Office of Disciplinary Counsel v. Kathleen Granahan Kane was a case decided by the Pennsylvania Supreme Court on the constitutional qualifications of the Pennsylvania Attorney General, concerning the requirement for the Attorney General to be a member of the Pennsylvania Bar under Article IV, Section 4 of the Constitution of Pennsylvania.("No person shall be eligible to the office of Attorney General except a member of the bar of the Supreme Court of Pennsylvania")
Background In March 2014, Attorney General Kathleen Kane closed a corruption investigation into Philadelphia Democratic Party officials. The Committee of Seventy objected, calling for an investigation into Kane's decision.Thompson, Charles, "Kane defends decision against prosecuting political corruption case in Monday press conference", pennlive.com, March 17, 2014.
Public scrutiny intensified when the Philadelphia Daily News published a story accusing Kane's office of leaking sensitive grand jury information. Kane believed former prosecutor Frank Fina orchestrated the story.https://www.nbcphiladelphia.com/news/local/kathleen-kane-criminal-charges-sources-grand-jury-attorney-general/1998042/ Kane leaked further grand jury information on cases that Fina led in an effort to embarrass him.
Indictment In 2014, a separate grand jury assembled to investigate the leaks from Kane's office. On January 21, 2015, the grand jury recommended Kane's indictment for "perjury, false swearing, official oppression and obstruction of law." Following the grand jury's report, Kane was indicted by Montgomery County District Attorney Risa Vetri Ferman on August 6.
History On September 21, the Supreme Court of Pennsylvania unanimously ruled to suspend Kane's license to practice law.https://www.pacourts.us/assets/opinions/DisciplinaryBoard/out/Kane%20Order.pdf In the ruling, the Supreme Court noted that the suspension would not remove Kane from office, despite Article IV, Section 4, of the Pennsylvania Constitution requiring the Attorney General to have a bar license.
Separate criminal trial Kane's criminal trial began on August 8, 2016. On August 15, she was convicted on all charges, including perjury, obstruction, official oppression, and conspiracy.
Disbarment On March 22, 2019, Kathleen Kane formally surrendered her law license and was disbarred by the Supreme Court of Pennsylvania. In the unsigned per curiam decision, the Supreme Court noted that Kane "could not successfully defend against the charges" if she had not resigned her license. She was later disbarred by the United States District Court for the Middle District of Pennsylvania in July 2019.
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