8A THE UNIVERSITY DAILY KANSAN NEWS STATE TUESDAY, APRIL 25. 2006 Five Kansas teens charged in plan to shoot up school BY ROXANA HEGEMAN THE ASSOCIATED PRESS COLUMBUS — Five teenagers were charged Monday with threatening to carry out a shooting spree at their southeast Kansas high school in an alleged plot that authorities said was foiled after details appeared online. peared blime. Prosecutors charged Charles "Coy" New, 18, Robert Hunt, 17, Caleb Byrd and James Tillman, both 16, and Andrew Jaeger, 15, each with one count of incitement to riot and one count of making a criminal threat. All five appeared in court Monday, where Judge Robert Fleming set bond at $50,000 for New, who was charged as an adult. The four juveniles were being held until a status hearing on May 3. New would be under house arrest if he were to post bond. "These are serious allegations and they scared me as I read them." Fleming said. However, Fleming said Assistant Attorney General Stephen Maxwell's request to set New's bond at $500,000 was excessive. "At this point, the state is very concerned with public safety," Maxwell told the judge. Maxwell told the judge If convicted, the teens could face seven to 23 months in jail on the charge of incitement to riot and five to 17 months in jail on the charge of making a criminal threat. Each charge also carries a fine of up to $100,000. Families of the five youths filled the courtroom during the hearing. One family passed a package of tissues around. Another woman wailed just minutes before the hearing began after the bailiff handed the family some court papers. by some court attorney General Deputy Attorney General Eric Rucker said it would be premature to say whether more charges will be filed because the investigation continues. "It is a very fluid case," Rucker said "We have not ferreted out all the facts, but we are comfortable with the charges filed today," he said. STATE Chief Justice asks for investigation BY JOHN HANNA THE ASSOCIATED PRESS TOPEKA — Supreme Court Chief Justice Kay McFarland asked Monday for an investigation into Justice Lawton Nuss' conversation with two senators related to a pending school finance lawsuit. McFarland made her request in a letter to the state Commission on Judicial Qualifications, a 14-member panel charged with investigating allegations of judicial misconduct. judicial misconduct There are no known cases in Kansas of a justice being disciplined publicly for misconduct. The court would make the final decision on what action to take against Nuss. Its options include public censure, suspension or removal. In a statement, McFarland said she sought the investigation because, "the public trust and confidence in our judiciary is vital to our system of government." Gov. Kathleen Sebelius praised McFarland for a "prompt response." response. "Personally, I'm shocked and angry with Justice Nuss' inappropriate actions in this matter," Sebelius said in a statement. "We must make sure we don't let this issue get in the way of the very important work before us; making sure every Kansas child receives a quality education to prepare them for the future." Nuss removed himself Thursday from further proceedings in the 1999 lawsuit against the state by parents and administrators in Dodge City and Salina. Because of Supreme Court orders last year, legislators still face a mandate to increase spending on public schools. Nuss' decision to step aside complicated an already difficult debate over education funding, with legislators reconvening Wednesday to draft a school finance plan and finish their business for the year. House Speaker Doug Mays, R-Topeka, has been considering appointing a special committee. The attorney general's office began an inquiry into Nuss' conversation last week, according to four senators interviewed by an investigator. Mays said McFarland's decision will cause him to delay making a decision on establishing a committee by at least another day. How much is that doggy with the mask? Armstrong waits in line before taking the stage during the 27th annual Drake Most Beautiful Bulldog Contest on Monday in Des Moines, Iowa.The dog is owned by Greg Mertz, of Lincoln, Neb. The pageant kicked off the Drake Relays festivities at Drake University, where a bulldog is the mascot. Charlie Neibergall/THE ASSOCIATED PRESS AT THE TOP OF THE HILL ---