AG Kathleen Kane is 'legally disabled,' top deputy tells Pennsylvania senate committee
Kathleen Kane’s booking photo. Photo from the Montgomery County District Attorney.
Because of her suspended law license, Pennsylvania’s attorney general is “legally disabled,” her top deputy told a state senate committee Wednesday.
“We are extremely concerned about the impact this has on our office, which is profound—extraordinary, really,” said Bruce Beemer, who serves as first deputy to AG Kathleen Kane. While operating under an AG without an active law license is uncharted territory, he said: “There is no question the head of the office is legally disabled,” the Philadelphia Inquirer reported.
Beemer also told the special committee, which has been holding hearings to determine whether to attempt to remove Kane from office, that a “nuclear scenario” is the possibility a court will dismiss a criminal case being prosecuted by the AG’s office over the status of Kane’s license, according to the Inquirer and PennLive.com.
Exactly what the fallout may be is unclear, because of the unprecedented situation, which is diverting resources of the AG’s office from its usual functions, Beemer said. “As we get further and further into this, we are going to be faced with dealing with more and more actions where we are going to be litigating these issues.”
Kane’s law license was suspended by the state supreme court nearly a month ago, pending the resolution of criminal charges against her alleging that she leaked grand jury information and gave perjured testimony.
She maintains her innocence and challenges the authority of the senate to remove her from office by any method other than impeachment, which could be a lengthy process.
However, if the special senate committee decides Kane can’t perform the functions of her office, a formal removal proceeding and a vote by the full senate under another state constitutional provision could follow. The constitution says the governor can remove an individual for cause after a two-thirds vote by the senate, PennLive.com explains.
A Tuesday opinion (PDF) by the Legislative Reference Bureau says the senate has the power to remove Kane in this manner.
Kane spokesman Chuck Ardo, who has insisted she can continue to perform as AG because her duties are largely administrative, said the nuclear scenario brought up by Beemer during his Wednesday testimony is only a remote possibility.
Ardo took issue as well with a suggestion that Kane’s continued use of office letterhead could be a problem, PennLive.com reports. “Let’s remember that the supreme court in its infinite wisdom allowed Kathleen Kane to remain as attorney general,” Ardo said. “Consequently, the use of attorney general’s office letterhead is simply a recognition that she remains the elected attorney general.”
Kane is a Democrat. The special committee is made up of three Democrats and three Republicans. In case of a tie, a deciding vote could be made by Senate President Pro Tempore Joe Scarnati, a Republican, a spokeswoman for senate Republicans says.
Related coverage:
ABAJournal.com: “Pennsylvania AG remains at work despite suspended law license”
ABAJournal.com: “Top prosecutors under AG Kathleen Kane raise concerns about her lack of an active law license”
Pennsylvania Record: “Professor: State Senate could and should remove AG Kane from office “
