Latest news with #NebraskaSupremeCourt
Yahoo
27-05-2025
- Business
- Yahoo
Nebraska judges again likely to receive pay raises, consistent since 2005
Justices of the Nebraska Supreme Court (and when they were appointed), front row from left: Lindsey Miller-Lerman (1998), Chief Justice Jeffrey Funke (appointed 2016, elevated to chief 2024) and William Cassel (2012). Back row, from left: Jonathan Papik (2018), Stephanie Stacy (2015), John Freudenberg (2018) and Jason Bergevin (2025). (Courtesy of the Nebraska Supreme Court) LINCOLN — As pay raises for Nebraska's constitutional officers and state lawmakers remain stagnant for decades, the state's 148 judges are once again likely to receive salary bumps over the next two fiscal years, as they've had for 31 of the past 36 years. Nebraska judges have routinely gotten salary bumps since 2005, with annual July 1 increases in all but 2018. Even then, to make up for it, judges got two raises in 2019: Jan. 1 and July 1. This year, Legislative Bill 513, from State Sen. Carolyn Bosn of Lincoln, as chair of the Legislature's Judiciary Committee, seeks to offer 1.5% salary raises in each of the next two fiscal years — on July 1 and again July 1, 2026. Under LB 513, which is one vote away from passing, the seven justices on the Nebraska Supreme Court would be paid $228,431.18 on July 1. This would rise to $231,857.65 on July 1, 2026. Recent history of Nebraska judicial salaries History of judicial, executive, legislative salaries The increases would cost taxpayers about $1.5 million and leave the state with about $1.1 million in wiggle room for any other budget priorities for the next two years. Remaining judges are paid a percentage of what Supreme Court justices are paid: Court of Appeals (six judges): 95%, currently $213,802.58. District Courts (58 judges): 92.5%, currently $208,176.20. Separate Juvenile Courts (12 judges, Douglas, Lancaster and Sarpy Counties): 92.5%, currently $208,176.20. Workers' Compensation Court (seven judges): 92.5%, currently $208,176.20. County Courts (58 judges): 90%, currently $202,549.82. Under state law, members of the Nebraska Tax Equalization and Review Commission also get salary and benefit increases when state judges do. While largely a consensus issue, LB 513 has drawn pushback from mostly left-leaning senators who question the increases amid the state's ongoing budget woes and ask whether the funds should be diverted to other priorities. The governor's staff, too, has noted judicial salaries are already nationally competitive. His line-item vetoes of other judicial branch spending remain unresolved. State senators last got a salary increase, from $4,800 to $12,000, in January 1989, which is baked into the Nebraska Constitution and harder to change. Constitutional officers, such as the governor, attorney general and secretary of state, last got raises in 1991, 2003 and 2007. Legislative efforts to increase lawmaker or constitutional officer pay have likely stalled for the year. Bosn, a former prosecutor, described the 'modest increase' in LB 513 as appropriate for the hardworking judiciary. She said that 1.5% raises are less than half what other state employees are getting in the next two-year state budget and about 1.2% of inflation for the Midwest for the past year. Part of the importance, Bosn said, is in encouraging applications for a diverse judicial branch, as salaries for private attorneys can eclipse those of public servants. As a result, many applicants come from local county attorneys offices or the Nebraska Attorney General's Office. 'When you have a diverse group of individuals who are the judges, they can work together, they can have those conversations and try and come to the best solutions that benefit all of us,' Bosn said during debate on LB 513 earlier this month. Tim Hruza, on behalf of the Nebraska State Bar Association, citing a State Bar Association study in 2022, told the Appropriations Committee in March that an average partner at a law firm makes about $250,000 for the experience he said one would hope to see in judicial applicants. 'We have great judges. We have quality candidates coming through,' Hruza told the Appropriations Committee. 'We want to see a more robust process where [more] people are applying for these and that we're getting great candidates.' Nebraska Supreme Court Chief Justice Jeffrey Funke, who previously served as a county and district judge, told lawmakers this year that 'very rarely' will private attorneys apply because it is more 'financially lucrative' to remain a private attorney. He said LB 513 could help attract and retain good lawyers for the Nebraska judiciary. Nebraska judges are retained every six years by a vote of the people divided in distinct judicial districts. Since the system was implemented in 1962, eight judges have been removed, including one justice. The last judge removed was in 2008. This means that, barring the very rare power of impeachment, judicial appointments can largely be for life, or until retirement. Hruza and Funke were among a handful of supporters of the original LB 513 seeking 4% raises each of the next two years before it was pared back in April to annual 1.5% increases. In 2023, lawmakers approved salary bumps of 6% on July 1, 2023, and 7% on July 1, 2024. Those raises brought Nebraska Supreme Court justices and judges on the Nebraska Court of Appeals above $200,000 in 2023, a feat that the remaining 135 judges surpassed in 2024. While the consecutive pay bumps are noteworthy on their own, LB 513 is making waves by generating some of the most pushback similar bills have gotten in more than a decade. It's common for one or two senators to oppose the raises, but six senators opposed the salary increase in 2013, in a 41-6 vote. No senators voted against the 2023 raises, passing 40-0. State Sens. Machaela Cavanaugh of Omaha, Danielle Conrad of Lincoln, Terrell McKinney of Omaha and Ashlei Spivey of Omaha are among those who argue that, given the state's structural budget concerns, judicial pay raises aren't a top priority. 'I think it sends the wrong message to use taxpayer dollars to have more significant raises for judges, who are fair-minded and work hard, but who are already making more than their peers in many instances,' Conrad, a civil rights attorney, said earlier this month. Conrad noted that Nebraska judges' salaries are in the top 20 nationwide, and district judges are in the top 10. Funke shared those figures himself when he supported LB 513. A spokesperson for Gov. Jim Pillen also noted the national rankings. Under questioning from Conrad, Bosn said she anticipates the governor would sign the pared-back version of LB 513. Pillen's office has declined to say publicly whether Pillen would sign or veto LB 513. Passing LB 513 would follow Pillen's intended line-item veto of $12 million to the judicial branch. The vetoes are being ignored after legislative leaders last week said Pillen's office may have run afoul of the Nebraska Constitution and not have properly delivered the line-item vetoed bills in time to the Legislature. The matter could come under scrutiny in Nebraska courts. 'Every branch of government must contribute to balancing our state budget,' Pillen said last week in announcing his targeted budget vetoes. Of LB 513, McKinney said he had a hard time justifying the increases while other court services, such as juvenile probation, were at risk without more funding. Spivey said some state agencies under the governor have struggled to attract talent and while some requested budget increases to try to do so, the Appropriations Committee didn't fulfill every request. Similar to McKinney, she said it would be wiser to prioritize and invest in actual court services at this time. 'It doesn't mean that the judges are not important or that we can't look at competitive salaries,' Spivey said. 'It's just not the right time.' Cavanaugh, who serves on the budget-writing Appropriations Committee with Spivey, said it was maybe the year to 'hit pause' amid the consecutive increases. 'We got to tighten our belts and suspenders or whatever article of clothing you want to quote,' Cavanaugh said during debate. State Sen. Bob Hallstrom of Syracuse, an attorney, defended the increases. He said it's sometimes overlooked how much time judges put in, often away from their courthouses, 'pouring' over court files and weighing decisions that they know will affect peoples' lives. State Sen. Rob Clements of Elmwood, chair of the Appropriations Committee, also supported the pared-back pay increases as a 'reasonable request.' As lawmakers worked toward a balanced budget for the next two years, Clements sought to leave enough wiggle room with LB 513 in mind. He also helped protect salary and health insurance increases for other state employees across the three branches of government. Clements has said he expects LB 513 will pass. Hallstrom, a freshman member of the Judiciary Committee, also cited those pay raises, up to 3.5% in some cases, as a reason LB 513 is needed. 'If it was my preference, I would prefer to treat judges in the same fashion,' Hallstrom said. The increases to judges' salaries are considered annual appropriations bills, but unlike the mainline bills that the Appropriations Committee considers, the Judiciary Committee chair routinely introduces pay increases to be considered by their committee. That's a process left in place from the days of former State Sen. Ernie Chambers of Omaha. State law requires that the governor have at least two candidates to choose from when filling a judicial vacancy. However, Funke and Bosn noted that sometimes there are only two qualified lawyers. In those cases, if one candidate is not forwarded on, the search process restarts. Such a scenario happened around the Norfolk area in March for a district court judge who retired in January. Pillen named a successor May 14 after the delay. Retired Lancaster County District Judge Rob Otte, past chair of the Nebraska State Bar Association's House of Delegates and current president of the Nebraska Lawyers Foundation, told the Judiciary Committee in February he took a pay cut when he became a judge. Otte, who retired in 2022, said he thought a robust crop of candidates would vie for his seat. However, only three applicants came and none from private practice. 'Despite my personal calls and having coffee and lunch with more than two dozen private practicing lawyers, I could get not one to put their name in the hat to be a district court judge,' Otte said. Otte said he often hears that judges' salaries should be compared to other government employees. He said that while he tends to agree, senators should 'decouple' that thinking and look at what's best for judges. 'You want the best, not the cheapest,' Otte said in February. Lancaster County Judge Holly Parsley, president of the Nebraska County Judges Association, said county judges review arrest and search warrants at any time of the day and must handle the 'awesome responsibilities' of the position they have been entrusted with. She looked to the guidance of former U.S. Supreme Court Justice Stephen Breyer that 'the integrity, wisdom and independence of judges are the cornerstones of a just society.' 'Without good judges, the rule of law is but an empty promise,' Parsley said. In a similar vein, Funke said, 'judges solve legal problems and disputes, both large and small, and do so with patience and grace.' 'Every case is important to someone, and every case is important to our judges,' he testified in February. 'There is no better investment you can make in the future of state government than investing in competitive salaries for the judiciary.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
NBC News
22-05-2025
- Politics
- NBC News
North Dakota governor vetoes the housing budget — by mistake
When North Dakota Gov. Kelly Armstrong took up an agency budget bill approved by the legislature, he vetoed a couple of line items. At least, that was his intention Monday. Instead, he accidentally vetoed $35 million for the state's housing budget. Now the state is figuring out how to deal with the unusual problem of a mistaken veto. 'I have no recollection of anything like this happening in the 37 years I've been here,' John Bjornson, legislative council director, said Thursday. 'So, yeah, I'd say it's a little extraordinary.' Armstrong wasn't the only governor to possibly flub a line-item veto this week. Late Wednesday, Nebraska Gov. Jim Pillen announced that he would be striking about $47 million in funding and cash transfers over the next two years from budget bills passed last week by the Nebraska Legislature. Those cuts included about $12 million over two years for the Nebraska Supreme Court. But on Thursday afternoon, the Speaker of the Legislature John Arch announced the body would be sending a letter to Pillen, a fellow Republican, informing him he had missed a 5-day deadline, which came at midnight Wednesday, to properly file the line-item vetoes and that the line items are now law. Pillen's office responded that it handled the veto properly and would consult with the state attorney general about next steps. In North Dakota, the governor's staff called his veto of the housing budget in Senate Bill 2014 a markup error. Armstrong's staff met with the legislative council Thursday morning to discuss options. 'This was an honest mistake, and we will fix it,' a statement from the governor's office read. Armstrong, a Republican who served three terms in Congress, was elected governor in 2024. The legislative session that adjourned earlier in the month was his first as governor. In a message accompanying the veto, Armstrong wrote he had intended to veto a $150,000 grant to fund a Native American homelessness liaison position. The budget veto would take effect July 1. What happens next is largely up to the governor, Bjornson said, but it is likely that the legislature will need to reconvene in Bismarck for a special session. The governor's office said it will call a special session if needed but hopes to 'avoid the expense.' If the legislature overrides the veto, that would include funding for the grant Armstrong had wanted to strike. If the legislature wants to only fund the $35 million housing budget, lawmakers may need to pass a new bill, which could take as long as three days, Bjornson said. The Legislature has six days available to use of its 80-day session limit, and a special session could open the opportunity to override other vetoes by the governor. The governor vetoed all or parts of four bills this session.
Yahoo
22-05-2025
- Politics
- Yahoo
North Dakota governor vetoes the housing budget -- by mistake
When North Dakota Gov. Kelly Armstrong took up an agency budget bill approved by the legislature, he vetoed a couple of line items. At least, that was his intention Monday. Instead, he accidentally vetoed $35 million for the state's housing budget. Now the state is figuring out how to deal with the unusual problem of a mistaken veto. 'I have no recollection of anything like this happening in the 37 years I've been here,' John Bjornson, legislative council director, said Thursday. 'So, yeah, I'd say it's a little extraordinary.' Armstrong wasn't the only governor to flub a line-item veto this week. Late Wednesday, Nebraska Gov. Jim Pillen announced that he would be striking about $47 million in funding and cash transfers over the next two years from budget bills passed last week by the Nebraska Legislature. Those cuts included about $12 million over two years for the Nebraska Supreme Court. But on Thursday afternoon, the Speaker of the Legislature John Arch announced the body would be sending a letter to Pillen, a fellow Republican, informing him he had missed a 5-day deadline, which came at midnight Wednesday, to properly file the line-item vetoes and that the line items are now law. Pillen's office did not immediately respond to emails seeking comment. In North Dakota, the governor's staff called his veto of the housing budget in Senate Bill 2014 a markup error. Armstrong's staff met with the legislative council Thursday morning to discuss options. "This was an honest mistake, and we will fix it,' a statement from the governor's office read. Armstrong, a Republican who served three terms in Congress, was elected governor in 2024. The legislative session that adjourned earlier in the month was his first as governor. In a message accompanying the veto, Armstrong wrote he had intended to veto a $150,000 grant to fund a Native American homelessness liaison position. The budget veto would take effect July 1. What happens next is largely up to the governor, Bjornson said, but it is likely that the legislature will need to reconvene in Bismarck for a special session. The governor's office said it will call a special session if needed but hopes to 'avoid the expense.' If the legislature overrides the veto, that would include funding for the grant Armstrong had wanted to strike. If the legislature wants to only fund the $35 million housing budget, lawmakers may need to pass a new bill, which could take as long as three days, Bjornson said. The Legislature has six days available to use of its 80-day session limit, and a special session could open the opportunity to override other vetoes by the governor. The governor vetoed all or parts of four bills this session. ——- Associated Press writer Margery A. Beck contributed to this report from Omaha, Nebraska.
Yahoo
22-05-2025
- Business
- Yahoo
Pillen announces $14.5 million in vetoes from Nebraska budget, 83% of it from Supreme Court
Nebraska Gov. Jim Pillen sits in his office in the Nebraska State Capitol. April 29, 2025. (Zach Wendling/Nebraska Examiner) Editor's note: This story has been revised to reflect that Pillen's vetoed budget bills may not have been filed in time to be accepted. LINCOLN — Gov. Jim Pillen announced late Wednesday that he intended to line-item veto $14.5 million in general fund appropriations from Nebraska's legislatively approved budget for the next two years, aiming 83% of his reductions at the Nebraska Supreme Court. However, the Legislature said the vetoed bills were not properly filed by a midnight deadline Wednesday and that all vetoes were void 'pending further determination regarding the constitutionality of the present circumstances.' In his veto letter returning Legislative Bill 261, the general spending budget bill, and LB 264, a bill allocating various state cash funds, Pillen thanked lawmakers for closing a major projected budget deficit for the next two years while making investments in education, developmental disability support and national security. He sought to veto four items he said were 'necessary to honor our commitment to fiscal restraint,' and that the small number of objections reflects 'the depth of fiscal conservatism' in the budget. 'It is critical that we continue to treat nickels like manhole covers, and I urge you to sustain four additional reductions to improve our fiscal position,' Pillen wrote. Even with the vetoes, the Legislature would still finish the budget with a positive balance of $1.1 million, because Pillen's approach would have reduced spending instead of using as much money from the 'rainy day' cash reserve fund. His approach reduced by about $14.5 million a transfer from the cash reserves. The lawmaker-approved state budget calls for transferring $147 million from cash reserves to help close a half-billion-dollar projected budget deficit. The final balance includes $1.55 million in anticipated spending to raise judges' salaries by 1.5% in each of the next two years, via LB 513. Pillen's office has said those salaries are already competitive nationally. His staff has declined to say whether he would veto the raises if passed. Three of Pillen's four line-item vetoes were to the state's general fund, Nebraska's main pocketbook that will cover a total of $11 billion in spending through June 2027: $11.99 million reduction of an increase to the Nebraska Supreme Court. $2 million cut from public health departments, zeroing out COVID-19 pandemic-era increases because the 'pandemic is over' and 'spending must be shrunk to pre-pandemic size.' $511,972 from the State Fire Marshal for salary and health insurance premium increases because he argues the agency has 'sufficient funding' already. The fourth veto sought to prevent an $18 million diversion of cash funds for Lake McConaughy recreational upgrades. Pillen said the project scope has changed over many years, and further discussion is needed about how local casino revenue could support road improvements. For the Judicial Branch, Pillen pushed to have the Legislature limit spending growth to 0.625% in fiscal year 2025-26 (a $4.16 million smaller bump) and 1.25% growth in fiscal year 2026-27 (a $7.83 million smaller bump). Pillen said those percentage increases are the same as were afforded to the University of Nebraska. Pillen said the Legislature approved bumps of 2.7% in the first fiscal year and 4.8% in the second year. He said court spending had grown by 36% over the past five years and blamed Supreme Court administrative leadership for not taking 'necessary steps' to reduce spending. In his original budget proposal, Pillen sought to keep the Supreme Court flat at $232.82 million. He proposed cutting the university's budget by 2%, down to $676.99 million in general funds. 'Every branch of government must contribute to balancing our state budget,' Pillen said. In contrast, Pillen said the budget included no growth for the Governor's Office budget, as Pillen requested, and less than 1% spending growth for the Legislature. In a last-ditch effort last week, State Sen. Rick Holdcroft of Bellevue successfully preserved $3 million of a then-$5 million proposed cut to the Supreme Court, which court officials said could jeopardize certain problem-solving courts or other court services. Holdcroft said he was disappointed in the larger cut. Problem-solving courts are intensive court programs bringing individuals and families together with one-on-one interactions with judges, prosecutors and defense attorneys, law enforcement, court officials and more, often to help Nebraskans receive intervention or avoid imprisonment. This includes Adult Drug and DUI Courts, Veterans Treatment Courts, Reentry Courts, Juvenile Drug Courts, Young Adult Courts, Mental Health Courts and Family Treatment Courts. Corey Steel, state court administrator for Nebraska, said in a memo to lawmakers Thursday, before the veto constitutionality was challenged, that the funding reduction would lead to the elimination of: A DUI Problem-Solving Court in Lancaster County. A Mental Health Problem-Solving Court in Sarpy County. A Veterans Treatment Court in Sarpy County. A Drug Court in Platte County. All transition living reimbursements for adults on probation, post-release supervision or for those leaving problem-solving courts. Non-statutory services for juveniles on probation and a reduction in the reimbursement of many vital placements. Chief Justice Jeffrey Funke, whom Pillen elevated to the top role last fall, also pleaded with the Legislature to increase the court's budget. He listed a litany of items in his first State of the Judiciary address in January, in part because while the Legislature had increased the number of services the courts provide but had not always directed new funds specifically for those services. Funke said existing dollars would soon run out, telling lawmakers that court officials 'have done what you have asked.' 'It is essential that the Judicial Branch receive adequate funding for the next biennium to sustain the progress we have made,' Funke said. Those funds would be 'exhausted' at the end of the next biennium, Steel confirmed, and impact the sustainability of services such as judicial and guardian or conservator training. Steel attributed spending increases largely to legislative action responding to more Nebraskans in the judicial system, particularly high-need, high-risk individuals who require supervision. He said employees in all branches of government also received funding for salary increases. Steel said the Judicial Branch has also returned more than $30 million in unspent funds over the last six years, while, unlike other agencies, the court can't increase fees to offset any reductions. 'I urge the Legislature to override the governor's veto and again ensure these vital services, that save state and counties dollars by reducing incarceration, increasing community safety and rebuilding the lives of individuals and families,' Steel wrote. State Sen. George Dungan of Lincoln, a defense attorney, said the 2025 session has seen a 'systematic wind back' of funding for essential services and those to make Nebraska better. He said cutting Supreme Court funding would hurt veterans, those struggling with mental health and other public safety initiatives. 'If you actually want to make Nebraska safer, you'd be funding those programs,' Dungan said. State Sen. Dave Wordekemper of Fremont, a former longtime firefighter, said he was concerned that the veto of the Fire Marshal could possibly impact training for volunteer firefighters or in maintaining current services, which go toward keeping Nebraskans safe. Pillen also used his veto letter to voice disappointment in the failure of LB 170 on Monday to provide additional property tax relief and mirror the success in 2024 of decreasing property taxes statewide, the first time in 26 years. It was an exception to two earlier years of nearly $300 million increases in property taxes that came largely because the state increased spending to take on the portion of property taxes that would have been paid to community colleges. Multiple senators said the vetoes appeared targeted at specific lawmakers, such as freshman State Sen. Paul Strommen of Sidney, who represents Ogallala and Lake McConaughy. Strommen was one of seven Republicans who opposed the latest property tax proposal. 'The Legislature's failure this session means Nebraskans will not enjoy a repeat of this success,' Pillen said. Strommen said he was surprised and a little confused at the veto of Lake McConaughy funding. He said he would continue fighting for his western Nebraska constituents and hopes to override the veto. State Sen. Rob Clements of Elmwood, the Appropriations Committee chair, had no immediate comment on the vetoes. Pillen's letter did not acknowledge that LB 170 largely mirrored the same doomed special session approach from last fall on property tax relief — a session called at Pillen's request. The Pillen proposal in that session, too, tried to raise sales taxes and shift or use the revenue to offset property taxes. Pillen is 0-3 for such proposals. He pledged to hold property taxes flat this year and has said that without 'a shadow of a doubt,' he and allies would find additional property tax relief this year. The budget the Legislature passed will direct $57 million for more property tax credits and about $11 million for homestead exemption increases. There is no similar takeover of a taxing authority like the community colleges. Sales tax, tobacco tax push doom Nebraska's 'One Big Beautiful Bill' for property tax relief Some opponents of Pillen's cuts to public health departments said they would impact new and essential services and that local communities might choose to fill the hole using property taxes. State Sen. Machaela Cavanaugh of Omaha said it was particularly damaging as measles continues to spread. Pillen said that as 'stewards of the public's resources,' lawmakers must prioritize needs over wants and be 'conservative in good times as well as during fiscally challenging times.' 'Reducing spending is hard work, but Nebraskans expect us to exercise common sense and discretion in achieving a balanced, fair and operative budget,' Pillen wrote. 'Together we can reduce government growth, invest in our kids, provide tax relief to hardworking Nebraskans and remain true to our conservative values to make sure our state is the greatest state in the union to live, work and raise a family.' The Appropriations Committee was set to meet Thursday afternoon for a first crack at which of the vetoes, if any, to try and override. Doing so would require at least 30 votes. However, upon the veto questions being raised, the meeting was promptly canceled. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
20-05-2025
- Politics
- Yahoo
Judge considering whether to dismiss Nebraska medical cannabis preemption lawsuit
Attorney Eddie Greim of Kansas City speaks in Lancaster County District Court during a hearing on a lawsuit arguing Nebraska's medical cannabis laws are preempted by federal law. He represents the plaintiff, former State Sen. John Kuehn, at right. May 20, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — A Lancaster County district judge is reviewing whether to dismiss a lawsuit alleging that Nebraska's voter-approved medical cannabis laws violate federal law after in-person arguments Tuesday. This is the second medical cannabis case to reach District Judge Susan Strong, who in late November ruled against a preelection lawsuit challenging that the ballot measures shouldn't have been placed on the ballot because of allegedly fraudulent notarizations. Strong rejected those arguments. In the latest case, Strong must first decide whether to let the federal preemption case proceed based on whether a longtime marijuana opponent, John Kuehn, has the necessary 'standing' to sue. That's the legal term of art required for cases to proceed, meaning that Kuehn, a former state senator and former member of the State Board of Health, must show injury as a result of the new medical cannabis laws legalizing and regulating the drug. The ballot measures overwhelmingly passed in November, with 71% approval for legalization and 67% approval for a regulatory law. Tuesday's arguments came on the same day state lawmakers are considering Legislative Bill 677, a separate effort to create a clearer regulatory scheme around medical cannabis to assist in the program's implementation. Many of the arguments in court Tuesday mirrored legal briefs filed earlier. Largely, they argue that Kuehn is not the right party to challenge the measures under 'taxpayer standing,' or that, as a taxpayer, he should get to challenge 'illegal' taxpayer spending. All 11 defendants named in the case from Kuehn have filed to dismiss the case. Attorney Jason Grams, for the three members of the new Nebraska Medical Cannabis Commission that voters' regulatory law established, told Strong no taxpayer funds had been spent by Jan. 10, when Kuehn amended his lawsuit to include the commissioners. 'He couldn't wait to take the time to meet the demand requirement for taxpayer standing,' Grams said. Grams represented the Nebraskans for Medical Marijuana campaign in 2020 against a lawsuit brought by Lancaster County Sheriff Terry Wagner. The Nebraska Supreme Court ruled against the campaign and removed the measure from the 2020 ballot. Attorney Daniel Gutman, who is now representing the three sponsors of the 2024 cannabis ballot measures, said the 'ship has long sailed' for election-related challenges against his clients. Gutman continues to defend the sponsors as Kuehn and the Attorney General's Office appeal the earlier notarization case, also from Kuehn, to the Nebraska Supreme Court. Gutman said the sponsors didn't agree to be 'sued in perpetuity' for any challenge from Kuehn. Of the dozens of states that have legalized medical cannabis, Gutman and Grams said no court has tossed the laws. Gutman said states are meant to be 'labs of democracy' and that the federal government and Congress do not preempt the Nebraska laws. He also noted a provision in annual federal spending bills prohibiting the U.S. Department of Justice from spending federal money to prosecute people following state medical cannabis laws. 'We would literally be here all day if I cited all the cases rejecting this recycled argument,' said Gutman. Deputy Solicitor General Zach Pohlman, defending Gov. Jim Pillen, Secretary of State Bob Evnen, Treasurer Tom Briese and two other state defendants in the case, summed up morning arguments that someone should challenge the laws, but Pohlman said it shouldn't be Kuehn. 'Just because that statute is on the books doesn't mean that Kuehn can run around the normal standing requirements,' Pohlman said. Instead, the AG's staff has said Nebraska Attorney General Mike Hilgers and his staff should be the ones to challenge the law, which they've pledged to do if and when the Medical Cannabis Commission issues any dispensary licenses under the new laws. Attorney Eddie Greim of Kansas City, representing Kuehn, said the challenge should proceed in part because public records requests indicate that staff for the Liquor Control Commission, which the regulatory law voters passed and tied closely to the Nebraska Medical Cannabis Commission, have discussed how to implement the laws and estimated possible costs. 'If we can snip this off at the bud, and we can enjoin the NMCC from doing anything,' Greim said, 'then the harms will never flow down to the other defendants.' Some of the records received include fiscal or lobbying requests related to pending legislation just down the street from the courthouse at the Nebraska State Capitol, which Greim said show regulatory steps being taken. Grams said the records are 'utterly irrelevant' to the lawsuit. Grams also filed affidavits from each of the three commissioners on the Nebraska Medical Cannabis Commission stating that the commissioners had taken no regulatory action as of Jan. 10, when the commissioners were added to the lawsuit. Greim objected to that evidence, saying he needed to be able to 'look behind the veil' and challenge the commissioners' statements. Strong said she would take the evidence challenges and the motions to dismiss from all defendants under advisement and rule at a future date. SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
