(Updated to correct Sykes’ title)
The state ethics commission is in line for a makeover after the terms of five of its members quietly lapsed last week amid an ongoing investigation into alleged campaign finance violations.
The two-year terms of Chairman Nicholas Hale and members Amy James, Todd Scharnhorst, Kenneth Moore and John Solbach expired on Jan. 31
Hale, general counsel for Duvel Moortgat Brewery, was first appointed by Democratic Gov. Laura Kelly in 2019. Duvel Moortgat owns Boulevard Brewing in Kansas City.
James, a marketing manager, was first appointed by former Senate President Susan Wagle in 2017.
Moore was first appointed by former House Minority Leader Tom Burroughs in 2015.
Scharnhorst, a health care litigator, was first appointed by former House Speaker Ron Ryckman Jr. in 2017.
And Solbach was first appointed by former Senate Minority Leader Anthony Hensley in 1998.
Senate President Ty Masterson has already named Wichita lawyer Mark Schoenhofer to the commission to replace James.
Schoenhofer represented former Republican state Sen. Michael O’Donnell when he was acquitted in federal court on 21 counts of wire fraud and money laundering.
His practice is focused on criminal and personal injury law.
He earned his undergraduate degree from Wichita State and his law degree from Washburn University.
Meanwhile, House Speaker Dan Hawkins appointed Lawrence trial attorney Christopher Burger, whose practice focuses on construction and real property law. He replaces Scharnhorst.
Senate Minority Leader Dinah Sykes reappointed John Solbach, who represented Lawrence and rural Douglas County in the Kansas House from 1979 to 1992.
Neither the governor’s office nor the House minority leader’s office had decided on their appointments.
Masterson said James was initially a carry-over appointment from Wagle when he was first elected Senate president.
Masterson said his new appointment was picked based on someone knowledgeable in First Amendment law.
“I do think he’s very articulate, very capable and he’s very strong on the First Amendment,” Masterson said. “Those are the things I wanted.
“I just wanted a solid voice in there,” he said.
While Masterson said he hoped his appointment would have some sway on the agency, he wasn’t trying to steer the ethics commission’s investigation.
“I hope he has an influence on (the agency) in some way,” Masterson said.
“I think the agency has kind of been weaponized. I don’t like the trend of where it’s at,” Masterson said.
“It’s kind of like appointments to the court,” he said. “You talk about their philosophy, but after that, their on their own.”
Hawkins issued this statement explaining his appointment.
“Mr. Burger is a qualified and respected attorney,” Hawkins said. “Because of this, I’m confident he’ll make an excellent addition to the commission.”
The appointments come at pivotal time for ethics commission, which is conducting a broad investigation into campaign political contributions involving Republican political action committees, consultants and officials.
In court, the ethics commission’s executive director has indicated that the probe focuses on whether there was an effort to get around campaign contributions limits with PACs funneling money through local GOP affiliates to the state party.
Court records and testimony have indicated that the investigation is focused on political consultant Jared Suhn, one of the state’s leading Republican political consultants.
The ethics commission also is now tied up in court trying to force a handful of former local Republican Party leaders to respond to a subpoena seeking a broad range of communications that they say are overreaching.
Shawnee County District Judge Teresa Watson has suggested that the ethics subpoenas might not be legally sufficient to be enforced. A decision is expected soon.
The makeup of the commission could determine the course of the investigation, especially since seven of the nine members of the commission are needed to issue a subpoena.
Whether the commission will retain its subpoena power is in doubt after a broad piece of ethics legislation was introduced Thursday that would remove its agency’s ability to issued a subpoena and restrict its ability to carry out investigations.
The Senate’s top Democrat expressed concern that Republicans are targeting the ethics commission because of its ongoing investigation.
“Republican leadership is clearly playing politics with the commission, saying out loud that they intend to have a ‘chilling effect’ on the state’s top corruption watchdog,” Sykes said in a statement.
“The Republican Party is not unique in being held accountable by ethics, but they are the only ones mounting a witch hunt when asked to take responsibility for their missteps.
“I would encourage my colleagues in leadership not to attempt to put their thumb on the scale and work instead to regain the public’s trust,” she sai.
The governor appoints the chair of the commission and the vice chair is elected by the committee’s membership.
Commission appointments are made by the governor, the attorney general,
the secretary of state, the chief justice of the Supreme Court, the Senate president, the Senate minority leader, the House speaker and the House minority leader.
The governor makes two appointments, each from a different political party.
Here is a look at the other four members of the commission:
Jerome Helmer
First appointed by Chief Justice Lawton Nuss in 2015
Term expires Jan. 31, 2024
Hellmer has served on the ethics commission since his January 2015 retirement as chief judge of the 28th Judicial District, which is made up of Saline and Ottawa counties. He served as a district court judge from 1996 to 2011 and chief judge from 2011 to 2015. Before being appointed judge, Hellmer practiced law in Salina for 22 years.
Kyle Krull
First appointed by former Secretary of State Kris Kobach in 2011
Term expires Jan. 31, 2024
President and shareholder of the law offices of Kyle Krull. He’s also president and co-founder and shareholder of Integrity Marketing Solutions. He earned his law degree from Washburn University and a bachelor’s degree in journalism from the University of Kansas.
Jane Deterding
First appointed by Attorney General Derek Schmidt in 2015
Term expires Jan. 31, 2024
Chair of the board of Citizens Bank as well as general counsel. She was of counsel at Foulston, Conlee, Schmidt & Emerson from 1997 to 2001 and associate attorney at Hahn & Hessen from 1991 to 1992. She also worked in constituent services for the late U.S. Sen. Bob Dole. She received her law degree the University of Kansas and a bachelor’s degree in finance and economics from Wichita State University.
Patricia Dengler
First appointed by Gov. Laura Kelly in 2020
Term expires Jan. 31, 2024
When she was appointed in 2020, the governor’s office said Dengler’s practice
focused on healthcare, manufacturing, financial services and service companies. The governor’s office also said she advised management on employment policies, regulatory matters and organizational issues. It also said her client base included not-for-profit corporations involved in graduate medical education, social services and healthcare.
