dismiss a 138-word footnote describing the Kansas abortion reporting law. Only two trivial differences exist. The Formal Complaint incorrectly omits the article a in the second quotation from K.S.A (c) (upon a showing), and closes up the space between the lettered subsections in the final citation to the code.

17 To set out and analyze additional parallels between the Tiller Motion to Dismiss and the Formal Complaint would be tedious and cumulative. Many, many more examples can be cited. That the Disciplinary Administrator used the Tiller motion as a template for large portions of the Formal Complaint is beyond dispute. Judge Clark Owens heard six days of testimony on the Tiller motion before entering his order of denial in February, Undoubtedly the Disciplinary Administrator intends to call many of the same witnesses who testified in that proceeding. Preclusion law prohibits relitigation of the Tiller motion in this hearing. The facts found by Judge Owens in his Order on the motion control this proceeding.* *On the application of collateral estoppel to attorney disciplinary proceedings, see In re Abady, 800 N.Y.S.2d 651, 658 (App. Div. 2005).


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