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Lincoln firm may help housing commission

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BY NANCY HICKS / Lincoln Journal Star

Friday, May 02, 2008 - 12:29:58 am CDT

The Nebraska Equal Opportunity Commission has no way to pay for outside legal advice in its dispute with Attorney General Jon Bruning. 

But a Lincoln law firm that handles civil rights cases might step in to help the state agency that investigates employment, housing and public accommodation discrimination cases.

“This issue needs to be decided.  We would be willing to file suit so a judge can order Jon Bruning to do his job,” said Kathleen Neary, an attorney with Vincent M. Powers & Associates.

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Neb. AG refuses to sue for immigrants’ fair housing rights

Neary said she and Powers would be willing to represent the NEOC in court if the agency  can’t get permission to pay for outside legal counsel. 

The NEOC board agreed April 23 to hire an outside attorney to  advise board members in their fight with Nebraska Attorney General Jon Bruning.

The NEOC and Bruning have been at odds for several years.  Several weeks ago, the two seemed near an agreement until Bruning said he would never    handle cases involving illegal immigrants.

State and federal law discrimination law don’t distinguish between legal residents and illegal  immigrants. But Bruning says he is following another federal law that says no state or local benefits can go to  illegal immigrants.

The NEOC is in jeopardy of losing about $240,000 in federal funds for housing discrimination cases unless the agency works out an agreement with Bruning. 

The attorney general also says state agencies can’t hire outside legal counsel without the approval of either him or the governor. 

Bruning has said he won’t give his consent. Gov. Dave Heineman said Thursday  he won’t  authorize outside legal advice right now because he doesn’t think one state agency ought to be suing another.  

Heineman said he is cautiously optimistic the two can reach an agreement. The governor, who helped set up earlier talks, said there are “ongoing conversation” looking for “common ground.” 

State treasurer Shane Osborn says he has to honor the attorney general’s advice. Without agreement from either Bruning or Heineman, he said, he won’t authorize payment to any outside law firm, even if the money comes from federal funds. Osborn notified the NEOC of his decision in an April 24 letter.

“I’m being advised by legal counsel (the attorney general) that we shouldn't do it (issue  warrants),” he said in a telephone interview.

Lincoln attorney Neary pointed out that federal and state laws provide protection for everyone from discrimination, not just legal residents.

But the issue goes beyond the debate on undocumented people.    Bruning also failed to file civil suits on housing cases in which immigration status was not an issue, Neary said.

What about 38 other cases forwarded to the attorney general’s office, she asked, referring to the number of housing cases the NEOC says it sent to Bruning over the past few years.

Forty percent of those cases related to alleged discrimination against people with disabilities, according to NEOC statistics.  

Eighteen percent were based on national origin and 14 percent on family status (usually involving children or marital status).

Neary said pregnant women, families with children, disabled people — “the most vulnerable” face discrimination.

“How he can sit by and not do what the law requires him to do is beyond me,” she said. 

“It is not his job to overturn the mandate of the people and the policies of the state,” she said.

The Lincoln law firm would take the case even if the state refuses to pay.  But under federal law the prevailing party is awarded  reasonable attorney fees, so  the firm would be paid if it wins, she said.

“Bruning won’t do his job.   He’s  even afraid to find out what the law is,” she said.

“This case just needs to be litigated.” 

Reach Nancy Hicks at 473-7250 or nhicks@journalstar.com.


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Pro Bono wrote on May 2, 2008 7:52 am:
" I hope Vince likes to work for free and enjoys the prospect of facing an ethics review if he does this. The law is clear that an agency can only hire outside counsel with the agreement of the Attorney General, since, under the constitution of Nebraska, the AG is THE lawyer for the state. "

 Dale Gribble wrote on May 2, 2008 7:57 am:
" Im all for it! Now how about hiring private ICE agents to deport these illegals. The dollars from their discrimination awards will go much farther back home. "

 CS wrote on May 2, 2008 8:06 am:
" Until the issue over whether or not Bruning's refusal to litigate on their behalf is decided, I would think the ethics ramifications moot. The law says
'X', Bruning says he sees it as 'Y'. That doesn't mean he's right, but the issue will need to be decided soon since his temper tantrum is holding up the entire federal process. He's a little arrogant, really, that's the ethics issue id be worried about. "

 Baffled wrote on May 2, 2008 8:15 am:
" Why won't the Governor get in and just order them to get their jobs done? No ifs ands or buts. The state has lost funding because of this feud. How about standing up and taking a stance Governor to get your people to work together. I know this could cost you a few votes if it appears that you are backing illegal immigration but this needs to be settled, and quickly. "

 Astraea wrote on May 2, 2008 8:40 am:
" How is it the AG defies state law and then orchestrates his own immunity from prosecution? Something is seriously wrong with this picture and the Governor should authorize outside counsel for the NEOC. "

 ethics..... wrote on May 2, 2008 9:13 am:
" I'm pretty sure Jon Bruning could also be facing ethics violations for not upholding the laws of the state. He should look at the rules of Professional Responsibility. "

 homey wrote on May 2, 2008 9:24 am:
" Bruning himself told them to hire outside counsel now says they can't because it has to be approved by him? What kind of sick game are we playing here Jon? This has been form the beginning been about you rbeliefs and not the law. OK don't help illegal aliens but that does not explain why you won't help tax paying citizens that are being discriminated against. Why are we taxpayers paying your salary? You obviously have no intention of doing your job for anyone. "

 jim wrote on May 2, 2008 9:55 am:
" never handle cases involving illegal immigrants.
GOOD. I have never said anything good about Bruning. GOOD GOOD GOOD. "

 YEA wrote on May 2, 2008 11:25 am:
" THANK GOODNESS. Someone is finally getting the picture! Thank you for stepping up VP to offer your help. EVERYONE needs to get on board with this issue: it's not an immigration issue, although that is exactly what Bruning wants the public to believe. It's a fair housing issue with affects every single Nebraskan in this state. "

 John wrote on May 2, 2008 12:12 pm:
" What is Jon Bruning and the Governor afraid of if all facts of this case are presented in open court? Don't courts exist to litigate diffeences of opinion? It appears that both the attorney general and the governor are pandering to the bigotry of many Nebraska citizens by framing this as an illegal immigrant issue, which it is not. "

 give me a break wrote on May 2, 2008 5:09 pm:
" Kudos to Neary and her law firm for doing the right thing. Discrimination
is truly in the eye of the beholder. I am someone who can and HAS competed successfully
on a scholarly and creative basis with the likes of students and professors at UCLA and UC-Berkeley.
Yet I move to NE and they are suddenly too purblind to recognize and reward brains and ability. They are utterly married to white supremacist attitudes.
Discrimination may sometimes be about "vulnerability" as Neary rightly mentions, but at other times it is simply about the ability of responsible parties to recognize talent. With Bruning in office that insight happens all too rarely.If Bruning is too afraid to find out what the law even is, what does that say about the stance of Nebraskans in general on civil rights issues? "

 Tammi wrote on May 3, 2008 7:53 pm:
" I find this ongoing battle with the AG's office to be completely incredulous. Do Nebraskans NOT understand how misleading Bruning is? My understanding is he has not prosecuted ANY case of housing discrimination. I fear that at some point those buying into his jive may experience some level of discrimination and NOONE will be there to address it. Except Jon Bruning. Good luck..he really doesn't care. “It is not his job to overturn the mandate of the people and the policies of the state,” sooooo true..Bruning is on a power trip and as he continues his arrogant tantrum. ...Heineman and a lot of others put their heads in the sand. Is Heineman afraid of him??? While the NEOC could pick their battles...For the good of all people and civil rights law that protect us...I hope they do not give up. "

 saddened sadie wrote on May 4, 2008 2:03 pm:
" How can the AG do what he does? Because he doesn't care about anything but Republican dogma. He, Heineman & the Governor's political appointees have tortured logic to get to conclusions that are inhumane, unethical, against statute, or regulations. But, somehow they don't get held accountable for their bizarre decisions. Just like the Bushies. Nebraskans better get informed, outraged, and motivated to hold the elected people accountable. AND, ELECT people who are capable of serving more than their own kind. That is, serve the public interests. Not the corporations, not the Chamber of Commerce, not the religious/Catholic/fundamentalist/literalists, not the born from the right womb privileged (as Warren Buffett has mentioned in the past), etc. Government is too important for our democracy to leave to the blinkered, self-serving Republicans. My apologies to the Republicans who have higher order thinking skills, are not lemmings, but outnumbered. "

 JF wrote on May 5, 2008 9:22 am:
" Clearly this is a fair housing issue. What about the 40% of the cases turned down that were based on disability? And the 14% related to the presence of children in the home? Every case that goes to Bruning has already had the investigation reviewed to ensure it is thorough and complete by the Regional HUD office. Given the number of attorneys who have reviewed those cases BEFORE Bruning's office ever sees them, how can they all be wrong! It's also important to know that Bruning is refusing to handle emplyment discrimnation cases as well, most of which are related to age. So, if you are over 40 in Nebraska and are discriminated agains by an employer, don't count on Bruning to be there for you either. "

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