The state Senate on Monday launched a special bipartisan committee that could recommend removing embattled Democratic Attorney General Kathleen Kane under an obscure constitutional provision never used in the modern era and a process that's not firmly established.
In a brief floor proceeding, the Senate unanimously approved the committee's formation to pursue the possible removal of Kane under Article 6, Section 7, of the state constitution. It was given 30 days to produce a preliminary report to the Senate.
The committee's creation came three days after Senate officials announced their intention to appoint a fact-finding committee to recommend whether Kane can fulfill the duties of attorney general while her law license is suspended.
Monday's Senate proceeding mentioned nothing about assessing Kane's ability to perform her duties with her law license suspended, and Senate officials acknowledged that it was somewhat vague. But the chairman, Senate Majority Whip John Gordner, R-Columbia, said he will take his marching orders from a statement issued Friday by Senate President Pro Tempore Joe Scarnati, a fellow Republican.
"The parameters that the Senate pro tem set up was specifically to look at the manner in which the attorney general can operate as attorney general with an indefinitely suspended license as well as other issues as the committee may pursue," Gordner said.
The Senate's move had been expected since Montgomery County authorities charged Kane on Aug. 6 with felony perjury and other crimes, accusing her of leaking secret investigative information to a newspaper and lying about it.
On Sept. 21, Pennsylvania's five state Supreme Court justices ordered Kane's law license suspended. The suspension took effect Thursday.
Kane, who's serving her first term, is fighting the charges. Her spokesman has said the Senate's action is premature and legally questionable. Despite calls from Democratic Gov. Tom Wolf for her to resign, she remains in office and has said she will continue to perform most of her official duties.
Should the committee decide that Kane cannot fulfill the office's duties, it could recommend the use of the constitutional provision that allows the governor and two-thirds of the Senate to remove certain public officials.
Scarnati, of Jefferson, and Senate Minority Leader Jay Costa, D-Allegheny, each appointed three committee members, with Scarnati attached as an ex-officio member.
The members are Gordner and fellow Republicans Gene Yaw, of Lycoming County, and Lisa Baker, of Luzerne County, and Democrats Art Haywood, of Philadelphia, Judy Schwank, of Berks County, and Sean Wiley, of Erie County.
Documents provided Monday to the members included the removal provision in the constitution, the 1980 law creating the position of an elected attorney general and the rules of professional conduct for lawyers.
At least one committee member, Schwank, has already called for Kane to step down.
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"Fighting these charges will be a major distraction — not only for Attorney General Kane but for her entire staff," Schwank said, according to an Aug. 7 report by the Reading Eagle.
Costa defended Schwank, saying she's not predisposed to a decision. Schwank's statement, Costa said, did not amount to a strong opinion that Kane should resign but rather was an expression of concern.
