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PRINTER'S NO. 1557
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE RESOLUTION
No.
284
Session of
2015
INTRODUCED BY SCARNATI, FEBRUARY 9, 2016
REFERRED TO RULES AND EXECUTIVE NOMINATIONS, FEBRUARY 9, 2016
A RESOLUTION
Addressing the Governor to act under section 7 of Article VI of
the Constitution of Pennsylvania to remove Attorney General
Kathleen G. Kane from office for reasonable cause.
WHEREAS, On September 21, 2015, the Supreme Court issued an
order to temporarily suspend Attorney General Kathleen G. Kane's
license to practice law for an indefinite period of time; and
WHEREAS, On October 22, 2015, the order became effective and
Attorney General Kathleen G. Kane's law license was suspended;
and
WHEREAS, On October 26, 2015, the Senate established the
bipartisan Special Committee on Senate Address to pursue
possible Senate address related to Attorney General Kathleen G.
Kane under section 7 of Article VI of the Constitution of
Pennsylvania; and
WHEREAS, During November 2015, the committee conducted
hearings, taking sworn testimony and receiving evidence to
determine whether there is a sufficient basis for the Senate to
move forward with due notice to Attorney General Kathleen G.
Kane and a full hearing under section 7 of Article VI of the
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Constitution of Pennsylvania; and
WHEREAS, On November 25, 2015, the committee made findings;
and
WHEREAS, The committee found that the Senate is vested with
the constitutional authority under section 7 of Article VI of
the Constitution of Pennsylvania to direct the Governor to
remove an Attorney General for reasonable cause, following due
notice and full hearing, on the address of two-thirds of the
Senate; and
WHEREAS, The committee, while making no specific finding on
direct removal, found a sufficient basis for the Senate to move
forward with due notice to Attorney General Kathleen G. Kane and
a full hearing under section 7 of Article VI of the
Constitution of Pennsylvania; and
WHEREAS, On December 4, 2015, the committee made a
preliminary report of its findings to the Senate; and
WHEREAS, On December 9, 2015, the Senate unanimously adopted
Senate Resolution No. 256, Printer's No. 1461 (2015), which
adopted rules of procedure governing the due notice and full
hearing to be provided to Attorney General Kathleen G. Kane
under section 7 of Article VI of the Constitution of
Pennsylvania; and
WHEREAS, On December 10, 2015, Senate Resolution No. 256,
Printer's No. 1461 (2015), the report of the committee and the
exhibits of the report were served on both the Office of
Attorney General and private counsel for Attorney General
Kathleen G. Kane, fulfilling the notice requirement of section 7
of Article VI of the Constitution of Pennsylvania; and
WHEREAS, On January 11, 2016, Attorney General Kathleen G.
Kane sent a letter to the committee in which she declined to
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appear personally before the committee to defend herself; and
WHEREAS, The service and response fulfill the due notice
requirement under section 7 of Article VI of the Constitution of
Pennsylvania; and
WHEREAS, On January 12, 2016, a full hearing for Attorney
General Kathleen G. Kane was conducted by the committee; and
WHEREAS, At the hearing, Jonathan Duecker, Chief of Staff for
Attorney General Kathleen G. Kane, and former Governor Edward G.
Rendell testified as authorized by Attorney General Kathleen G.
Kane on her behalf; and
WHEREAS, The hearing and testimony fulfill the full hearing
requirement of section 7 of Article VI of the Constitution of
Pennsylvania; and
WHEREAS, On January 27, 2016, the committee made a final
report of its findings to the Senate; and
WHEREAS, On February 5, 2016, the Supreme Court denied
Attorney General Kathleen G. Kane's Application for
Extraordinary Relief seeking the immediate reinstatement of her
law license; and
WHEREAS, After careful consideration and deliberation of the
testimony presented and the evidence received, reasonable cause
exists to remove Attorney General Kathleen G. Kane from office
because Attorney General Kathleen G. Kane cannot perform the
duties of her office with an indefinitely suspended law license;
and
WHEREAS, The Senate determined that, after due notice and
full hearing was provided as required under section 7 of Article
VI of the Constitution of Pennsylvania, reasonable cause has
been found to exist to remove Attorney General Kathleen G. Kane
from her elected office; therefore be it
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RESOLVED, That the Senate, by this address, direct the
Governor to remove Attorney General Kathleen G. Kane from the
Office of Attorney General of the Commonwealth of Pennsylvania
under section 7 of Article VI of the Constitution of
Pennsylvania; and be it further
RESOLVED, That, within 24 hours of adoption of this
resolution, the Sergeant-at-Arms serve this resolution and the
reports and exhibits of the Special Committee on Senate Address
upon the Governor.
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