Wednesday, August 18, 2010

Ex-Phill Kline hatchet man Eric Rucker gets slap on the wrist

Posted by Justin Kendall on Wed, Aug 18, 2010 at 12:00 PM

click to enlarge Eric Rucker's wrists are red.
  • Eric Rucker's wrists are red.

Kansas is still dealing with the fallout of Phill Kline's tumultuous tenure as attorney general.

Yesterday, the state's disciplinary board for attorney's slapped the wrist of Kline's former chief of staff and hatchet man, Eric Rucker. The board recommended censure, an "informal admonition," and a sharp tongue-lashing for Rucker's role in misleading the Kansas Supreme Court during the investigation of Wichita abortion provider George Tiller.

The board smacked Rucker for inaction.



When Kline and another

attorney filed a motion to clarify their position -- deemed misleading

by the board -- with the state's high court,

Rucker claimed he told Kline not to file the motion, but did nothing

more to stop them or correct the record. That'll get you

when you're the lead attorney on the case.

As the

attorney of record and an officer of the court, the Respondent

had the duty to

provide accurate information to the Supreme Court. The Respondent failed

to take any

remedial action to notify the Supreme Court that the motion to clarify

was not accurate.

The board also wasn't happy at all

with Rucker's attorney, Caleb Stegall, who had referred to the

violations as "technical" or "hyper-technical" -- "violations that only

violated the letter but not the spirit of the Rules." Not so, the report

said.

The Respondent's violations of the Kansas Rules of

Professional Conduct

are not merely

"technical" or "hyper-technical" violations. They are serious

violations. The Respondent

allowed the Kansas Supreme Court and the Disciplinary Administrator to

operate under a

mistaken belief regarding a significant matter in an ongoing criminal

investigation.


The Kansas

Watchdog has a full statement from Stegall, but he sounds pretty

happy with the outcome.

Yes, the decision found, and Mr. Rucker freely admitted and

expressed his regret that some mistakes were made. He has now been

informally admonished for those mistakes, the case is over ...

It is a dangerous thing to practice the politics of personal

destruction -- when a political win is not enough and instead one's

opponents must be personally vilified, financially ruined, and their

reputations smashed. I think it speaks well of our legal process, of

our Disciplinary Administrator Stan Hazlett, and indeed of the whole

Kansas Bar, that in this case the politics of personal destruction --

which

some have fervently desired -- has not prevailed.

Speaking of the politics of political destruction, Kline still faces a November

15 hearing over accusations of ethical violations. Rucker and

Kline's top prosecutor, Steve Maxwell, could be called as

witnesses, which might make for interesting testimony.

Kline is now a

visiting assistant professor at Liberty

University's School of Law in Viriginia and likely teaching a new

generation how to get access to women's medical records.

As you most likely already know, Tiller was fatally shot while ushering

at a Wichita church.

In January,

Scott Roeder was convicted

of murdering Tiller. He received

a "Hard 50" sentence (50 years without parole) on April 1. The Wichita

Eagle points out that "Roeder cited Kline's failed

investigation as one of his reasons

for killing the doctor."



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it doesn't really matter

I bet it would if it were Obama instead of Two-L Phill.

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Posted by Realist on August 18, 2010 at 2:53 PM

What's the big deal about medical records? Jesus and everybody else fundamentally has the same bodily organs. Do I give a shit if you know that I had my appendix removed when I was 17?

Men .. women, we are all fundamentally human. Who really gives a shit if the records are germane to a lawsuit. Especially one that concerns the definition of murder.

People act like there is some BIG secret in personal medical records. I say.. we are all fucking human, and it doesn't really matter.

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Posted by OP Realist on August 18, 2010 at 12:01 PM
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