Derek Schmidt

Derek Schmidt (born January 23, 1968) is the 44th and current Kansas Attorney General. Schmidt previously served as a member of the Kansas Senate, representing the 15th district, and as Senate Majority Leader. Before serving in the legislature, he was Special Counsel to Governor Bill Graves.

Derek Schmidt
44th Attorney General of Kansas
Assumed office
January 10, 2011
GovernorSam Brownback
Jeff Colyer
Laura Kelly
Preceded byStephen Six
Majority Leader of the Kansas Senate
In office
January 10, 2005 – January 10, 2011
Preceded byLana Oleen
Succeeded byJay Emler
Member of the Kansas Senate
from the 15th district
In office
January 8, 2001 – January 10, 2011
Preceded byTim Emert
Succeeded byJeff King
Personal details
Born (1968-01-23) January 23, 1968
Independence, Kansas, U.S.
Political partyRepublican
Spouse(s)Jennifer Schmidt
EducationUniversity of Kansas (BA)
University of Leicester (MA)
Georgetown University (JD)

Schmidt defeated then-attorney general, Democrat Stephen Six in the November 2010 elections.

Early life and career

Derek Larkin Schmidt was born on January 23, 1968 in Independence, Kansas, the only child of Barbara and Bill Schmidt.[1] He attended the University of Kansas where he received a BA in Journalism in 1990. In the United Kingdom he obtained his Masters in International Politics from the University of Leicester. He attended the Georgetown University Law Center (GULC) where he received his Juris Doctor. While attending classes at GULC, Schmidt served as an assistant, first to former United States Senator Nancy Kassebaum from Kansas, then to Senator Chuck Hagel from Nebraska.[2]

Legislative career

Schmidt was elected to the Kansas Senate in 2000. He defeated Virgil Peck Jr. in the Republican primary and Democrat Joshua Shelton in the general election. He was re-elected to represent the 15th District in 2004 and again in 2008, both times without opposition. He resigned his senate seat after his election as Attorney General. [3]

Agriculture Committee

Immediately upon taking office in January 2001, Schmidt was appointed to serve as Chairman of the Senate Agriculture Committee, a rarity for a freshman senator. He remained chairman until he was later elected Senate Majority Leader by the Senate Republican Caucus in December 2004.

Senate Majority Leader

In the race for Majority Leader, Schmidt defeated then-Senator Tim Huelskamp.[4]

While serving as Majority Leader, Schmidt also served as Vice Chairman of the Senate Judiciary Committee. In both capacities, Schmidt provided leadership on public safety legislation and oversaw the passage of Kansas' version of Jessica's Law, which provides for a life sentence in prison for certain sex offenders who prey on children.[5]

Legislation

During his time in the Kansas Senate, Schmidt also supported:

  • Increased state funding for education
  • Increased eligibility of children for health care
  • Nuclear-powered energy
  • Tougher punishments for repeat felons
  • Legislative spending restraint
  • Sponsored repeal of a state ban on for-profit prisons, which measure lost[6]

Legislation sponsored or co-sponsored by Schmidt included:{{Cn|date=April 2020

  • Senate Bill 584 to consolidate the food inspections agencies
  • Senate Bill 531 to increase K-12 educational funding
  • House Sub. for SB 81 to increase child health care
  • Senate Bill 586 to create financial incentives for nuclear power plant expansion
  • House Bill 2707 to create tougher punishments for three-time thieves
  • Senate Sub. for HB 2006 to create incentives for the aviation industry

Major donors

The top contributors to Schmidt's 2008 Senate campaign, according to the National Institute on Money in State Politics:[7] Kansas Association of Realtors $2,000, Kansas Contractor's Association $1,500, Watco Industries $1,500, Koch Industries $1,500, and Kansas Chamber of Commerce $1,500.

Attorney General

2010 campaign

Schmidt was the Republican nominee for Kansas Attorney General, defeating Ralph DeZago in the Republican Primary on August 3, 2010.[8] He won the general election against the incumbent, Democrat Steve Six[9] and took office on January 10, 2011.

A major issue in Schmidt's first campaign for attorney general was based on Six's decision not to join with the state of Florida and 24 other states on appeal in support of the plaintiff in the proceedings challenging the constitutionality of the Affordable Care Act (ACA). Six contended that “the cost of getting involved” would exceed any gain realized by Kansas if the ACA was repealed.[10]

2014 campaign

Schmidt won re-election after defeating Democrat AJ Kotich in the 2014 Kansas elections. Schmidt received 564,766 votes, more than any statewide candidate except State Treasurer Ron Estes.

Tenure in office

Kansas Bureau of Investigation

In 2010, Schmidt campaigned on reinvigorating the Kansas Bureau of Investigation and supporting its needs. In July 2011, he appointed Kirk D. Thompson the 14th Director of the KBI. Soon after, they created the KBI’s first Child Victims Unit and expanded KBI’s cybercrimes capacity by creating the nation’s first transitional Regional Computer Forensic Laboratory.[11]

Schmidt led the successful effort to secure funding and construct a new Forensic Science Center for the KBI. The new forensic laboratory was dedicated in 2015.[12] It is on the campus of Washburn University of Topeka, and as a part of the new partnership, Washburn established a new forensic science degree program.[13]

In 2018, the Kansas Legislature approved Schmidt’s request to hire new KBI field agents and to establish an Internet Crimes Against Children Unit at the bureau.

Consumer Protection and Financial Crimes

In 2016, Schmidt created a new Fraud and Abuse Litigation Division to prosecute financial crimes and elder abuse.[14]

Coronavirus response

In April 2020, Democratic Governor Laura Kelly instituted orders to restrict the rapid spread of COVID-19 that limited public gatherings to a maximum of ten persons. As this would have applied to Easter Sunday celebrations in churches, the Republican-majority Legislative Coordinating Council reversed her order and Republican AG Schmidt opposed it as a violation of the Kansas Constitution and Kansas law.[15] Schmidt issued a memo calling the order likely unconstitutional and urged law enforcement not to enforce it.[15] Of the first eleven loci of contagion in Kansas, three had already been traced to religious gatherings.[16] The Kansas Supreme Court reinstated Kelly's orders on April 11, in expedited proceedings. [17]

Federalism

Schmidt has made challenging what he has contended was illegal federal overreach a priority throughout his tenure as attorney general. Schmidt, along with the attorneys general of several other states, challenged several federal regulatory actions, during the Obama administration. Schmidt and his colleagues were successful in blocking many of these regulations, particularly those proposed by the Environmental Protection Agency.[18][19][20]

One of Schmidt's first acts attorney general for Kansas was to join the states that oppose the Patient Protection and Affordable Care Act on constitutional grounds in the case of Florida et al v. United States Department of Health and Human Services.[21][22] An Appeals court later ruled that the addition of those 25 states was not necessary for Florida to have standing to challenge the ACA.[23] The U.S. Supreme Court decided that case by upholding most of the ACA as constitutional, while striking down a portion of the law which would have mandated states to implement Medicaid expansion.[24][25][26]

In July 2017, Texas Attorney General Ken Paxton led Schmidt and a group of Republican Attorneys General from eight other states joined by Idaho Governor Butch Otter in making a threat to the Donald Trump administration that they would litigate if the president did not terminate the Deferred Action for Childhood Arrivals policy that had been put into place by president Barack Obama. One, Tennessee Attorney General Herbert H. Slatery III, subsequently reversed his position and withdrew his participation from the proposed suit on August 31. Slatery went further to urge passage of the DREAM Act.[27][28] The other Attorneys General who joined in making the threats against Trump included Steve Marshall of Alabama, Leslie Rutledge of Arkansas, Lawrence Wasden of Idaho, Jeff Landry of Louisiana, Doug Peterson of Nebraska, Alan Wilson of South Carolina, and Patrick Morrisey of West Virginia.[29]

U.S. Supreme Court Arguments

Schmidt has argued and won two cases involving the death penalty at the United States Supreme Court. In 2013, he successfully argued Kansas v. Cheever. In 2015, he successfully argued Kansas v. Carr. In the upcoming term, the Court has granted three petitions for writ of certiorari filed by the State of Kansas and will hear oral arguments on each case in the fall of 2019. Two are death penalty cases, Kahler v. Kansas and Kansas V. Glover. The third involves jurisdiction in a forged identity document case, Kansas v. Garcia.[30]

National Leadership

In 2017, Schmidt's colleagues elected him to serve as president of the National Association of Attorneys General (NAAG).[31]

During his tenure as NAAG President, Schmidt joined U.S. Attorney General Jeff Sessions in announcing the largest elder fraud enforcement sweep in U.S. history,[32] and conducted a town hall meeting on consumer protection with Director Mick Mulvaney of the Bureau of Consumer Financial Protection.[33]

State Objections Board

Despite numerous judges across the U.S. having rejected challenges to the natural born citizenship of Barack Obama, since before he was elected president in 2008,[34] Kansas Secretary of State Kris Kobach persistently demanded proof of citizenship before allowing Obama's name to appear on the 2012 Kansas presidential ballot. In September 2012, while leading the three-person State Objections Board, and supported by its other members, Kansas Secretary of State Jeff Colyer and Schmidt, Kobach requested additional evidence that Obama was actually born in Hawaii.[35] In September 2012, the three heard arguments on a claim from a Manhattan, Kansas, resident that President Barack Obama was not eligible to be president because his father was from Kenya. The resident, Joe Montgomery, also questioned whether Obama has a valid birth certificate. As head of the Board, Kobach requested additional evidence that Obama was actually born in Hawaii.[36] According to the Topeka Capital-Journal, the Board said it lacked sufficient evidence as to whether or not Obama was eligible to appear on the Kansas ballot as a candidate in the 2012 presidential election. They stated a need to review his birth certificate and other documents from Hawaii, as well as Arizona and Mississippi before they could respond to a complaint alleging that the president was not a "natural born citizen." "Given the cursory response from President Obama, the Board is merely attempting to obtain additional information before making a decision," said Kobach's spokesperson.[37] In an editorial, The New York Times characterized the actions of the Kansas authorities as having "reignited long-running conspiracy theories that the president was not born in the United States." CNN reported that "the Kansas ballot measure is one of several examples of the birther movement's still-persistent presence."[38]

In 2018, after allegations that appointed incumbent and child abuser,[39] Republican Michael Capps, did not live as required in the electoral district in which he was running, a complaint was submitted by the Democratic party to the board. The board, by then composed of Republicans Kobach, Schmidt and newly appointed "birther," Lieutenant Governor Tracey Mann, found the complaint to be invalid and allowed Capps to stay on the ballot and he won the election. Capps received 54% of the vote to 46% for Democrat Monica Marks.[40] When a Wichita Eagle reporter went to the home in the wake of the October 2019 accusations about a fabricated attack video made by Capps against Wichita mayoral runoff candidate Brandon Whipple, an unidentified young man living there said he was "house sitting" and hadn't seen Capps, "in a while."[41]

Marriage

Schmidt also opposed allowing same-sex couples from changing names on state drivers licenses, from receiving spousal health benefits, or from filing state taxes as married couples. The ACLU sought an injunction against Schmidt's initiatives to continue bans in most of the state's counties despite adversarial rulings from a federal district court in Kansas and from the U.S. Supreme Court.[42]

2014 Senate Race

Schmidt joined forces with Kris Kobach, then-Kansas Secretary of State, using taxpayer funds for a partisan political purpose to file briefs which attempted to force the Kansas Democratic party to field a candidate in the 2014 U.S. Senate general election. If successful, it was anticipated to have decreased the chances of independent candidate Greg Orman of defeating incumbent Republican Pat Roberts. The Kansas District Court in Shawnee County declined to issue any such order.[43]

Planned Parenthood

In February 2018, in the case of Planned Parenthood of Kansas and Mid-Missouri v. Andersen, the United States Court of Appeals for the Tenth Circuit found that "States may not terminate providers from their Medicaid program for any reason they see fit, especially when that reason is unrelated to the provider's competence and the quality of the health care it provides."[44] Schmidt claimed that the decision, as well as a similar one made by the Fifth Circuit in the Louisiana case of Gee v. Planned Parenthood Of Gulf Coast, allowed "millions of Medicaid beneficiaries the ability to go directly to federal court to challenge a state's determination that their provider is not 'qualified' — bypassing layers of state administrative review". In December 2018, the Supreme Court of the United States rejected a motion for a writ of certiorari by Schmidt who supported overturning the 10th Circuit's decision.[45]

Marijuana

In 2019, Attorneys General from all 50 U.S. states, the District of Columbia, and all four U.S. territories were offered the opportunity to support a bill, the Secure and Fair Enforcement (SAFE) Banking Act (H.R. 1595), sponsored by U.S. Rep. Ed Perlmutter (D-Colo.), which would permit marijuana-related businesses in states and territories to use the banking system. The bill would facilitate collection of taxes levied on the $8.3 billion industry, reduce the danger of operating cash-only businesses and more effectively monitor the industry. Only Schmidt and 16 other A.G.s did not support the measure. [46]

Electoral history
Kansas State Senate 15th District Republican Primary Election, 2000[47]
Party Candidate Votes %
Republican Derek Schmidt 7,002 58.20
Republican Virgil Peck, Jr. 5,029 41.80
Kansas State Senate 15th District General Election, 2000[48]
Party Candidate Votes %
Republican Derek Schmidt 17,230 73.41
Democratic Johnetta Shelton 6,240 26.59
Republican hold
Kansas State Senate 15th District General Election, 2004[49]
Party Candidate Votes %
Republican Derek Schmidt (Incumbent) 24,307 100.00
Republican hold
Kansas State Senate 15th District General Election, 2008[50]
Party Candidate Votes %
Republican Derek Schmidt (Incumbent) 24,259 100.00
Republican hold
Kansas Attorney General Republican Primary Election, 2010[8]
Party Candidate Votes %
Republican Derek Schmidt 208,611 76.30
Republican Ralph De Zago 64,493 23.60
Kansas Attorney General General Election, 2010[9]
Party Candidate Votes %
Republican Derek Schmidt 458,497 54.90
Democratic Steve Six (Incumbent) 349,340 41.80
Libertarian Dennis Hawver 26,867 3.20
Republican gain from Democratic
Kansas Attorney General General Election, 2014[51]
Party Candidate Votes %
Republican Derek Schmidt (Incumbent) 564,766 66.70
Democratic AJ Kotich 281,105 33.20
Republican hold
Kansas Attorney General General Election, 2018[52]
Party Candidate Votes %
Republican Derek Schmidt (Incumbent) 599,773 59%
Democratic Sarah G. Swain 410,881 41%
Republican hold

References
  1. "Derek Schmidt Profile". Retrieved December 10, 2007.
  2. "Hall Center selects state Sen. Derek Schmidt as first Simons Fellow". Retrieved December 10, 2007.
  3. Schmidt ousts Six in AG race, Topeka Capital-Journal, 2 November 2010
  4. "Meet Derek". Derek Schmidt. Retrieved March 12, 2019.
  5. Wurtz, Stephanie. "Lawmakers Approve Jessica's Law". www.wibw.com. Retrieved March 12, 2019.
  6. Carpenter, Tim "AG Nominees Tangle on Records" Topeka Capital-Journal. October 21, 2010. Retrieved March 2, 2013.
  7. Derek Schmidt 2008 campaign contributions
  8. "2010 Primary Election Official Vote Totals" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
  9. "2010 General Election Results" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
  10. Schmidt’s pledge to join ACA challenge bolstered candidacy Kansas AG optimistic states will prevail, but Washburn law professor predicts otherwise, Kansas Health Institute, Jim McLean, March 26, 2012. Retrieved July 16, 2017.
  11. "Kansas Bureau of Investigation to Staff $1M Cybercrime Unit". www.govtech.com. Retrieved June 6, 2019.
  12. Anderson, Phil. "New KBI building officially opens Monday at Washburn University". The Topeka Capital-Journal. Retrieved June 6, 2019.
  13. "Washburn Forensics". washburn.edu. Retrieved June 6, 2019.
  14. Brown, Zoe. "Derek Schmidt, Scott Schwab propose voter fraud be prosecuted by attorney general, local prosecutors". KCTV Kansas City. Retrieved June 6, 2019.
  15. War over Easter: Kansas lawmakers revoke Gov. Kelly’s order limiting church gatherings, Wichita Eagle, Jonathan Shorman, Amy Renee Leiker and Michael Stavola, April 8, 2020. Retrieved April 9, 2020.
  16. Kansas has 3 church-related COVID-19 clusters, state says amid scramble for supplies, Wichita Eagle, Jonathan Shorman, April 6, 2020. Retrieved April 9, 2020.
  17. Kansas Supreme Court says executive order banning religious service of more than 10 people stands, KMBC, April 11, 2020. Retrieved April 12, 2020.
  18. Schmidt, Derek (December 5, 2016). "Rein in federal agencies and illegal regulations". Wichita Eagle. Wichita, Kansas. Retrieved July 30, 2017.
  19. Leblanc, Aileen (August 12, 2016). "Kansas Among States Challenging New EPA Regulations On Oil And Gas Industry". KMUW. Wichita, Kansas. Retrieved July 30, 2017.
  20. Hurley, Lawrence; Volcovici, Valerie (February 9, 2016). "U.S. Supreme Court Blocks Obama's Clean Power Plan". Scientific American. New York, NY. Retrieved July 30, 2017.
  21. Schmidt, Derek (January 12, 2011). "Full text: Kansas Attorney General Schmidt's letter about health care reform". Kansas City Business Journal. Retrieved February 11, 2011. The Act’s mandate that all citizens and legal residents of the United States maintain qualifying healthcare coverage or pay a penalty (the individual mandate) is an unprecedented attempt to expand federal power that would encroach on the sovereignty of the State of Kansas and on the rights of our citizens.
  22. Klepper, David (January 12, 2011). "Kansas wants in on health care lawsuit". Kansas City Star. Retrieved February 11, 2011. The letter, addressed to Florida’s attorney general, asks permission to join the 20 states that are suing the federal government over the law.
  23. U.S. Court of Appeals for the Eleventh Circuit, "State of Florida et al. v. U.S. Department of Health and Human Services et al, 11th Circuit Court of Appeals, August 12, 2011. Retrieved July 16, 2017.
  24. How John Roberts upheld health-care law while limiting congressional power, Christian Science Monitor, Warren Richey June 28, 2012. Retrieved July 16, 2017.
  25. P. 39–50, slip op., National Federation of Independent Business v. Sebelius, U.S. Sup. Ct. (June 28, 2012). Retrieved March 2, 2013.
  26. Rosenbaum, Sara; Westmoreland, Timothy (August 2012). "The Supreme Court's Surprising Decision On The Medicaid Expansion: How Will The Federal Government And States Proceed?". Health Affairs. 31 (8): 1663–1672. doi:10.1377/hlthaff.2012.0766. Retrieved July 30, 2017.
  27. Tennessee’s attorney general: I’ve changed my mind, DACA is good, pass the DREAM Act, Vox.com, Dara Linddara, September 1, 2017. Retrieved September 2, 2017.
  28. Texas leads 10 states in urging Trump to end Obama-era immigration program, Texas Tribune, Julián Aguilar, June 29, 2017. Retrieved September 2, 2017.
  29. SPLC denounces letter from 10 Attorneys General seeking "cruel and heartless" repeal of DACA, Southern Poverty Law Center, June 30, 2017. Retrieved September 2, 2017.
  30. "Supreme Court 2019-2020 Term". Oyez.
  31. Carpenter, Tim (June 23, 2017). "Kansas Attorney General Schmidt to lead national AG organization". Topeka, KS: Topeka Capital-Journal. Retrieved July 30, 2017.
  32. "NAAG | State Attorneys General Announce Elder Fraud Sweep with Justice Department". www.naag.org. Retrieved June 6, 2019.
  33. Gartner, Alec (June 8, 2018). "Trump cabinet member talks consumer protection in Topeka". KSNT. Retrieved June 6, 2019.
  34. Around the nation, Washington Times, October 26, 2008. Retrieved July 15, 2017.
  35. "Kan. board delays decision on Obama, ballot". DeseretNews.com. September 13, 2012. Retrieved July 15, 2017.
  36. "Kan. board delays decision on Obama, ballot". DeseretNews.com. September 13, 2012. Retrieved July 15, 2017.
  37. "Kansas Republicans: We need to see Obama's birth certificate". Retrieved July 15, 2017.
  38. "Obama to appear on Kansas ballot after 'birther' challenge dropped". Retrieved July 15, 2017.
  39. Kansas GOP Cuts Ties With Michael Capps After Child Abuse Accusations Surface, KCUR, Stephen Bisaha, August 31, 2018. Retrieved November 4, 2019.
  40. Kansas House of Representatives District 85, Ballotpedia. Retrieved November 5, 2019.
  41. Sedgwick County Republican Party calls on GOP Rep. Michael Capps to resign over video, Wichita Eagle, Dion Lefler and Chance Swain, November 1, 2019. Retrieved November 5, 2019.
  42. Preliminary injunction sought in Kansas gay marriage case to force full recognition of marriages, Lawrence Journal World, Peter Hancock, December 8, 2014. Retrieved June 7, 2019.
  43. AG Derek Schmidt files brief in support of case to force Democrats to field Senate candidate, Wichita Eagle, Bryan Lowry, September 25, 2014. Retrieved December 13, 2014.
  44. "Planned Parenthood of Kansas and Mid-Missouri; Planned Parenthood of St. Louis Region; et al. v. Jeff Andersen". United States Court of Appeals for the Tenth Circuit. via Justia. February 21, 2018.
  45. Supreme Court sides with Planned Parenthood in funding fight, KSWB-TV, CNN, December 10, 2018. Retrieved December 10, 2018.
  46. Attorneys general from 33 states urge banking reform for pot industry, Associated Press, May 8, 2019. Retrieved June 3, 2019.
  47. "2000 Kansas Primary Election Results (Kansas Senate)" (XLS). Kansas Secretary of State's Office. Retrieved July 30, 2017.
  48. "2000 Kansas Official General Election Results". Kansas Secretary of State's Office. Retrieved July 30, 2017.
  49. "2004 Kansas General Election Results (KS Senate)" (XLS). Kansas Secretary of State's Office. Retrieved July 30, 2017.
  50. "2008 Official General Results" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
  51. "2014 General Election Official Results" (PDF). Kansas Secretary of State's Office. Retrieved July 30, 2017.
  52. "2018 General Election Unofficial Results" (PDF). Kansas Secretary of State's Office. Retrieved December 10, 2018.
Legal offices
Preceded by
Stephen Six		 Attorney General of Kansas
2011–present		 Incumbent
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