Judge won't toss subpoenas directed at Kansas Republican officials amid ethics probe

A Shawnee County judge declined to toss a sweeping series of subpoenas issued to local Republican Party leaders, clearing a potential path for the Kansas Governmental Ethics Commission to be able to be enforce the documents in court.

The probe into the campaign finance activities of prominent legislators and state Republican Party officials has become increasingly open in recent months, with the Ethics Commission going to court to enforce the subpoenas and drawing pushback.

The Ethics Commission has alleged that a range of legislators and national GOP groups used a variety of political committees as a pass through to give to the Kansas Republican Party, with ethics officials arguing this allowed them to circumvent limits on donations under the state's campaign finance laws.

Kansas ethics commission said donation 'scheme is apparent'

In a court filing, the Ethics Commission argued that "the scheme is apparent" and there is no other logical explanation for the series of donations. They also pointed to a text message sent by Jared Suhn, a consultant for Kansas House Republicans, that they believe backed up the allegations of coordination.

"I have some PACs interested in contributing to the (Johnson County Republican Party) would JCRP then be willing to contribute most of those resources to the KSGOP if asked," Suhn said, with a response directing him to the then chair of the Johnson County Republican Party.

Shawnee County District Court Judge Teresa Watson noted in her ruling that elements of the subpoenas, which were challenged in court by leaders of local Republican Party groups in Shawnee, Sedgwick and Johnson counties were overly broad. But the totality of the document, Watson said, could ultimately be enforceable in court.

Whether the individuals involved will ultimately have to comply with the subpoenas, however, remains an open question. Watson directed the parties involved to schedule a court hearing within the next 10 days.

Those subpoenaed wanted case dismissed under Public Speech Protection Act

The individuals subpoenaed had sought to dismiss the case under the state's Public Speech Protection Act, which allows for a matter to be struck if a person is engaged in activities deemed to be free speech.

Watson agreed the activity was protected by the First Amendment but said the Ethics Commission had demonstrated a "reasonable suspicion" that conduct involved may have violated campaign finance law, even if it wasn't carried out by the individuals subpoenaed.

"Keeping in mind the nature of the standard to be applied, the Court agrees that the existence, amounts, and timing of the contributions set forth in the KGEC’s findings and conclusions give rise to a reasonable suspicion that a campaign finance violation occurred," Watson ruled.

Some of the language of the subpoena, which requested a swath of text messages and other records for a particular range of dates, was an "unacceptably overbroad request" but much of the document was more "narrowly tailored," Watson said.

Attorney of those subpoenaed says they will 'have their day in court'

T. Chet Compton, the attorney representing the subpoenaed parties, said he felt things "were moving in the right direction" and that they would "have their day in court."

"It is important to clarify what this decision did not say," Compton said. "The court is not ordering anyone to comply with the subpoenas. This court is not saying my clients are even responsible for a campaign finance act violation."

Mark Skoglund, executive director of the ethics commission, declined comment on the ruling.

The Ethics Commission has been a subject of ire from Republican lawmakers amid the investigation, with arguments from conservatives that the commission has taken an increasingly bold interpretation of the state's campaign finance laws in recent years and that its procedures were in need of reform.

Legislators ultimately settled on a bipartisan compromise that Gov. Laura Kelly is expected to sign later this week.

That legislation will change how the commission issues subpoenas and where the agency receives its funds, as well as attempting to increase protections for individuals appearing before the body.

This article originally appeared on Topeka Capital-Journal: Kansas judge declines to toss Ethics Commission subpoenas amid probe