The Kansas attorney general’s office has paid $475,000 in legal fees to the Center for Reproductive Rights as a result of a settlement for the 2007 Aid for Women v. Foulston case.

The case disputed an interpretation of a Kansas child-abuse reporting law supported by Phill Kline, who was serving as Kansas attorney general at the time of the lawsuit.

A recent statement issued by Kline’s spokesperson, Brian Burgess, claimed the fee was a "handout" arranged by Paul Morrison, who replaced Kline as attorney general in 2007.

Burgess argued Morrison negotiated the $475,000 to the Center of Reproductive Rights after dropping the appeal in the 2007 Aid for Women case.

“Paul Morrison’s decision to drop a case that had been previously won at the federal level has resulted in what amounts to a half-million dollar handout to a pro-choice advocacy group,” said Burgess. “It’s not surprising, though, given the other similar cases he rolled over on during his time there.”

Dionne Scott, senior press officer for the Center for Reproductive Rights, said there was no handout given to the group. Scott said it was general practice for states to pay the attorney fees when they are the losing party in federal litigation challenging a statute.

“The fees cover the legal costs in filing a case,” said Scott.

Scott said the Center for Reproductive Rights challenged Kline's legal opinion on reporting requirements for teen sexual activity on behalf of a group of health care and counseling professionals.

“Kline’s policy would have required health care providers and counselors to report all sexual activity by teenagers under 16, including kissing between two teens, to state authorities as evidence of child abuse,” she said.

Scott said after the case was filed Kline appealed, but Aid for Women v. Foulston was then dismissed due to a change that was made to child abuse laws in 2006 and the agreement to pay the attorneys fees followed this decision.

“Because the law had changed, the opinion was no longer relevant,” said Ashley Anstaett, director of communications for the Kansas attorney general’s office.

Burgess' statement also referred to Morrison’s decision to "pull" Kline’s appeal of the George Tiller criminal case. Burgess argued this committed the Kansas attorney general’s office to seek permission from local district attorneys before filing criminal cases. Burgess did not return messages seeking additional comment.

Anstaett said that because the appeal was dismissed, there can be only speculation about what the outcome would have been and whether or not the attorney general would have been given the authority to file charges without seeking permission from local offices first.

“We are not convinced the ruling would have said that we have that authority,” she said. 

Morrison did not return calls for comment.

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