Kansas City’s NPR affiliate reports:
Former Kansas Secretary of State Kris Kobach agreed to legal sanctions to resolve a disciplinary complaint about his conduct in a voting rights case he lost last year. As part of the resulting diversion agreement made public Monday, Kobach admitted that he did not properly supervise lawyers and others while contesting a lawsuit that challenged how he carried out a new voter ID law.
Typically, referrals to the attorney diversion program are confidential. But in this case, the parties agreed to disclose that Kobach had entered into the diversion agreement on Oct. 10 and that Kobach had admitted to the two disciplinary violations — his failure to oversee his lawyers and to supervise his other staff in the case. Kobach, who is campaigning for the U.S. Senate, could not be reached for comment.
Law & Crime reports:
In an October 25 letter, the ODA wrote: “[T]he Review Committee for the Kansas Board for the Discipline of Attorneys has considered the information related to your complaint and has approved a request from Mr. Kobach that the complaint be referred to the Attorney Diversion Program.
Referral to the diversion program by the committee is equivalent to a finding under Kansas Supreme Court Rule 210(c) that there is probable cause to believe that the respondent violated the Kansas Rules of Professional Conduct.
Diversion agreements are distant cousins of court-ordered probation. They are formal arrangements with specific terms and conditions that a person must make good on in order to have pending charges against them dismissed. Effectively, like probation, the person subject to such an agreement is “on paper.”