Judicial Vacancies and Judicial Nominating Commission Information

Judicial Vacancies and Judicial Nominating Commission Information

NOTICE TO JUDICIAL APPLICANTS: Judges and court staff cannot provide legal advice or interpret laws, codes or rules governing the process for selection and appointment of Nebraska judges. Therefore, reference to the applicable constitutional provisions, statutes, court codes and rules cited below is recommended if there is a question regarding the application process.

Application Package

Constitutional Authorization

Eligibility Requirements

Judicial Nominating Statutes and Nebraska Supreme Court Rules

Judges Term of Office

Determination of Vacancies - Judicial Resources Commission Statutes

Judicial Candidate Ethical Questions or Issues

Questions regarding Revised Code of Judicial Conduct provisions applicable to your situation should be directed to the Nebraska Judicial Ethics Committee.

Relevant Judicial Ethics Committee Opinions

  • 12-3:  May a person who has previously filed for election as a delegate to a county post primary political party convention and who by reason of the number of persons filing will automatically be certified by the election commissioner as an elected delegate avoid being in violation of the Nebraska Revised Code of Judicial Conduct upon seeking appointment to judicial office?

Judicial Applications by Members of Nominating Commissions

Art V § 21(4) of the Nebraska State Constitution provides:

(4) There shall be a judicial nominating commission for the Chief Justice of the Supreme Court and one for each judicial district of the Supreme Court and of the district court and one for each area or district served by any other court made subject to subsection (1) of this section by law. Each judicial nominating commission shall consist of nine members, one of whom shall be a Judge of the Supreme Court who shall be designated by the Governor and shall act as chairman, but shall not be entitled to vote. The members of the bar of the state residing in the area from which the nominees are to be selected shall designate four of their number to serve as members of said commission, and the Governor shall appoint four citizens, not admitted to practice law before the courts of the state, from among the residents of the same geographical area to serve as members of said commission. Not more than four of such voting members shall be of the same political party. The terms of office for members of each judicial nominating commission shall be staggered and shall be fixed by the Legislature. The nominees of any such commission cannot include a member of such commission or any person who has served as a member of such commission within a period of two years immediately preceding his nomination or for such additional period as the Legislature shall provide. The names of candidates shall be released to the public prior to a public hearing. [Emphasis added]

See also Neb. Rev. Stat. § 24-803(2), which provides:

(2) For purposes of this section and Article V, section 21, of the Constitution of Nebraska, a member of a judicial nominating commission shall be deemed to have served on such commission if he or she was a member of the commission at the time of the publication of the notice required by subsection (1) of section 24-810.