Chapter 24, COURTS
201 sections in this chapter.
Neb. Rev. Stat. § 24-716 Commission; members; term; vacancy.
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The term of office of each member of the Commission on Judicial Qualifications, except the Chief Justice of the Supreme Court, shall be four years. The term of the Chief Justice shall be permanent. In the event of a vacancy, the vacancy shall be filled by appointment in the same …
Neb. Rev. Stat. § 24-717 Commission; organization; officers.
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The Commission on Judicial Qualifications shall annually select a vice-chairperson from its own members and a secretary who may or may not be a member of the commission and who shall keep minutes of all meetings of the commission. Such vice-chairperson and secretary shall each se…
Neb. Rev. Stat. § 24-718 Commission; compensation; expenses.
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Members of the Commission on Judicial Qualifications shall serve without compensation but they shall be reimbursed for all reasonable expenses incurred by them in connection with their duties as members of the commission as provided in sections 81-1174 to 81-1177 for state employ…
Neb. Rev. Stat. § 24-719 Commission; meetings; quorum; annual report.
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(1) Meetings of the Commission on Judicial Qualifications shall be held at least annually at Lincoln, Nebraska, or at such other place or places within the State of Nebraska and at such time as the commission may determine. A majority of the members of the commission shall consti…
Neb. Rev. Stat. § 24-720 Commission; complaints and requests; form.
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Complaints and requests to the Commission on Judicial Qualifications shall be in writing directed to the commission or to any member of the commission. No specified form of complaint or request shall be required.
Neb. Rev. Stat. § 24-721 Commission; complaint or request filed by citizen; investigation; proceedings; rights of judge or justice; special master; commission; recommendations; rules.
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Any citizen of the State of Nebraska shall have the right at all times to complain to the Commission on Judicial Qualifications with reference to the acts, activities, or qualifications of any Justice or judge of the Supreme Court or judge of any of the courts of the State of Neb…
Neb. Rev. Stat. § 24-722 Justice or judge; discipline or removal; grounds.
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A Justice or judge of the Supreme Court or judge of any court of this state may be reprimanded, disciplined, censured, suspended without pay for a definite period of time not to exceed six months, or removed from office for (1) willful misconduct in office, (2) willful disregard …
Neb. Rev. Stat. § 24-723 Supreme Court; record of proceedings; review; order; retirement, removal, or suspension; effect.
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The Supreme Court shall review the record of the proceedings and in its discretion may permit the introduction of additional evidence. The Supreme Court shall make such determination as it finds just and proper, and may order the reprimand, discipline, censure, suspension without…
Neb. Rev. Stat. § 24-723.01 Justice or judge; disqualification without loss of salary; Supreme Court order; when.
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Upon order of the Supreme Court, a Justice or judge of the Supreme Court or other judge shall be disqualified from acting as a Justice or judge of the Supreme Court or other judge, without loss of salary, while there is pending (1) an indictment or information charging him or her…
Neb. Rev. Stat. § 24-723.02 Justice or judge; removal or suspension by Supreme Court; grounds.
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In addition to the procedure set forth in sections 24-721 to 24-723, on recommendation of the Commission on Judicial Qualifications or on its own motion, the Supreme Court (1) shall remove a Justice or judge of the Supreme Court or other judge from office when in any court in the…
Neb. Rev. Stat. § 24-724 Commission; executive secretary; personnel; employ; Attorney General; counsel; special counsel.
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The Commission on Judicial Qualifications shall have the authority to employ an executive secretary, investigators, medical experts, and such other employees and experts as the commission in its discretion determines to be necessary to carry out its functions and purposes. The of…
Neb. Rev. Stat. § 24-725 Commission; budget; submit.
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The Commission on Judicial Qualifications shall submit its budget estimate in the manner and form and at the times required by law of all departments, offices, and institutions of the state government requesting appropriations.
Neb. Rev. Stat. § 24-726 Proceedings prior to formal hearing; confidential.
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All papers filed with and proceedings before the Commission on Judicial Qualifications or masters appointed by the Supreme Court pursuant to section 24-721 prior to any formal open hearing shall be confidential. The filing of papers with and the testimony given before the commiss…
Neb. Rev. Stat. § 24-727 Supreme Court; procedure; rule; adopt.
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The Supreme Court shall by rule provide for procedure under sections 24-709, 24-712, and 24-715 to 24-728 before the Commission on Judicial Qualifications, the masters, and the Supreme Court.
Neb. Rev. Stat. § 24-728 Judge or justice; own discipline, removal, or retirement; participation prohibited.
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No Justice or judge of the Supreme Court or other judge shall participate, as a member of the Commission on Judicial Qualifications, or as a master, or as a member of the Supreme Court, in any proceedings involving his or her own reprimand, discipline, censure, suspension, remova…
Neb. Rev. Stat. § 24-729 Judges; retired; assignment; when; retired judge, defined.
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The Supreme Court of Nebraska is empowered, with the consent of the retired judge, (1) to assign judges of the Supreme Court, Court of Appeals, and district court who are now retired or who may be retired hereafter to (a) sit in any court in the state to relieve congested trial d…
Neb. Rev. Stat. § 24-730 Retired judge; temporary duty; compensation.
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A retired judge holding court pursuant to sections 24-729 to 24-733 shall receive, in addition to his or her retirement benefits, for each day of temporary duty an amount established by the Supreme Court. In addition, a retired judge who consents to serve a minimum number of temp…
Neb. Rev. Stat. § 24-731 Retired judge; temporary duty; expenses.
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A retired judge on temporary duty shall be reimbursed for his or her expenses at the same rate as provided in sections 81-1174 to 81-1177 for state employees but shall submit a request for payment or reimbursement in the manner provided in section 24-733.
Neb. Rev. Stat. § 24-732 Retired judge; temporary duty; not contribute to retirement fund; retirement benefits not affected.
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A retired judge on temporary duty shall not be required to contribute to the Nebraska Retirement Fund for Judges, and the retirement benefits of such a retired judge shall neither be increased nor decreased on account of his temporary duty.
Neb. Rev. Stat. § 24-733 Retired judge; temporary duty; request for compensation and expenses.
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Within fifteen days following completion of a temporary duty assignment, the retired judge shall submit to the Chief Justice of the Supreme Court, on forms provided by the Chief Justice, a request for payment or reimbursement for services rendered and expenses incurred during suc…
Neb. Rev. Stat. § 24-734 Judges; powers; enumerated.
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(1) A judge of any court established under the laws of the State of Nebraska shall, in any case in which that judge is authorized to act, have power to exercise the powers conferred upon the judge and court, and specifically to: (a) Upon the stipulation of the parties to an actio…
Neb. Rev. Stat. § 24-739 Disqualification of judge; grounds.
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A judge shall be disqualified from acting as such in the county court, district court, Court of Appeals, or Supreme Court, except by mutual consent of the parties, which mutual consent is in writing and made part of the record, in the following situations: (1) In any case in whic…
Neb. Rev. Stat. § 24-740 Probate; disqualification of judge.
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No judge of probate shall act in any case or matter where he is next of kin to the deceased, nor where he is legatee or devisee under a will, nor where he is named as executor or trustee in a will, or is one of the subscribing witnesses thereto, nor where he is related to any par…
Neb. Rev. Stat. § 24-741 Judges; when ineligible as candidates for other offices.
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No judge shall be eligible as a candidate for any office except a judicial office during the time he or she is serving as a judge.
Neb. Rev. Stat. § 24-801 Judicial nominating commissions; subject to sections.
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All judicial nominating commissions under Article V of the Constitution of Nebraska shall be subject to the provisions of sections 24-801 to 24-812.
Neb. Rev. Stat. § 24-801.01 Judicial nominating commission; members; oath.
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All voting members of each nominating commission, before they enter upon their official duties, shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully discharge my duties as a member of the Judicial Nominating Commission for the ....…
Neb. Rev. Stat. § 24-802 Judicial nominating commission; residence requirements.
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Except for the judge of the Supreme Court who is required to be a member of a judicial nominating commission, each member or alternate member of a commission shall be a resident of the judicial district or area of the state served by such commission. Except for the Chief Justice,…
Neb. Rev. Stat. § 24-803 Judicial nominating commission; members; term; appointments by Governor; elections by lawyers.
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(1) Except as provided in subsection (3) of this section, as the term of a member of a judicial nominating commission initially appointed or selected expires, the term of office of each successor member shall be for a period of four years. The Governor shall appoint all successor…
Neb. Rev. Stat. § 24-804 Judicial nominating commissions; judges of Supreme Court; service as members.
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Judges of the Supreme Court shall serve on as many judicial nominating commissions as may be necessary. Each judge of the Supreme Court shall be a member of at least three nominating commissions. The judge of the Supreme Court who serves as a member of a Supreme Court judicial no…
Neb. Rev. Stat. § 24-805 Judicial nominating commissions; members serve on more than one commission; residency requirements.
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In conformity with the residency requirements of section 24-802, individual lawyer or citizen members of any judicial nominating commission may serve on more than one judicial nominating commission at the same time.
Neb. Rev. Stat. § 24-806 Judicial nominating commission; lawyer members; qualifications; nominations; election.
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(1)(a) Lawyer members and alternate lawyer members of any judicial nominating commission shall be active members of the bar of the State of Nebraska, shall reside in the judicial district or area of the state served by the commission, and shall be registered to vote. Not more tha…
Neb. Rev. Stat. § 24-807 Judicial nominating commission; lawyer members; certificate of selection.
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Upon the selection of any lawyer member or alternate lawyer member of any judicial nominating commission, the Clerk of the Supreme Court shall promptly certify his or her selection to the Governor and the Secretary of State.
Neb. Rev. Stat. § 24-808 Judicial nominating commissions; vacancies; how filled.
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(1) A vacancy relating to any member or alternate citizen member of a judicial nominating commission appointed by the Governor shall be filled promptly by appointment by the Governor for the unexpired term. (2) A vacancy of a lawyer member caused by resignation shall be filled pr…
Neb. Rev. Stat. § 24-809 Judicial nominating commission; chairperson; manner of voting; vacancies; procedure.
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(1) The judge of the Supreme Court on each judicial nominating commission shall be the chairperson of the commission and shall preside at all of its meetings. He or she shall not be entitled to vote. In selecting or rejecting judicial nominees, the members of the commission shall…
Neb. Rev. Stat. § 24-809.04 Judicial vacancy; date of final determination.
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For purposes of sections 24-809.05 and 24-810, the date of a final determination of a district, county, or separate juvenile court judicial vacancy shall be: (1) The date a judicial vacancy is determined by the Judicial Resources Commission pursuant to section 24-1204 or 24-1206;…
Neb. Rev. Stat. § 24-809.05 Judgeship; primary office; relocation of judge authorized; when.
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If a final determination of a district or county court judicial vacancy is made, the Supreme Court shall, after consultation with a representative sampling of the lawyers of the judicial district, determine and announce the county where the primary office for the judgeship shall …
Neb. Rev. Stat. § 24-810 Judicial vacancy; judicial nominating commission; meeting; notice; hearing; application; investigations; submission of names.
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(1)(a) When a final determination of a district, county, or separate juvenile court judicial vacancy has been made pursuant to section 24-809.04 or in the event of a judicial vacancy in any other court, the Clerk of the Supreme Court shall contact the chairperson of the judicial …
Neb. Rev. Stat. § 24-810.01 Judicial nominating commission; change in residency or party registration; effect.
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A change in residency that results in a member not satisfying the residency requirements of section 24-802 or a change in party registration shall automatically terminate the tenure of any member of a judicial nominating commission.
Neb. Rev. Stat. § 24-811 Judicial nominating commissions; unlawful to attempt to influence; violations; penalty.
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It shall be unlawful and a breach of ethics for any judge, public officeholder, lawyer or any other person or organization to attempt to influence any judicial nominating commission in any manner and on any basis except by presenting facts and opinions relevant to the judicial qu…
Neb. Rev. Stat. § 24-811.01 Judicial nominating commission; nominations; number; considerations.
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Any judicial nominating commission which has for its consideration three or more candidates for a judicial vacancy shall nominate at least three candidates for consideration by the Governor if the commission, in its discretion, finds them to be sufficiently qualified. In determin…
Neb. Rev. Stat. § 24-811.02 Judicial nominating commission; send report to State Court Administrator; contents.
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Within thirty days after the list of nominees for a judicial vacancy is presented to the Governor by a judicial nominating commission, the chairperson of the commission shall prepare and send to the State Court Administrator a report containing the following: (1) Names of all can…
Neb. Rev. Stat. § 24-812 Judicial nominating commissions; members; communications; confidential.
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All communications between members of judicial nominating commissions and between any member of the commission and any prospective candidate for judicial office and all other communications with members of the commission except those at the public hearing, shall be confidential. …
Neb. Rev. Stat. § 24-812.01 Judicial nominations; Supreme Court; promulgate rules.
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The Supreme Court shall promulgate rules regarding procedures to be followed in the nominating procedure, including the type of application to be filed, the type of presentation an applicant may make at the public hearing, factors, if any, other than those specifically described …
Neb. Rev. Stat. § 24-813 Judicial officeholders; subject to sections.
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All judicial officeholders who are subject to the terms and provisions of Article V, section 21, of the Constitution of Nebraska, as provided by the Constitution of Nebraska or by law, shall be subject to the terms and provisions of sections 24-813 to 24-818.
Neb. Rev. Stat. § 24-814 Judicial officeholder; continuance in office; request in writing to be retained.
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(1) Any judicial officeholder, subject to the terms of sections 24-813 to 24-818, who desires to continue in office for an additional term, shall indicate his or her desire in this respect in writing filed with the Secretary of State, on or before August 1 immediately preceding t…
Neb. Rev. Stat. § 24-815 Judicial officeholder; request to be retained; Secretary of State; submit to electorate; form of ballot.
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Upon receipt of such information and request within the time provided in section 24-814, the Secretary of State shall cause the question of said judicial officeholder's right to continue in office for an additional term to be submitted to the appropriate electorate at the next ge…
Neb. Rev. Stat. § 24-816 Judicial officeholder; retention election; how conducted.
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Said election shall be conducted in the manner and form provided for elections generally with respect to the nonpolitical ballot and the results of said election shall be certified in like manner.
Neb. Rev. Stat. § 24-817 Judicial officeholder; retention election; determination by vote of electorate.
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If the majority of the electors voting with regard to said question at said election vote in the affirmative, said judge shall be retained in office for an additional term. If the majority of the voters voting on said question at said election vote in the negative, a vacancy in s…
Neb. Rev. Stat. § 24-818 Judicial officeholder; request to be retained; failure to file; vacancy.
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Unless the judicial officeholder, who is subject to sections 24-813 to 24-818, files with the Secretary of State within the time and in the manner provided in section 24-814 an indication of his desire to continue in office for an additional term, a vacancy in said office shall o…
Neb. Rev. Stat. § 24-819 Judges; full term; commencement; end.
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The full term of office of each judge shall commence: (1) On the first Thursday after the first Tuesday in January next succeeding the election referred to in sections 24-813 to 24-818, or (2) if appointed pursuant to Article V of the Constitution of Nebraska, on the date of his …