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In 2011, the Nebraska Department of Correctional Services wrote a bill that would allow well-behaved prisoners the chance to shorten their time behind bars. Eleven years later, that same department is applying the resulting law in a way neither the state senator who sponsored the bill nor the then-director of Nebraska’s prisons intended. Prison officials now shorten a prisoner’s final release date, but never change the day that prisoner becomes eligible for parole. The result: Thousands of prisoners sentenced under the law have potentially sta...
The Legislature spent four hours this past week debating LB 906, which focuses on employer vaccine mandates. As amended by Health and Human Services Committee amendments, LB 906 would apply to businesses with one or more employees but would only pertain to the COVID-19 vaccine. LB 906 clarifies that if an employer requires employees to be vaccinated against COVID-19, an exemption to the mandate is allowed for a medical reason, accompanied by a signed statement from their health care...
As the U.S. Supreme Court considers the fate of Roe v. Wade, Nebraska lawmakers will face a range of abortion bills that will either restrict or expand abortion access. Sen. Julie Slama of Sterling introduced LB781 — the Heartbeat Act — on Jan. 5, which is one of three anti-abortion related bills introduced in the Nebraska Legislature in January. Sandy Danek, executive director of Nebraska Right to Life, said she also is a part of the Nebraska Catholic Conference and Nebraska Family Alliance. The three organizations work in a coalition to lobby...
Tyler J. Napier, 33, who was sentenced Dec. 22, 2021, to concurrent 24-month and 12-month terms in prison by the Honorable Mark Johnson, was back in the Antelope County district courtroom last Wednesday, Jan. 26, accompanied by his court-appointed attorney, Martin Klein of Neligh. Notice of appeal was filed Jan. 13 by Klein and accepted by the Nebraska Court of Appeals/Nebraska Supreme Court. In appeal filings, Napier asserted the sentencing was excessive. Johnson denied Napier’s request to suspend sentence and release him on bond during the a...
The Legislature successfully concluded the special session called to enact legislation pertaining to redistricting on Thursday, Sept. 30. Based on the 2020 census data, new boundary lines were drawn for Congress, the Legislature, the Supreme Court, the Public Service Commission, the State Board of Education and the University of Nebraska Board of Regents. After a contentious start, senators agreed to compromise on redistricting maps for Congress and the Legislature. All six bills were given...
The special session of the Nebraska Legislature began Monday, Sept. 13, for the sole purpose of redistricting, along with various confirmations of gubernatorial appointments. The nine-member redistricting committee, of which I am a member, has been hard at work for several weeks prior to the session. The redistricting committee was tasked with drawing up several district maps, including, US Congress, Nebraska Legislature, State Supreme Court, Public Service Commission, University of Nebraska Boa...
The question of whether Nebraska should legalize medical marijuana will be debated by the Legislature this year. LB 474, the Medicinal Cannabis Act, was advanced this past week from the Judiciary Committee on a 5-2-1 vote. It has been prioritized by Senator Anna Wishart, the primary sponsor of LB 474. The bill, 62 pages in length, provides the regulatory framework to establish access to cannabis for medical purposes. It limits the allowable amount of cannabis, requires a patient to have a bona...
Holt County Supervisors approved a resolution declaring the county a Second Amendment sanctuary during the board’s March 16 meeting in O’Neill. The resolution cites U.S. Supreme Court cases upholding an individual’s right to possess firearms and notes Article 1, Section 1-1, of the Nebraska constitution providing “All persons have certain inalienable rights; among these are life, liberty and the pursuit of happiness, and the right to keep and bear arms for the security or defense of self, f...
Camryn Prall Nebraska News Service Marty Matlock, chairman of the Cherokee Nation Environmental Protection Commission, talked about Native American natural resource rights in a presentation as part of the Nebraska Water Center's annual Spring Seminar Series on March 3. The series is in partnership with the University of Nebraska-Lincoln’s School of Natural Resources. This year, local, national and international speakers are connecting water issues with race, justice, and the environment over Zoom every other week. Jesse Starita, the public r...
Natalie Stanley Nebraska News Service LINCOLN-- The Judiciary Committee heard another bill regarding marijuana legislation this week with LB474, the Adopt the Medicinal Cannabis Act. So far, there are 14 bills regarding marijuana that have been proposed this year. Sen. Anna Wishart of Lincoln introduced LB474 to the Committee on Wednesday. Wishart has been working on marijuana legislation for the past five years. Most recently, she and Sen. Adam Morfeld of Lincoln led an effort to gather nearly 190,000 signatures in 2020 to add medicinal...
Holt County Supervisors may declare its support of the Second Amendment of the U.S. and Nebraska constitutions during the governing body's March 16 meeting. Holt County Attorney Brent Kelly told supervisors, during the board's Feb. 26 meeting at the Holt County Courthouse, other counties have passed similar resolutions. "Basically, it's declaring this board's support for the Second Amendment ... If the state passes a law, it would preempt what you're doing. I don't have any problem with you...
After nearly 13 years of debate, impact studies, hearings and executive orders, a proposed pipeline route criss-crossing Holt and Antelope counties will not be constructed. In one of his first actions as president, Joe Biden revoked the Keystone XL pipeline permit, Jan. 20. The pipeline would have stretched from Alberta, Canada, across the U.S. border and through Montana, South Dakota, Nebraska, Kansas, Oklahoma and Texas, pushing approximately 800,000 barrels of tar sands oil a day. Per...
The 107th Legislature, first session, began Wednesday, Jan.6 under different circumstances from other years. Due to the pandemic, families of the newly-elected and re-elected senators were not allowed to sit on the floor but had to be seated in the balcony. The chief justice of the Supreme Court administered the oath to the newly-elected and re-elected senators, who remained at their seats instead of gathering up front for the swearing-in ceremony. Eight new senators took their oath, of which, t...
Holt County Board of Adjustment members unanimously upheld a previous decision, made by county supervisors, to deny a pipeline application permit, until TC Energy agrees to follow proposed conditions. The decision was announced Thursday, when the board reconvened a meeting that started Oct. 30. The meeting lasted approximately 45 minutes. In February, Holt County supervisors voted to deny the permit, until conditions laid out by the county planning commission are met, noting TC Energy must have...
A decision on an appeal regarding TC Energy's application for a pipeline construction permit in Holt County will wait a little longer. Following nearly 3 and one-half hours of testimony by 60 individuals during a public hearing Oct. 29, at O'Neill's community center, the Holt County board of adjustment recessed until Thursday, Nov. 5, at 2 p.m. In February, Holt County supervisors voted to deny the permit, until conditions laid out by the county planning commission, are met. In denying the permi...
Holt County Court judge Kale Burdick was one of two judges named 2020 Distinguished Judge award recipients recently. Nebraska Supreme Court Chief Justice Mike Heavican made the announcement Oct. 16. Burdick received the Improvement of Community Relations Award, while Fremont district court judge Geoffrey Hall was presented the Improvement of the Judicial System Award. According to a Supreme Court press release, both awards "recognize members of the judiciary for meritorious projects and...
The Nebraska Auditor of Public Accounts released results of Holt County’s annual audit late last month. The report covers July 2019 through June 2020 and includes numerous areas of concern for internal control that were listed in a letter sent to the county board of supervisors Sept. 25. The report is a matter of public record and is posted on the APA’s website. Deann Haeffner, APA assistant deputy auditor, noted in the letter that the report is “critical in nature” as it addresses areas noted for improvement and does not include observa...
Since Breonna Taylor’s death in March and George Floyd’s death in May, I have heard people from all walks proclaim racism does not exist in our country, let alone in the great state in which we live. Yet, an incident Saturday, in Lincoln, shows that belief is alive in Nebraska. It’s unfortunate because I want to believe the underlying message displayed on the back window of a pickup does not represent the majority of residents of the state I love. I realize we don’t reside in a Pollyan...
As the 2020-2021 fiscal year neared its second month, Antelope County leaders started their annual budget work with a special workshop meeting last week at the courthouse in Neligh. The budget must be submitted to the state by Sept. 20, with a public hearing required prior to its adoption. Although values won't be certified until later in the month, Assessor Kelly Meuller-Oltjenbruns has unofficially reported about a 3% decrease in valuation countywide. Commissioners reviewed department's...
A 23-year-old Oakdale man, who filed an appeal of his Antelope County conviction of two misdemeanor traffic counts with the Nebraska Supreme Court this past winter, faced the Honorable Donna Taylor again last week. The case found its way to the Nebraska Court of Appeals, where Hill’s appeal was “summarily” dismissed and returned to Taylor with a mandate to sentence. Antelope County was taxed $126 in costs for the appeal. Taylor, on Wednesday, May 20, in the Antelope County courtroom, dismissed the case against Garrett A.H. Hill, due to proce...
The Nebraska Supreme Court has denied the appeal of an Antelope County man. Darryl Lierman, 53, who was sentenced to 70 to 140 years in prison in March 2018, appealed his conviction in April 2018. He was convicted of eight counts of sexual assault of a child in January 2018. Appeal proceedings were reviewed under the direction of Chief Supreme Court Justice C.J. Heavican. Bradley Ewalt of Norfolk represented the appellant, while the appellee case was handled by Attorney General Douglas Peterson and assistant Kimberly Klein. The judgment and...
An Oakdale man has removed his case from the Antelope County court, at least temporarily. Garrett Hill, 23, was scheduled for sentencing on two misdemeanor traffic counts last Wednesday, Feb. 5. He filed documents to appeal his conviction to the Nebraska Supreme Court on Jan. 29, along with several other writs. The Honorable Donna Taylor denied his application to proceed informa pauperis with the appeal, ruling it is procedurally frivolous. She then informed Hill he had 30 days to come up with the $126 filing fee. Hill confirmed it was his...
Almost 500 new bills were introduced by members of the Legislature during the first 10 days of the legislative session. Each proposed legislation will have a public hearing before the relevant committee. The public hearing process has already started and will continue through February. I introduced five bills this year. The first three will have public hearings next week before the Natural Resources Committee and the Transportation and Telecommunications Committee. LB 769 requires that each...
The Holt County supervisors met Monday, Dec. 16, in front of a crowd of concerned citizens. Agenda items regarding a TC Energy road-haul agreement and some township road concerns drew the visitors. The supervisors heard an update on a bronze statue planned for the courthouse lawn by the “Finian Women.” They are a group headed by daughters of longtime Holt County resident, Doc Cook, who referred to himself as a Finian, according to county clerk Cathy Pavel. Natalie Cook Butterfield addressed the leaders regarding fundraising and planned placemen...