Jane Drummond, Director of Missouri's Department of Health and Senior Services Challenges Jay Nixon on Planned Parenthood Suit

IN MAJOR CONFLICT, NIXON WANTS ONLY PRO-PLANNED PARENTHOOD PARTIES REPRESENTING BOTH SIDES IN PLANNED PARENTHOOD CASE Jefferson City - Jane Drummond, Director of the Missouri Department of Health and Senior Services today exposed Attorney General Jay Nixon's efforts to manipulate the court to assure that both the defendant and plaintiff support Planned Parenthood in Planned Parenthood's lawsuit against the department.  Planned Parenthood filed the lawsuit against a new law that regulates abortion clinics to provide for women's health and safety. In a brief filed Friday, Nixon agrees with Planned Parenthood's assertion that the department should not be represented by the attorneys Drummond hired to defend the department.  If Nixon gets his way, Planned Parenthood, the plaintiff, would be represented by pro-Planned Parenthood attorneys, and the department, the defendant, would be represented by another Planned Parenthood supporter: Nixon himself. "Jay Nixon's attempt to manipulate the court by stacking the deck by assuring that both the defendant and plaintiff support Planned Parenthood is another example of his conflict of interest in this case," Drummond said.  "We are in the beginning stages of this case and already my attorneys have provided a more thorough brief, they were the only ones who provided an expert witness and they are working at no cost to the Missouri taxpayer.  Jay Nixon has received financial and political support from Planned Parenthood and he cannot effectively represent my department in our defense against Planned Parenthood.  Jay Nixon's attempt to manipulate the court is the definition of conflict of interest." Drummond pointed out that Nixon's attorneys moved to represent the department a day after the first hearing on the case.  Drummond asked Nixon if it is his usual practice to file an entry of appearance after a hearing at which his client's interests are addressed.  Drummond also noted that her attorneys filed a thorough and excellent defense of the department's interest in the case with a brief that cited 19 cases.  Additionally, Drummond's attorneys were the only ones who provided an expert witness.    ------------------------------------ Letter to Jay Nixon August 27, 2007     The Honorable Jay Nixon Attorney General Attorney General's Office Supreme Court Building Jefferson City, MO 65101   Dear Mr. Nixon   I was surprised to hear from my attorneys that you filed an entry of appearance on behalf of the Department of Health and Senior Services (DHSS) on Friday, August 24, 2007.  My attorneys had already filed an entry of appearance on my behalf in the morning of Wednesday, August 22, 2007.  And you had already filed the entry of appearance on your own behalf in the evening of Tuesday, August 21, 2007.  Your effort seems a little late especially as the TRO hearing took place on Thursday.  Is it your usual practice to file an entry of appearance after a hearing at which your client's interests are addressed?   Additionally, my attorneys worked with your attorneys to prepare for the Thursday hearing.  As you know, my attorneys provided a physician to serve as an expert witness.  You provided no expert witness.  My attorneys in this case are working at no cost to the state - truly pro bono service at its best.    My attorneys also worked quickly and briefed the TRO issues as instructed by the court and filed a thorough brief on Friday.  The brief cited 19 cases and was, I think, a thorough and excellent defense of the department's interests in the case.   Your attorneys filed a less thorough TRO brief on Friday.  Moreover, I did not see your brief before you filed it (and did not expect to do so) but was surprised that you filed it on behalf of DHSS.  I feel certain you realize that if you were representing me and my department that I would expect to see and approve briefs before they are filed.    Finally, I read with interest footnote 1 in your brief where you state that you agree with Planned Parenthood and their motion.  How odd.  You seek to represent me but decide that a motion by the plaintiff Planned Parenthood against my department's interests is one you can support.       The Honorable Jay Nixon Attorney General Page 2 August 27, 2007     This strikes me as just the kind of collaboration with Planned Parenthood that further indicates that you have a conflict of interest in this case.  I am saddened that you continue to fail to see how poorly your efforts to represent the department reflect on you and your office.   I am asking you to cease and desist asserting that you are the lawyer for the department in this case.   Sincerely,                                                   Jane Drummond Director     -- http://www.bransonedge.com http://www.bransonmissouri.blogspot.com