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NebraskaLB388109th Legislature 1st and 2nd Sessionslegislature

Change provisions relating to judicial nominating commissions

Sponsored By: Wendy DeBoer

Signed by Governor

Judiciary Committee

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Bill Overview

Analyzed Economic Effects

5 provisions identified: 2 benefits, 2 costs, 1 mixed.

Choosing and replacing lawyer members

Nominations for lawyer members are taken through the Supreme Court attorney portal by October 1 in even-numbered years. If there are not enough nominees, the Nebraska State Bar Association’s Executive Council adds names by November 1. The Clerk of the Supreme Court sends ballots by mail or electronically and sets a counting date 10 to 30 days later. Ballots stay secret and results are protected. When a lawyer member resigns, the same‑party alternate fills the rest of the term. If none exists, an unaffiliated alternate or, if needed, the highest‑voted eligible alternate from the last election is used. The Executive Council fills alternate‑lawyer vacancies when the Clerk asks.

Faster hearings and public applicant names

The first public hearing on a judicial vacancy happens within 60 days after the vacancy is final. The chair gives written notice to members and publishes the hearing notice. At least 10 days before the hearing, the chair releases the names of all lawyer applicants to the public.

Postponed hearings and conflict rule

If a hearing is postponed because the commission lacks a full voting group, the law adds 30 days to the time limits for each postponement. The original application deadline of 21 days before the first hearing does not move. Any lawyer member or alternate who wants that judgeship must resign before the public notice is published.

Stricter rules for judicial commissioners

Commission members and alternates must live in the district they serve. The Supreme Court judge who chairs a commission may be from any district, but cannot be the Justice originally selected from that district (the Chief Justice is exempt). No one may serve on more than one nominating commission at the same time. Lawyer members and alternates must be active Nebraska bar members, live in the district, and be registered voters. No more than two lawyer members and two alternate lawyer members may be from the same political party. Service ends automatically if a member moves or changes party. No one may serve more than 12 straight years, and anyone with more than 10 years cannot be reappointed.

Quorum and voting for judge picks

A vote only happens when eight qualified members are present and able to vote. If fewer will attend, the chair alerts the Governor and the Bar Association about how many citizen and alternate‑lawyer seats are needed. The Governor promptly appoints citizen members, and the Executive Council promptly names alternate lawyers. Any temporary replacements end after names are sent to the Governor. Each candidate also must receive at least five yes votes to be submitted.

Sponsors & Cosponsors

Sponsor

  • Wendy DeBoer

    Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 85 • No: 0

legislature vote • 4/25/2025

Final Reading

Yes: 46 • No: 0 • Other: 3

legislature vote • 4/3/2025

Vote

Yes: 39 • No: 0 • Other: 10

Actions Timeline

  1. Approved by Governor on April 29, 2025

    4/29/2025legislature

  2. Presented to Governor on April 25, 2025

    4/25/2025legislature

  3. President/Speaker signed

    4/25/2025legislature

  4. Passed on Final Reading 46-0-3

    4/25/2025legislature

  5. Dispensing of reading at large approved

    4/25/2025legislature

  6. Enrollment and Review ST21 recorded

    4/22/2025legislature

  7. Enrollment and Review ST21 filed

    4/22/2025legislature

  8. Placed on Final Reading with ST21

    4/22/2025legislature

  9. Advanced to Enrollment and Review for Engrossment

    4/17/2025legislature

  10. Placed on Select File

    4/10/2025legislature

  11. Advanced to Enrollment and Review Initial

    4/3/2025legislature

  12. Speaker priority bill

    3/17/2025legislature

  13. Placed on General File

    3/11/2025legislature

  14. Notice of hearing for February 21, 2025

    2/6/2025legislature

  15. Referred to Judiciary Committee

    1/22/2025legislature

  16. Date of introduction

    1/17/2025legislature

Bill Text

  • Introduced

    1/17/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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