Nuss probe may take months

? A House committee could take several months to finish its investigation into a Kansas Supreme Court justice’s brief conversation about school finance with two senators.

That detail emerged Thursday when the committee held its first meeting. Chairman Mike O’Neal expects to call about 15 witnesses, starting with Senate President Steve Morris, R-Hugoton, and Sen. Pete Brungardt, R-Salina.

Morris and Brungardt say they discussed school finance issues for about five minutes during a March 1 lunch with Justice Lawton Nuss, a longtime friend of Brungardt. An education funding lawsuit is still before the court, and the state’s code of judicial conduct prohibits justices from discussing pending cases with outsiders.

The state Commission on Judicial Qualifications is considering a complaint against Nuss, and the attorney general’s office has launched its own inquiry. Nuss removed himself from the lawsuit April 20, after a reporter asked whether anyone associated with the court had discussed school finance with legislators. The commission launched its inquiry at the request of Chief Justice Kay McFarland.

The 10-member House committee is supposed to investigate whether Nuss’ conversation influenced the passage of a three-year, $541 million school finance plan.

“We’re concerned it may have affected the integrity of the legislative process,” said O’Neal, R-Hutchinson.

Some Senate Republicans and Democrats in both chambers have questioned the need for the House committee, given the judicial inquiry.

“What exactly are we investigating and looking for?” asked Rep. Jim Ward, D-Wichita, a committee member.

O’Neal acknowledged, “It may be nothing more than confirmation of what we’ve already read in the media.”

Even if the committee confirms news reports, it’s likely to continue meeting off-and-on through July. The panel’s next meeting is set for June 7-8.

O’Neal acknowledged he had originally hoped the committee would finish its work and issue a report more quickly.

“There really is no reason to prolong this,” he said. “It’s not going to be the Spanish Inquisition.”

Rep. John Faber, R-Brewster, raised the issue of closed sessions, saying members might need to review documents that normally aren’t public, such as statements given to the attorney general’s office. O’Neal said closed sessions might be a possibility.

“I don’t see this as being anything other than a public meeting, but I don’t know what will come up,” O’Neal said.

Morris and Brungardt aren’t the only senators considered potential witnesses because Morris discussed having contact with Nuss with at least seven other senators and Gov. Kathleen Sebelius, although all say Morris didn’t name Nuss.

Morris and most of the senators were interviewed in April by the attorney general’s office. House committee members agreed to ask the attorney general’s office to turn over all statements, notes or reports compiled by investigators.