Ethics complaint filed against Hawley

A St. Louis attorney has filed an ethics complaint against Missouri Attorney General Josh Hawley for not disclosing free legal representation from a well-connected Washington D.C. law firm in his state campaign finance reports or personal financial disclosures.

The complaint, dated Tuesday, was prompted by a report in The Kansas City Star that Hawley had received pro bono representation from Cooper & Kirk PLLC, a Washington-based law firm, during his 2016 campaign for attorney general, said Jane Dueker, a veteran Democratic attorney and lobbyist who was chief of staff for former Missouri Gov. Bob Holden.

Either Hawley is liable for not listing the free legal work as an in-kind contribution to his attorney general campaign, or the ‘pro bono’ services should have been disclosed as a gift on his personal financial disclosure, Dueker said.

Hawley’s Senate campaign has said Missouri law doesn’t require him to disclose Cooper & Kirk’s legal services.

Thursday, Hawley spokeswoman Kelli Ford said, “The Democrats' campaign by litigation continues. This is one of multiple, frivolous legal actions the Democrats have filed.

“Jane Dueker is a Democrat hired gun who has donated thousands of dollars to Claire McCaskill and Hillary Clinton and has a history of attacking Josh personally,” Ford said. “Her latest antic is no surprise.”

The free legal work by Cooper & Kirk was related to a lawsuit filed in May 2016 over an open records request to the University of Missouri for Hawley’s emails and other documents. Hawley worked as a professor at the University of Missouri’s law school before running for office.

The records request and lawsuit were filed by Kevin Elmer, a former state representative who backed Hawley’s opponent, State Sen. Kurt Schaefer, in a bitter GOP primary for attorney general.

An attorney for Cooper & Kirk, John Ohlendorf, represented Hawley at no cost in that lawsuit, which was dismissed in September 2016. Dueker represented Elmer.

Hawley’s attorney general campaign paid another firm for campaign-related legal expenses, and disclosed those fees as required with the Missouri Ethics Commission.

But that campaign did not disclose the Cooper & Kirk legal work as an expense in 2016, nor is the firm’s work on Hawley’s behalf recorded as an in-kind donation or personal gift.

“It has to be disclosed one way or another,” Dueker said. “You don’t get to take large sums of money or valuable things as a candidate and not disclose it. You don’t get to take big in-kind freebies from out of state interests and not disclose them.”

Dueker’s complaint asks the Missouri Ethics Commission to immediately investigate Hawley’s “intentional refusal to disclose and take appropriate remedial action ... for this clear violation of law,” she wrote in the complaint.

James Klahr, executive director of the Missouri Ethics Commission, declined to comment, noting that all investigations of alleged violations are confidential.

“If the Commission takes a final action regarding a complaint filed, that action will be posted on our website,” Klahr said.