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Posts Tagged ‘KS State Supreme Court’

Justice Beier

Justice Beier

Kansas is a “red” conservative state with a “blue” state Supreme Court and a liberal media supporting the latter.

But even the slavish Kansas media is having a hard time keeping the illusion alive that the behavior of Kansas’ top Court is ethically disciplined and above politics.

Last week the Court rushed to rule that the name of a Democrat candidate for U.S. Senate would not appear on the upcoming ballot. (more here)

No one disputes that the withdrawal was aimed at consolidating opposition to pro-life GOP Sen. Pat Roberts behind a newly-emerged, “independent-but-Democrat leaning,” pro-abortion, multi-millionaire challenger, Greg Orman.

The widely acknowledged impact of the Kansas Supreme Court’s decision could be to help unseat Roberts. The media gleefully positioned the ruling as slapping down a partisan Secretary of State who would not deem a candidate’s hasty withdrawal as legal.

But the Court was not done. It gave Democrats another gift: the time delay they needed to avoid selecting a replacement candidate for the Democrat ticket, as required by law. The Court on Tuesday sent that issue to a lower court with an indefensible excuse, read: The Kansas Supremes Give Democrats Exactly What They Wanted . . . Again

However, another story arose the same day, one the press groaned inwardly to report because it shredded what few excuses there were to insist the Court’s decision was above board: complaints from the GOP that a fundraiser for the extremely anti-life Democrat gubernatorial candidate would be held that night at the home of State Supreme Court Justice, Carol Beier!

The most incensed media outlet was the uber-liberal (and rather raunchy) “alternative” online source, The Pitch, based in Kansas City. Reporter Steve Vockrodt wrote

[Carol Beier is] often accused by the state’s Republican activists of advancing stridently liberal ideology on the state’s highest court.
A Tuesday-evening backyard barbecue at Beier’s house thrown in support of Democratic gubernatorial candidate Paul Davis, however, seems tailor-made to amplify such claims while calling into question the judge’s integrity.
“It’s my husband’s event,” Beier tells The Pitch. “I’ve taken pains not to be involved in it.”
But it’s hard to see the upside to holding a campaign event at the home of a top judicial official, someone who could have a say on the legal muster of legislation that Davis might sign as a future governor. At best, it’s reckless.
Both Beier and Davis are lawyers who should understand that even the appearance of a conflict of interest is a troublesome prospect. But neither seems bothered by the question today.

While it is true that no rule in the Kansas Code of Judicial Conduct limits the political activities of a judge’s family, the media is warning Beier, and the Court, such blatantly partisan stunts are nearly impossible for the media to spin as passing the smell test.

The media will, however, continue to help the liberals and anti-lifers. They sanitized the Paul Davis lap dance story and refused to link it to his role in opposing (and mocking) state proposals to regulate strip clubs over the past few years. (see Community Defense bill vote here)

The media has portrayed the Kansas state Supreme Court ruling as a rebuke to a partisan Secretary of State—not as inappropriate activism by a pro-Democrat Court wanting to help prevent the Republican Party’s takeover of the U.S. Senate. But consider….

  • There was no media mention that the Supreme Court majority are Sebelius-appointees unvetted by the Senate and selected by an elitist committee.
  • There was no questioning why a longtime Democrat advisor and long-time business partner with the state Democrat Party, Justice Dan Biles, didn’t recuse himself from an issue so critical to the democrat party interests.

It is supposed to be commonly held that the media and judges discipline themselves to be neutral. But consider, as a mental exercise, whether the Kansas Court rulings and media stories would be the same if it were the GOP overturning the results of a state primary to achieve a back-room-made deal disadvantaging the Democrats.

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Anti-Kline tweeting court clerk Herr

The shocking “tweets” of a Kansas appellate court clerk, during Thursday’s Supreme Court review of ethics charges against former Kansas AG Phill Kline, have earned her a suspension, pending review, according to the Associated Press.
UPDATE, Nov. 19: AP reports Herr has been fired

The Kline-denigrating tweets of Sarah Peterson Herr (outed Thursday evening by Operation Rescue) reflect the culture of abortion corruption that has long plagued Kansas as well as a deep, dangerous and pervasive animus towards Kline among the legal authorities in this state.

1) The state’s attorney ethics division.

They are demanding a permanent revocation of Kline’s law license for what they portray as ethical violations during his attempted prosecution of child rape and illegal abortions, begun in 2003. (Read allegations and rebuttals at KlineCaseFile.com.)  The charges were pursued even after their own investigative staff recommended they not do so and even after a panel (with questionable neutrality) recommended only a suspension.

2) The Kansas Supreme Court.

During one of their cases filed by abortion businesses to avoid criminal prosecution, the state Court held a unique internal trial of Kline, in which he was exonerated. The ruling written by Justice Carol Beier (who has lectured on how courts should be used to advance feminist ideology) was criticized by her senior justices, in essence, for her anti-Kline diatribe. The bias was so strong on this court that 5 members recused themselves from this hearing and a substitute judge at the hearing remains under a cloud (see details here).

3) Certain state prosecutors who consider abortion criminal prosecution “a career killer” (more on them in future posts).

The incident involving law clerk Herr is troubling on several levels. First of all, as an attorney, Herr is sworn to uphold a certain comportment and reserve, which conflicts with tweeting denigrating comments during a state hearing. She wore her badge in court, and it is assumed she was on state salary as she sent out various messages against Kline’s court responses and called him a “douchebag.”

But it also shows how deep the media-assisted pro-abortion and anti-Kline messaging has succeeded. Her tweets resemble those of a young pro-choice adult responding to Planned Parenthood propaganda; yet Herr is a highly trained attorney who is supposed to be able to read challenging legal documents, and edit legal submissions for the court.  This is a person paid to “sift” through complicated documents and recommend legal pronouncements. Nevertheless, on Thursday, she tweeted in capital letters for emphasis:

“ARE YOU FREAKING KIDDING ME. WHERE ARE THE VICTIMS? ALL THE PEOPLE WITH THE RECORDS WHO WERE STOLEN.”

Ms. Herr–no abortion records were ever stolen. Court-ordered medical files were legally obtained and protected—inordinately so. The victims of illegal late-term abortions and non-reported rape in Kansas were the focus of Kline’s actions.

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Three politically-charged events are actually deeply interlocked: unjustified injunctions from Judge Thomas Marten, a state Supreme Court-supervised panel ruling against Phill Kline, and the defense lawyer for Kris Neuhaus showing abortion files without permission.

The state of Kansas is currently appealing a Title X injunctive order for Planned Parenthood from Judge Marten, which echoes a situation seven years ago when he issued an abortion-helping preliminary injunction that was  overturned on appeal. Then Marten reinstated the injunction permanently!

In that case, abortion clinics and counselors had sued then-Attorney General Phill Kline for issuing an opinion that clinics needed to report all pregnant minors to law enforcement agencies.  Under child protective law, all physicians, counselors & teachers were required to report children injured (now the word is “harmed”) by physical, mental, or emotional abuse or neglect, or sexual abuse.”

Kline was aiming at prosecuting unreported statutory rape by adult predators, not ‘Romeo-Juliet’ pregnancy situation. For example during 2002-2003, 168 underage pregnant girls were aborted in Kansas but abortion clinics only reported 2!

Marten ruled that Kline’s opinion threatened the “informational privacy rights” of minors and that such was an ‘irreparable harm’ that trumped state child rape law.

Now we come to the second entangled matter: Thursday’s 3-person panel issuance that Kline’s professional actions violated attorney standards.

Notably, Kline is being punished by abortion defenders-in-high-places for daring to prosecute the abortion industry. The second charge of the panel is Kline’s supposedly deficient legal advice about abuse reporting to a grand jury investigating Planned Parenthood. In actuality, pro-abortion attorneys tried to confuse lay people on the jury about the Marten injunctions in relation to subpoenas for clinic records.

Invading abortion privacy/secrecy has been the heart of Kline’s supposed “crime” as formulated by the abortion cartel, former Gov. Kathleen Sebelius and “third wave” feminist–and state Supreme Court Justice– Carol Beier.  It is the Democrat appointees who now dominate the State Supreme Court, in control of the ethics action against Kline. Language in the ethics charges come straight out of abortion attorney filings!

Medical privacy –not child safety–was the war cry used to dump Kline, after the courts had successfully tied up his prosecution of illegal late-term abortion until days before his 2006 re-election vote. And not one identity of an abortion patient has EVER been made public from Kline’s investigations or during file-handling by citizen-petitioned grand juries.

This is where the third matter of Neuhaus becomes entwined.  Eleven of the very abortion records ferreted out by Kline–at the expense of his political career–are being used by the state Board of Healing Arts i (more…)

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