Nebraska regent’s trial starts today

? University of Nebraska Regent David Hergert’s impeachment trial is set to begin today, marking the first time in nearly a generation the Nebraska Supreme Court has held such a proceeding.

Hergert is accused of breaking campaign finance laws during his 2004 regent’s race and violating his oath of office.

The trial has generated so much interest that Nebraska Educational Television will broadcast the proceedings statewide.

Christopher Ferdico, one of Hergert’s attorneys, has argued that the articles of impeachment adopted by the Legislature should be dismissed because the case revolves around actions during the campaign – before Hergert took office. Ferdico called the impeachment a “politically motivated witch hunt.”

But the Legislature’s lawyer, David Domina, has said that if Hergert had not broken the campaign finance law, he would not have been elected, and therefore the offenses are inexorably tied to his being in office.

Ferdico said the term “in office” can’t be applied to mean when the person is running for office or after the campaign but prior to when the person takes office.

Hergert was immediately suspended from his post as regent when the Legislature voted 25-22 last month to impeach him. Five of seven Supreme Court judges must find Hergert guilty in order to remove him from office.

Hergert reached a settlement with the Accountability and Disclosure Commission last year in which he acknowledged accepting an illegal campaign loan and failing to report a late contribution and file two affidavits on time. He agreed to pay more than $33,000 in fines but not face any criminal charges.

The legislative debate on whether to impeach Hergert centered on whether an individual can be removed from office for committing offenses before being sworn in.

Key to the case is the period from Jan. 4 through Jan. 11, 2005.

A State Patrol report released earlier said Hergert might have broken the law by filing a false campaign financial statement with the Accountability and Disclosure Commission on Jan. 11 – five days after he took office.

According to the patrol report, Hergert signed the report Jan. 4. He was sworn in Jan. 6.

Sen. Chris Beutler of Lincoln said Hergert’s underestimating how much he would spend in the general election denied incumbent Don Blank matching state funds. That money could have helped Blank counter Hergert’s ad campaign against him.