Kansas Legislature
Senator explains lunch in memo
School finance talk lasted 5 minutes, Sen. Morris says
April 27, 2006
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Topeka — Wednesday, Senate President Steve Morris tried to extinguish the political fire that has erupted about communications he had with a state Supreme Court justice concerning the pending school finance case.
But several of his fellow Republicans accused him of misrepresenting the facts and abandoning the party.
"It can't be swept under the rug," said Sen. Karin Brownlee, R-Olathe.
The battling occurred as lawmakers reconvened for the wrap-up session, and the Senate prepared for a key vote today on a three-year $466 million increase for public schools. The measure would provide a $2.8 million increase in state funds to the Lawrence district next year.
Last week, Justice Lawton Nuss announced that he would remove himself from future proceedings in the school finance lawsuit after it was disclosed that he had discussed the case during a March 1 lunch with Morris, R-Hugoton, and Sen. Pete Brungardt, R-Salina.
Statements by judges on pending cases with interested parties outside the court are prohibited. Nuss said nothing substantial had been discussed, but Chief Justice Kay McFarland has requested an investigation into the incident.
On Wednesday, facing the Senate Republican caucus for the first time since the Nuss incident was reported, Morris handed out a seven-paragraph memo on what he said happened during the lunch at a Carlos O'Kelly's restaurant in Topeka.
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The conversation regarding school finance lasted five minutes, he said.
Nuss had asked how an announced House plan compared with previous cost studies, and said that reports that legislative leaders would seek a bipartisan plan "sounded good," Morris said. "It is unfortunate some are attempting to blow this situation out of proportion," the memo said.
"I certainly don't want this to become more of a distraction than it already is," Morris said after the caucus had read the memo.
He asked his colleagues to focus on court orders to increase school funding and continue work on legislative measures to cut taxes.
But Sen. Susan Wagle, R-Wichita, said Morris' description of the conversation with Nuss was "very different" from what Morris had earlier related.
"That's the way it happened," Morris replied. Wagle declined to elaborate to reporters.
Justice Lawton Nuss
More about Justice Lawton Nuss
- Documents
- Nuss gets off with warning over school finance talk
- Nuss talks turn political
- Communication between governor's office and Kansas judicial branch (.pdf)
- Code of judicial conduct (.pdf)
- Rules relating to judicial conduct(.pdf)
- Justice Nuss' response to the allegations (.pdf)
- KSGovernor.org: Sebelius responds to wide-ranging open records requests
- Justice Lawton Nuss biography, from Kansas Supreme Court web site
- KSCourts.org: Recusal Statement
- School Finance Proposed Expenditures Comparison (.pdf)
- Video
- 6News video: Nuss controversy ends with questionable punishment
- 6News video: Nuss meeting descends to bickering
- 6News video: Committee begins interviews in Nuss affair (06-08-06)
- 6News video: Committee begins investigation into Nuss affair (05-25-06)
- 6News video: Kansas lawmakers determine school finance plan (05-02-06)
- Stories
- House panel votes to expand Nuss probe (06-09-06)
- Senator from Lawrence declines to testify for now (06-09-06)
- Senator denies court contact before Nuss lunch (06-08-06)
- Nuss says he regrets meeting (06-02-06)
- Supreme Court justices at a glance (08-20-04)
- More about the 'Nuss Fuss'
- More about the school finance case
Sen. Ralph Ostmeyer, R-Grinnell, chided Morris for refusing to vote for a school finance plan proposed by Sen. Jim Barnett, R-Emporia, who is running for governor against incumbent Kathleen Sebelius, a Democrat.
"It concerns me when we're here to make the governor look better than our own party. Our job ought to be to protect ourselves," Ostmeyer said.
Sen. Pat Apple, R-Louisburg, voiced support for Morris, saying if he had made a mistake in his conversation with Nuss, "his heart was in the right place."
Apple said Republicans should let the Commission on Judicial Qualifications conduct its probe of the Nuss incident, and the Legislature should continue with its business.
"I don't think it does any good to keep churning this up," he said.
Brownlee said there should be a public legislative investigation, and it should start during the wrap-up session because the Commission on Judicial Qualifications conducts much of its business in secret and is appointed by the Supreme Court.
But Sen. Roger Pine, R-Lawrence, said he wanted lawmakers to work on the major issues before them, such as school finance.
"The rest of us need to focus on what is left that needs to be done," he said.
School Finance
More about school finance
- Webcast of live arguments before the Kansas Supreme Court (requires Windows Media Player)
- Brief of the Montoy suit (.pdf)
- Timeline of events in school finance lawsuit
- 6News video: School finance bill to face court
- Plaintiffs: School finance bill fails grade (06-13-06)
- State wants high court to dismiss school suit (06-02-06)
- Legislature approves school finance plan (05-10-06)
- Chat with Bob Corkins, Kansas Education Commissioner (02-02-06)
- House roll call on $148.4 million school finance plan (07-07-05)
- Supt. Weseman's contingency plan (07-06-05)
- More about school finance »
Related documents
- Conference Committee on Senate Bill 549
- House bill info
- Senate bill info
- Kansas public schools cost study
- Kansas public schools cost study executive summary
- Public Education Finances 2004 (.pdf)
- Senate roll call on $148.4 million school finance plan
- Supreme Court's Show Cause Order (07-02-05)
- Supreme Court's Order Denying Extension (.pdf)
- Senate Concurrent Resolution No. 1603 (.pdf)
- Supplemental Note on Resolution No. 1603 (.pdf)
More like this
- Sebelius swept into judicial controversy 13 comments / May 2, 2006
- Lawmakers return amid judge turmoil April 26, 2006
- Nuss says he regrets meeting 2 comments / June 2, 2006
- Nuss 'sincerely regrets' school finance discussion with senators 4 comments / June 1, 2006
- Nuss fuss 1 comment / April 28, 2006
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27 April 2006
at 6:54 a.m.
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DonnieDarko (Anonymous) says…
“It concerns me when we're here to make the governor look better than our own party. Our job ought to be to protect ourselves,” Ostmeyer said.
Nah, Ralphie…your job (at least the last time I checked) was to represent the people who elected you. Saving your own ass isn't in the job description.
27 April 2006
at 7:17 a.m.
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WilburM (Anonymous) says…
Rothenberg cites Brownlee and Wagle here, but should probably note that they are 2 of the most conservative and contentious members of the Senate GOP caucus, to say nothing of Wagle's status as Lt Gov candidate with Barnett on his ticket.
27 April 2006
at 7:38 a.m.
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bankboy119 (Anonymous) says…
So true Donnie but politics has come to that. They don't care about the people, they care about saving their own asses.
27 April 2006
at 7:54 a.m.
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BOE (Anonymous) says…
“Our job ought to be to protect ourselves,” Ostmeyer said.
===
LOL, that's precious.
Zipped lips would definitely provide Ralph far more protection.
27 April 2006
at 9:06 a.m.
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hawkbygod (Anonymous) says…
I'm going to stick up for Senator Ostmeyer on this one. He represents the western part of the State, and I have seen the passion he has for his constituents. I saw his speak last year during a school finance debate on the Senate floor and you could feel the passion and emotion he had for the small towns and schools in his district.
27 April 2006
at 9:06 a.m.
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johngalt (Anonymous) says…
So you yahoos think Ostmeyer's comments are worse than Morris' comments and his silly actions?
27 April 2006
at 9:55 a.m.
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Jamesaust (Anonymous) says…
Donnie Darko selects the correct words from this article:
“It concerns [GOP Senator Ostmeyer] when [the GOP Senate caucus is ] here to make the governor look better than [the Republican Party]. Our job ought to be to protect ourselves.”
There it is readers - partisanship first, the peoples' interests last.
Ever wonder why so little gets done in Topeka?
27 April 2006
at 10:01 a.m.
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KungFuLogic (Anonymous) says…
This all stinks of impropriety and scandal. Any explanation appears disingenuous since it was extracted about as willingly as a root canal.
27 April 2006
at 11:42 a.m.
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Agnostick (Anonymous) says…
Tragic as this is, the bigger tragedy is the failed leadership in our legislature, particularly Doug Mays. The Kansas Legislature approved funding for a study on school finance in March, 2001:
http://cjonline.com/stories/030901/le…
Results of the study, conducted by Augenblick and Meyers, are published in late May, 2002:
http://cjonline.com/stories/053002/br…
The study is largely ignored, even to this day.
Agnostick
agnostick@excite.com
27 April 2006
at 2:25 p.m.
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staff04 (Anonymous) says…
Wow. The thought that this body would ignore facts when the facts don't fit into their view of the world…mind boggling.
29 April 2006
at 1:36 a.m.
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merrill (Anonymous) says…
The investigation is a bit stinky.