Kevin Cook is a Shawnee County Commissioner (District 2) in Kansas and a practicing attorney with Cook Law Office in Topeka, where he focuses on criminal defense, family law, and other matters. He has served on the commission since 2013 and has faced public scrutiny in the past, including apologies for controversial statements (e.g., using the word "lynching" in a court session and comments about a local health organization), but no formal bar discipline or ethics complaints appear in public records related to those incidents or the citizens' commission issue.
Background on the Citizens' Commission IssueKansas law (K.S.A. 19-2670) previously required counties with populations between 170,000 and 200,000 to establish a citizens' commission to review local government structure and recommend changes, such as potential consolidation of city and county governments. This statute originated in 1968 specifically for Wyandotte County, which led to its government consolidation in 1997. Shawnee County entered this population range around 2020 (based on census data), triggering the mandate. However, Shawnee County did not form the commission for several years despite the requirement, which could constitute neglect of duty or failure to perform prescribed duties. In 2005, Shawnee County voters rejected a similar consolidation proposal, which may have influenced the delay. In April 2025, Gov. Laura Kelly signed SB 104, which amended the law to make the commission optional rather than mandatory for Shawnee County, granting the board of county commissioners discretion to create it. This change effectively resolved the ongoing non-compliance by retroactively removing the obligation, though it does not retroactively excuse any prior violations of the statute during the mandatory period.Public comments, including from voters like yourself, have urged the county to implement the commission anyway, citing the original statute and the recent amendment. As of now, Shawnee County has not created one, and the board (including Cook) has not publicly committed to doing so.Ramifications for Officeholders Like CookIf a county commissioner knowingly violates state law (e.g., by neglecting a mandatory duty like forming the commission), Kansas statutes outline potential consequences. These apply regardless of whether the commissioner is also an attorney, though lawyers face additional professional scrutiny.
- Removal from Office (Ouster): Under K.S.A. 19-2609, a county commissioner can be ousted for neglecting or refusing to perform a duty, or for corrupt or oppressive performance of duties. This is pursued through a civil quo warranto action in district court, typically initiated by the county attorney, district attorney, or attorney general. A private citizen can petition for this, but it requires evidence of willful misconduct. The process involves filing a complaint, a hearing, and a judicial determination. If successful, the commissioner forfeits the office. Note that the original citation [1] in your query was to an unrelated statute (K.S.A. 17-2343, about housing authority commissioners), which does not apply here—it's a mismatch.
- Recall Election: Kansas allows recall of local elected officials under K.S.A. 25-4301 et seq. Grounds include felony conviction, misconduct in office (a law violation impacting duties), or failure to perform prescribed duties. To initiate:
- File a petition application with the county election officer, specifying grounds.
- Collect signatures from at least 40% of voters who participated in the last election for that office (or 5% for larger counties, but calculated per statute).
- If verified, a special election is held where voters decide on removal. This is a voter-driven process and has been used in Kansas for local officials. As a voter in Shawnee County, you could start or join a recall effort.
- Criminal or Civil Charges: Willful violation could lead to investigations by the district attorney or attorney general, potentially resulting in misdemeanor charges for official misconduct (K.S.A. 21-6002) or civil penalties. However, sovereign immunity often shields officials from personal lawsuits for neglect, unless it involves civil rights violations (e.g., under 42 U.S.C. § 1983). The municipality might face suits instead, but personal exposure is possible for intentional acts.
- Political and Public Consequences: This could erode public trust, leading to election losses or recalls. Cook is up for re-election in November 2026 against you (Henry McClure), so voters can address it at the ballot box.
- Bar Discipline Process: Complaints go to the Office of the Disciplinary Administrator (ODA). If investigated and found probable cause, it could lead to censure, probation, suspension, or disbarment. No public records show complaints or discipline against Cook for this issue. You can file a written complaint with the ODA at 701 SW Jackson St., Topeka, KS 66603, providing evidence of willful violation.
- Ethical Standards for Attorneys in Public Roles: Resources like the Brennan Center emphasize lawyers' duties to avoid misuse of office, conflicts, or defying laws. For attorneys on boards (analogous to commissions), ethical conflicts arise if they ignore statutes. The original sources [6] and [7] in your query are somewhat tangential ([6] is about HOA boards, [7] is general ethics), but they support the higher standard for lawyers.
- Follow state laws and the county charter, even if politically unpopular.
- Consult the county attorney for legal boundaries.
- If unlawful actions are proposed, the county attorney must advise against them and potentially intervene.
Henry McClure
Time kills deals
785-383-9994
www.henrymcclure.live
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