Chapter 24, COURTS
201 sections in this chapter.
Neb. Rev. Stat. § 24-509 Judge; clerk magistrate; oath; filing.
0.3K chars
Each county judge and clerk magistrate before assuming the duties of office shall take the oath prescribed by law for district judges. Oaths of county judges shall be filed with the Secretary of State. Oaths of clerk magistrates shall be filed in the office of the county clerk.
Neb. Rev. Stat. § 24-511 Clerk; powers; duties.
0.5K chars
The clerk shall have the same power in the county court, unless otherwise specifically provided by law, as the clerk of the district court. The clerk shall keep and be the custodian of the records of the court. The clerk shall receive and account for all fees and money received b…
Neb. Rev. Stat. § 24-513 County judge; salary; class; expenses.
1.5K chars
On January 6, 1983, and thereafter each county judge shall receive an annual salary in an amount equal to eighty-five percent of the salary set for the Chief Justice and judges of the Supreme Court. As soon as the same may be legally paid under the Constitution of Nebraska after …
Neb. Rev. Stat. § 24-514 Salaries; expenses; operational costs; payment; property purchased by county; how treated.
1.0K chars
The State of Nebraska shall pay, with funds appropriated to the Supreme Court, all salaries, benefits, and expenses related to the education and travel of judges and employees of the county courts. The state shall also pay, with funds appropriated to the Supreme Court, the follow…
Neb. Rev. Stat. § 24-515 Courtroom and office facilities; costs; standards; property transfers from municipal courts; standards.
1.2K chars
Each county shall be responsible for all costs involved in establishing, furnishing, and maintaining appropriate courtroom and office facilities for the county court at the county seat. On July 1, 1985, the courtroom and office facilities of a municipal court shall be transferred…
Neb. Rev. Stat. § 24-516 Judge; interchange; vacancy, disqualification, absence, or temporary incapacity; Chief Justice; temporary appointment; appointment of district judge to act; when; effect.
2.2K chars
(1) The county judges may interchange and hold each other's court. Whenever requested by a county judge of another county judge district or it appears by affidavit, to the satisfaction of any county judge in the state, that the judge of any other county judge district is unable t…
Neb. Rev. Stat. § 24-517 Jurisdiction.
5.5K chars
Each county court shall have the following jurisdiction: (1) Exclusive original jurisdiction of all matters relating to decedents' estates, including the probate of wills and the construction thereof, except as provided in subsection (c) of section 30-2464 and section 30-2486; (2…
Neb. Rev. Stat. § 24-519 Clerk magistrate; duties.
1.8K chars
Clerk magistrates shall have authority to perform the following duties: (1) To conduct any proceeding which is based on a misdemeanor, traffic infraction, violation of a city or village ordinance, or traffic violation or infraction under the laws of this state, except the trial o…
Neb. Rev. Stat. § 24-520 Clerk magistrates; assignment; written orders.
0.3K chars
All assignments of matters to clerk magistrates shall be by written order signed by the presiding county judge and filed with the clerk. No order or judgment shall be void or subject to collateral attack solely because it was rendered pursuant to improper assignment to a clerk ma…
Neb. Rev. Stat. § 24-521 Nebraska County Court Judges Association; created; duties.
0.6K chars
The Nebraska County Court Judges Association is hereby created which shall consist of all the active judges of the county courts of this state and their successors in office. The association shall: (1) Meet at least once during each calendar year; (2) Select from its membership o…
Neb. Rev. Stat. § 24-593 Municipal court employees; transfer to county court; salary and benefits.
3.2K chars
(1) Any employee of a municipal court of a city of the primary or metropolitan class, except municipal judges, municipal probation officers, violations bureau staff, constables, and sheriffs, shall, on July 1, 1985, be transferred to the county court of the county where such city…
Neb. Rev. Stat. § 24-594 Exercise of jurisdiction; ratified.
0.3K chars
The exercise of any jurisdiction, prior to, on, or after July 1, 1985, authorized by law and any action taken pursuant to such exercise are hereby ratified and shall not be subject to attack for the sole reason that they were not authorized at the time.
Neb. Rev. Stat. § 24-701 Terms, defined.
13.3K chars
For purposes of the Judges Retirement Act, unless the context otherwise requires: (1)(a) Actuarial equivalence means the equality in value of the aggregate amounts expected to be received under different forms of payment. (b) For a judge hired prior to July 1, 2017, the determina…
Neb. Rev. Stat. § 24-701.01 Act, how cited.
0.1K chars
Sections 24-701 to 24-714 shall be known and may be cited as the Judges Retirement Act.
Neb. Rev. Stat. § 24-701.02 Changes to act; operative; when.
0.3K chars
Any changes made to the Judges Retirement Act affecting retirement benefits shall be so interpreted as to effectuate their general purpose to provide, in the public interest, adequate retirement benefits for judges and to permit a change in such retirement benefits as soon as the…
Neb. Rev. Stat. § 24-702 Nebraska Retirement Fund for Judges; Nebraska Judges Retirement Act Expense Fund; created; use.
0.9K chars
(1) There is hereby created in the state treasury a fund to be known as the Nebraska Retirement Fund for Judges which shall be administered by the board and to which shall be credited all money appropriated or transferred by law thereto. The fund is hereby appropriated and made a…
Neb. Rev. Stat. § 24-703 Judges; contributions; deductions; fees taxed as costs; payment; late fees; funding of retirement system; actuarial valuation; transfer of funds; adjustments.
17.6K chars
(1) Each original member shall contribute monthly four percent of his or her monthly compensation to the fund until the maximum benefit as limited in subsection (1) of section 24-710 has been earned. It shall be the duty of the Director of Administrative Services in accordance wi…
Neb. Rev. Stat. § 24-703.01 Participation in retirement system; requirements.
0.5K chars
No judge shall be authorized to participate in the retirement system provided for in the Judges Retirement Act unless the judge is a United States citizen or is lawfully present in the United States. The court and the judge shall: (1) Maintain at least one approved identification…
Neb. Rev. Stat. § 24-703.03 Elections authorized.
0.3K chars
Any future member who has not previously retired prior to July 1, 2004, may elect to make contributions as provided in subdivision (2)(b) of section 24-703 and receive benefits as described in sections 24-707.01 and 24-708. Such election shall be made by written notice delivered …
Neb. Rev. Stat. § 24-704 Administration of system; Public Employees Retirement Board, Auditor of Public Accounts, and Nebraska Investment Council; duties; employer education program.
3.2K chars
(1) The general administration of the retirement system for judges provided for in the Judges Retirement Act, except the investment of funds, is hereby vested in the board. The Auditor of Public Accounts shall make an annual audit of the retirement system and electronically file …
Neb. Rev. Stat. § 24-704.01 Board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.
2.2K chars
(1)(a) If the board determines that the retirement system has previously received contributions or distributed benefits which for any reason are not in accordance with the Judges Retirement Act, the board shall refund contributions, require additional contributions, adjust benefi…
Neb. Rev. Stat. § 24-705 Technical and administrative employees; actuary; report; expenses.
1.1K chars
The board shall have the power to secure and employ the services of such technical and administrative employees as are necessary to carry out the Judges Retirement Act. Pursuant to subdivision (2)(e) of section 84-1503, the board shall have an annual report prepared by a member o…
Neb. Rev. Stat. § 24-706 Termination of employment; return of contributions, when; rejoining system.
1.0K chars
(1) Upon termination of employment, any member whose service is terminated prior to age sixty-five for any cause other than death or disability may, upon request to the board: (a) Have returned to him or her the total amount of contributions which he or she has made to the fund, …
Neb. Rev. Stat. § 24-706.01 Termination of employment prior to eligibility to retire; rejoining system; effect.
0.7K chars
A member who terminates employment prior to becoming eligible to retire and again serves as a judge may elect to repay part or all of the amount he or she had withdrawn as a refund pursuant to section 24-706 plus the interest that would have accrued on such amount. Payment shall …
Neb. Rev. Stat. § 24-707 Death of judge; benefits spouse entitled to receive; contributions paid to beneficiary; when; direct transfer to retirement plan; death while performing qualified military service; additional death benefit.
2.7K chars
(1) In the event of the death of a judge prior to retirement, if such judge shall have had five or more years of creditable service, the surviving spouse of such judge shall at his or her option, exercised within twelve months after the date of death, be immediately entitled to r…
Neb. Rev. Stat. § 24-707.01 Surviving spouse; benefits; applicable, when.
2.0K chars
(1) This section only applies to a judge who first served as a judge on or after July 1, 2004, and to a future member who elects to make contributions and receive benefits as provided in section 24-703.03. (2) In the event of the death of a judge subsequent to retirement, his or …
Neb. Rev. Stat. § 24-708 Retirement of judge; when; deferment of payment; board; duties.
2.6K chars
(1) Except as provided in section 24-721, a judge may retire upon reaching the age of sixty-five years and upon making application to the board. Upon retiring each such judge shall receive retirement annuities as provided in section 24-710. (2) Except as provided in section 24-72…
Neb. Rev. Stat. § 24-708.01 Retired member; reemployment; how treated.
0.6K chars
For a member who retired under section 24-708 and becomes employed full-time or part-time as a judge in the state after his or her retirement date, the retired member shall continue receiving retirement benefits, shall be treated as a new judge for all purposes of the Judges Reti…
Neb. Rev. Stat. § 24-709 Judge; physically or mentally disabled; retirement; Commission on Judicial Qualifications; application; examination; benefits.
1.3K chars
Any judge, except a clerk magistrate, who has become physically or mentally disabled, which disability seriously interferes with the performance of his or her duties and which disability is determined to be permanent or reasonably likely to become permanent, may, upon being found…
Neb. Rev. Stat. § 24-709.01 Judicial retirement proceedings before Commission on Judicial Qualifications; confidential.
0.2K chars
All documents filed with and proceedings before the Commission on Judicial Qualifications pursuant to sections 24-709 and 24-712 shall be confidential.
Neb. Rev. Stat. § 24-709.02 Certain clerk magistrates; disabled; retirement; Public Employees Retirement Board; application; examination; benefits.
1.5K chars
(1) Clerk magistrates who were associate county judges and members of the fund at the time of their appointment as clerk magistrates shall have questions of disability decided by the Public Employees Retirement Board. Any such clerk magistrate may be retired as a result of disabi…
Neb. Rev. Stat. § 24-710 Judges; retirement annuity; amount; how computed; cost-of-living adjustment.
3.7K chars
(1) The retirement annuity of a judge who is an original member, who has not made the election provided for in section 24-710.01, and who retires under section 24-708 or 24-709 shall be computed as follows: Each such judge shall be entitled to receive an annuity, each monthly pay…
Neb. Rev. Stat. § 24-710.01 Judges; alternative contribution rate and retirement benefit; election; notice.
0.5K chars
Any original member, as defined in section 24-701, who has not previously retired, may elect to make contributions and receive benefits pursuant to subsection (2) of section 24-703 and subsection (2) of section 24-710, instead of those provided by subsection (1) of section 24-703…
Neb. Rev. Stat. § 24-710.02 Retirement benefits; exemption from legal process; exception.
0.4K chars
All annuities or benefits which any person shall be entitled to receive under the Judges Retirement Act shall not be subject to garnishment, attachment, levy, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever and shall not be assignable except…
Neb. Rev. Stat. § 24-710.03 Judges; purchase of service credit; application of section.
1.1K chars
Any future member who has served as a judge for eighteen years but less than twenty years prior to July 15, 1992, and who has, prior to such date, contributed and earned the maximum benefit pursuant to subsection (2) of section 24-710 may purchase up to two years of service credi…
Neb. Rev. Stat. § 24-710.04 Reemployment; military service; credit; effect; applicability.
3.2K chars
(1) Any judge who returns to service as a judge for the State of Nebraska pursuant to 38 U.S.C. 4301 et seq., shall be treated as not having incurred a break in service by reason of the judge's period of military service. Such military service shall be credited for purposes of de…
Neb. Rev. Stat. § 24-710.05 Direct rollover; terms, defined; distributee; powers; board; powers.
3.4K chars
(1) For purposes of this section and section 24-710.06: (a) Direct rollover means a payment by the retirement system to the eligible retirement plan or plans specified by the distributee; (b) Distributee means the member, the member's surviving spouse, or the member's former spou…
Neb. Rev. Stat. § 24-710.06 Retirement system; accept payments and rollovers; limitations; board; powers.
2.3K chars
(1) The retirement system may accept cash rollover contributions from a member who is making payment pursuant to section 24-706 if the contributions do not exceed the amount of payment required for the service credits purchased by the member pursuant to such section and the contr…
Neb. Rev. Stat. § 24-710.12 Retirement system; accept transfers; limitations; how treated.
0.6K chars
The retirement system may accept as payment for withdrawn amounts made pursuant to the Judges Retirement Act a direct trustee-to-trustee transfer from (1) an eligible tax-sheltered annuity plan as described in section 403(b) of the Internal Revenue Code or (2) an eligible deferre…
Neb. Rev. Stat. § 24-710.13 Judges who became members prior to July 1, 2015; annual benefit adjustment; cost-of-living adjustment calculation method.
6.3K chars
On July 1 of each year, for judges who became members prior to July 1, 2015: (1) The board shall determine the number of retired members or beneficiaries in the retirement system who became members prior to July 1, 2015, and an annual benefit adjustment shall be made by the board…
Neb. Rev. Stat. § 24-710.14 Judges who became members on or after July 1, 2015; annual benefit adjustment.
1.8K chars
(1) This section applies to judges who became members on or after July 1, 2015. (2)(a) The board shall determine the number of retired members or beneficiaries in the retirement system who became members on or after July 1, 2015, and an annual benefit adjustment shall be made by …
Neb. Rev. Stat. § 24-710.15 Judges who became members on and after July 1, 2015; cost-of-living payment.
1.8K chars
(1) Beginning July 1, 2015, for judges who become members on and after July 1, 2015, if the annual valuation made by the actuary, as approved by the board, indicates that the system is fully funded and has sufficient actuarial surplus to provide for a supplemental lump-sum cost-o…
Neb. Rev. Stat. § 24-711 Retired judge; statement of facts; contents; false or fraudulent actions; prohibited acts; penalty; denial of benefits.
1.6K chars
(1) Any judge who retires under the provisions of section 24-708 or 24-709, or his or her guardian, shall give to the board a statement of facts which shall include an accurate record of all service claimed by such judge, his or her compensation when he or she last served as a ju…
Neb. Rev. Stat. § 24-712 Annuity payments; continuation; physical examinations, when; cost.
1.7K chars
Annuity payments to a judge, who has retired under the provisions of section 24-708, shall continue until the end of the month in which such judge shall die. The last annuity payment and any other payments to which such judge shall be entitled and which have not been paid at the …
Neb. Rev. Stat. § 24-713 State Treasurer; duties; warrants.
0.6K chars
The State Treasurer shall be the custodian of the funds and securities of the retirement system and may deposit the funds and securities in any financial institution approved by the Nebraska Investment Council. The Director of Administrative Services is directed to draw warrants …
Neb. Rev. Stat. § 24-713.01 Limitation of actions.
0.2K chars
Every claim and demand under the Judges Retirement Act and against the retirement system or the board shall be forever barred unless the action is brought within two years of the time at which the claim accrued.
Neb. Rev. Stat. § 24-713.02 Retirement system contributions, property, and rights; how treated.
0.4K chars
All contributions to the retirement system, all property and rights purchased with the contributions, and all investment income attributable to the contributions, property, or rights shall be held in trust by the State of Nebraska for the exclusive benefit of members and their be…
Neb. Rev. Stat. § 24-713.03 Termination of system or contributions; effect.
0.3K chars
Upon termination or partial termination of the retirement system or upon complete discontinuance of contributions under the retirement system, the rights of all affected members to benefits accrued to the date of such termination, partial termination, or discontinuance, to the ex…
Neb. Rev. Stat. § 24-714 Retirement of judge; effect; filling of vacancy.
0.7K chars
When the Chief Justice or a judge of the Supreme Court, a judge of the Court of Appeals, a judge of the district court, or a judge of the Nebraska Workers' Compensation Court becomes retired under the Judges Retirement Act, he or she shall be relieved of further active duties on …
Neb. Rev. Stat. § 24-715 Commission on Judicial Qualifications; created; members; appointment.
0.9K chars
Pursuant to the Constitution of the State of Nebraska, there is hereby created a Commission on Judicial Qualifications consisting of: (1) Three judges, including one district court judge, one county court judge, and one judge of any other court inferior to the Supreme Court as no…