Judicial Ethics Committee Opinions

Judicial Ethics Committee Opinions


The Judicial Ethics Committee may express its opinion on proper judicial conduct with respect to the provisions of the Nebraska Code of Judicial Conduct, either on its own initiative, at the request of a judge or candidate for judicial office, or at the request of a court or the Nebraska Commission on Judicial Qualifications.

The Committee also has the authority to make recommendations to the Nebraska Supreme Court for amendment of the Code of Judicial Conduct.

All opinions, beginning in 1989, are on file with the State Court Administrator and are available on this site. Please note that the Nebraska Code of Judicial Conduct has been revised three times since its original adoption; earlier opinions have not been revised to fit the current Code.

The 1989 Code governs opinions 89-1 to 92-6; the 1992 Code governs 92-7 to 09-1; and, the 2011 Code governs opinions *11-1 to present. *No opinions were issued in 2010, 2013, or 2018.


The Judicial Ethics Committee consists of seven members appointed by the Nebraska Supreme Court. Two of the members are from each of the county and district courts and one from the Court of Appeals. The remaining members are from any affected courts, but not from the Nebraska Supreme Court.

The Supreme Court designates one of the members as chair and one member as vice chair who serves in the event of disqualification or unavailability of the chair. Terms are staggered and individuals may be reappointed after a lapse of 1 year.

View the Judicial Ethics Committee.

Opinions 89-1 to 93-5 are PDF only and are searchable by question only, not by content.

Number PDF Download Question Presented
23-1 PDF icon 23-1.pdf Does a judge who is on the Board of Directors for a non-profit organization have an affirmative duty to stop other Board members from referring to her as “Judge” during meetings and out in the community?  Is the judge allowed to participate in fundraisers, including donating to them, as long as she does not solicit donations, speak at the event, or hold herself out as a judge?  Can the judge be listed on the non-profit organizations’ website as being a member of the Board of Directors by name only (no title) and with a quote about the organization?
22-2 PDF icon 22-2.pdf Is a district judge whose brother is the county judge in two of the counties in the judge’s judicial district disqualified in the following situations? 1.  Appeals - When a party appeals a civil or criminal case from County Court to District Court?   2.  A plea in abatement.   A. If disqualification is required and is not waived, and another judge rules on the plea in abatement, is there any reason that he or she will have to handle the entire case to its conclusion?   3.  Bindovers - No plea in abatement filed.   4. Search warrants in which the defense is not challenging whether the magistrate was detached and neutral?   5. Search warrants in which the defense is challenging whether the magistrate was detached and neutral?   6. Will contests.   7. Bond review hearings.   8. Bridge Orders.
22-1 PDF icon 22-1.pdf Is a district judge whose spouse is a deputy county attorney for one of the counties in the judge’s judicial district disqualified in the following situations? Cases involving enhanceable offenses: from cases involving an enhanceable offense (i.e. 5th offense DUI) in which the judge prosecuted one of the underlying offenses? from cases involving an enhanceable offense (i.e. 5th offense DUI) in which the judge’s spouse prosecuted one of the underlying offenses? Cases involving problem-solving courts: If the judge’s spouse has prosecuted the offense for which the defendant plead into a problem-solving court in County X, can that offender be transferred to the judge’s supervision in County Y? If the spouse was not the prosecutor assigned to the underlying offense can the judge accept transfer of the offender to County X if the spouse was simply a member of the treatment team in County Y? If the judge is disqualified, can that conflict be waived by the parties? Other cases: from cases where the judge’s spouse is prosecuting an unrelated case against the same party in another court?  Are there additional screening methods required of either the judge or his spouse to avoid conflict in the signing of warrants in which the spouse has assisted law enforcement with preparation of the affidavit for arrest warrant? Cases involving post-judgment actions such as modifications or contempt actions where the judge’s spouse acted as attorney in the original action, and if so, can this conflict be waived by the parties?
21-2 PDF icon 21-2.pdf (1)  Whether it would be proper and/or appropriate and/or ethical to provide to a landlord an informational pamphlet in regards to available pre-trial mediation services when an eviction proceeding is initiated in County Court? (2) Would it be appropriate and/or ethical to provide to a tenant an informational pamphlet in regards to available pre-trial mediation services as an attachment to the summons and complaint when an eviction proceeding is initiated in County Court?
21-1 PDF icon 21-1.pdf Does the Nebraska Code of Judicial Conduct permit a judge: 1.  To allow a CASA Program to post pictures of the judge in court in an adoption proceeding (without identification of the child) on the Program’s website, social media, newsletter, etc., presumably for the purpose of showing the beneficial value of the Program to the legal system and to promote the Program? 2.  To allow a CASA Program to quote the judge on the beneficial value of the Program on the Program’s website, social media, newsletter, advertising materials, etc., presumably for the purpose of promoting the program to the public for recruitment of volunteers? 3.  To submit written correspondence to the local county board for the purpose of supporting funding of the CASA Program by the local county board? 4.  To attend the CASA Program’s annual fundraising event and dinner with the judge paying for the expense of the dinner?  The event and dinner are attended by the CASA Program staff, volunteers, and members of the community.  The primary purpose of the event is to raise funds for the Program. 5.  To speak at the CASA Program’s annual fundraiser event and dinner in support of the CASA Program without payment or benefit from speaking at the event and dinner? 6.  To speak at educational sessions for volunteers to the CASA Program regarding the Court’s expectations of the CASA volunteer?
20-2 PDF icon 20-2.pdf Does a judge whose spouse is an administrative employee in the county attorney’s office of one of the counties in the judge’s judicial district have a conflict of interest when presiding over cases presented by the county attorney’s office?
20-1 PDF icon 20-1.pdf The Judges in one Judicial District have received a letter from groups seeking to assist tenants in evictions.  The letter contains a number of suggestions and recommendations including, without limitation, that this court “1. Consolidate the evictions docket. … 2. Stagger the hearings. … 3. Inform pro se litigants of this service from the bench. … 4. Liberally grant continuances to allow use of safe proceedings. … (and) 5. Include information about legal services with the eviction summonses.”  Id. at 2-3. Upon our review of the subject correspondence from Mr. Mumgaard, Ms. Heer Dale, and Mr. Sullivan, we have identified the following concerns and questions: 1.   In light of the fact that the court has been contacted by this group of Nebraska attorneys in this fashion, under the Nebraska Revised Code of Judicial Conduct, does the court have a duty to notify anyone (i.e. counsel for discipline, all opposing counsel) concerning the correspondence?  In addition, if this correspondence is an ex parte communication on a pending matter or impending matter, is that sufficient to notify all opposing counsel/parties by a letter on counsel table? 2.  Does the Code permit the court to meet with this group of attorneys as they request? 3.  With regard to their requests that the court “1. Consolidate the evictions docket…(and) 2. Stagger the hearings” because “[i]t would be impossible to staff this project four days every week,” does “the Code permit the court to change its calendar and group and spread cases to be heard in order to accommodate a specific group of lawyers?” 4.  Is it a violation of the Code for the court to “[i]nform pro se litigants of this service from the bench,” thereby promoting the services of a specific group of attorneys? 5.  Recognizing that eviction hearings require evidence including live testimony and exhibits, and that the Uniform Residential Landlord Tenant Act, Neb. Rev. Stat. § 76-1401 et seq., contains certain time requirements, including that such actions be brought to trial within 10 to 14 days of issuance of summons (§ 76-1443), that continuances be granted only for “extraordinary cause,” and then only if the tenant posts a bond in the amount of his or her past due rent and additional rent that will accrue (§ 76-1443), is it a violation of the Code for the court to “[l]iberally grant continuances….” as these attorneys request? 6.  Cognizant of  Nebraska Judicial Ethics Opinion 06-2, wherein this committee concluded that “[a]dvertisements unrelated to the judicial process, of either an education or promotional nature, should not be displayed near the courtroom as they advance private interests and convey an impression of influence.” Does the Code permit this court to ‘[i]nclude information about legal services with the eviction summonses”?
19-2 PDF icon 19-2.pdf Does the Nebraska Revised Code of Judicial Conduct permit a judge to act as the treasurer for a nonprofit organization (high school legion baseball team)?  The duties would be limited to maintaining the financial records of the legion team, collecting player fees, collecting income from the sale of concessions, collecting income from gate fees (entrance to tournaments and games), and paying the various bills to vendors, coaches, and umpires.  This role would include the added language that the treasurer will not ask for any donations of any kind, nor will the treasurer be in charge of the charity fundraiser event (golf tournament) hosted annually by the organization.
19-1 PDF icon 19-1.pdf “Does the Code of Judicial Conduct permit [sic] a county court duty judge from having ex parte communication with a county attorney to discuss warrantless affidavits and the arrestee’s criminal record for the purpose of setting an appropriate appearance bond when the courts are closed over the weekend and holidays?”
17-3 PDF icon 17-3.pdf May a member of the judiciary who previously served as General Counsel for the Nebraska Department of Correctional Services (NDCS) preside over cases which involve claims brought directly by or on behalf of incarcerated individuals?
17-2 PDF icon 17-2.pdf Is a district judge whose brother is county attorney for one of the counties in the judge’s judicial district disqualified in the following situations: 1.   from cases in which the deputy county attorney for the county is the attorney for the State and the judge’s brother did not appear in the case, nor sign the complaint, or participate in any way in the case; 2.   from cases in which the judge’s brother is appearing as attorney, if both parties “agree,” the judge may hear the case and such waiver can later be revoked; 3.   in reviewing affidavits for issuance of search warrants when the brother signs as notary and may have assisted the law enforcement affiant in preparation of the affidavit; and 4.   from appointing the judge’s brother as special prosecutor or guardian ad litem when the appointment is governed by a rotating list.
17-1 PDF icon 17-1.pdf Whether an active district court judge may participate as a sitting member of a “Justice Council” without contravening the Nebraska Constitution or Code of Judicial Conduct. The extent to which the advisory and legislative duties of a “Justice Council” are in conflict with the notion of separation of powers. Whether any lesson can be learned, which can be applied to this situation, from Nebraska Judicial Ethics Opinions 11-2 and 14-1 where the Committee advised a judge may serve as a member of a Safety Council, but should regularly evaluate the Council’s activities and thereafter service on the Council was found to raise an appearance of impropriety. If any of the above raises disqualifying ethical concerns, the extent to which a judge may nevertheless serve a limited role on the Council, and examples of the parameters of such a role.
16-4 PDF icon 16-4.pdf Shall a county court judge recuse himself/herself from a case where the judges spouse is one of the attorneys in a prosecutors office (17 full-time attorneys) in the following circumstances:A) from the trial/proceedings of a defendant where the judges spouse did NOT file the criminal charge/complaint in County Court, but was the prosecutor participating at the...
16-3 PDF icon 16-3.pdf May a judge or magistrate, at an employee's request, write a letter of recommendation for that employee discussing the employees abilities as an employee who has applied for a job in a different court? May the letter be on the courts letterhead? May the letter be signed with the title "Judge of the Court?" Would the same answer apply if the clerk was...
16-2 PDF icon 16-2.pdf Shall a county court judge disqualify himself from adoption cases involving the adoption of children by same-sex married couples if the judge:a. is an openly professing and practicing evangelical Christian, that openly and publicly professes his faith in Jesus Christ as his Lord and Savior;b. prays to God, reads the Bible, gives financially to the church and Christian ministries, and...
16-1 PDF icon 16-1.pdf May a judge serve on a guardian ad litem task force formed by a Board of County Commissioners for the stated purpose of discussion, consideration, and making recommendations to the Board as to the method by which guardian ad litems should be appointed in juvenile court proceedings in that county?
15-2 PDF icon 15-2.pdf If clerk magistrates are married to Nebraska State Patrol Officers assigned to the same judicial district, may the clerk magistrate handle citations or complaints which involve their spouses in an official capacity, for example, sign citations issued by their spouse, collect fines for those citations, or be in the courtroom when the spouse testifies?
15-1 PDF icon 15-1.pdf May a judge or clerk magistrate: refuse to perform marriages for same-sex couples; refuse to perform marriages for same-sex couples if the couple can be referred to another judge willing to perform the ceremony; refuse to perform same-sex marriages if based on a personal or sincerely held religious belief that marriage is between one man and one woman; refuse to conduct all marriages; or limit...
14-1 PDF icon 14-1.pdf May a county judge serve as a member of the board of directors for the National Safety Council, Nebraska, when the Council administers that judges county court misdemeanor diversion program for the jurisdictions city prosecutor; the prosecutors office and the Council determine the diversion curriculum, and unsuccessful diversion candidates may later appear in front of the county judge for...
12-4 PDF icon 12-4.pdf May a clerk magistrate accept donations from a community fundraiser to help defray her extensive medical bills because of illness?
12-3 PDF icon 12-3.pdf 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?
12-2 PDF icon 12-2.pdf May a judges spouse feature their co-owned residence gardens in a garden walk, the purpose of which is to raise funds for a local community theater?
12-1 PDF icon 12-1.pdf What are a judges responsibilities under the Nebraska Revised Code of Judicial Conduct when an attorney informs the judge of misconduct by the attorneys client, who is a personal representative in one of the judges probate cases, a guardian/conservator in other cases, and the spouse of a county court employee?
11-4 PDF icon 11-4.pdf Must a judge disqualify himself/herself from all cases pending before that judge in which a litigant is represented by an attorney who also represents the judges former spouse in a pending matter in a different court in which the judge is an adverse party?
11-3 PDF icon 11-3.pdf May a judge appear in a video presentation, to be viewed by county officials at anannual meeting, which intends to highlight recent renovations to a courthouseand is produced by the architectural firm responsible for the project?
11-2 PDF icon 11-2.pdf May a judge serve as an ex officio member of the board of directors for the National Safety Council Greater Omaha Chapter provided that the judges name does not appear on any documents for fundraising purposes?
11-1 PDF icon 11-1.pdf If a retired county judge appears as a practicing attorney before a judge with whom he formerly served in the same county, must the judge be disqualified or required to recuse?
09-1 PDF icon 09-1.pdf May a judge or his wife donate money to a Foundation that the judge and his wife created. May a judge attend the annual fundraiser of the Foundation as a donor but not as a master of ceremonies? May the judge support the entity with his presence so long as he does not promote the entity or engage in the solicitation of funds? Should the judge remove his name and pictures from the Foundation...
08-4 PDF icon 08-4.pdf May a judge attend a dinner and speak during a program celebrating a State boards service to the citizens of Nebraska?
08-3 PDF icon 08-3.pdf Should a juvenile court judge recuse in a pending juvenile case where a spouse of another juvenile judge will testify in the case?
08-2 PDF icon 08-2.pdf Can a judge permit judicial staff attorneys to provide legal representation for individual clients apart from their regular employment with the State?
08-1 PDF icon 08-1.pdf Can a judge attend or participate in a political party caucus held to elect delegatescommitted to a certain presidential candidate in that political party?
07-4 PDF icon 07-4.pdf May a judge send a letter of recommendation on behalf of a high school student, at the request of that student, who seeks to attend a particular college?
07-3 PDF icon 07-3.pdf (1) May a quote by the judge, the judges name, and the judges title appear on a letter soliciting funds for a not-for-profit organization?(2) If not, should the author of the solicitation letter be asked to remove the judges quote, name, and title from the letter?(3) May the judge make a private donation to the not-for-profit organization in response to the solicitation...
07-2 PDF icon 07-2.pdf May a newly appointed judge sever his financial and business interests in the law firm of which he is presently a shareholder and continue to temporarily maintain a general partnership with his prior partners who own the law firms building and a separate L.L.C. whose sole asset is a piece of real estate taken as fees for past legal work done by the law firm?
07-1 PDF icon 07-1.pdf May a judge introduce the keynote speaker at an event which is primarily commemorative but at which a fee is charged to attendees to cover the cost of the meal and excess funds are used for a scholarship fund for the benefit of a particular group?
06-7 PDF icon 06-7.pdf (1) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from attorneys that practice before the judge?(2) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from nonattorneys that are acquaintances or friends of the judge?
06-6 PDF icon 06-6.pdf Can a judge serve individually or on a panel with other persons as a judge who selects winners in speech contests, pageants, talent shows or other similar events sponsored by various non-profit groups or service clubs?
06-5 PDF icon 06-5.pdf (1) Can a judge serve on a committee to explore policy for a local high school board of education? (2) Can a judge appear at a public hearing before a board of education or one of its committees?
06-4 PDF icon 06-4.pdf The question presented in this case concerns a district court judges participation in a seminar about defense of driving under the influence (DUI) cases, titled DWI Defense in the 21st Century, put on by the Nebraska Criminal Defense Attorneys Association (NCDAA). The question is whether the judges participation is proper where he intends to present his perspective on...
06-3 PDF icon 06-3.pdf Is it appropriate for a clerk magistrate or any employee of the court to place candidate signs in their yards?Is it appropriate for a clerk magistrate or records clerk to hand out campaign literature for a candidate?Does it make a difference if the clerk magistrate or records clerk is related to the candidate?
06-2 PDF icon 06-2.pdf Should the court be an instrument for providing brochures, pamphlets, and other informational literature for the elderly?If so, should the court limit the display of such information to nonprofit, public service types of organizations, or can the court allow the display of for-profit organizations?If so, should the court prominently display some sort of disclaimer clearly establishing the message...
06-1 PDF icon 06-1.pdf Can a newly appointed judge continue to serve as a trustee on a charitable foundation which does not solicit or accept donations and whose sole purpose is to donate to other charitable and nonprofit organizations?
05-4 PDF icon 05-4.pdf Does the Nebraska Code of Judicial Conduct prohibit the Minority and Justice Implementation Committee, a committee of the Nebraska judicial system, from accepting funds from the Nebraska State Bar Association Charitable Funds, Inc.?
05-3 PDF icon 05-3.pdf Can a newly appointed judge continue to serve as director of a religious foundation which does not solicit funds?Does the foundations requirement that its board members also be members of a specific religious affiliation or denomination prohibit the judge from continuing to serve on its board of directors?May a judge offer legal advice to the board of directors, if called on to do so?
05-2 PDF icon 05-2.pdf Should a judge recuse himself in a case during the pendency of which a pro se litigant in the action informs the judge that a complaint has been filed against the judge by the pro se litigant?
05-1 PDF icon 05-1.pdf May a judge serve on a Court Appointed Special Advocate (CASA) board serving a county which is outside the judge's judicial district?
04-3 PDF icon 04-3.pdf The Supreme Court, in attorney discipline cases, appoints an attorney to act as a referee to conduct a hearing on the charges brought by the Counsel for Discipline against attorneys. When a lawyer in the law firm of the appointed referee is married to the first cousin of a Supreme Court judge, should the judge recuse in the case?
04-2 PDF icon 04-2.pdf Under what circumstances, if any, is it appropriate for a judge to retain a gift or honorarium for performing a wedding ceremony?
04-1 PDF icon 04-1.pdf May a judge attend a training conference concerning domestic violence issues? May the judges tuition and expenses for attending the conference be paid for by a local domestic violence project or through a grant from the Department of Justice?
03-5 PDF icon 03-5.pdf May a judge participate as a member of a gala ball committee for a charitable organization where the judges participation is limited to organizing, the judges name would not appear on any literature regarding the fund-raising activity, and the judge would not personally solicit any funds?
03-4 PDF icon 03-4.pdf What are a judges responsibilities under the Nebraska Code of Judicial Conduct when a member of the judges staff presents complaints about an attorney and requests that the judge file a disciplinary complaint with the Counsel for Discipline?
03-3 PDF icon 03-3.pdf Should a county judge recuse in a juvenile case where there is a difference of opinion between the Department of Health and Human Services/Office of Juvenile Services and a school district regarding in-school supervision where the judges spouse is a member and vice president of the school board?
03-2 PDF icon 03-2.pdf Is a judge whose adult child is employed by a business which is partly owned by an attorney who regularly practices before the judge disqualified from all cases involving the attorney or only disqualified from cases specifically involving the business which employs the judges child?
03-1 PDF icon 03-1.pdf Is a judge who is socially involved in a dating relationship with an attorney in a public defenders office disqualified from all cases involving the public defenders office or only from cases which the specific attorney, with whom the judge is involved, has appeared as attorney of record or been involved in any manner?
02-5 PDF icon 02-5.pdf Would it be ethical for the Nebraska District Judges' Association to take public action in the event a district judge is unjustly criticized? If it would not be ethical, would the answer be different if the Association did not take the public action itself, but assisted local and/or state bar associations?
02-4 PDF icon 02-4.pdf An employee of the county court and her husband have previously served as foster parents. The employee has now been appointed clerk magistrate of the county court, in a county which does not have a separate juvenile court, and asks the following questions:Is it permissible to provide foster care for children within the judicial district?Is it permissible to provide foster care for children from...
02-3 PDF icon 02-3.pdf Does the Code of Judicial Conduct allow a judge to author a recruiting letter for the Nebraska State Bar Associations One Hour of Sharing campaign?Does it make a difference that this campaign seeks either hours of service or cash contributions in lieu of services from Nebraska attorneys?Does the Code of Judicial Conduct prohibit a...
02-2 PDF icon 02-2.pdf May a judge, pursuant to a request from an attorney, submit either a letter or affidavit to a referee in a disciplinary proceeding conducted by the Nebraska State Bar Association regarding the attorneys fitness to continue to practice law in Nebraska?
02-1 PDF icon 02-1.pdf May a clerk magistrate be a candidate for election to a non-judicial office (clerk of the district court) while remaining a clerk magistrate?
01-2 PDF icon 01-2.pdf May a member of the judiciary who previously served as supervising deputy county attorney over the child support enforcement division of a county attorney's office preside in child support cases which were filed or being handled by the county attorney's office during the period of time the judge served as chief deputy county attorney? Specifically, should the judge consider recusal in...
01-1 PDF icon 01-1.pdf May a judge accept an invitation to provide a welcoming statement at an event being sponsored by Mothers Against Drunk Driving (MADD) for law enforcement officers and representatives of victim witness organizations where the attendees will receive death notification training and leadership training?
00-3 PDF icon 00-3.pdf May a presiding judge of the Nebraska Workers' Compensation Court ethically perform his statutorily prescribed duties charging him with conservation of assets of the Workers' Compensation Trust Fund?
00-2 PDF icon 00-2.pdf May judges accept an invitation to be recognized as a "Judicial Fellow" by ATLA?
00-1 PDF icon 00-1.pdf Does participation in an auction that is intended to be a benefit and fundraiser for a local nonprofit organization constitute an ethical breach in the stated case?
99-2 PDF icon 99-2.pdf A Nebraska lawyer who is considering applying for a judicial vacancy inquires as to what restrictions would arise from his co-ownership, with his current law partner of a corporation which operates a retirement home in the county where the judge, if appointed, would preside. Another partner in the same corporation is also a law partner of the potential applicant. Additionally, the brother of the...
99-1 PDF icon 99-1.pdf Request withdrawn, opinion never issued
98-6 PDF icon 98-6.pdf May a clerk magistrate hear or act on cases of a law firm that employs the clerk magistrate's wife in the capacity of an office manager and bookkeeper? If a conflict exists, what, if any, conditions would be available to continue her employment?
98-5 PDF icon 98-5.pdf May members of a judge's spouse's law firm practice before the judge? When must the judge recuse from cases involving former clients or clients of a previous employer?
98-4 PDF icon 98-4.pdf May a judge write a letter of support for a funding grant on behalf of an agency providing support and assistance for the victims of crimes? Is the answer different if the agency is a Court Appointed Special Advocate (CASA) agency?
98-3 PDF icon 98-3.pdf May a judge's staff engage in political activity with respect to local elections?
98-2 PDF icon 98-2.pdf May a clerk magistrate serve on the board of directors of a bank?
98-1 PDF icon 98-1.pdf Does the issuance of a protection order in which the signing judge has ex parte contact with the petitioner, either in person, by affidavit, or both, give rise to a conflict of interest such that the signing judge should recuse himself/herself from hearing further matters regarding either the same petitioner and/or the respondent, if any criminal or civil matters ensue?
97-7 PDF icon 97-7.pdf May a judgeserve as a trustee of a trust created for the benefit of an incapacitated cousin andreceive her Social Security disability payments as a designated payee?
97-6 PDF icon 97-6.pdf May a judge accept appointment to be a member of a Community Response Team which mobilizes community resources to reduce and prevent domestic violence by developing a coordinated approach to respond to crimes of domestic violence?
97-5 PDF icon 97-5.pdf Request withdrawn, opinion never issued
97-4 PDF icon 97-4.pdf Can a judge serve as a board member of the University of Nebraska at Lincoln's Chancellor's Committee of Visitors?
97-3 PDF icon 97-3.pdf A newly appointed judge requests an opinion whether continued service on the board of a private foundation violates the Nebraska Code of Judicial Conduct. The foundation does not solicit funds or accept funds from any source other than properties upon which the foundation was based. (The foundation is a family foundation, the original bequest was from an estate, and additional bequests are...
97-2 PDF icon 97-2.pdf What ethical considerations apply to the winding up of the affairs of a professional corporation, of which a newly appointed judge is the sole shareholder, particularly with respect to certain employment agreements the corporation has with other attorneys?
97-1 PDF icon 97-1.pdf Can a judge accept appointment to an executive branch agency advisory council?
96-9 PDF icon 96-9.pdf May a judge write an occasional column for a local newspaper that is published by law enforcement officers primarily for law enforcement officers?
96-8 PDF icon 96-8.pdf The presiding judge of a judicial district inquires:Is recusal required if one of the parties to a lawsuit is an attorney who practices law in the court where that judge presides?Does it make any difference if the attorney appears regularly in front of the judge?Does it make any difference if the attorney is the defendant in a criminal case, as opposed to being a party plaintiff or party...
96-7 PDF icon 96-7.pdf Must a judge disqualify from criminal cases prosecuted by the county attorney when that judge is a party to a pending appeal challenging the assessed value of the judge's personal residence?
96-6 PDF icon 96-6.pdf A judge inquires: Would a contribution to the Committee for an Independent Judiciary (Committee) made by his spouse from an account which bears his name as joint tenant and which is composed of her contributions (account) violate the Nebraska Code of Judicial Conduct (Code)?
96-5 PDF icon 96-5.pdf A judge, who has jurisdiction in certain civil matters in which his first cousin has a possible financial interest, states that he would be compelled to disqualify himself if the matter came to trial. Must the judge also disqualify himself from hearing a motion for default judgment?
96-4 PDF icon 96-4.pdf Under what circumstances, and pursuant to what procedure, may the law partners of an attorney appear and practice before a Nebraska judge who is the brother of that attorney?
96-3 PDF icon 96-3.pdf May a judge preside over cases involving lawyers who play various roles in salary negotiations with the judge's spouse's employment group or the law firms with which such lawyers are affiliated?
96-2 PDF icon 96-2.pdf Can a retired judge serve as an expert witness?
96-1 PDF icon 96-1.pdf May a judge serve as volunteer chairperson of a celebration for a local charitable organization?
95-2 PDF icon 95-2.pdf Under the Nebraska Code of Judicial Conduct (1992), may a Nebraska state court judge accept compensation for teaching as a adjunct faculty member at the state-supported college of law?
95-1 PDF icon 95-1.pdf Opinion withdrawn
94-3 PDF icon 94-3.pdf Must a sitting Nebraska judge recuse himself or herself simply because the judge is named as a party defendant in a case assigned to the judge?
94-2 PDF icon 94-2.pdf Can a judge be used as a reference in the certification process of the National Board of Trial Advocacy?
94-1 PDF icon 94-1.pdf Can a candidate for judgeship seek endorsement from individuals other than those listed on the application?
93-5 PDF icon 93-5.pdf May judges of a multi-judge court rotate service on an institutional bioethics committee?
93-4 PDF icon 93-4.pdf When an attorney leaves the practice of law to go on the bench and sells his interest in the firm to Partners, how do you handle the contingency fee case with another law firm, wherein the agreement between your firm and their firm is a division of whatever recovery there maybe, if any?
93-3 PDF icon 93-3.pdf Can a judge of a juvenile court serve as a member and/or serve as the Chair of the Nebraska Commission for the Protection of Children?
93-2 PDF icon 93-2.pdf A member of the Nebraska Judiciary requested the guidance of this committee as to whether or not membership in certain organizations violate Section C of Canon 2 of the Nebraska Code of Judicial Conduct (1992).The requesting judge belongs to local chapters or "lodges" of national or state organizations. To the best of the judges knowledge, neither organization limits membership based on race,...
93-1 PDF icon 93-1.pdf May a sitting Nebraska judge voluntarily render expert opinions on oil and gas law at a trial in Alaska and be compensated for the services when the opinions relate to expertise gained because of law teaching and not from being a judge?
92-8 PDF icon 92-8.pdf Does the Nebraska Code of Judicial conduct (1992) apply to child support referees? If so, to what extent does the Code apply to part-time child support referees?If so, to what extent does the Code apply to full-time child support referees?
92-7 PDF icon 92-7.pdf A judge writes that he has been asked to submit a letter of recommendation on behalf of a court clerk who has been nominated for an award known The Outstanding County Official of the Year. This judge, before becoming a judge, was a county attorney who worked closely with this person and was very familiar with her work. Our opinion is requested as to whether it is ethical for this judge to write...
92-6 PDF icon 92-6.pdf A member of the judiciary has asked the following questions:I have a brother who is going through a dissolution.Should I recuse myself from all cases handled by the law firm representing my brother and the law firm representing his wife?If the recusal is not required, must I make a disclosure of the representation in all matters which appear before me in which an attorney from the law firm...
92-5 PDF icon 92-5.pdf May a judge continue to participate in his former firm's retirement plan, of which the law firm is the plan administrator?
92-4 PDF icon 92-4.pdf A County Judge has asked whether the employment of his wife by the Department of Social Services creates any ethical conflict under the Code of Judicial Conduct.
92-3 PDF icon 92-3.pdf A member of the Nebraska judiciary asks for an opinion as to whether the judge can appear before a City Planning Commission, either alone or in conjunction with others, and express support or opposition to a proposed development. Real estate owned by the judge could be affected by the decision of the commission.
92-2 PDF icon 92-2.pdf A member of the Nebraska judiciary asks for an opinion on the following:Can the judge ethically prepare legal documents in connection with an adoption of a child by the judge's daughter and her husband?Can the judge ethically file the documents in the county court as legal representative for his daughter and her husband?Can the judge ethically appear at the adoption hearing as the legal representative...
92-1 PDF icon 92-1.pdf A member of the judiciary has a son who is a lawyer member of the local public defender's staff. Various members of that staff, which number in excess of ten lawyer members, regularly and routinely represent clients who are charged with criminal and traffic violations of city ordinances and state statutes, including both misdemeanors and felonies. Because of the number of staff attorneys...
91-2 PDF icon 91-2.pdf Under the Code of Judicial Conduct, may a judge be a member of the Knights of Columbus?
91-1 PDF icon 91-1.pdf May a judge respond to a request from Martindale-Hubbell asking for a rating and recommendation of an attorney?
90-3 PDF icon 90-3.pdf A member of the Nebraska Judiciary has made an inquiry regarding the propriety of monetary contributions from members of the judiciary to the committee (COMMITTEE) supporting passage of Constitutional Amendment 2 (C .A. 2). If adopted, C.A.2 would remove the absolute right of appeal to the Supreme Court in most cases and permit the establishment of an intermediate appellate court in Nebraska.
90-2 PDF icon 90-2.pdf A member of the Nebraska judiciary has inquired whether a judge may write letters of recommendation and/or answer questions about the qualifications of a lawyer who has applied to a judicial nominating commission for submission of the lawyer's name to the governor for judicial appointment.
90-1 PDF icon 90-1.pdf The member of the judiciary inquires as follows:Can a judge be a member of the Board of Trustees of a private, nonprofit educational institution (membership predates the appointment of that judge to the judiciary)?Because the fund-raising activities of the Board of Trustees is likely to continue in the future, should the judge, though not participating by name or directly in any fundraising...
89-9 PDF icon 89-9.pdf The daughter of a judge who is attending law school will be doing pro bono work at a legal aid agency in the judge's district. She will be involved in legal research on social security matters, on modifications on support cases and on other general litigation. The judge asked the question whether or not this would preclude him from handling cases in which this legal aid agency is involved.
89-8 PDF icon 89-8.pdf A Judge of the Judiciary of the State of Nebraska, who is a member of a national service organization which is open to membership to all people of good character, desires to run for election as a member of the board of directors of that organization, serving the geographic area of Nebraska and surrounding states. He will be compensated with funds to cover expenses incurred through a due...
89-7 PDF icon 89-7.pdf A judge has been requested by a former member of the Nebraska State Bar to fill out a "proof of practice" form for the Illinois State Bar so he may be admitted to practice in that State. The only statement that the judge intends to make on behalf of the attorney is that the judge knows that the attorney was employed for the State of Nebraska tax commissioner and that he represented the State in...
89-6 PDF icon 89-6.pdf A judge has been asked to perform a simulated marriage ceremony in Nebraska for the benefit of family living here. The couple has already been legally married in another state. The judge has requested an opinion as to whether this would constitute conduct in violation of the Canons of Judicial Conduct.
89-5 PDF icon 89-5.pdf A member of the Nebraska Judiciary has a brother-in-law who practices law in the city and county wherein the judge sits. The brother-in-law shares offices with one other attorney, though not on a partnership basis but instead on an office sharing arrangement.1. In order to avoid even the appearance of impropriety, should the judge recuse himself/herself from every facet of the brother-in-law's...
89-4 PDF icon 89-4.pdf May a judge who owns stock in two banks; one state chartered and one federally chartered, and who also served on the boards of directors of both banks at the time of the judges appointment to the bench continue to own stock in both banks and continue to serve on the board of directors?
89-3 PDF icon 89-3.pdf The daughter of a member of the State Judiciary was recently hired as a salaried associate in a law firm which frequently appears in cases before the Court in which the judge in question sits. The judge has posed two questions:Should the judge recuse himself/herself in cases handled by other attorneys of the firm which employs the daughter?In the event recusal is not mandated by the Code of...
89-2 PDF icon 89-2.pdf Is it proper for a judge who has recused himself in criminal proceedings against a lawyer who practiced in his court to write a letter on the behalf of the lawyer to be included in the presentence investigation being prepared in connection with those criminal proceedings?
89-1 PDF icon 89-1.pdf Will a promissory note approach to partnership distribution create any ethical problems? Will continued employment of the new judge's wife by his former firm create conflict problems? If so, can she continue at the firm until she can find herself a suitable new position and until the firm can replace her?