Kansas lawmaker charged with DUI and gun crime in Topeka may have law license suspended
A Wichita-area lawmaker arrested in Topeka on suspicion of drunken or drugged driving has now been charged — and his law license may be suspended due to a separate matter.
Rep. Carl Maughan, R-Colwich, was charged May 8 in Shawnee County District Court with misdemeanor charges stemming from his March 4 arrest by Topeka police officers.
Meanwhile, the Kansas Supreme Court on May 13 discussed the possibility of suspending Maughan's law license in an attorney discipline proceeding stemming from an unrelated misconduct case.
Maughan's defense attorney, Tom Lemon, didn't respond to a request for comment.
In recent years, Lemon has been the local attorney hired by out-of-town legislators after DUI arrests in the capital city during legislative sessions. He previously represented former Senate Majority Leader Gene Suellentrop, R-Wichita, and former Rep. Suzi Carlson, R-Clay Center.
Maughan, who filed for reelection after his arrest, faces a primary challenger in Darren Pugh, who filed Friday to run for the Kansas Legislature. Prior to his arrest, Maughan served as vice chair of the House Judiciary Committee.
What is Carl Maughan charged with?
The criminal complaint filed May 8 by the Shawnee County District Attorney's Office charged Maughan with two misdemeanor crimes and two traffic offenses.
Possession of a firearm while under the influence.
Driving under the influence; first offense.
Failure to signal lane change.
Failure to maintain single lane.
On the gun charge, prosecutors allege Maughan illegally possessed a loaded weapon while under the influence of alcohol or drugs "to such a degree as to render such person incapable of safely operating a firearm."
Prosecutors didn't specify whether the DUI charge involves alcohol, drugs or both, or whether they will seek to prove it using a blood alcohol concentration, for which the legal threshold is 0.08.
Prosecutors opted to have Maughan issued a summons in lieu of an arrest warrant. His court date is scheduled for June 26.
The Topeka Capital-Journal has filed a request for disclosure of the affidavit of probable cause in the case.
Will the Kansas Supreme Court discipline Carl Maughan?
Maughan could have his law license suspended by the Kansas Supreme Court.
Alice Walker, the deputy disciplinary administrator, said in a hearing that the disciplinary action arose from the case State v. Blevins, in which Maughan was found to have had a conflict of interest in his representation and didn't obtain the proper waivers as required.
That resulted in the reversal of murder convictions and the case being remanded for a new trial.
Kansas Court of Appeals records show Maughan's misconduct stemmed from his representation of Bret Blevins while also being the longtime attorney of Blevins' girlfriend, Tammy Akers. Blevins and Akers were the only occupants of a vehicle that sped through a residential neighborhood and ran a stop sign, causing a deadly crash. Blevins and Akers had drunk alcohol and used methamphetamine before the crash, and both claimed the other was driving.
Akers, who along with her husband, paid Maughan $30,000 to represent Blevins, testified as a witness in the case — even though Blevins said Maughan had told him that Akers would plead the fifth to create reasonable doubt among the jurors.
A jury convicted Blevins on all charges, including two counts of second-degree murder and four counts of aggravated battery. He was sentenced to 728 months in prison — nearly 61 years.
Blevins claimed he didn't receive effective assistance of counsel during his jury trial because of the conflict of interest. The appeals court agreed and in 2021 overturned the convictions in Sedgwick County District Court.
"If Blevins was not driving the car, she (Akers) was," the judges wrote. "She had every incentive for the State to prosecute Blevins for the accident and for the jury to convict him. Tammy was the key witness and a potential suspect, whom Maughan had represented for many years and in several cases. She was also the one paying his bill."
Blevins in December entered a deal to plea guilty while maintaining his innocence on two involuntary manslaughter charges and was sentenced in April to 205 months — or about 17 years — in prison. Blevins, who is 64, was credited for the nearly eight years he had already spent incarcerated since that 2016 crash. He has also filed a legal malpractice lawsuit against Maughan.
Deputy disciplinary administrator says Maughan not complying with court
Walker told the Supreme Court the disciplinary administrator was originally going to side with Maughan's recommendation of probation, "believing that the plan that he had created was workable, substantial and detailed, would adequately protect the public and would ensure his compliance with the rules of professional conduct."
However, Walker said, Maughan hasn't complied with the rules on probation because he didn't file an affidavit ahead of the hearing and he has failed to file required monthly reports since December. Because of that, Walker had changed the recommendation from probation to a six-month suspension. But because Walker didn't show up for the mandatory court hearing, she recommended a yearlong suspension.
"At this point, he has made a conscious decision to not be present in front of the court," Walker said. "My recommendation has changed to a year suspension with that reinstatement hearing."
She also said the probation plan no longer appears workable because "Mr. Maughan has parted ways from his current employer" and did not have a plan for full-time work in an area of law he had expertise in that would not overwhelm him.
Walker said that Maughan had previously testified that he was overwhelmed by his caseload and other personal stressors that contributed to his misconduct.
Jason Alatidd is a Statehouse reporter for The Topeka Capital-Journal. He can be reached by email at jalatidd@gannett.com. Follow him on X @Jason_Alatidd.
This article originally appeared on Topeka Capital-Journal: Kansas Rep. Carl Maughan charged with DUI, gun crime in Topeka
