A Lancaster County District judge has thrown out a subpoena issued by a committee of the Legislature to force the state corrections director to testify in a public hearing about his department’s lethal injection protocol.
Lancaster County District Judge Lori Maret ruled against members of the Legislature’s Judiciary Committee and Executive Board in a lawsuit filed by Nebraska Attorney General Doug Peterson.
Peterson’s lawsuit argued that senators violated state law and legislative rules when they subpoenaed Nebraska Department of Correctional Services Director Scott Frakes after he refused to testify before them. Frakes says he had been advised by legal counsel not to answer questions.
Several lawmakers on the Judiciary Committee oppose capital punishment.
The attorney general’s office says the ruling is a “victory for foundational principles of rule of law and separation of powers.”