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Posts Tagged ‘Judge Franklin Theis’

Judge Franklin Theis

Judge Franklin Theis

Abortionist Neuhaus

Abortionist Kris Neuhaus

I experienced an all-too familiar shudder when I recently learned Shawnee District Judge Franklin Theis had again overturned the Kansas State Healing Arts Board’s decision to revoke the license of disgraced abortionist Kris Neuhaus.

The first time her medical license was revoked, in July 2012, was for “professional incompetence” and “failing to meet minimum requirements for maintaining records.”  In March 2014, Judge Theis overturned the Board’s revocation.

The Board revoked Neuhaus’s license a second time in January 2015. (read more here)

Par for the course, Judge Theis took two years to issue his most recent decision undermining the Kansas State Healing Arts Board.

This is the same judge who, for five years, stalled motions to move forward on the lawsuit blocking Kansas’ long-sought law regulating abortion clinics.

ksbha-safeguardingThe Board, which has conservatively spent about $100,000 on this Neuhaus case, will consider how to proceed at their June meeting. (read more here)

I ploughed through Judge Theis’ brain-numbing 97-page ruling. The bottom line is that Judge Theis believes the Board’s “charge list” against Neuhaus is improperly worded under statute and misuses their own Disciplinary Guidelines grid.

INFAMOUS SCHEME
Neuhaus is the failed abortionist who made a living from 1999-2007 rubberstamping the legally-required mental health referrals for late-term abortions. She performed this “service” minutes before the abortions, and inside the Wichita abortion clinic of the late George Tiller.

Under the 1998 state law, the role she was supposed to play was that of an “independent” check on post-viability abortions by providing bona fide second opinions on maternal health. According to court records, before Neuhaus accepted the job, Tiller had called approximately 100 Kansas physicians who refused to participate in such an arrangement.

The specific patient cases used by the Board to justify Neuhaus’ revocation were

11 teens in 2003 for whom she used an online mental health “tool” to certify that the girls required third-trimester abortions.

Kansas has since banned all abortions after 20 weeks due to the unborn child’s proven capacity to experience pain. (read more on the law here)

COURT SAGA
The 58-year-old Neuhaus has been officially in trouble with the Board for the better part of the last 25 years, which has twice characterized her as a “danger to the public.”

Thousands of citizen petitions about Neuhaus had been sent to the state Board before it acted to revoke her medical license in July 2012 for

  1.  incompetence;
  2.  failing to meet the standard of care; and
  3.  record-keeping failure.

But in March of 2014, Judge Theis tossed the Board’s first two findings. He said they were based only on “an inference” from problems with her records –or lack of records–and remanded the case back to the Board  to refine the third charge.

The Kansas Court of Appeals refused to reverse Theis’s ruling in June of 2014. (read more here)

In January 2015, the Board issued a second revocation, and a lowered legal bill for Neuhaus to reimburse.  The Board characterized her as stubborn and “incapable of successful rehabilitation.”

Seems to me that description could also be applied to Judge Theis. Stay tuned.

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Kris Neuhaus

Kris Neuhaus

[UPDATE Nov. 9: Caddell lost with under 32% of the vote.] Michael Caddell, the husband of notorious abortionist, Kris (Ann Kristin) Neuhaus, is the Democratic candidate for State Representative of Dist. 47 in rural, northeast Kansas. Caddell, 61, is a “semi-retired” producer of left-wing podcasts and a “self-described hell-raiser” (according to the Lawrence Journal World).

Most pro-life Kansans know Neuhaus as the abortionist with two decades of disciplinary interactions from the State Board of Healing Arts, culminating in revocation of her medical license. The Board assessed her as incompetent, “showing no signs of remorse” and “incapable of successful rehabilitation.”

Judge Franklin Theis

District Judge Franklin Theis

Shawnee County District Judge Franklin Theis has inexcusably indulged her efforts to get the license reinstated. The second appeal from her has been dormant in his possession for 18 months.

Judge Theis is the master of ‘delay-delay-delay’ when it comes to Neuhaus –as well as to Kansas abortion litigation. He has unduly stalled, for over five years, implementation of the abortion clinic licensure law which pro-lifers had worked ten years to achieve.

Judge Franklin Theis is on the Shawnee County ballot for retention. Pro-lifers cannot support him.

UNQUALIFIED FOR PUBLIC OFFICE
Michael Caddell’s political views are further to the left than those of Bernie Sanders and in fact balks at having to don the Democrat label because he thinks it’s too conservative! Caddell had been licensed to carry a gun through 2005 and “provided security” outside various abortion clinics–mainly where his wife worked.

Salina Post, 3-5-91: Mike Caddell, editor of the Frankfort Alternative Index, has come under fire from Frankfort residents for his views

Salina Post, 3-5-91: Mike Caddell, editor of the Frankfort Alternative Index, has come under fire from Frankfort residents for his views

Caddell failed repeatedly to indoctrinate rural Kansas towns with his radical socialist manifestos. (see here and here) When living in Westmoreland, in the early 1990’s, he bought three small news weeklies and in short order the staff quit and the papers folded. Residents there, in the shadow of Ft. Riley, didn’t appreciate his anti-war diatribes and style of muckraking. In Nortonville, where he and Neuhaus now live, residents were both insulted and repulsed at his attempts at journalism. As the Lawrence Journal World reported:

Nortonville’s mayor submitted copies of Caddell’s “Flying Cock-fighter” flyer to the county attorney, registering a complaint about the obscenity. “He’s a screwball…a nut,” Mayor Herman Ackmann said of Caddell. “Why he thinks he’s a journalist, I’ll never know.”

Most certainly, District 47 constituents should reject Michael Caddell for state representative, much less any public office.

NEUHAUS SAGA REVISITED
Kris Neuhaus is the failed abortionist with two decades of disciplinary interactions from the Kansas State Board of Healing Arts. It began with the federal Drug Enforcement Agency stripping her of prescription authority in 1998, followed by patient complaints and Board interventions in which she was twice labeled a “danger to the public.”

ksbha-logoNeuhaus held on to her medical license (under conditions of Board monitoring and additional training) and eventually her sole income came from supplying George Tiller with “independent referrals” for late-term abortions. Before Tiller’s death in May of 2009, the Board had initiated revocation of the licenses of both Tiller and Neuhaus. After arduous and expensive state proceedings, Neuhaus’ license was revoked…and overturned…and revoked again– and the second appeal is not yet completed, due to Judge Theis.

QUICK FACTS ON NEUHAUS REVOCATION :

  • July 2012- The state Board revoked her Kansas medical license for “professional incompetence” and “failing to meet minimum requirements for maintaining records.”  Neuhaus appealed.
  • March 2014- Judge Theis overturned the revocation and sent the matter back to the Board for reconsideration.
  • Jan. 2015- The Board issued a second revocation against Neuhaus on the single issue of incomplete medical files for 11 teens obtaining third trimester abortions through Tiller. The legal costs owed the Board were reassessed at just under $32,000.00.say-no-judges
  • March 2015- Neuhaus appealed.
  • Nov. 2016- Judge Theis has not yet ruled on the repayment issue with further action on the stalled appeal scheduled for phone conference next week …AFTER the judge’s retention election.

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vote-ad-1-maroon-tintThe lead story across Kansas in the closing days of October was the election-focused poll from the Fort Hays State University’s Docking Institute of Public Affairs—not a conservative source. Among the unsurprising results in a red state were that Trump is in the lead, the public is agitated over state budget deficits, and 64% of the nearly 900 “likely voters” polled wanted an end to all or most abortions.

The very unwelcome news for liberals (and their handmaidens in the media) who want Kansas judges on the bench for life, was that the poll showed Kansas Supreme Court justices who are up for retention are not “safe.”

That was truly encouraging news for pro-lifers, who see all our hard-fought laws endangered by an impending horrific ruling on abortion from our state Supreme Court. This is an unprecedented opportunity for pro-lifers to replace judges before they wreck our Constitution and declare that it has been “discovered” to protect abortion.

All society’s liberal “elites” are insulted that voters have the right to oust our top judges, but we were guaranteed that right when we amended our constitution in 1958 to give the selection of those judges over to an attorney-dominated commission.

Kansans for Life has launched a major initiative, “Better Judges for Kansas,” urging voters to dump activist judges with abortion bias– from district courts up through the state Supreme Court. Read here for articles explaining why the issue of judge retention is of paramount importance to pro-lifers.

The Kansas Supreme Court has deliberately delayed ruling on the injunction that has blocked our ban on barbaric dismemberment abortions from going into effect. Remember, this bipartisan-passed law prohibits the tearing apart of fully-formed children while still alive in their mother’s wombs.abortion-on-ballot-snip-lightened

KANSAS JUDICIAL ABORTION BIAS
Abortion is indeed on the ballot Nov. 8 in Kansas, although there is no amendment question about abortion. Informed pro-lifers will be rooting out abortion bias in judges up and down the ballot. Here are just some of the examples of this bias:

ABORTION BIAS was shown from 2004-2008 by the Kansas Supreme Court in its various dealings with then-Attorney General Phill Kline who attempted to prosecute illegal abortions; they even set up a unique and secret Court of Inquisition against Kline. The tongue-lashing of Kline by Justice Carol Beier was publicly slammed by fellow justices as “the very antithesis of ‘restraint and discretion’ and not an appropriate exercise of our inherent power.”

ABORTION BIAS was shown in 2008 when the Kansas Supreme Court benefitted notorious abortionist George Tiller by delaying a decision on sending the grand jury redacted abortion files. While waiting for this evidence, the grand jury ( whose final resport said they believed Tiller was guilty) ran out of its statutorily-mandated time…which the Kansas Supreme Court also could have extended, but did not.

judge approved art 5.pubABORTION BIAS was shown from 2011-2016 in the state court of Shawnee County District Judge Franklin Theis with a challenge to the abortion clinic licensure law. Judge Theis repeatedly ignored motions from the Kansas Attorney General’s office to proceed with the case. In another matter, Judge Theis continues to allow meritless appeals to be heard from abortionist Kris Neuhaus in her quest to regain her revoked Kansas medical license.

ABORTION BIAS was shown since 2015 in regards to the ban on dismemberment abortions, starting in the state court of Shawnee County District Judge Larry Hendricks who blocked the ban on dismemberment abortions. The ban is not yet in effect because:

  1. the Kansas Supreme Court (realizing their likely decision would threaten their retention) refused to rule on it at the outset and then delayed the matter until after elections.
  2. the Kansas Court of Appeals split evenly, which let stand Hendricks’ ruling — using all 14 judges instead of the normal panel of three (knowing six of them faced retention).

Abortion is on the Kansas ballot, written into judicial retention, and other candidate races. Pro-lifers should encourage all voters in their circle of influence to use our recommendations at

and forward the information on social media. The unborn babies in Kansas are relying on you!

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Judge Franklin Theis

Judge Franklin Theis

With a “refusal to rule” late Friday afternoon, a local judge continues to thwart state oversight of abortion facilities as permitted under the pivotal 1992 Planned Parenthood v Casey U.S. Supreme Court ruling.

To the consternation of pro-lifers, the 2011 Kansas abortion clinic licensure law remains blocked in the Topeka court of District Judge Franklin Theis.

On Friday afternoon, Judge Theis denied the state of Kansas’ request that he rule on whether the law discriminated against women, as alleged by the litigants, the Overland Park Center for Women’s Health [CWH].

Attorney Sarah Warner, representing the office of Attorney General Derek Schmidt, explained that

the litigants’ “equal protection” claims as a reason to overturn state abortion laws had been rejected 20 times by the U.S. Supreme Court going all the way back to 1977.

In other words, failed arguments should be dismissed.

Warner also told Judge Theis that the Supreme Court has upheld the state’s ‘compelling interests’ in regulating the medical profession and in insuring the health and safety of women inside abortion clinics. Warner referenced the ”jaded” history of unregulated practitioners. She noted that the murder trial of abortionist Kermit Gosnell had unfolded during the law’s passage, adding further evidence of the need of such regulation.

Theis listened to the state argument for nearly an hour, then to the short (approximately seven-minute-long) rebuttal from one of CWH’s five seated attorneys.

Judge Theis then restated his initial position–that “he needs facts” and that both sides should continue to plan for trial. “I don’t think you can make a decision without learning the total picture,” Judge Theis said.

In other words, he ducked the critical question he was supposed to answer: whether certain ‘already settled’ claims should be eliminated and focus on whether the state had indeed issued ‘rational’ medical facility oversight.

THREE LAWSUITS FROM ONE CLINIC
At the conclusion of his remarks, Judge Theis mentioned the ‘elephant in the room.’ This was an allusion to the injunction against Senate Bill 95–the Unborn Child Protection from Dismemberment Abortion Act– in which Larry Hendricks, another district court judge, shockingly held that the Kansas state Constitution contains a right to abortion. That request for an injunction was also filed by CWH.

CWH, the father-daughter duo

CWH, the father-daughter duo of Herb Hodes & Traci Nauser

Judge Theis.commented about the importance of whether such a ruling is upheld, and the fact that it could be headed to the state supreme court, which obviously would have an impact on this clinic law.

Also noted in the hearing was the third lawsuit in yet another district court—also filed by CWH—against the 2013 Kansas Pro-life Protections Act. Although that law is not blocked, the lawsuit challenging it also claims there is a state constitutional right to abortion.

Thus all three suits are linked to the appeal to the Dismemberment injunction ruling in which a single judge believes a hitherto undiscovered right to abortion exists in the Kansas state constitution.

BACKGROUND ON THE LAW
The comprehensive abortion facility licensure law would apply to hospitals, ambulatory surgical centers, and physician offices in which 5 or more elective abortions were performed in a month. The law requires incident reporting, state health inspections, minimum building codes and local hospital privileges for practitioners.

While the law has been stalled, specific provisions defining abortion “for medical emergencies” and in-person physician delivery of abortion pills have been changed in the last two legislative sessions.

The clinic licensure law had immense public support after decades of abortion malpractice including deaths of 5 women following abortions by Kansas-licensed abortionists. A nearly identical licensure law had twice been passed and vetoed in 2003 and 2005 under former Gov. Kathleen Sebelius.

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Kris Neuhaus

Neuhaus at Board

Late Friday, the Kansas Board of Healing Arts issued a final order of license revocation for abortionist Kris Neuhaus, calling her “incapable of successful rehabilitation.”  Kansans for Life applauds the resolve of the Board in protecting the public from her.

Neuhaus’ license had been revoked in 2012 for her failure to follow both standard of care and record-keeping protocols when providing the legally-required “second  independent medical opinion ” that enabled 11 teens in 2003 to obtain third-trimester abortions at the Wichita abortion clinic of George Tiller.

Neuhaus challenged that revocation in state district court. While upholding the Board’s findings that Neuhaus repeatedly failed to document patient histories properly, Judge Franklin Theis vacated the standard of care charge and sent the matter back to the Board for a “do-over.” on Dec. 11  (see here).

The Board upheld using the sanction of revocation for record-keeping misconduct, because this was Neuhaus’ “third strike ” in this arena.

She had been involved in two prior disciplinary actions from the Board between 1999-2001 and as part of retaining her medical license then, she had legally PROMISED to correct her admitted record-keeping failures in the future.

Creating and maintaining proper medical records is not a trivial matter. The Board asserted that the “the interest of the patient is paramount…Failure to properly document denies the patient of the opportunity to receive proper follow up care and treatment.”

The Board particularly cited the youth, inexperience and vulnerability of the 11 patients, “who may have had a unique need for follow up because [Neuhaus] testified that some exhibited suicidal ideation or other indicators of mental illness or psychiatric problems.”

The Board found that Neuhaus:

  • intentionally, willfully and knowingly committed multiple violations of the Kansas Healing Arts Act;
  • “has not learned from prior disciplinary actions [and] fails to express contrition or otherwise acknowledge the wrongful nature of her conduct”;
  • feels”justified in her actions and showed no signs of remorse”.

Neuhaus’ attorney, Bob Eye, had pressed that Neuhaus had already suffered a sufficient penalty of not having had her Kansas medical license for the past years during litigation. However, the Board disagreed, and cited continued revocation and court costs were warranted under their sanctioning guidelines.

In the earlier revocation, the state lost the $93,000.00 in court costs charged to Neuhaus which Judge Theis dismissed. Neuhaus has fifteen days to file a new appeal.

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ksbha logoAfter presentations Thursday from attorneys on both sides, the Kansas State Board of Healing Arts deferred a ruling on the matter of abortionist Kris Neuhaus, whose license they had revoked in 2012. Neuhaus wants to regain her license and not pay the original $93,000 in assessed court costs.

From 1999-2006, Neuhaus provided the legally-required “second-physician approval” for post-viability abortions performed by the now-deceased Wichita abortionist, George Tiller.

At issue were 11 such abortions in 2003, performed on teens in the third trimester. The Board issued license revocation for her failure to follow the standard of care in those cases.

Neuhaus won a reprieve of that revocation from Shawnee District Court Judge Franklin Theis, who ruled that –although her record-keeping was deficient–the revocation was too severe a penalty and the Board must revisit the case.

The Board met Thursday and allowed the public to hear the presentations from Neuhaus’ attorney, Bob Eye, and their own counsel, Reese Hays, as well as questions from Board members. At a few points, Neuhaus called out from the audience that she wanted to address the Board, and they permitted her a few  statements– which were promptly struck from the record as improper and irrelevant.

The Board then recessed to conference in private and then announced their decision would not be issued today.

Hays’ recommendation to the Board is that

Neuhaus is defiant, and cannot be rehabilitated.

He reminded that the 2003 case is Neuhaus’ “third strike” as the Board had disciplined her in 1999 and 2001 for similar record-keeping failures.

By her own admission, Neuhaus’ omission of essential information and assessments in the teen abortion files was intentional. It was even more egregious because, due to earlier misconduct, she was bound by a legal agreement with the Board to faithfully execute state regulations for patient charting.

Hays urged the Board to follow their own disciplinary guidelines, and include the “aggravating” factors that justified license revocation. That included the vulnerability of inexperienced and immature teens diagnosed with mental health problems but left without accurate medical files necessary to obtain proper follow-up medical care.

Neuhaus’ attorney, Bob Eye, hammered on the idea that Neuhaus wants to continue in the medical field and that her actions in 2003 were described as not “nefarious” by Judge Theis.

Board member, Anne Hodgdon, objected, asserting that the matter at hand was Neuhaus’ willful disobedience of the law and the Board.

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Kris Neuhaus

Kris Neuhaus (AP file photo)

Next Thursday, the Kansas State Board of Healing Arts will have a hearing on their 2012 license revocation of abortionist Ann Kristin (Kris) Neuhaus.

They were ordered to review this case (translation: undo the revocation and issue a slap-on-the-wrist penalty) by Shawnee District Court Judge Franklin Theis, ruling on the appeal filed by Neuhaus.

The Board was incensed at the refutation of their authority to revoke, and asked for the state appellate court to intervene, but that support was denied. Instead, they were forced to obey Theis and re-present the case to the Board. In their newest filing,

Board attorneys emphasize this is Neuhaus’ “3rd strike” and her “character is not one that can be rehabilitated.”

The legal issue is Neuhaus’ repeated violations of standard of care, i.e. the baseline professional requirements in assessing the patient, making a diagnosis and committing this data into a written medical file.

The backdrop to the case was that Neuhaus, a failed “circuit-riding” abortionist, had become the integral “rubber stamp” for post-viability abortions performed by infamous (now deceased) Wichita abortionist, George Tiller. The state law at the time banned post-viability abortions without a second opinion from a Kansas- licensed physician verifying that the mother faced “substantial and irreversible” harm. The Board utilized case files obtained by (former) Attorney General Phill Kline of 11 teens who had obtained third trimester abortions in 2003 with Neuhaus’ approval of dire “mental health” conditions.

The Board’s arguments for revocation do not hinge on professional fraud, or the fact that Neuhaus utilized an online ‘psych-profiling’ system to claim grave mental health issues justified those 11 abortions. The Board simply asserts that Neuhaus continues to ignore the essential, legally required written elements for patient intake, evaluation and case history.

It’s a problem that the Board repeatedly disciplined Neuhaus for:

  • in 1999 it was multiple cases of her failure to record drug dispensation as required by the federal authorities (DEA);
  • in 2001, it included her inability to do proper patient intake, create a proper sedation record, or document the gestational age of the unborn child as required by the Kansas Woman’s Right to Know statutes.

Judge Theis himself acknowledged that Neuhaus’ record-keeping fell below standard of care, but it was his opinion that it didn’t merit revocation.

The Board’s newest filing emphasizes that her deficient medical files were particularly egregious at the time of those eleven abortions, because Neuhaus was still bound by her 2001 formal promise to the Board to “comply with all provisions…of medical record-keeping.

The Board’s attorneys profile the situation thusly:

“The Board has attempted to remediate and rehabilitate [Neuhaus] to no avail…by her behavior in the two previous actions [her] conduct shows that she believes her way is better than the Board’s…she was given, not one, but two second chances to fix her documentation issues…her character is not one that can be rehabilitated.”

The Board will be presented with this second airing of the case Thursday and then notify Judge Theis of their stand. It’s assumed that the Board will maintain their original revocation and their authority in this matter.

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