LJWorld.com

Topeka — Kansas Atty. Gen. Phill Kline on Wednesday announced he has appointed Nebraska Atty. Gen. Jon Bruning to serve as a consultant to a House committee investigating a conversation between two lawmakers and Kansas Supreme Court Justice Lawton Nuss.

The selection may mark the first time an out-of-state attorney general was brought into Kansas to help a legislative committee, according to veteran politicians and longtime Capitol observers.

In picking an outsider, Kline said he wanted to focus on the school finance lawsuit currently before the Kansas Supreme Court, and he cited Bruning's "extensive experience in public malfeasance cases."

Bruning will be a special assistant to Kline's office working as a legal consultant to the committee.

The 10-member committee has been charged by House Speaker Doug Mays, R-Topeka, to investigate a five-minute conversation in March between Nuss and Senate President Steve Morris, R-Hugoton, and Sen. Pete Brungardt, R-Salina.

Nuss has recused himself from the school finance case after he revealed that over lunch he discussed the pending litigation with Morris and Brungardt.

Judges are prohibited from talking about cases outside of court with interested parties. The state Commission on Judicial Qualifications is also investigating the matter.

Mays and committee chairman Rep. Mike O'Neal, R-Hutchinson, had asked Kline to staff the committee.

O'Neal said he supported Kline's decision to bring in Bruning.

"That's his (Kline's) effort at getting someone who doesn't have anything to do with any of the players," O'Neal said.

O'Neal said Bruning will give the committee legal advice if necessary and perhaps even ask questions of witnesses who appear before the committee. Kline has also assigned an assistant attorney general to assist.

O'Neal said he understood Bruning will be reimbursed for his expenses to attend committee meetings in Topeka, but will not receive any salary.

The committee's next meeting is scheduled for June 7 and 8.

Like Kline, Bruning is a Republican.

Kline said he and Bruning have worked closely together in the Midwest Association of Attorneys General. Kline is chairman of that group and Bruning vice chairman.

A message left with Bruning's spokeswoman was not returned.

Washburn University law professor Bill Rich said he had never heard of appointing an out-of-state attorney general to assist a Kansas committee.

But, he added, "I have never heard of anything like this investigation that is taking place."

He said the separation of powers doctrine should prevent the House from investigating senators or justices.

But O'Neal said the committee wanted to get at the facts of the conversation and then issue a report - not take any disciplinary action.