House speaker plans Nuss inquiry

? On Friday, House Speaker Doug Mays said he would form a committee to investigate Kansas Supreme Court Justice Lawton Nuss’ communications with two legislators on the pending school finance case.

Mays, R-Topeka, said the committee would examine “whether or not the integrity of the legislative process in Kansas has been threatened.”

Mays said he would appoint the committee after the current wrap-up session to ensure that the Legislature completed its business on several major issues, including school finance. He said the panel would be bipartisan and include seven members who would have subpoena powers if they wanted them.

Last week, Nuss removed himself from further proceedings in the school funding lawsuit after he said he had discussed the case with Senate President Steve Morris, R-Hugoton, and Sen. Pete Brungardt, R-Salina.

The three had lunch March 1, but Nuss did not disclose the matter until it became apparent that the lunch would be reported.

Judges are forbidden from privately discussing pending cases with interested parties. Chief Justice Kay McFarland asked the Commission on Judicial Qualifications to investigate the matter.

The incident has sparked a political firestorm, especially criticism from lawmakers who had long complained of the court’s meddling in the Legislature’s business on school finance.

The Legislature is under order to increase school funding after the court found the school finance system unconstitutional because it shortchanges all students, especially those in low-income families.

Mays said the purpose of the investigation was not to embarrass or defame anyone, but to address the bigger implications of the matter.

“It will be an honest attempt to establish, in the light of day, the nature of the relationship and any improper interaction between the legislative and the judiciary branches of government in Kansas,” Mays said in a statement.

Sen. Jim Barnett, R-Emporia, said the committee investigation was a good idea.

“I’ve talked to people in the public, and they are very concerned about the public trust toward the courts,” Barnett said. “The only way to redeem that trust is to have a very open investigation and allow the public to learn and see what the facts really were.”

Barnett, who is seeking the GOP nomination for governor, apparently started scrutiny of the Nuss lunch after Morris had told Barnett about it. Barnett then made a statement to the attorney general’s office.

Morris said the committee investigation was not necessary because the matter would probably be reviewed by the Commission on Judicial Qualifications.

“That’s the appropriate venue,” he said.

State Rep. Paul Davis, D-Lawrence, agreed, saying the Mays committee “is just going to be a frivolous waste of taxpayer money, an effort to try to politicize the Supreme Court.”

Gov. Kathleen Sebelius said the Legislature “needs to do whatever they think is the right thing,” but she said a probe by the Commission on Judicial Qualifications was appropriate.

And while critical of Nuss, she said that some lawmakers would try to use the incident as a distraction from adequately funding schools.

“There is now some gasoline being poured on that fire,” she said.

Sebelius also denied that she or her former chief of staff Joyce Allegrucci had any conversations with Supreme Court justices about the school finance case. Joyce Allegrucci’s husband, Donald, is a member of the court.

“I know it’s a lovely conspiracy theory,” she said of the allegations made by some lawmakers. “It’s just absolutely not accurate.”