Recall Kline movement afoot by moderate GOP

[Mabus]

Please, please, please, please....

The article says that the recall effort can't start until Kline has been in the DA's office for 120 days. It looks like the best tactic to take will either misconduct or failure to perform duties. This is assuming he tries to continue the same path he took while AG, i.e. spending too much time going after abortion clinics and not enough on criminal prosecutions and other DA related duties.

Recall of Kline too difficult, moderates say
“We’ll talk about it, but I can’t imagine it’s doable,” chairman says.

By STEVE KRASKE
The Kansas City Star

A group of moderate Republicans is backing away from the notion of recalling Phill Kline, who was elected Monday as Johnson County district attorney.

***

Massive Problem No. 1: As district attorney, Kline would have to approve a recall petition. Grounds for a recall are limited to a felony conviction, misconduct in office or failure to perform duties prescribed by law.

Massive Problem No. 2: The recall committee would have to gather about 85,000 signatures (40 percent of the votes cast in the 2004 election for district attorney) in 90 days.

Massive Problem No. 3: The county GOP committee could fill any vacancy with Kline a second time.

Any recall effort could not begin until after Kline has been in office 120 days.
http://www.kansascity.com/mld/kansascity/news/16234273.htm

[proud2BlibKansan]

1. Massive Problem No. 3

kills this idea.

Damn.

[Mabus]

4. It seems like

if an official is removed from a specific office that they should be barred from being re-appointed to that same office. But I can't quote you a statute.

[atommom]

2. Massive problem #1 is puzzling..

Would Kline still have to approve his own recall if he'd done something really egregious? Isn't there some mechanism for removing a bad DA even if he won't approve his own recall? That seems like a major oversight in the law if it's true.

[Mabus]

3. A JoCo judge will appoint another attorney to review the petition

Here's the relevant portion of the statute (with a link to the entire statute).

Chapter 25.--ELECTIONS
Article 43.--RECALL OF ELECTED OFFICIALS

25-4322.
***


(c) In the case of a recall of the county or district attorney, a judge of the district court of such county shall designate an attorney to determine the sufficiency of the grounds stated in the petition for recall. Such attorney shall perform the duties imposed on the county or district attorney in the recall of other local officers.

http://www.kslegislature.org/legsrv-statutes/getStatuteFile.do?number=/25-4322.html

edited to add: It is my understanding that only one recall petition per office holder per term is allowed.

[atommom]

5. Good. That makes a lot more sense!

The KC Star should issue a correction.

[Mabus]

6. Agreed

The story wasn't completely factual and, as it is written, is misleading.

The statute makes the situation similar to appointing a special counsel or prosecutor to look into a particular matter. My only worry would be that both the judge and the attorney appointed don't have conflicts of interest. I would assume that the administrative judge (or the equivalent) for the JoCo Dist. Court would be the one making such an appointment should a recall petition be filed (but I don't know who that is).