AG Kathleen Kane faces subpoena by Senate committee looking into possible removal

Kathleen Kane has until Friday to respond to a subpoena for documents from a Senate committee tasked with assessing her ability to remain attorney general following the suspension of her law license.

Sen. John Gordner, who chairs the bipartisan committee, said the Kane's private counsel received the subpoena last Friday and has until the end of this Friday to respond.

"Very frankly, we have asked her as a committee, unanimously, for information as to how that office is operating," said Gordner, a Republican from Columbia County, after the committee's first hearing Monday.

Kane, who faces criminal charges including perjury arising from the alleged leak of secret grand jury information, has declined to cooperate with the inquiry so far. Last week, she said it could only remove her if she became mentally incompetent.

"The attorney general doesn't believe that the committee has the authority to issue a subpoena and is, to the best of my knowledge, unlikely to comply," said Chuck Ardo, Kane's spokesman, said Monday.

Attorney General Kathleen Kane

The subpoena could lead to a legal battle between Kane and the Senate.

"(The judicial remedy) would be, historically, a motion to compel and we would file that in court," said Drew Crompton, chief of staff to Senate President Pro Tempore Joe Scarnati, R-Jefferson County, adding that other staffers inside the Attorney General's Office could provide the documents.

Crompton said the subpoena, which is expected to be released to the public later Monday, has similar language as the letter sent to Kane's office last week.

For his part, Gordner said he hopes Kane does cooperate.

The committee's first hearing Monday centered around the question of whether Kane can continue to serve as attorney general with a suspended law license. Kane has remained in office, confining her responsibilities to a range of administrative duties.

Gordner said a second hearing, possibly centered around the constitutional ramifications, will likely come next week.

Three district attorneys, one Republican and two Democrats, testified that they would not be able to continue in their roles if they were in a similar position.

"I would be on permanent vacation if i didn't have a law license," said Berks County DA John T. Adams, a Democrat. "My golf game would get better, but that's about it."

Bucks County DA David Heckler, a Republican, said many of his mundane administrative responsibilities, such as budgeting, call upon his legal training since those decisions are made with insight into how to administer the law.

"The simple answer is that I would ask for a leave of absence," he said, adding that he would seek out the input of the Supreme Court given the rarity of the situation.

Somerset County DA Lisa Lazzari-Strasiser, a Democrat, said another aspect of the issue is that the district attorney, just like the attorney general, answers for all of the prosecutors working in the office.

"Guess who gets called when something goes wrong?" Lazzari-Strasiser said.

Adams and Heckler both said they haven't seen any direct consequences from Kane's suspension since they seldom refer cases to her office with the exception of cases in which they have a conflict of interest.

Lazzari-Strasiser, however, said she received a call Monday morning from a detective with questions about how Kane's situation could impact a joint task force her office has embarked upon with the Attorney General's Office. It could lead to questions in court over the ability to prosecute the resulting cases, she said.

"This is something that will have a tremendous ripple effect across the state," she said.

Ardo said defense attorneys raise any issue possible to represent their clients. The Attorney General's Office, he said, is prepared to argue that her "personal legal issues" don't impact the operations of the office.

"I understand that the DAs have opinions of their own, but the only opinion that really mattered is that of the Supreme Court," he said.

As for Lazzari-Strasiser's concern about the task force, Ardo said an agreement between the Attorney General's Office and any DA remains valid.

"Certainly any agreement that was signed by the AG prior to her license suspension shouldn't be questionable at all," he said.

Sen. Judy Schwank, D-Berks County, said she's wondered about how Kane's situation is different from a prosecutor who's physically incapacitated.

"For example, you go on extended medical leave," she said. "Does that mean your office would shut down?"

The three DAs agreed that the situation of physical disability is much different and has already been resolved, to a great extent.

"My office would get along . . . I'd extract myself and get my successor in there or what have you," Heckler said.

Even in such a case, Lazzari-Strasiser said, "you'd still have a license to practice law."