Phill Kline’s attorney, Tom Condit, said the motion urging Arnold-Burger’s recusal was filed Friday after Kline discovered the judge’s role in “publishing a factually inaccurate, if not dishonest, newsletter to judges throughout Kansas that further distorted and demeaned the professional conduct of Mr. Kline.”
As editor of the Verdict, Judge Karen Arnold-Burger oversaw the publication of numerous false statements regarding Phill Kline’s investigation of Kansas abortion clinics. Some of the statements were drawn from the CHPP v. Kline opinion authored by Chief Justice Carol Beier, who was one of five sitting justices already recused in this case. In the CHPP opinion Beier frequently revealed her hostility toward Mr. Kline, threatening future discipline and misstating facts in order to tarnish the integrity of his investigation. Other statements published in the Verdict criticized Kline and the elements of the investigation without any factual support.
In the motion, Mr. Condit asserted, “Judge Arnold-Burger’s mere parroting of the CHPP v. Kline falsehoods in her publication could possibly be explained as not evidencing bias, but merely an expression of misplaced trust in the integrity of this Court. Magnifying those falsehoods by publishing claims contradicted by the CHPP opinion and having no other basis in fact, however, cannot be excused as innocent error.”
Related Article: Kansas Supreme Court Panel Biased Against Phill Kline http://www.lifenews.com/2012/08/15/kansas-supreme-court-panel-biased-against-phill-kline/