Kansas Supreme Court strips state Rep. Maughan and former Rep. Samsel of their bar licenses • Kansas Reflector

TOPEKA – The Kansas Supreme Court on Friday disbarred a current and former member of the Kansas House of Representatives because of evidence they violated the Rules of Professional Conduct for Lawyers.

The state’s highest court ruled that Rep. Carl Maughan (R-Colwich)’s license should be suspended for a year after he encountered a conflict of interest while representing the drunk driver of a vehicle in Sedgwick County that killed two disabled men in a traffic accident in Wichita in 2016.

A state disciplinary committee responsible for overseeing licensed attorneys in Kansas had originally recommended a six-month suspension of Maughan’s license, which would have been converted to probation if he had participated in a rehabilitation program.

Alice Walker, the state’s deputy disciplinary administrator, recommended that the Supreme Court suspend Maughan’s driver’s license for 12 months. During the Supreme Court hearing in May, Walker said the harsher punishment was justified because Maughan had refused to cooperate with the disciplinary office since December. He also failed to appear at the Supreme Court hearing in May for his disciplinary case, citing alleged car problems.

“At this time,” Walker said, “I do not believe Mr. Maughan is capable of complying with a parole plan.”

Maughan, who has been admitted to the Kansas bar since 1997, acknowledged that he was involved in conflicts of interest that undermined the representation of his client, Bret Blevins, who was charged with the premeditated murder of Dusty Atterbery and Dirk MacMillan. Evidence presented at trial suggested that Blevins was drunk and using methamphetamine before running a stop sign in a residential area and driving a Cadillac Escalade sideways into a pickup truck containing the slain men.

Blevins’ girlfriend, Tammy Akers, was the only other person in the vehicle. Akers was a longtime client of Maughan’s and offered to pay Maughan $30,000 to defend Blevins. During Blevins’ trial, Maughan claimed he had obtained conflict of interest waivers from Blevins and Akers. Part of Maughan’s strategy in defending Blevins was to argue that Akers was driving the Cadillac at the time of the accident. Akers pointed the finger at Blevins.

According to court documents, Maughan represented Akers in another legal matter while serving as counsel to Blevins in the fatal traffic accident case.

Following a trial in Sedgwick County District Court, Blevins was found guilty on 14 counts and sentenced to more than 725 months in prison. At the direction of the Kansas Court of Appeals, a hearing was held in Sedgwick County District Court to determine whether Maughan had a conflict of interest that affected his ability to properly represent Blevins.

A Sedgwick County judge said there was no such conflict of interest. At the time, Maughan’s wife was a sitting judge in Sedgwick County District Court.

In 2021, the Kansas Court of Appeals issued a decision overturning the district court’s ruling and upholding Blevins’ claim that Maughan provided him with inadequate legal advice. The case was sent back to Wichita for a retrial. In March, Blevins was again sentenced to 205 months in prison.

The Court of Appeals commented on Maughan’s simultaneous representation of Akers and Blevins: “It is not difficult to imagine the significant risk of conflicting pressures that weigh on a lawyer when representing both a long-standing client who not only pays his bills but is also involved in the very crime with which his new client is accused, and a new client whose only defense is to incriminate the lawyer’s former client.”

Misconduct “clearly established”

At several points in the legal drama, Maughan claimed he obtained oral or written waivers from Blevins and Akers. Maughan said those waivers allowed him to represent Blevins “zealously and diligently” in the murder case. However, the state’s appeals court concluded that Blevins “did not waive his right to a conflict-free attorney.”

Maughan acknowledged during the state’s disciplinary investigation that he had not obtained any waivers from Blevins or Akers regarding his conflicts of interest.

“Even if he had not done so,” the Supreme Court’s decision states, “the evidence before the hearing panel clearly established the misconduct alleged against him.”

The judges found Maughan to have a conflict of interest, conduct prejudicial to the administration of justice and other breaches of professional duty.

To be able to practice law in Kansas again, the Supreme Court ruled, Maughan must undergo a reinstatement hearing before the court decides whether to reinstate his license.

Maughan is on the ballot for re-election to the Kansas House of Representatives despite claims that his campaign was suspended two months ago.

In March, he was arrested in Shawnee County on suspicion of drunken driving. The DUI-related charging affidavit states that Maughan had a loaded semi-automatic pistol, an empty bottle of Fireball whiskey and an open case of beer in the vehicle when a Topeka Police officer stopped him.

In response to his arrest on a DUI charge, Maughan said his behavior sets a bad example for his family, the voters of the 90th District and the citizens of Kansas. “I made a serious mistake and I apologize and take responsibility for my actions,” he said.