A legislative watchdog committee authorized to monitor and investigate the Nebraska Department of Correctional Services has hired former committee Chairman Steve Lathrop to serve as its attorney and adviser.
The Department of Correctional Services Special Investigative Committee agreed Tuesday to bring Lathrop in as special counsel.ÌýLathrop, who chaired the investigative committee (LR424) when he was a senator, was at its meeting on Tuesday.
The Omaha attorney served on two investigative committees -- Corrections and the Beatrice State Developmental Center -- during his time in the Legislature, 2007-14.
Led by Lathrop, the special committee on prisons subpoenaed the Corrections director, a number of staff members and Gov. Dave Heineman to answer questions it was investigating.Ìý
In 2014, the committee hired attorney Sean Brennan to file subpoenas, make motions with the court to obtain documents and advise on strategy and questioning of Corrections employees testifying at its hearings.
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The committee will define the scope of Lathrop's participation. Sen. Paul Schumacher of Columbus suggested he could even be asked to be a lead-in questioner, followed by committee members, for anyone who might be subpoenaed to testify.
Before the committee decides whether to issue subpoenas, it is expected to invite Corrections Director Scott Frakes to appear before it next week, along with others in the department, plus Ombudsman Marshall Lux and Inspector General for Corrections Doug Koebernick, for an update on any progress.
The committee wants to know what the department is doing to reduce crowding, improve staff retention, make progress on unsupervised mandatory releases, reform use of segregation and decrease inmate assaults on staff over the past three years.
If the committee can't get the information it needs and wants next week, subpoenas could follow. That may be the only way, Lincoln Sen. Kate Bolz said, to get a deeper, more meaningful discussion.Ìý
Omaha Sen. Bob Krist said he hasn't seen a lot of changes in the second phase of justice reinvestment and use of a law (LB605) enacted to improve operation of the prisons and reduce crowding.Ìý
Senators have had to push compliance deadlines and tow the prison system around, he said.
"I've been very clear; the time for dashboards and strategic planning is over," Krist said. "We have to have some tactical action."
Lincoln Sen. Adam Morfeld agreed the Legislature is seeing no substantive action from the department. If ACLU-threatened lawsuits go forward, he said, and courts order inmates to be released, they will be released into Lincoln.
That makes him more impatient about taking action on staffing, programming and other improvements.