Kansas Attorney General Kris Kobach continues to offer his legal services through his private practice.
Kobach, who had long been paid a $10,000 annual retainer by Fremont, Nebraska, told city officials that he can still represent them.
"In response to your question, Kansas law does not prohibit an attorney general from maintaining a private law practice in his personal capacity," Kobach wrote in an email. "Nor are there any other constraints preventing me from assisting Fremont in the defense of the immigration ordinance."
The email was sent at 10:06 p.m. Sept. 9 from Kobach's private Gmail address to Fremont City Council member Paul Von Behren's government email address. It was obtained by The Capital-Journal, after a tip, through a public records request with Fremont following the council's Tuesday vote to accept the document into the record.
A spokesperson for the Kansas Attorney General's Office didn't immediately respond to a request for comment, including for any legal analysis, policies or guidelines on the matter — and whether staff attorneys are also permitted to maintain private law practices.
Von Behren said he hopes Kobach's statement provides clarity to the city council.
"It's been alleged several times here that Kobach is not eligible to represent the city of Fremont ... so I asked him to just give us a simple statement," he said.
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