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: 02-2
Year: 2002
Question Presented:

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?

Number: 02-1
Year: 2002
Question Presented:

May a clerk magistrate be a candidate for election to a non-judicial office (clerk of the district court) while remaining a clerk magistrate?

Number: 01-2
Year: 2001
Question Presented:

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...

Number: 01-1
Year: 2001
Question Presented:

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?

Number: 00-3
Year: 2000
Question Presented:

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?

Number: 00-2
Year: 2000
Question Presented:

May judges accept an invitation to be recognized as a "Judicial Fellow" by ATLA?

Number: 00-1
Year: 2000
Question Presented:

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?

Number: 99-2
Year: 1999
Question Presented:

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...

Number: 99-1
Year: 1999
Question Presented:

Request withdrawn, opinion never issued

Number: 98-6
Year: 1998
Question Presented:

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?

Number: 98-5
Year: 1998
Question Presented:

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?

Number: 98-4
Year: 1998
Question Presented:

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?

Number: 98-3
Year: 1998
Question Presented:

May a judge's staff engage in political activity with respect to local elections?

Number: 98-2
Year: 1998
Question Presented:

May a clerk magistrate serve on the board of directors of a bank?

Number: 98-1
Year: 1998
Question Presented:

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?

Number: 97-7
Year: 1997
Question Presented:

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?

Number: 97-6
Year: 1997
Question Presented:

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?

Number: 97-5
Year: 1997
Question Presented:

Request withdrawn, opinion never issued

Number: 97-4
Year: 1997
Question Presented:

Can a judge serve as a board member of the University of Nebraska at Lincoln's Chancellor's Committee of Visitors?

Number: 97-3
Year: 1997
Question Presented:

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...