Judicial Ethics Committee Opinions

Judicial Ethics Committee Opinions

Authority

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.

Membership

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: 06-5
Year: 2006
Question Presented:

(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?

Number: 06-4
Year: 2006
Question Presented:

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...

Number: 06-3
Year: 2006
Question Presented:

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?

Number: 06-2
Year: 2006
Question Presented:

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...

Number: 06-1
Year: 2006
Question Presented:

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?

Number: 05-4
Year: 2005
Question Presented:

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.?

Number: 05-3
Year: 2005
Question Presented:

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?

Number: 05-2
Year: 2005
Question Presented:

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?

Number: 05-1
Year: 2005
Question Presented:

May a judge serve on a Court Appointed Special Advocate (CASA) board serving a county which is outside the judge's judicial district?

Number: 04-3
Year: 2004
Question Presented:

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?

Number: 04-2
Year: 2004
Question Presented:

Under what circumstances, if any, is it appropriate for a judge to retain a gift or honorarium for performing a wedding ceremony?

Number: 04-1
Year: 2004
Question Presented:

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?

Number: 03-5
Year: 2003
Question Presented:

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?

Number: 03-4
Year: 2003
Question Presented:

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?

Number: 03-3
Year: 2003
Question Presented:

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?

Number: 03-2
Year: 2003
Question Presented:

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?

Number: 03-1
Year: 2003
Question Presented:

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?

Number: 02-5
Year: 2002
Question Presented:

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?

Number: 02-4
Year: 2002
Question Presented:

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...

Number: 02-3
Year: 2002
Question Presented:

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...