TOPEKA, Kan. (WIBW) – The Kansas Supreme Court has published a former Sumner Co. Attorney’s Office employee’s violations of state law.
The Kansas Supreme Court says that In the Matter of Mitchell J. Spencer, it ordered a published censure for his violations of state law.
In September 2017, court records indicate that Spencer was licensed to practice law in the State of Kansas – two years later, he committed a class C misdemeanor.
Officials noted that the traffic law Spencer broke concerned with the duty of a driver who damages an unattended vehicle or other property. At the time, he was an employee of the Sumner Co. Attorney’s Office.
Court records show a citation was dismissed by the city prosecutor and referred to the Kansas Attorney General’s Office. Before the case was filed in the AG’s Office, Spencer paid for the damages to the other vehicle, entered into a diversion agreement and completed it.
The Court indicated that the case had been dismissed with prejudice. Counsel for both Spencer and the Disciplinary Administrator recommended more than published censure due to his status as a prosecutor at the time of the crime.
However, the Court held that prosecutors are only subject to a higher standard while acting within the scope of their official capacity. As his misconduct did not fall within the scope of Spencer’s duties, the rules did not apply.
The Court said that clear and convincing evidence established that Spencer’s actions adversely reflected on his fitness to practice law, “but not seriously.”
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