Kan. AG Defends Choice of Attorneys for Planned Parenthood Suit

July 21, 2011 — Kansas Attorney General Derek Schmidt (R) is defending his office's decision to retain legal counsel from a Wichita-based law firm in a lawsuit filed against the state by Planned Parenthood of Kansas and Mid-Missouri, the AP/Wichita Eagle reports. Democrats have noted that a firm partner, Harvey Sorensen, was co-chair of Schmidt's 2010 campaign (Milburn, AP/Wichita Eagle, 7/19).

The lawsuit seeks to block a provision in the state budget that prevents PPKM from receiving family planning funds and redirects $334,000 in federal family planning money to other organizations. Planned Parenthood argues that the law violates the rules of the federal Title X family planning program, as well as the group's due process and free speech rights (Women's Health Policy Report, 7/13).

On Tuesday, Schmidt rejected Democrats' suggestions that hiring the law firm Foulston Siefkin to represent Gov. Sam Brownback (R) and the state's top public health officials was a political favor. He said the selection was based on timing and resources, adding that the firm has shown that it is capable of providing "a vigorous defense" for the state. According to the AP/Eagle, Foulston Siefkin has more than 90 attorneys on staff and previously represented Democratic and Republican administrations in a variety of cases.

However, state Democratic Party Executive Director Kenny Johnston on Tuesday said questions remain about Schmidt's judgment in hiring Foulston Siefkin amid the "suspicion of cronyism." Johnston said, "He would have avoided all of this by being up front about timing issues or decisions to go with no-bid processes," adding, "Instead he's found himself caught looking like his hand is in the cookie jar and now he's trying to excuse his way out of it."

Meanwhile, Schmidt's office also has hired Kansas Solicitor General Stephen McAllister in the state's defense of new licensing requirements for abortion clinics. McAllister has previously represented the state in federal lawsuits under Democratic and Republican attorneys general, the AP/Eagle reports (AP/Wichita Eagle, 7/19).