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Kansas Liberty: 24 June 2008

'...the lawsuit was without merit and frivolous,' says a spokesman.

Fired Johnson County DA staffers drop suit against Kline

Eight former employees of the Johnson County District Attorney’s Office who were fired when Phill Kline assumed the office in January 2007 have dropped a lawsuit they filed against Kline claiming they were unfairly let go.

In exchange, Kline agreed to release a statement defending the ex-employees' professional ethics. He also agreed not to counter-sue them for filing a lawsuit that Kline’s office continues to describe as frivolous.

No money changed hands as part of the settlement, though the plaintiffs did seek monetary compensation for the firings.

"They dropped their demands for money because the lawsuit was without merit and frivolous," said Brian Burgess, a Kline spokesman.

In the statement released by Kline’s office, the District Attorney wrote: “I have no criticism of your professional ethics. Further, since you did not serve under me in my position as district attorney, I do not have personal knowledge of your skills and performance and I believe that you are eligible for rehire at the Johnson County District Attorney’s Office as allowed by law.”

Kline said later that although the eight employees were eligible for re-hire, he did not plan to bring any of them on board.

Kline's critics and the ex-employees said at the time of the firings that they were politically motivated, a charge denied by Kline, who said a transition team he assembled recommended that they not be retained.

It's not uncommon for incoming office holders to clean house. President Clinton, for example, purged 93 U.S. Attorneys in March 1993, shortly taking after office. That action generated little notice in the media.

President Bush, however, is being investigated by a Congressional panel for firing eight U.S. Attorneys at the beginning of his second term, an action framed as a scandal by the media.

Both Clinton and Bush pointed out that U.S. Attorneys serve at the pleasure of the President and that it is the President’s right to help choose U.S. Attorneys they’re comfortable with.

One of the plaintiffs in the suit against Kline, Steve Howe, a former prosecutor under District Attorney Paul Morrison, is a Republican candidate for the post and will face off against Kline in an August primary.

Democrat Rick Guinn will face the primary victor in the November general election.