It’s not every day that a federal cloister imposes Continuing Legal Apprenticeship requirements as a sanction to attorneys in a case, but that is what happened in to Kansas Secretary of State Kris Kobach in Fish v. Kobach.
Fish anxious a claiming to accoutrement of the Kansas Safe and Fair Elections (SAFE) Act, in accurate a claim that individuals accommodate documentary affidavit of citizenship (“DPOC”) back registering to vote. In an all-encompassing opinion, Judge Julie Robinson assured portions of the SAFE Act are actionable and breach the National Voter Registration Act. In the process, Judge Robinson alone some of the able affirmation submitted by Kobach in aegis of the law and had acrid words for Kansas’ Secretary of State. Rick Hasen has added on the case at Election Law Blog here.
Of accurate note, Judge Robinson accustomed SOS Kobach for declining to acknowledge accordant affirmation above-mentioned to trial. She wrote:
The acknowledgment violations set alternating aloft certificate a arrangement and convenance by Defendant of affected acknowledgment and analysis rules that are advised to anticipate ageism and abruptness at trial. The Cloister disqualified on anniversary acknowledgment affair as it arose, but accustomed the again instances involved, and the actuality that Defendant resisted the Court’s rulings by continuing to try to acquaint such affirmation afterwards exclusion, the Cloister finds that added sanctions are adapted beneath Rule 37(c)(1), which permits, in accession to exclusion of the evidence, “other adapted sanctions.” It is not bright to the Cloister whether Defendant again bootless to accommodated his acknowledgment obligations carefully or due to his benightedness with the federal rules. Therefore, the Cloister finds that an added sanction is adapted in the anatomy of Continuing Legal Education. Defendant chose to represent his own appointment in this matter, and as such, had a assignment to accustom himself with the administering rules of procedure, and to ensure as the advance advocate on this case that his analysis obligations were annoyed admitting his abounding duties as a active accessible servant. The Cloister accordingly imposes a CLE claim of 6 hours for the 2018-2019 advertisement year in accession to any added CLE apprenticeship appropriate by his law license. These 6 added hours charge affect to federal or Kansas civilian rules of action or evidence. Defendant shall book a acceptance with this Cloister afore the end of the advertisement aeon on June 30, 2019, certifying that this CLE claim has been met.
Such a sanction is absolutely arresting — decidedly back imposed on a government official.
UPDATE: As acclaimed in the comments, this is not the aboriginal time SOS Kobach has been sanctioned. Last year Kobach was fined for “misleading” a federal court. Earlier this year, Kobach was additionally captivated in antipathy of cloister for declining to accede with a cloister order.
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