Kansas Judge asks State Supreme Court to let him keep confidential some information from abortion records case

Dec 2 2006

Shawnee County, Kan., District Court Judge Richard Anderson -- who permitted Kansas Attorney General Phill Kline (R) to view edited medical records of 90 women and girls who underwent late-term abortions -- on Monday filed a response with the state Supreme Court asking that some information about the case be kept confidential, the AP/Kansas City Star reports (Hanna, AP/Kansas City Star, 11/28).

Kline in 2004 subpoenaed the records 90 women and girls who in 2003 received late-term abortions at Comprehensive Health, which is operated by Planned Parenthood of Kansas and Mid-Missouri in Overland Park, Kan., and Women's Health Care Services in Wichita, Kan., saying there is probable cause that each record contains evidence of a felony. The original subpoena asked that the records include each patient's name, medical history, birth control practices, psychological profile and sexual history and asked for the records of all women and girls who sought abortions at or after 22 weeks' gestation. The clinics in March 2005 filed a brief with the state Supreme Court requesting that the court block Kline's subpoena, and the court in February ruled that Kline can seek access to the records but that he must return to Anderson and present his reasons for seeking the subpoenas. Anderson turned over the records to Kline's office last month after removing information that would identify individuals (Kaiser Daily Women's Health Policy Report, 11/2). The clinic's attorneys on Nov. 6 asked the state Supreme Court to appoint a special prosecutor to determine whether Kline gave information contained in the records to Bill O'Reilly of Fox News. O'Reilly on Nov. 3 on his show, "The O'Reilly Factor," said he had obtained information from a source that physician George Tiller, who owns Women's Health Care Services, had preformed late-term abortions on women because they were depressed (Kaiser Daily Women's Health Policy Report, 11/8). Kline and Anderson were named as parties in the motion filed by the clinics' attorneys, which also asks for the state Supreme Court to seize the records.

Court Filings, Reaction
Anderson and Assistant Attorney General Stephen Maxwell on Monday filed responses to the state Supreme Court. Anderson in his response to the state Supreme Court wrote, "Relevant information is contained in the medical files, which may constitute evidence of possible violations of law," adding that what he has to tell the court could disclose "sensitive, confidential information" about Kline's investigation. Anderson said all of the state Supreme Court's requirements for allowing Kline access to the records had been satisfied. Anderson also wrote that he could address whether any information from abortion records has been disclosed inappropriately, adding that he kept hearings and records in the case closed. Maxwell in his response wrote that the court does not have authority to appoint a special prosecutor, investigate the executive branch or oversee a criminal investigation, the AP/Star reports. Kline spokesperson Sherriene Jones said Tuesday that Kline agrees with Anderson's motion to keep some information confidential. Pedro Irigonegaray, an attorney representing the clinics, said he could not comment on Anderson's response because he had not reviewed the file (AP/Kansas City Star, 11/28).