Two candidates vying for Co. Attorney nomination

    Two candidates are seeking the Republican nomination for Chase County Attorney in the May 10 Primary.
    Candidates are incumbent Arlan Wine and Joel Burke.
    Just one will advance on to November’s election. There are no Democratic candidates.
    County officials are partisan positions, meaning candidates must register with a specific political party. Parties can advance just one candidate to the General Election in November.
    Questions posed by the news department were given to each candidate.

    1) Why are you the right person for the job of Chase County Attorney?
Wine: I have long experience practicing law in southwest Nebraska, including three years as deputy county attorney in Red Willow and Chase Counties, and going on 20 years as county attorney for Chase County. I am the incumbent county attorney at this time.
During my time in this office I have made great improvements in our administration and collection of child support. Chase County ranks high among Nebraska counties in its child support administration effectiveness, and my office brings in thousands of dollars to Chase County each year from the federal and state governments from our child support work.
My office also has developed an excellent juvenile diversion program, including a special program focusing on school truancy. Several years ago, Red Willow County withdrew as lead county for a six-county area in southwest Nebraska, in regard to a state grant program for juvenile diversion. The grants from this program would have been lost, but for the willingness of my office to step up and assume the lead in running the grant program. Instead, the grant program for juvenile diversion has grown bigger, and three additional counties have joined. This program, both the delinquency and truancy divisions, which has been greatly renewed and enhanced in the last three years, has required a tremendous amount of work, and the development of much new expertise on the part of my staff.
All the foregoing achievements have been made while maintaining high competence in criminal prosecutions, bad check collections, tax valuation appeals and advising the county commissioners and other county officers. As part of this, I am very proud of having obtained extremely qualified and competent assistants.
Burke: My diverse background and wide variety of experience makes me better suited to serve as Chase County Attorney. The county attorney serves as the attorney for the county. The most obvious duty of this position is to prosecute criminal offenders on behalf of the county and state. However, the county attorney is also charged with the duty of giving advice and opinions, as well as representing the commissioners and other county office holders in matters in which the county or state have an interest or relating to the duty of the commissioners or officeholders. The duties of the county attorney involve criminal prosecution, as well as representing the county and office holders in civil matters.
In over 35 years of practicing law, I have represented a number of clients in a variety of situations under assorted circumstances. It is my diverse background and wide range of experiences which better qualifies me to serve as Chase County Attorney. I have represented criminal defendants in many courts throughout the state, in front of various judges, against numerous attorneys and involving a score of criminal charges. I have served as legal counsel for a political subdivision of the State of Nebraska for over 25 years. While serving in such capacity, I have gained experience in rule making, public hearings, open meetings laws, tax assessment, easements and a variety of other topics. I have represented individuals and businesses of all kinds in numerous situations including in court, before state regulatory agencies and other settings.         2) Several years ago, the county added a Deputy County Attorney position. Why is this position needed in Chase County, or is it, and why?
Burke: I certainly believe the position of a deputy county attorney is needed in Chase County. First, according to the statistics compiled by the Nebraska Judicial Branch, the new cases filed in the Chase County Court and Chase County District Court in 2021 was 810 new cases after adjusting for civil and domestic relationship cases. The caseload justifies, if not necessitates, the services of a deputy county attorney. Second, based on my experience, it’s apparent that the crimes which are being committed are becoming more serious. Typically, the more serious the charge, the more time is required to prosecute the matter. Finally, the services of a deputy county attorney make scheduling easier. An individual county attorney can only be at one place at one  time. It can be difficult to schedule hearings, meetings or other events around the schedule of only one person. These scheduling conflicts are greatly reduced by the employment of a deputy county attorney.
Even though the employment of a deputy county attorney is necessary, it is imperative for the county attorney to keep apprised of all of the activities covered by the deputy county attorney. The county attorney is ultimately responsible for the conduct and actions taken by the office of county attorney. The deputy county attorney speaks and acts for the county attorney, so it is critical that any deputy county attorney act consistently with the direction set by the county attorney.
Wine: The deputy position was added in 2015, when my wife was diagnosed with cancer, and it appeared that I might sporadically be unable to perform urgent tasks on time, and for an extended period of time. As it turned out, I did not miss a lot of work, but it appeared that the increased workload of the county attorney office since I first assumed the office in 2003 made the addition of the deputy position a reasonable move. The type of work in this office has increased in its complexity and the amount of the workload, so it would likely require a full-time county attorney, at significantly increased expense, or a deputy combined with a part-time county attorney.
Perkins County is the county most similar to Chase in workload and type of work, and has long had a part-time county attorney and deputy county attorney, in fact, long before Chase County hired a deputy. By hiring a deputy, the county attorney is allowed a small private practice, which allows him to increase his income outside taxpayer expense, and also provides the advantage of two attorneys being able to consult with each other, and coordinate on research, trials, meetings, and seminars. Two heads are indeed better than one!
Also, there are instances where the county attorney is not legally disqualified from prosecuting a case, but there are connections or factors that make it advantageous to have the deputy take it over. Finally, there is the advantage of being able to take advantage of the different strengths and desires of two attorneys. Several years ago, the matter of hiring a full-time county attorney was brought up to the commissioners, and rejected. In summary, it is better to hire a deputy than pay the county attorney a full-time salary.
    3) With the current national movement in some areas for reductions in bail and/or time served, where do you stand on prosecution of drug-related offenses, especially marijuana?
Wine: I have not changed my position regarding bail or amount of time served for drug offenses, except that it seems clear that society is moving away from punishing marijuana possession offenses. Bail is typically set based on the seriousness of the offense, and the likelihood or non-likelihood that the defendant may flee.
My position on marijuana is simply that my office will enforce the law, and so we just react to what the legislature does. It is generally up to the judge what sentence to order, but the punishment for mere possession of marijuana is set by statute as a fine.
My office only makes a special effort to suppress the more harmful drugs, such as methamphetamine, which is an absolute curse in our community. I worked closely with the Chase County Sheriff’s Office in the last year in a tough investigation which led to two arrests for distribution of methamphetamine, one of which was in a large quantity.
Burke: The criminalization of certain activities and the punishment for the violations of those criminal offenses are policy decisions. Policy decisions should be left to legislative bodies. Part of the problem we are seeing on a national level are situations where prosecutors are implementing their own personal policies in deciding which crimes will be enforced, setting the amount of bail and determining the level and nature of punishment imposed. I don’t believe it is the function of a county attorney to set policy, but it is the duty of the county attorney to enforce the laws set by the legislature.
    4) How do you plan to work with all area law enforcement entities, and through your own efforts in your office, in keeping our communities safe?
Burke: I acknowledge there have been disputes between the city and county in the past. Some of those disputes have involved law enforcement. When a dispute over a $436 hospital bill results in litigation which reaches the Nebraska Supreme Court, the dispute is out of control. One of the primary functions of both the city and county is to protect the citizens of their jurisdictions. I have dealt with the majority of the law enforcement officers in our area and have the utmost respect for the service they provide and hope the respect is mutual. I plan on providing an open door policy and being available to law enforcement officers and citizens alike to discuss situations as they arise. I would hope to provide a voice of understanding and reason in order to address situations before they get out of control, but keeping the common goal of citizen protection in mind.
Wine: The foundation of working with law enforcement agencies to keep our communities safe is keeping maximally good relations with the officers and agencies, and a good flow of communications. I plan to communicate points of law, and developments in the appeals courts to our law enforcement officers, and “debrief” with them regarding case investigations in Chase County, and the way our cases go in trial. I also try to communicate with law enforcement prior to making plea offers, so that they have input and feel that their knowledge, expertise and work is respected by me. These actions and policies help to ensure that the criminal justice system properly respects the rights of all citizens, while effectively investigating and prosecuting crime, and developing respect for the law among all our citizens.