By Corey Jones
Topeka Capital-Journal
TOPEKA, Kan. — An Alma lawyer who has been under the cloud of an ethics complaint for two years regarding his role in exposing a pattern of sexual abuse at the Topeka Correctional Facility for women has been cleared of wrongdoing.
Keen Umbehr on Tuesday said he was “pleased” the review committee of the Kansas Board for Discipline of Attorneys concluded he hadn’t violated the Kansas Rules of Professional Conduct.
Umbehr, however, took issue with the committee’s recommendation for future action.
The letter dismissing the complaint, drafted by Stanton Hazlett, disciplinary administrator, and obtained by The Topeka Capital-Journal, said proof of a violation would have to be supported by “clear and convincing evidence.”
The committee said Umbehr should have researched the issue of media members entering the facility or identified Topeka Capital-Journal reporter Tim Carpenter as a media representative.
Umbehr said he “absolutely” would act in the same way as he did two years ago given the same set of circumstances because he did nothing unethical.
“For the disciplinary panel to make this recommendation is ill-advised and ridiculous,” he said.
Robert Van Kirk, the Washington, D.C., attorney who represented Umbehr, said he had no comment on the context of the review committee’s findings because the letter “speaks for itself.”
Jan Lunsford, spokesman for the Kansas Department of Corrections, said the agency “has no response at this time.”
The disciplinary issues began in October 2009 when Charles Simmons, deputy secretary of KDOC, filed a complaint that said Umbehr misrepresented the occupation of Carpenter, who is an investigative reporter with The Capital-Journal.
What resulted from the interviews with inmates were newspaper stories detailing illegal sexual relationships and contraband trafficking by inmates and employees.
State lawmakers subsequently increased the penalties for such crimes.
Umbehr said the period of time - two years - in which it took to dismiss the accusations is “unheard of” in an ethics complaint.
Oversight of the disciplinary office is something Umbehr said he would like to see the Kansas Supreme Court take on, along with implementing a time line to advance a complaint or dismiss it, so other lawyers won’t experience a similarly drawn-out fate.
Umbehr said the complaint was a “retaliation” for helping bring to light illegal activity at the correctional facility at S.E. 6th and Rice Road in East Topeka.
The complaint had no merits, he said, and cost a lot of time, money and effort to fight.
“It was a dark cloud over (my) head,” Umbehr said.
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