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.
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
Comments
LJWorld.com doesn’t necessarily condone the comments here, nor does it review every post. Read our full policy. Also, read about banned accounts and harassing comments.
speedykitty (anonymous) says…
Wouldn't you think there are some disappointed longtime Democrats for whom this would have been a logical stepping stone to run for the nomination for Gov. in 2010?
...faithfully carry water for the party for decades, and then watch my party's governor select the former Repub. Party Chairman?
senegal66025 (anonymous) says…
He said the separation of powers doctrine should prevent the House from investigating senators or justices.
Who does investigate the Judges. Oh yeah, other Judges. So under the doctrine of "Checks and balances" I understand who checks the executive and who checks the legislative. But tell me who checks the court? If the answer is the courts checks the court than I have a bridge I would like to sell you.