PRESS RELEASE

For immediate release: January 26, 2010
All comments attributable to:
Mary Kay Culp, State Executive Director, Kansans for Life
Contact: 913-406-4446 or 913-642-5433 

 KFL's "Fire Beier" Campaign Bolstered by Monday Revelation
KFL PAC campaign to expose lies & vendetta against abortion prosecutors

Mary Kay Culp, Executive Director of Kansans for Life, announced at the group’s annual Rally for Life, Friday, Jan. 22, that a "Fire Beier” initiative is being undertaken by the KFL Political Action Committee.

The campaign will aim to educate voters about why they should vote NOT to retain the Kansas Supreme Court Justices up for retention in November, 2010, particularly Justice Carole Beier.

Today, Culp expanded on why this campaign was initiated and announced a huge boost to the effort from Monday’s legal filings defending Kline’s former aide Eric Rucker (revealed by a freedom of information action filed by the Kansas WatchDog -- www.kansaswatchdog.org.)

Statement by Mary Kay Culp:

The “Fire Beier” initiative will reveal Kansas Supreme Court Justice Carol Beier's participation in a dishonorable disinformation campaign to obstruct justice, more reminiscant of an aggressive abortion industry defense attorney, than impartial judge. 

Her actions and interference have resulted in abortion prosecutions being unjustly stalled and compromised by a state Supreme Court that continues to:

• keep a judge gagged after he began testifying about Planned Parenthood document falsifications;

• delay a ruling that would release abortion forms from KDHE that at no time ever contained patient names;       

• actively inflame the public against abortion prosecutors, charging they violated ethical standards, while concealing that those charges are contradicted repeatedly by judges and the Supreme Court disiplinary administrator’s own investigations.    

The original problem lies in large part in the Kansas process for the appointment of Supreme Court Justices, where three  nominees are selected by an unelected, elitist group, and the final choice is made by the Governor, without Senate confirmation. 

Most of the current corruption in Kansas stems from appointments made by a Governor completey compromised by financial ties to the Kansas abortion industry. We are supporting legislation to correct the nomination/appointment system, and in the meantime hope to educate citizens and encourage them to help us begin the process of righting the wrongs of the current corruption, through our “Fire Beier” campaign this November.

The list of bona fide examiners exonerating Kline and his assistants now includes:

            • Judge Richard Anderson, starting in Nov. 2006, 
            • Judge David King, in his Court-requested final report in Jan. 2008,
            • the (newly discovered) Disciplinary Administrator’s special investigation report in May 2008,

            • Judge Clarke Owens, at request of defense attorneys in State v Tiller, in Feb.2009.

On Monday, Jan. 25, attorneys for Eric Rucker filed a motion to reconsider the ethics charges against him, and included the results of a previously unknown extensive investigation done by the Supreme Court's disciplinary administrative office, which concluded:

            “there is not probable cause to prove that Phill Kline violated any of the rules of ethics.”  

Rucker’s motion asks whether the panel charging him with ethical violations had known of the administrator’s own findings and those of Judges King and Owens.  Interestingly, the recent ethical complaint filed against Kline does NOT mention the results of the report commissioned by the disiplinary administrator, although it evidently came out in May of 2008. Nor was it released or made known to a public that voted Mr. Kline out of office three months later.

We believe Beier is the instigator of the ethics charges against Rucker, Maxwell and Kline, perhaps because of the fact that--after investigations--conclusions were reached that she didn't agree with.

Even Beier’s fellow Justices complained of her Kline-bashing

We are not alone in our observations about Beier’s bias when it comes to interpreting the state's abortion laws.  On December 5, 2008, the Court ruled that Kline’s actions did NOT constitute contempt of court.  Beier, however, writing for the majority, took the opportunity to complain about Kline for 18 pages! 

Then-Chief Justice of the Kansas Supreme Court, Kay McFarland, and current Chief Justice of the court, Robert Davis, stunningly called out Beier for going beyond professional conduct based on prejudice-- exactly what Beier continues to claim about Kline.  Chief Justice McFarland said, in part:

“‘It appears to me that the majority invokes our extraordinary inherent power to sanction simply to provide a platform from which it can denigrate Kline for actions that it cannot find to have been in violation of any law and to heap scorn upon him for his attitude and behavior that does not rise to the level of contempt.
This is the very antithesis of “restraint and discretion" and is not an appropriate exercise of our inherent power.’ (emphasis added)

Our Concerns About Beier spelled out:

1) Judge Richard Anderson of Topeka has been gagged by the Kansas Supreme Court since May 2008, at the request of A.G. Steve Six. Anderson is one of several judges who found probable cause that crimes had been committed by Planned Parenthood and George Tiller. Specifically, Anderson will testify that abortion forms were falsified by Planned Parenthood, that an independent police lab verified it, and that he told Planned Parenthood’s attorney about it.

2) The Johnson County District Attorney’s office is being denied evidence for their prosecution of Planned Parenthood, while they wait, 8 long months after oral arguments, for the Court to rule on their appeal. The evidence withheld includes Kansas Department of Health (KDHE) abortion reports the DA needs in order to compare them to those allegedly falsified. The reports need not be redacted, as they are not designed to, and thus never do, contain a patient's name.

3) Beier is the reason ethics charges have been filed by the Court’s disciplinary administrator against former AG Phill Kline and his 2 top assistants—despite multiple exonerations. We believe the Court put off their ruling on the Planned Parenthood case to insure the ethics complaints came out first, in order to intimidate both prosecutors and state medical board attorneys from pursuing abortion illegalities. Stirring up public animosity is particularly appalling when concealing vindications of Kline by secret tribunals and non-publicized rulings by multiple judges.

4.) Beier is not impartial when the issue is abortion. Beier is a Sebelius-appointee and former staff attorney (1986-87) for the radically pro-abortionNational Women's Law Center.  We believe she is perverting her position on the court to help prevent Planned Parenthood avoid a trial. By making examples of Kline and his assistant prosecutors, Eric Rucker and Steve Maxwell, she hopes to discourage current and future abortion clinic investigations, and punish them personally for their temerity in prosecuting abortionists.

Food for Thought

Consider if Kline’s campaign for A.G. promised he’d eradicate sex-trafficking concealed in Big Businesses in Kansas, instead of halting ILLEGAL post-viability abortions.  In that scenario:

•  The media would not have derided sex trafficking investigation as a fishing expedition, nor ignored Big Businesses’ donating millions into state election campaign coffers;

•  KDHE would not have withheld statistical information;

•  Prosecutions would never have been stalled over 7 years, with frequent Court interventions to protect Big Business;

• Justice Beier would not have dreamed of initiating ethical complaints to nitpick the investigation process and intimidate future prosecutions.

But, when abortion crimes are being investigated, all the rules change.

Other Justices being examined

The initiative to NOT retain Beier may also include recommendations to NOT retain other Supreme Court Justices, as the KFL PAC sees fit. For example, Sebelius' last appointee on the court, Don Biles’ main qualification appears to be his status as law partner of the head of the Kansas Democratic Party, which has taken hundreds of thousands of dollars from one of the abortionists Kline was investigating.

In recent years voters have grown increasingly interested in the views of judges prior to voting. Our PAC receives thousands of these requests and in fact KFL was party to a recent national lawsuit which affirmed that it is indeed constitutional for judges to fill out candidate questionnaires. 

The KFL PAC will do what it always does during election cycles: inform members and interested voters about the candidates who are endorsed for office, and why. The one activity we will add to bolster the “Fire Beier” campaign is a series of educational and political statewide radio ads.
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