(Updated to reflect inability to reach Kobach; adds context about debate over paying the fine; edits throughout)
A federal judge on Wednesday ordered Secretary of State Kris Kobach to pay $26,000 in legal fees and expenses after being held in contempt of court while defending the state’s proof-of-citizenship requirement for voters.
U.S. District Judge Julie Robinson ordered Kobach to reimburse the American Civil Liberties Union $24,658 for legal fees plus $1,556 in expenses for travel and trial support services. The ACLU originally asked the judge for about $52,000 in legal fees and expenses.
Efforts to reach Kobach for comment were not immediately successful.
Kobach is now running for the Republican nomination for governor against Gov. Jeff Colyer, Insurance Commissioner Ken Selzer and former state Sen. Jim Barnett of Emporia. The primary is Aug. 7.
Robinson held Kobach in contempt for violating a court order requiring him to notify voters affected by a preliminary decision that blocked the citizenship requirements for anyone registering to vote at a driver’s license office.
Kobach had been ordered to register all otherwise eligible motor-voter registration applicants who had their registrations held up because they didn’t provide their proof of citizenship.
Robinson scolded Kobach when she found him in contempt of court back in April, saying he had history of “noncompliance and disrespect” for the court’s decisions in the case.
“The court is troubled by defendant’s failure to take responsibility for violating this court’s orders, and for failing to ensure compliance over an issue that he explicitly represented to the court had been accomplished,” Robinson wrote in a 25-page opinion wrote released in the spring.
Later, Robinson found the state’s proof-of-citizenship requirement unconstitutional and sanctioned Kobach for not following the rules of federal procedure.
She ordered him to attend continuing legal education classes on the rules of civil procedure and evidence.
During this year’s legislative session, there was an effort by Republican state Rep. Russ Jennings to force Kobach to pay the contempt order out of his wallet.
However, the proviso added to the state budget was later removed by a House-Senate conference committee.
Jennings raised the issue again on July 30 on his Facebook page, asking hypothetically whether a state employee driving state car should have to pay a fine if caught speeding. He concludes the state employee should pay.
“I also believe a state elected official should pay their own fines when found in contempt of court for failing to abide by court orders – not state taxpayers,” Jennings wrote on Facebook.
“Any state official who uses Kansas taxpayers money as a slush fund for his mistakes does not get my vote.”
Kobach has argued that he was sued by the American Civil Liberties Union in his official capacity as secretary of state.
He has said when state officials are sued in their official capacity, it’s the legal equivalent of litigation against the state.
