Topeka — Two senators at the center of the investigation into Kansas Supreme Court Justice Lawton Nuss may refuse to appear before a House investigative committee, their attorney said Monday.
The House panel will meet Wednesday and Thursday as part of its probe into a conversation between Nuss and Senate President Steve Morris, R-Hugoton, and Sen. Pete Brungardt, R-Salina.
Nuss spoke with the legislators over lunch March 1 about school finance, a pending matter before the court. He has apologized for the conversation and removed himself from more deliberations in the school finance lawsuit.
But the House is investigating the matter, and the judicial disciplinary board is considering charges that Nuss violated the state's judicial code of ethics.
State Rep. Mike O'Neal, R-Hutchinson, chair of the House panel, has asked Morris and Brungardt to appear before the committee to testify.
But Sen. John Vratil, R-Leawood, and an attorney representing Morris and Brungardt, said that may not happen.
Vratil said under the Kansas Constitution, no legislator is required to answer for his speech or reasons for votes.
"It's a very significant principle in both the U.S. and state constitutions," he said. But Vratil said no final decision has been made yet. House Speaker Doug Mays, R-Topeka, acknowledged "we're negotiating."
On another front, a group called Kansas Judicial Watch called for the resignations or impeachment of all members of the Kansas Supreme Court.
Richard Peckham of Andover, chairman and general counsel of the group, pointed to Nuss' written response last week to the ethics charges. In that response, Nuss said he asked Morris and Brungardt about the funding total of a proposed school finance bill.
"Justice Nuss's monitoring of this house bill was consistent with the court staff's practice of providing regular written reports to the court regarding proposed school funding bills during the 2005 legislative session," Nuss' attorney argued.
The response also noted each justice received a copy of an education cost-study that was not part of the legal record on appeal of the case.
Peckham said justices are not supposed to be gathering information on their own separate from what has been entered into the record of the case.
Vratil called Kansas Judicial Watch a "fringe group." Peckham said the group, which is supported by the Kansas Taxpayers Network, anti-abortion advocates and gun rights groups, wants to replace the so-called merit selection of judges with election of judges.
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.
anthro (james dick) says…
How much is this ridiculous Republican on Republican political charade costing the Kansas taxpayer? I don't blame Mark Parkinson for bolting to the Democrats. He is a smart man!
senegal66025 (anonymous) says…
Of course its only a "fuss" if the court justices are getting information for their consideration that isnt part of the record. Who needs to go by the record and exhibits filed in the case? Whats wrong with having friendly "lunches" betwen a court justice and selected members of the Senate? Why not bring along a spreadsheet and discuss the case? It all reminds me of the Dukes with Boss Hog running the show or as he would say "shew."
Jamesaust (anonymous) says…
Not only would there be an issue of investigating the votes of a member of the Legislature, but also: what authority does the Kansas House have to investigate any member of the Kansas Senate? There's nothing I find in the Kansas Constitution that gives the House oversight authority over the Senate or its members.