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Nebraska lawmaker seeks disbarment of former justice

LINCOLN, Neb. (AP) — A Nebraska senator says he plans to seek the disbarment of a former state Supreme Court judge who recently resigned after a judicial ethics complaint.

Sen. Ernie Chambers of Omaha submitted a letter to the high court’s chief justice on Monday regarding Max Kelch. Anyone who isn’t fit to retain a seat on the high court also isn’t fit to retain a license to practice law, Chambers said.

A judicial ethics complaint remains confidential until a commission uncovers probable cause for discipline. Kelch resigned Feb. 15 before that could happen, stating that he was doing what was best for his family. He’d been on the court for less than two years.

The public should be made aware of Kelch’s conduct during the two years he served on the court, Chambers said.

“My guiding premise is that the public has a right to be informed of the facts surrounding actions by its servants, whom their tax dollars pay,” Chambers wrote. Kelch had an annual salary of $172,000 as a judge.

Failing to disclose the details undermines faith in the judiciary’s integrity, he said.

“While routinely pronouncing judgments on others throughout society, the judiciary must be willing to turn the searchlight of scrutiny on itself,” Chambers wrote.

Kelch declined to comment to the Omaha World-Herald on the issue.

“I’m just going to deal with what’s in front of me,” Kelch said.

Chambers said he’s prepared to file a grievance with the Supreme Court’s Counsel for Discipline. The counsel could dismiss the case or recommend actions including reprimands to disbarment.

Nurses would get special protection under Nebraska bill

LINCOLN, Neb. (AP) — A bill designed to give nurses and doctors special protections from assaults with bodily fluids has advanced in the Nebraska Legislature.

Senators gave the measure first-round approval Wednesday with a 33-0 vote. Sen. Mike McDonnell of Omaha says the measure would add health care professionals to a protected class that includes police and firefighters. Attacking a public safety officer with a bodily fluid is already a stand-alone crime.

McDonnell says nurses and doctors deserve the same protection as first responders because they often work alongside them and provide a valuable community service.

Opponents say the measure classifies residents differently and opens the door to other special protections for specific groups.

The measure advanced to the second round of three votes.

Nebraska state revenue jumps $55 million in current budget

By GRANT SCHULTE ,  Associated Press
LINCOLN, Neb. (AP) — Nebraska is expected to gain an additional $55 million in tax revenue in its current two-year budget, according to new estimates approved Wednesday, but lawmakers still won’t have much money at their disposal.

Senators will now have a little less than $627,000 available for new spending in this year’s session, based on the tentative budget crafted by the Legislature’s Appropriations Committee. Committee members updated their proposed spending plan in response to Wednesday’s projections by the Nebraska Economic Forecasting Advisory Board.

Lawmakers faced a projected $173 million revenue shortfall at the beginning of this year’s session, and the current budget-balancing proposal draws heavily from Nebraska’s emergency cash reserve fund to make up the difference.

Sen. John Stinner of Gering, the Appropriations Committee chairman, said replenishing some of the money lawmakers withdrew was his top concern because state revenues could continue to struggle.

“I think we have to be careful and prudent about how we treat this,” Stinner said.

In a statement, Gov. Pete Ricketts sounded a similar note of caution and said the agencies he controls will continue to restrain their spending.

“These new numbers seem to indicate a growing economy, but we must remain cautious through the end of the fiscal year,” he said. The money that flows automatically to the cash reserve “should not be used for spending.”

The forecasting board predicted that Nebraska state government will collect $4.53 billion in the current fiscal year, a $25 million increase over its previous projections. By law, that money will automatically go into the cash reserve.

The state is also expected to receive $4.705 billion in the next fiscal year, which is $30 million higher than earlier estimates.

Complicating the issue is the prospect that federal tax changes approved by President Donald Trump and the Republican-controlled Congress could leave the state with an additional $335 million in state tax revenue.

Because Nebraska’s tax system is closely tied with the federal system, the federal law is set to trigger a series of automatic tax increases in Nebraska by eliminating the personal exemption and increasing the standard deduction. A Nebraska family of four would pay at least $536 more in state taxes each year.

Ricketts has proposed a bill that would neutralize most of those changes, although the state is still expected to see an $8 million boost in corporate income tax revenue.

Even so, the federal tax changes have created a great deal of uncertainty for Nebraska’s budget, said Renee Fry, executive director of the OpenSky Policy Institute.

“Today’s revenue forecast is welcome news considering our recent revenue struggles, but it must be taken with a grain of salt,” Fry said.

Members of the forecasting board said Nebraska’s economy appears to be faring well, and some suggested that agriculture might be recovering after several years of low commodity prices.

“There are some people who are still struggling in the ag sector, but I think overall it has stabilized,” said board member David Ochsner of Nelson.

Board member Richard McGinnis of Kearney warned that proposed cuts to the University of Nebraska could harm his local economy in central Nebraska.

Albert Leonard Holm

Albert Leonard Holm, 83, of Wallace passed away February 25, 2018 at Great Plains Health.  He was born May 11, 1934 to Leonard and Anna (Bauer) Holm of Brandon, NE.  Albert moved from Brandon to Sutherland in 1935.  He was baptized and confirmed at the Sutherland Lutheran Church.  He graduated from Sutherland High School in 1952.  He was one of the men that started the Nebraska Amateur Rodeo Association in 1953.  He became a NSRA gold member in 2004.  Albert married Connie Beveridge on September 4, 1955, To this union 3 sons were born, Bruce, Mark, and Craig.  In 1966 the family moved to Wallace where Albert started Holm’s Well Drilling. He raised cattle later in life, helped run Wallace Roping Club, rode saddle bronc and steer wrestled.  He was runner up in saddle bronc in 1955.  He also judged the Nebraska High School, college and amateur rodeos and was on the Wallace Fire Department for 32 years and was a licensed EMT.  On January 18, 2002 he married Pennie Smith.  Albert was hardworking, and a man who took care of those around him.  He loved his cattle, loved to camp, fish, go to the lake, and spend time with family.

Survivors include his wife, Pennie of Wallace; son, Bruce (Debbie) Holm of Wallace; sister, Emma (Ron Ostendorf) Hiatt of North Platte; brother, Gene (Pam) Holm of Wallace; grandchildren, Drew (Julie) Holm of Commerce City, CO, Beth (Bob) Bush of Hershey, Mindi Holm of Wallace, Rocky (Amy) Holm of Hyannis, Channing Holm of Hershey; great-grandchildren, Barrett, Bode, Josie, Jamie, Cora, and Ella; stepchildren, Dusty Smith of Prairie City, IA, Thomas Smith, David (Jessica) Smith, and Chandra (Jake) Morris all of North Platte; numerous step-grandchildren; and great-grandchildren; aunt Marg Bauer of Denver, CO; and numerous nieces, nephews, cousins, and friends.

He was preceded in death by his parents; wife, Connie; sons, Mark and Craig; sister, Bonnie Favinger; several brothers-in-law, including Virgil Hiatt; and a nephew, Robert Christensen.

Memorials may be made to the Wallace Roping Club or to the Wallace Fire Department and online condolences may be shared at www.adamsswanson.com.  Services will be 1:00 p.m. Friday, March 2, 2018 at the Wallace High School with Ron Jay officiating.  Burial will follow at the Morningview Cemetery near Wallace.  Visitation will be from 9:00 a.m. until 8:00 p.m. Thursday at Adams & Swanson Funeral Home which is in charge of arrangements.

Thomas James Neilsen

Thomas James Neilsen, age 86 of Paxton, passed away Friday February 23, 2018 at Great Plains Health.

Memorials are suggested to the Paxton Newlife Church or the Cancer Research Center of Omaha and online condolences may be shared at www.adamsswanson.com.  Funeral services will be held Thursday, March 1, 2018 at 10:30 A.M. Mountain Time at the Paxton United Methodist church with P.M.A.’s Lawrence Wendelin and Brent Block officiating.  Burial will follow at Riverview Cemetery near Sutherland with military honors.  Visitation will be from noon until 8:00 P.M. Central Time, Wednesday, February 28, with family receiving friends from 5:00 to 7:00 P.M. at Adams and Swanson Funeral Home which is in charge of arrangements

Truck driver killed in Colfax County highway accident

SCHUYLER, Neb. (AP) — Authorities say a semitrailer driver died after his big rig ran off a state highway in eastern Nebraska and crashed into a creek bank.

The accident occurred a little before 2 p.m. Monday on Nebraska Highway 15, about 6 miles north (10 kilometers) north of Schuyler.

Colfax County authorities say in a news release that the northbound truck came up on a northbound tractor pulling a feed wagon. The release says the truck was trying to pass the tractor and wagon on the left when the tractor began to turn left. The truck veered off the highway into a field and crashed into the creek bank.

The release says the truck driver was pronounced dead later at a Schuyler hospital. The driver’s name hasn’t been released. An autopsy was ordered.

University of Nebraska may close Haskell Ag Lab to save $1M

CONCORD, Neb. (AP) — The University of Nebraska may close an agriculture laboratory to save $1 million a year.

Closing the 320-acre Haskell Agricultural Laboratory outside of Concord is among $9 million in proposed budget cuts put forward by university President Hank Bounds at Gov. Pete Ricketts’ request. Ricketts asked the university system to cut its current budget by $11 million and plan to cut next year’s budget by another $23 million.

Researchers at the lab have studied crop and livestock production, crop nutrition, irrigation and water management, soil science and weed, disease and pest management.

The lab has conducted important research that’s relevant to the area, said Kent Bearnes, an independent agronomist and seed sales representative who is president of the Northeast Nebraska Experimental Farm Association, which provides support to the lab.

“We have a resource here, and we need to find out a better way to use this resource,” he said. “Everybody I’ve talked to doesn’t want to lose it. I think it’s a resource that once we lose it, it isn’t coming back. Once it’s gone, it’s gone.”

While Haskell has had a positive effect in northeast Nebraska, the lab is at the top of the proposed cut list because the university doesn’t own the land and $1.5 million is needed in maintenance and improvements, said Mike Boehm, vice chancellor of the Institute of Agriculture and Natural Resources, which oversees Haskell.

The lab also lacks a clear strategy and the university hasn’t replaced seven professors who retired from Haskell over the last decade, Boehm said.

“If it was absolutely critical, we would have been refilling positions, and that isn’t the case,” Boehm said.

The 10 faculty and staff members at the lab would be terminated or asked to relocate if the lab is closed, he said.

“I think it’ll have a detrimental effect on agriculture as a whole,” Bearnes said. “Education is a pathway to opportunity, and research is a part of that. If we lose our research opportunity, we lose that pathway.”

Bill would push noncitizens out of Nebraska redistricting

Sen. John Murante

LINCOLN, Neb. (AP) — A bill that would remove noncitizens from Nebraska’s population total when redrawing legislative districts drew criticism during a hearing, where opponents questioned if it was discriminatory.

Sen. John Murante of Gretna said Tuesday the measure enforces language in the state constitution that lawmakers have failed to follow. He says officials should abide by the constitution and notes that opponents who took issue with the requirement have made no efforts to revise or remove it.

Opponents argue that nonresident status is more complex now than in the past and everyone deserves representation regardless of voting status. Sen. Mike Hilgers of Lincoln says opponents are taking issue with the constitution, not the bill.

Murante says there is strong committee support for the bill. The committee took no action on the bill Tuesday.

Nebraska gov. hopeful Krist can appear on Democratic ballot

Bob Krist

LINCOLN, Neb. (AP) — Nebraska’s secretary of state says he will allow Democratic gubernatorial candidate Bob Krist to appear on the party’s primary ballot, despite a challenge from one of Krist’s opponents.

Secretary of State John Gale rejected arguments Tuesday from Democratic hopeful Tyler Davis. Davis says Krist didn’t follow a law that requires candidates to change party affiliation before the first Friday in December of the previous year. The Nebraska Republican Party raised the same question.

Krist had been a Republican but switched to “nonpartisan” in September. He took initial steps to create a “United Nebraska” party but never finished the process. Earlier this month, he registered as a Democrat for that party’s May 15 primary.

Gale says changing from nonpartisan to Democrat is considered a declaration of party, not switching parties.

Death penalty hearing for Anthony Garcia pushed to late May

Anthony Garcia

OMAHA, Neb. (AP) — A death penalty sentencing hearing has again been delayed for a former doctor convicted of killing four people connected to an Omaha medical school.

A three-judge panel had been set to hold the hearing in the case of Anthony Garcia next month, but a judge has granted defense attorneys’ request to push the hearing to May 30 to give them more time to prepare.

The three-judge panel will determine whether Garcia is sentenced to death or to life in prison. He was convicted in 2016 of killing the 11-year-old son and a housekeeper of Creighton University faculty member William Hunter in 2008, and killing pathology doctor Roger Brumback and his wife in 2013.

Prosecutors say Garcia blamed Hunter and Brumback for his 2001 firing from Creighton’s pathology residency program..

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