By Kevin Zwick
Staff Reporter
Capitolwire
HARRISBURG (Oct. 21) – With her law license suspension imminent, Attorney General Kathleen Kane told top staff she believes the suspension will have “a minimal impact” on her duties, a spokesman said.
“The Attorney General made clear that the chain of command will remain in place as it has been. She pointed out that 98 percent or so of her duties are administrative or ministerial, and she plans to continue performing those duties,” said Kane spokesman Chuck Ardo, who briefed reporters on what Kane relayed to about a dozen top aides Wednesday afternoon. A memo to staff outlining her position has not yet been written, he said.
Her law license suspension, ordered Sept. 21 by the state Supreme Court, is effective midnight tonight.
The other “2 percent” of the duties that requires a valid law license will go through a chain of command, starting with First Deputy Attorney General Bruce Beemer. Without a valid law license, Kane won’t be able to appear in court or sign certain documents, including search warrants, subpoenas or wiretaps, Ardo said.
“Attorney generals over the last 30 years have had primarily administrative and ministerial duties, that they don’t actually appear in court, and consequently she will be able to do virtually everything previous attorney generals have done, excepting those few that would require a valid license,” he said.
Kane’s name will still appear on legal filings from the office. Most legal decisions are made by lawyers in charge of divisions of criminal, civil, consumer protection and other areas, prior to reaching Kane’s desk for final approval.
“She will be able to express her opinion. Again, she wouldn’t be able to act as an attorney, but she would certainly be able to express her opinion as attorney general,” Ardo said, noting she could still make policy decisions, such as when she decided her office would not defend the state’s ban on same-sex marriage.
Kane, the first woman and Democrat elected Attorney General, was charged criminally in August for allegedly leaking confidential grand jury material, attempting to cover up the leak and then lying about it under oath. Kane denies any wrongdoing. Additional charges were filed against her earlier this month related to the alleged leak.
The Supreme Court’s Office of Disciplinary Counsel said Kane admitted ordering the release of a 2014 memo regarding a 2009 grand jury into the finances of the J. Whyatt Mondesire, the former head of the Philadelphia NAACP, who passed away earlier this month.
The disclosure constituted “egregious misconduct” that caused “immediate and substantial public harm to the criminal justice system,” according to court documents.
-30-
