Nebraska Attorney General Mike Hilgers is challenging the constitutionality of a new criminal justice reform statute that passed in the Legislature this year.
A spokesperson for the Attorney General’s Office confirmed the office filed a lawsuit Monday against LB50. The challenge pertains to one section of the bill that addresses parole eligibility requirements, which would allow some inmates to become eligible for parole earlier.
LB50 covers a wide range of issues related to criminal justice reform, such as increasing Nebraska’s problem-solving courts and expanding parole options. Lawmakers debated over these issues for two years before enough senators supported the bill, which ultimately passed in a 34-15 vote.
According to the lawsuit, changing the parole eligibility of existing inmates violates the separation of powers in the Nebraska Constitution. Because the law could allow some inmates to be granted parole earlier than their initial sentence, the lawsuit argues that gives commutation power to the Board of Parole — a power solely held by the state’s Board of Pardons.
People are also reading…
The lawsuit also submitted documents showing that Nebraska Department of Correctional Services Director Rob Jeffreys initially reached out to the Attorney General’s Office in late August about interpreting LB50’s constitutionality. Upon hearing that the office found this portion of the law unconstitutional, Jeffreys said the department would not impose the new requirements retroactively on inmates sentenced before LB50 took effect Sept. 2.
LB50 was originally introduced by former state Sen. Suzanne Geist of Lincoln, who now works for the Attorney General’s Office. After Geist resigned from the Legislature to focus on the Lincoln mayoral race, the bill was adopted by Sen. Justin Wayne of Omaha and was amended several times before it eventually passed.
Passing the bill was a hard fight in the Legislature this year, with resistance coming up during every round of debate, primarily from a handful of Republican lawmakers and the County Attorneys Association. Geist’s replacement, Sen. Carolyn Bosn of Lincoln, said she was concerned that the legislation could reduce sentences for repeat offenders and substantially decrease the time inmates could spend behind bars before they are granted parole.
Wayne argued that LB50 was essential to the success of Nebraska’s criminal justice system. In the same session, lawmakers also approved $350 million to construct a new prison. Wayne said measures in the bill could help reduce recidivism rates contributing to Nebraska’s prison overcrowding problem.
Typically, when the attorney general challenges the constitutionality of state statute, it’s up to the secretary of state to defend the law. But that may not be the case here. In a statement from Secretary of State Bob Evnen, he pointed out that his office also has the ability to hire an outside attorney to argue the case, though he did not confirm whether it would do so.
“Our office will adhere to the procedure established by the Nebraska Legislature,” Evnen said. “Though we are fulfilling our statutory duty, no one should conclude that this means that I disagree with the Attorney General’s opinion.”
Top Journal Star photos for October 2023
Lincoln High School student Alexianna Lathan, 14, walks home from school on Monday. wearing a dinosaur onesie. “It’s pajama day,” she said, part of Lincoln High’s homecoming week that culminates Friday with the Links’ football game against Lincoln East at 4:30 p.m. at Seacrest Field, followed by the homecoming dance that night.
Alex Lee, 9, holds a sign on the steps of the state Capitol on Sunday during a trans-rights rally. Beside him sits his brother, 4, whose parents requested not be named. “For the past few years, we’ve been advocating for trans kids’ rights,” said Alex’s mother, Jennifer Lee. “Alex wanted to share his story because a lot of kids don’t have both of their parents supporting them,” Jennifer said. “Most people assume it’s ‘woke’ moms with green hair making their kids be trans, and that’s not what’s going on. You can either support your trans kid or you can bury them,” she said.
University of Nebraska-Lincoln students Abby Steffen (center) and Gina Gage (right) laugh as they stand together under a red and white tarp over the student fan section before the match against Michigan on Saturday, Sept. 30, 2023 at Memorial Stadium in Lincoln.
Michigan’s Kalel Mullings carries the ball against Nebraska in the fourth quarter, Saturday, Sept. 30, 2023, at Memorial Stadium.
Nebraska head coach Matt Rhule wipes his head as he watches the action against Michigan.
Nebraska’s Marcus Washington fends off Michigan’s Josh Wallace as he returns the ball in the third quarter at Memorial Stadium, on Saturday, Sept. 30, 2023.
Nebraska’s Javin Wright (right) walks off the field following the Huskers loss to Michigan at Memorial Stadium, on Saturday, Sept. 30, 2023. The Huskers lost to Michigan, 45-7.
Nebraska’s Billy Kemp (1) is brought down by Michigan’s Josaiah Stewart (5) during the game on Saturday, Sept. 30, 2023 at Memorial Stadium in Lincoln.
Michigan’s Roman Wilson (left) scores a touchdown by pinning the ball on Nebraska’s Isaac Gifford’s helmet in the first quarter Saturday at Memorial Stadium.
York native Hunter Hadenfeldt, 11, plays games on a phone in the back of a car at a tailgate lot underneath the Highway 34 bridge outside of Memorial Stadium, on Saturday, Sept. 30, 2023.
Auburn’s Nixon Ligouri (8) scores a touchdown against Lincoln Christian on Friday at Lincoln Christian.
Lincoln Southeast’s Kadin Logan is brought down on a run by Lincoln Southwest’s Landon McDaniel in the second quarter Friday at Seacrest Field.
Lincoln Southwest parent Tiffany Kafka (right) helps the runners cool down, including her daughter Mya Kafka (266) and teammate Silvy Munn during Lincoln Public Schools Championship, Friday, Sept. 29, 2023, at Pioneers Park.
Vincent “Big Red” Foster hoists the hand of his new bride, Teresa Taylor, on Friday during their wedding at SPORTS FANtastic on Havelock Avenue.
A pass intended for Lincoln East’s Noah Burhoop is broken up by Millard South’s Javonte Walker in the third quarter at Seacrest Field, on Thursday, Sept. 28, 2023, in Lincoln.
The stands that rise above Seacrest field are reflected in the helmet visor of Lincoln East’s Luke Lindquist, on Thursday, Sept. 28, 2023, in Lincoln.