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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

4 provisions identified: 1 benefits, 0 costs, 3 mixed.

Online process to elect lawyer members

Lawyer nominations are sent through the Supreme Court’s attorney licensure portal by October 1 in even‑numbered years, with the nominee’s written consent. If too few nominees file by October 1, the Bar’s Executive Council must add candidates within 10 days after the last filing day and by November 1, and those extras need not live in the district. The Clerk mails or emails ballots to bar members in the district and sets a counting date 10 to 14 days later. A board of the Clerk, the Secretary of State, and the Attorney General counts ballots and keeps results secret.

Hearing and voting rules for nominations

The Supreme Court judge chairs each commission, runs meetings, and does not vote. Members must vote by oral roll call, and a candidate needs five votes to go to the Governor. The first public hearing happens within 60 days after a final vacancy decision, with written notice to members and public notice to invite applications. Lawyer applicants must file at least 21 days before the hearing, and the chair releases all applicant names at least 10 days before it; the public may attend and comment. If a hearing is postponed for lack of voting members, key deadlines extend by 30 days each time, but the 21‑day filing deadline stays the same. The commission sends names to the Governor within 90 days if there is one hearing, or within 120 days if there is more than one. Any lawyer commissioner who seeks the judgeship must resign before the notice is published.

How vacancies are filled on commissions

The Governor appoints successor citizen members, two alternate citizen members of different parties, and the Supreme Court judge members. By September 1 each year, the Clerk of the Supreme Court checks for vacancies and reports the status of each commission to the Governor. If a Governor‑appointed member or alternate citizen leaves, the Governor promptly appoints a replacement for the rest of the term. If a lawyer member resigns, the alternate of the same party takes the seat, or a nonpartisan alternate if needed; if none qualify, the Clerk elevates the prior top‑vote alternate who keeps party balance. The Bar’s Executive Council fills alternate‑lawyer vacancies after the Clerk specifies how many and which party labels are needed. If fewer than eight voting members will be present, the chair notifies the Governor and the Bar so the Governor can quickly appoint needed citizens and the Bar can nominate at least one lawyer per vacancy, including nonresidents if needed.

Who can serve on nominating commissions

Members must live in the district they serve, with a limited Supreme Court exception. The Supreme Court member assigned to a commission cannot be the one originally chosen from that district unless it is the Chief Justice. In most districts, district‑court commissioners also serve on the county‑court commission; districts 1, 2, 3, 4, and 10 keep separate county commissions. No one may serve on more than one commission at the same time, aside from that district‑to‑county service. No one may serve more than eight years in a row, and anyone with more than six years cannot be reelected or reappointed. People registered as independents count as the same party for these rules, and a member loses the seat if they move out of Nebraska or change party registration.

Sponsors & Cosponsors

Sponsor

  • Wendy DeBoer

    legislature

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

    5/1/2025legislature

  2. Dispensing of reading at large approved

    4/25/2025legislature

  3. Passed on Final Reading 46-0-3

    4/25/2025legislature

  4. President/Speaker signed

    4/25/2025legislature

  5. Presented to Governor on April 25, 2025

    4/25/2025legislature

  6. Placed on Final Reading with ST21

    4/22/2025legislature

  7. Enrollment and Review ST21 filed

    4/22/2025legislature

  8. Enrollment and Review ST21 recorded

    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

    5/1/2025

    PDF

  • Enrolled / Slip Law

    PDF

  • Final / Enacted

    PDF

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