Kris Kobach's private practice work raises questions, despite serving as attorney general
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A Nebraska town opted to end its contract with Attorney General Kris Kobach's law firm, with the implications of Kobach's private practice work unclear now that he has been elected once again to statewide office.
Kobach is still listed as lead counsel on two cases he brought while working as a private attorney in 2021 at the same time he launched his bid for attorney general. Records show he filed a motion last month to dismiss one of the cases.
Then the Fremont, Nebraska, city council voted 5-3 Tuesday to end its contract with Kobach's law firm, a long-running deal where Kobach was paid a $10,000 per year retainer if the city were sued over an ordinance he helped draft.
That ordinance, which prohibits landlords from renting to undocumented immigrants, was approved by the city's voters in 2010 after years of wrangling. It has been on the books after voters opted not to revoke it in 2014 but has been largely unenforceable.
Kobach helped a number of local governments across the country draft similar measures, only to be retained as legal counsel when they were challenged in court. The thousands in legal fees he has been paid was the subject of media reports and stiff criticism when he ran for governor in 2018.
Fremont, meanwhile, hasn't paid Kobach for his legal services in 2022 and 2021 but recently received a bill for that time period. City council member Sally Ganem, who proposed ending Fremont's contract with Kobach, said she was pushing to do so largely because Kobach had been elected AG.
"The attorney general is the attorney for the state and its agencies," Ganem said. "Let me be candid: No attorney general should be moonlighting representing a city of another state. And this contract needs to be terminated."
Fremont, Nebraska, legal counsel hadn't been able to reach Kris Kobach
The contract allows either party to end the contract for any reason and city council members said the city's legal counsel had attempted to reach Kobach several times, to no avail.
Still, others believed paying Kobach would ensure the city could have effective legal consultation in the event the ordinance was challenged in court, calling the $10,000 effectively an insurance policy to ward off a lawsuit.
"We don’t need to employ him … but I think we might agree, if we are sued, it might be really valuable to have him in our camp, giving advice to whatever attorney might represent us," council member Paul Von Behren said.
Kobach's office didn't immediately respond to a request for comment. But speaking with the Kansas City Star and ProPublica in 2018, Kobach was asked about what the contract with Fremont would mean were he elected governor.
"I don't know, we'll have to weigh it then," he said. "Obviously as governor I would not have the same number of hours of free time that I do as secretary of state. I’ll be reducing my lawyer work, the law work, considerably."
Cities in Texas, Missouri and Pennsylvania also enacted similar ordinances. Measures in those cities were already challenged in court and defeated, with officials having to narrow the scope of the ordinances or opt not to enforce them at all.
Officials in those cities couldn't be reached to confirm they don't have active legal contracts with Kobach.
Kris Kobach files motion in private practice case after being sworn in as AG
While running for attorney general, Kobach also joined onto multiple cases that made headlines, both in Kansas and across the country.
In one case, Kobach was one of a number of attorneys representing Texas law enforcement officials in a challenge over President Joe Biden's immigration policies.
The case has been stayed since July 2022 amid a similar but separate lawsuit brought by Texas Attorney General Ken Paxton. There has been no substantive action since.
Douglas Poole, one of the other attorneys working on the case, said Kobach was still an active attorney on the case, and it is unclear what would occur if the stay was lifted.
In a separate case, where Kobach defended a number of military members challenging a COVID-19 vaccine requirement for servicemen, he filed a motion to dismiss the case as moot in late April after the White House announced they would drop the requirement.
It is unclear if Kobach personally prepared the motion or if it was another member of his legal team. Kobach's office did not respond to a request for comment last month on why he had not withdrawn as counsel from the cases, nor did they acknowledge further questions emailed Friday.
In a third case, challenging the Biden administration's COVID-19 vaccine mandate for large businesses, Kobach and his allies prevailed before being elected.
Kobach Law LLC has until July to file LLC paperwork
The state's laws don't explicitly prohibit a statewide official from carrying out private duties on the side, though Kobach's own website notes that he cannot provide legal advice to private citizens as attorney general.
On Kobach's statement of substantial interest filed last month, he reported receiving more than $2,000 in fees or commissions from Kobach Law LLC in the past calendar year.
Kobach Law LLC has been delinquent after not filing requisite paperwork as of mid-April, according to Kansas secretary of state records. If Kobach doesn't do so by July, he risks forfeiting the LLC.
This article originally appeared on Topeka Capital-Journal: Kris Kobach's private practice work remains active, despite AG victory
