Lawyers for juveniles falls short; tax wrangling continues

March 14, 2018, 6:07 a.m. ·

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Sen. Patty Pansing Brooks advocates lawyers for juveniles (Photo by Fred Knapp, NET News)

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A move to require lawyers for juveniles in courts statewide fell short in the Legislature Wednesday. And maneuvering continued behind the scenes on a tax proposal.


The juvenile lawyer bill pits advocates who say children need representation in court to avoid bad outcomes, against those who argue the system as it is now works well. Opposing Lincoln Sen. Patty Pansing Brooks’ proposal to extend the requirement statewide, Sen. Mike Groene of North Platte described the kind of scenario he wants to continue: “Your red-blooded American kid made a mistake, got MIP (minor in possession of alcohol), mom and dad decide they’re going to plead guilty and have it over with,” Groene said.

Sen. Bob Krist of Omaha, supporting the proposal, said that decision is ultimately not up to the parents. “Everyone who wants to talk about the parents being the ultimate source and all that, in a court of law when a child is charged, the only person in that courtroom who can waive his or her constitutional right is the child,” Krist said. “The parent can advise, but it is the child who has to waive their constitutional right to counsel.”

Omaha Sen. Justin Wayne described potentially serious consequences for juveniles involved in the system. “If a 16 year old steals a petty Snickers bar, (and) that same 16-year-old goes applies at their local Burger King, insurance mandates… that you will not put that child on a register. They have a theft charge. So most of those 16 year olds can’t even work at a Burger King,” Wayne said.

Groene said that shouldn’t be a problem. The point Sen. Wayne made – that story about the 15 year old kid who steals a Snickers bar? Guess what? Immediately those records are sealed,” Groene said. “That owner of that Burger King cannot call the courthouse, cannot check records to find out what kind of a record that youth has. It’s sealed.

Wayne, who is a juvenile defense attorney, said that wasn’t necessarily so. “Where Sen. Groene is incorrect, during the time your case is active, if you were to apply for a job, it would show up. Your record is not sealed until after you complete your probation,” Wayne said. “They have to find that you satisfactorily completed your probation in order (for) that record to be sealed.”

With opponents filibustering against her bill, Pansing Brooks asked for a cloture vote to end debate and vote on the bill itself. 31 senators voted for it, with only 8 opposed, but she needed a two-thirds majority or 33. So the bill is dead for this year.

Also Wednesday, negotiations continued on reshaping a tax cut bill. Sen. Jim Smith, chairman of the Revenue Committee, is proposing a series of reductions to property and corporate income taxes. Sen. Burke Harr, a member of the committee, wants a series of workforce development programs included in the bill – for example, tax breaks for employers to train employees. Harr says that differs from the usual approach. “What we find talking to employers across the state is that they have a need for workers but they can’t find qualified workers” Harr said. “Now we have a way of getting them qualified workers. And it’s investing in the employee instead of the business. Because ultimately if the employer invests in the employee, that stays with employee.

Harr said his proposals would help broaden the appeal of Smith’s bill, LB947. “A large portion of the underlying bill, 947, is aimed at ag. this can be used in your community colleges, this can be used across the state – rural, urban, suburban -- anyone can use these tax credits. I think that’s the important difference. And so I think it will help bring along more people,” Harr said.

The Revenue Committee still has to meet to discuss the proposals.