PA Bill Number: HB335
Title: In inchoate crimes, further providing for prohibited offensive weapons.
Description: In inchoate crimes, further providing for prohibited offensive weapons. ...
Last Action: Removed from table
Last Action Date: May 1, 2024
Pa. Supreme Court suspends Kane's license :: 09/21/2015
HARRISBURG - In an unprecedented move, the Pennsylvania Supreme Court on Monday temporarily suspended the law license of Attorney General Kathleen Kane, the latest setback for the embattled leader of the state's top law enforcement agency.
The decision was unanimous, winning support from the court's three Republicans and two Democrats.
Lawyers for the state Disciplinary Board, which oversees attorney conduct, had sought the suspension last month, after Kane was charged with perjury, obstruction and other charges stemming from the leak of confidential grand jury material and an investigation into that leak.
The board contended that allowing Kane to remain in office while under criminal charges would damage the administration of justice and cause "immediate and substantial public harm." Its lawyers implicitly suggested that stripping Kane of her law license would disqualify her from holding office.
The Supreme Court, however, said its order "should not be construed as removing [Kane] from elected office and is limited to the temporary suspension of her license to practice law."
The state constitution requires that the attorney general be a member of the bar, raising questions about Kane's qualifications to hold the office.
In a three-paragraph order, the high court said its action should not be construed as removing Kane from office and that she had the right to petition to reverse it.
Moments after the ruling came out, Kane's office issued a one-sentence statement: "We plan to review the court's decision and make a statement once the review is completed."
James F. Mundy and James J. Powell 3d, her lawyers in the disciplinary matter, later said: "There is another side to this story that the public has never heard. When General Kane is given the opportunity to be heard, the other side of the story will finally come out."
"Then, and only then, will the public have a fair opportunity to judge the facts," they added. "We are confident that once that happens, General Kane will be exonerated."
Her lawyers have countered that suspending her license would violate her due process rights and effectively circumvent the constitutional provision for removing a public official from office. Kane, a Democrat in her first term, was elected in 2012.
The court's action might also not be the only one looming for Kane. Senate Republicans have been researching what steps might be necessary to remove the attorney general, according to Drew Crompton, a top lawyer for the GOP.
Under the constitution, elected officials can be impeached for "misbehavior in office." Officials other than the governor, lieutenant governor and legislators can also be removed from office by the governor "for reasonable cause, after due notice and full hearing, on the address of two-thirds of the Senate," the constitution states.
The removal provision in the constitution, in its current form, has never been used.
Kane, 49, is awaiting trial in Montgomery County on on charges she illegally leaked confidential documents to a Philadelphia Daily News reporter in a bid to embarrass a critic, then lied about it under oath.
As a grand jury investigated Kane's conduct, prosecutors say, she ordered aides to spy on the emails of people involved in the probe, including witnesses and the special prosecutor who was handling the case.
Kane has pleaded not guilty and vowed to remain in office, despite calls from top Democrats, including Gov. Wolf, for her resignation.
