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On January 13, 2014, the Kansas Supreme Court recommended the sanction of informal admonition for Defendant Sarah Peterson Herr. Defendant is a former research attorney for the Kansas Court of Appeals. During a November 15, 2012 Kansas Supreme Court hearing (disciplinary proceeding against Mr. Phill Kline, former Kansas attorney general) – which she watched from her office in the Judicial Center – she tweeted through her personal tweet account some personal (allegedly funny) remarks on Mr. Kine and, among other things, her personal prediction that Kline would be disbarred for seven years. Her remarks went public and were reported by newspapers. Ms. Peterson was fired. In her disciplinary action, it was found that she violated the Kansas Rules of Professional Conduct 8.4(c), (d), and (e). Hence, the disciplinary sanction.
Relevant law:
- KRPC 8.4(c) “engage in conduct involving dishonesty, fraud, deceit or misrepresentation”;
- KRPC 8.4(d) “engage in conduct that is prejudicial to the administration of justice”;
- KRPC 8.4(e) “state or imply an ability to influence improperly a government agency or official”.