STANTON A. HAZLETT
Diseiplinary Administrator
KATE F., BAIRD
DEBORAH L. HUGHES
PENNY R. MOYLAN.
MATTHEW J. VOGELSBERG
MATTHEW D. FRANZENBURG
DANIELLE M. HALL
GARY C. WEST
Deputy Diseiplinary Administrators
STATE OF KANSAS
701 SW Jackson St
1° Floor
Topeka, Kansas 66603-3729
Telephone: (785) 435-8200
Fax: (785) 783-8385
GAYLE B. LARKIN
Admissions Attorney
OFFICE OF
‘THE DISCIPLINARY ADMINISTRATOR
October 25, 2019
J. Whitfield Larrabee
251 Harvard St., Ste. 9
Brookline, MA 02446
Re: Kris W. Kobach, DA12907
Dear Mr: Larrabee:
Tam writing to inform you that the Review Committee for the Kansas Board
for the Discipline of Attorneys has considered the information related to your
complaint and has approved a request from Mr. Kobach that the complaint be
referred to the Attomey Diversion Program. Referral to the diversion program by
the committee is equivalent to a finding under Kansas Supreme Court Rule
210(c) that there is probable cause to believe that the respondent violated the
Kansas Rules of Professional Conduct. Supreme Court Rule 203(d) provides
that the referral to and participation in the Attomey Diversion Program shall
remain confidential
In this disciplinary matter, however, the parties have agreed that the Office of the
Disciplinary Administrator may publicly disclose the following: “Kris Kobach
entered into a diversion agreement with the office on October 10, 2019.
Successful completion of the diversion will resolve the disciplinary complaint(s)
filed against Mr. Kobach alleging misconduct in matters relating to the federal
court litigation, Fish, ef al. v. Kris Kobach. In the agreement, Mr. Kobach
stipulated that he did not properly supervise both lawyer and nonlawyer staff
during the federal court litigation, in violation of KRPC 5.1 (Responsibilities of
Partners, Managers and Supervisory Lawyers) and KRPC 5.3 (Law Firms and
Associations: Responsibilities Regarding Nonlawyer Assistance). There was no
finding of dishonest conduct on the part of Mr. Kobach.”If Mr. Kobach fails to successfully complete the diversion, he may be terminated
from the program and disciplinary proceedings will resume. You will be notified if
additional disciplinary action is taken. Successful completion of the diversion will
terminate this action.
Thank you for your making our office aware of your concerns.
WW
‘Stanton A. Hazlett
Disciplinary Administrator
Singerely,
SAHimrd
co:-David M. Rapp = oP