Legal Ethics

Leak of discipline case against Pennsylvania AG taints jury trial in criminal case, her counsel says

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Kathleen Kane

Kathleen Kane’s booking photo. Photo from the Montgomery County District Attorney.

After confirmation this week of earlier news reports that lawyer disciplinary authorities in Pennsylvania are seeking to suspend the law license of the state attorney general, her counsel is blasting the public revelation of a process that is supposed to be confidential.

“The leaks about a disciplinary proceeding to suspend or remove attorney general Kathleen Kane as a member in good standing of the Pennsylvania bar are singular in purpose. These leaks are part of a broader campaign to deprive the attorney general of the process to which she is due,” Gerald Shargel said in a written statement provided to the Harrisburg Patriot-News.

“Simply put, she is entitled to a fair trial by an untainted jury. These disciplinary proceedings are confidential by design, with continued confidentiality guaranteed by supreme court rule,” Shargel wrote . “In this case, the proceedings were never confidential; they were leaked upon their filing. The leak of confidential information only weeks before attorney general Kane’s formal arraignment in the criminal case (at which she will plead not guilty), can only have been designed to poison the jury pool in the criminal proceeding now pending.”

The Associated Press on Tuesday obtained a copy of the Aug. 25 petition by the Office of Disciplinary Counsel, which was filed under seal. It calls for Kane’s suspension from practice, contending that is a conflict of interest and damages the administration of justice for her to serve as AG while herself facing a criminal prosecution.

Ironically, Kane herself is facing a criminal case over alleged leaks of grand jury information that was supposed to be confidential, and is also accused of lying under oath about what had happened. She has maintained her innocence.

The Allentown Morning Call and the Pittsburgh Tribune-Review also have stories.

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