Nebraska Supreme Court
Nebraska Supreme Court |
---|
Court Information |
Justices: 7 |
Founded: 1866 |
Location: Lincoln, Nebraska |
Salary |
Associates: $225,055[1] |
Judicial Selection |
Method: Assisted appointment (Hybrid) |
Term: 6 years |
Active justices |
William Cassel, John Freudenberg, Jeffrey Funke, Lindsey Miller-Lerman, Jonathan Papik, Stephanie Stacy |
Founded in 1866, the Nebraska Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Jeffrey Funke.
As of August 2021, six judges on the court were appointed by a Republican governor, and one judge was appointed by a Democratic governor.
The Nebraska Supreme Court meets in the state capitol building in Lincoln, Nebraska.[2]
In Nebraska, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Jurisdiction
The supreme court has discretionary jurisdiction over cases appealed from the Nebraska Court of Appeals. It has mandatory jurisdiction over cases involving sentences of death or life imprisonment, and cases questioning the constitutionality of state statutes. The court also has a supervisory role over attorney admission and discipline. The supreme court has general administrative authority over all lower courts.[3] The court also has jurisdiction over certain election contests. Appellate jurisdiction is limited to review of judgments and final orders.[4]
The court's original jurisdiction includes revenue cases, civil cases where the state is a party, Mandamus, Quo warranto, Habeas Corpus, and in election cases involving state officers other than members of the state legislature. The court has original jurisdiction in cases where a Writ is filed against anyone unlawfully holding or exercising public office or franchise.[5]
Supreme court judges constitute the board of directors of the state law library.[6]
The chief justice of the supreme court also has administrative oversight of the judicial branch of government. This includes serving as a central source of information for the courts, creating training courses for judges and personnel, and developing plans to improve the judicial branch. The court has authority to create qualifications and admit attorneys into the practice of law in the state. The court has the power to regulate the practice of law.[7]
The following text from Article V, Section 2 of the Nebraska Constitution covers the jurisdiction of the court:
“ |
Supreme Court; Number of Judges; Quorum; Jurisdiction; Retired Judges, Temporary Duty; Court Divisions; Assignments by Chief Justice The Supreme Court shall consist of seven judges, one of whom shall be the Chief Justice. A majority of the judges shall be necessary to constitute a quorum. A majority of the members sitting shall have authority to pronounce a decision except in cases involving the constitutionality of an act of the Legislature. No legislative act shall be held unconstitutional except by the concurrence of five judges. The Supreme Court shall have jurisdiction in all cases relating to the revenue, civil cases in which the state is a party, mandamus, quo warranto, habeas corpus, election contests involving state officers other than members of the Legislature, and such appellate jurisdiction as may be provided by law. The Legislature may provide that any judge of the Supreme Court or judge of the appellate court created pursuant to Article V, section 1, of this Constitution who has retired may be called upon for temporary duty by the Supreme Court. Whenever necessary for the prompt submission and determination of causes, the Supreme Court may appoint judges of the district court or the appellate court to act as associate judges of the Supreme Court, sufficient in number, with the judges of the Supreme Court, to constitute two divisions of the court of five judges in each division. Whenever judges of the district court or the appellate court are so acting, the court shall sit in two divisions, and four of the judges thereof shall be necessary to constitute a quorum. Judges of the district court or the appellate court so appointed shall serve during the pleasure of the court and shall have all the powers of judges of the Supreme Court. The Chief Justice shall make assignments of judges to the divisions of the court, preside over the division of which he or she is a member, and designate the presiding judge of the other division. The judges of the Supreme Court, sitting without division, shall hear and determine all cases involving the constitutionality of a statute and all appeals involving capital cases and may review any decision rendered by a division of the court. In such cases, in the event of the disability or disqualification by interest or otherwise of any of the judges of the Supreme Court, the court may appoint judges of the district court or the appellate court to sit temporarily as judges of the Supreme Court, sufficient to constitute a full court of seven judges. Judges of the district court or the appellate court shall receive no additional salary by virtue of their appointment and service as herein provided, but they shall be reimbursed their necessary traveling and hotel expenses.[8] |
” |
—Nebraska Constitution Article V, Section 2 |
Justices
The table below lists the current justices of the Nebraska Supreme Court, their political party, and when they assumed office.
Office | Name | Party | Date assumed office |
---|---|---|---|
Nebraska Supreme Court Chief Justice | Jeffrey Funke | Nonpartisan | November 1, 2024 |
Nebraska Supreme Court District 1 | Stephanie Stacy | Nonpartisan | September 28, 2015 |
Nebraska Supreme Court District 2 | Lindsey Miller-Lerman | Nonpartisan | September 1, 1998 |
Nebraska Supreme Court District 3 | William Cassel | Nonpartisan | May 9, 2012 |
Nebraska Supreme Court District 4 | Jonathan Papik | Nonpartisan | 2018 |
Nebraska Supreme Court District 6 | John Freudenberg | Nonpartisan | July 6, 2018 |
Judicial selection
- See also: Judicial selection in Nebraska
The seven justices on the Nebraska Supreme Court are selected through the assisted appointment method. The governor appoints each new justice from a list of at least two qualified nominees assembled by a judicial nominating commission.[9][10] There are separate judicial nominating commissions for each supreme court district, as well as the chief justiceship. Each commission is made up of nine members. Members of the Nebraska State Bar Association select four lawyers and the governor appoints four nonlawyers. The ninth member is a supreme court justice who serves as chairman but does not vote.[10][11]
Justices must run in a yes-no retention election during the first general election occurring after they have been on the court for three years. Subsequent terms last six years.[12]
Qualifications
To serve on the Nebraska Supreme Court, a person must:
- be at least 30 years old;
- be a U.S. citizen;
- have practiced law in Nebraska for at least five years;
- be a member of the state bar; and
- be a resident of the judicial district for which they are being appointed.[13]
Chief justice
The chief justice of the supreme court is selected through the same assisted appointment method as other justices on the court and serves in that role for the duration of his or her time on the court.[14]
Vacancies
When a vacancy occurs on the Nebraska Supreme Court, a judicial nominating commission submits the names of at least two qualified nominees to the governor, who appoints one to fill the vacancy. If the governor does not appoint one of the nominees within 60 days, the chief justice of the supreme court is authorized to select a new judge.[12]
The map below highlights how vacancies are filled in state supreme courts across the country.
Elections
- See also: Nebraska Supreme Court elections
2024
- See also: Nebraska Supreme Court elections, 2024
The term of one Nebraska Supreme Court justice expired on January 3, 2025. The one seat was up for retention election on November 5, 2024. The filing deadline was August 1, 2024.
Candidates and results
Nebraska Supreme Court District 1
Stephanie Stacy was retained to District 1 of the Nebraska Supreme Court on November 5, 2024 with 76.1% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
76.1
|
84,146 | ||
No |
23.9
|
26,439 | |||
Total Votes |
110,585 |
|
2022
- See also: Nebraska Supreme Court elections, 2022
The terms of four Nebraska Supreme Court justices expired on January 5, 2023. The four seats were up for retention election on November 8, 2022. Judicial officeholders had until August 1, 2022, to file for retention.[15]
Candidates and results
Chief Justice: Heavican's seat
Nebraska Supreme Court Chief Justice, Michael Heavican's seat
Michael Heavican was retained to Chief Justice of the Nebraska Supreme Court on November 8, 2022 with 71.3% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
71.3
|
375,342 | ||
No |
28.7
|
151,269 | |||
Total Votes |
526,611 |
|
District 3: Cassel's seat
Nebraska Supreme Court District 3, William Cassel's seat
William Cassel was retained to District 3 of the Nebraska Supreme Court on November 8, 2022 with 72.4% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
72.4
|
67,276 | ||
No |
27.6
|
25,648 | |||
Total Votes |
92,924 |
|
District 4: Papik's seat
Nebraska Supreme Court District 4, Jonathan Papik's seat
Jonathan Papik was retained to District 4 of the Nebraska Supreme Court on November 8, 2022 with 66.9% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
66.9
|
53,844 | ||
No |
33.1
|
26,586 | |||
Total Votes |
80,430 |
|
District 6: Freudenberg's seat
Nebraska Supreme Court District 6, John Freudenberg's seat
John Freudenberg was retained to District 6 of the Nebraska Supreme Court on November 8, 2022 with 76.2% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
76.2
|
67,676 | ||
No |
23.8
|
21,172 | |||
Total Votes |
88,848 |
|
2020
- See also: Nebraska Supreme Court elections, 2020
The terms of two Nebraska Supreme Court justices expired on January 7, 2021. The two seats were up for retention election on November 3, 2020.
Candidates and results
District 2: Miller-Lerman's seat
Nebraska Supreme Court District 2, Miller-Lerman's seat
Lindsey Miller-Lerman was retained to District 2 of the Nebraska Supreme Court on November 3, 2020 with 74.2% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
74.2
|
93,025 | ||
No |
25.8
|
32,350 | |||
Total Votes |
125,375 |
|
District 5: Funke's seat
Nebraska Supreme Court District 5, Funke's seat
Jeffrey Funke was retained to District 5 of the Nebraska Supreme Court on November 3, 2020 with 78.8% of the vote.
Retention Vote |
% |
Votes |
|||
✔ | Yes |
78.8
|
93,418 | ||
No |
21.2
|
25,152 | |||
Total Votes |
118,570 |
|
2018
- See also: Nebraska Supreme Court elections, 2018
Candidates and results
District 1: Stacy's seat
General election candidates
- Stephanie Stacy (Incumbent) (Nonpartisan) ✔
2016
Justices who faced retention
Election results
November 8 general election
Michael Heavican was retained with 73.37% of the vote.
Nebraska Supreme Court, Heavican's seat, 2016 | ||
---|---|---|
Name | Yes votes | |
Michael Heavican | 73.37% | |
Source: Nebraska Secretary of State Official Results |
John Wright was retained in the Nebraska Supreme Court, Wright's seat election with 75.61% of the vote.
Nebraska Supreme Court, Wright's seat, 2016 | ||
---|---|---|
Name | Yes votes | |
John Wright | 75.61% | |
Source: Nebraska Secretary of State Official Results |
William Cassel was retained with 72.65% of the vote.
Nebraska Supreme Court, Cassel's seat, 2016 | ||
---|---|---|
Name | Yes votes | |
William Cassel | 72.65% | |
Source: Nebraska Secretary of State Official Results |
2014
Retention
Judge | Election Vote |
---|---|
Lindsey Miller-Lerman | 68.4% |
Caseloads
The table below details the number of cases filed with the court and the number of dispositions (decisions) the court reached in each year.[16][17]
Nebraska Supreme Court caseload data[18] | ||
---|---|---|
Year | Filings | Dispositions |
2024 | 61 | 169 |
2023 | 56 | 219 |
2022 | 61 | 189 |
2021 | 61 | 255 |
2020 | 52 | 258 |
2019 | 56 | 277 |
2018 | 67 | 303 |
2017 | 77 | 284 |
2016 | 63 | 209 |
2015 | 50 | 286 |
2014 | 49 | 220 |
2013 | 47 | 256 |
2012 | 72 | 210 |
2011 | 52 | 184 |
2010 | 59 | 220 |
2009 | 78 | 275 |
2008 | 54 | 250 |
Analysis
Ballotpedia Courts: Determiners and Dissenters (2021)
In 2020, Ballotpedia published Ballotpedia Courts: Determiners and Dissenters, a study on how state supreme court justices decided the cases that came before them. Our goal was to determine which justices ruled together most often, which frequently dissented, and which courts featured the most unanimous or contentious decisions.
The study tracked the position taken by each state supreme court justice in every case they decided in 2020, then tallied the number of times the justices on the court ruled together. We identified the following types of justices:
- We considered two justices opinion partners if they frequently concurred or dissented together throughout the year.
- We considered justices a dissenting minority if they frequently opposed decisions together as a -1 minority.
- We considered a group of justices a determining majority if they frequently determined cases by a +1 majority throughout the year.
- We considered a justice a lone dissenter if he or she frequently dissented alone in cases throughout the year.
Summary of cases decided in 2020
- Number of justices: 7
- Number of cases: 198
- Percentage of cases with a unanimous ruling: 98.5% (195)
- Justice most often writing the majority opinion: Justice Jeffrey Funke (29)
- Per curiam decisions: 22
- Concurring opinions: 10
- Justice with most concurring opinions: Justice Lindsey Miller-Lerman (4)
- Dissenting opinions: 3
- Justice with most dissenting opinions: Justice Jonathan Papik (2)
For the study's full set of findings in Nebraska, click here.
Ballotpedia Courts: State Partisanship (2020)
- See also: Ballotpedia Courts: State Partisanship
Last updated: June 15, 2020
In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.
The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation, based on a variety of factors. This was not a measure of where a justice fell on the political or ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. To arrive at confidence scores we analyzed each justice's past partisan activity by collecting data on campaign finance, past political positions, party registration history, as well as other factors. The five categories of Confidence Scores were:
- Strong Democrat
- Mild Democrat
- Indeterminate[19]
- Mild Republican
- Strong Republican
We used the Confidence Scores of each justice to develop a Court Balance Score, which attempted to show the balance among justices with Democratic, Republican, and Indeterminate Confidence Scores on a court. Courts with higher positive Court Balance Scores included justices with higher Republican Confidence Scores, while courts with lower negative Court Balance Scores included justices with higher Democratic Confidence Scores. Courts closest to zero either had justices with conflicting partisanship or justices with Indeterminate Confidence Scores.[20]
Nebraska had a Court Balance Score of 6.57, indicating Republican control of the court. In total, the study found that there were 15 states with Democrat-controlled courts, 27 states with Republican-controlled courts, and eight states with Split courts. The map below shows the court balance score of each state.
Bonica and Woodruff campaign finance scores (2012)
In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan outlook of state supreme court justices in their paper, "State Supreme Court Ideology and 'New Style' Judicial Campaigns." A score above 0 indicated a more conservative-leaning ideology while scores below 0 were more liberal. The state Supreme Court of Nebraska was given a campaign finance score (CFscore), which was calculated for judges in October 2012. At that time, Nebraska received a score of -0.18. Based on the justices selected, Nebraska was the 20th most liberal court. The study was based on data from campaign contributions by judges themselves, the partisan leaning of contributors to the judges, or—in the absence of elections—the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice but rather an academic gauge of various factors.[21]
Noteworthy cases
For a full list of opinions published by the court, click here. Know of a case we should cover here? Let us know by emailing us.
History of the court
Before Nebraska became a territory in 1854, the few settlers who were in the territory were governed by French or Spanish colonial administrators from New Orleans, and then as a part of various other territories after the 1803 Louisiana Purchase. Beginning in 1854, Nebraska included parts of Colorado, Wyoming, Montant, North Dakota, and South Dakota. The November 1854 census counted 2,732 white residents, including 929 males over 21 years of age. Territorial judicial power was vested in a supreme court, district courts, probate courts, and justices of the peace. The three supreme court justices were appointed by the U.S. president to four-year terms. The court served an appellate function in the territory, and was divided into three judicial districts, with one of the supreme court justices presiding over each district. The supreme court also supervised the lower courts. The territorial governor was given power to define the court districts, assign judges, and appoint the time and place that court would be held. The territorial legislature was empowered to alter these decisions.[22][23][24][25]
Nebraska implemented its first constitution when it achieved statehood in 1867. The judiciary was structured in much the same way as in the territorial period with a supreme court, district courts, probate courts, and justices of the peace, while authorizing the legislature to establish additional lower courts. The three justices were elected by voters to six-year terms. The state was divided into three districts with each supreme court justice serving a district court in one district. The court had appellate jurisdiction, except in revenue, Mandamus, Quo warranto, Habeas Corpus, and impeachment cases. The constitution authorized the legislature to increase the number of justices and the number of judicial districts in the state after 1875, however a constitutional convention was held before that date and a new constitution approved. .[26]
The 1875 Nebraska Constitution (the state's current constitution) provided for a separate and enlarged district court system so that supreme court judges would no longer sit as district court judges, thus hearing appeals of cases they may have previously decided. The constitution changed the name of supreme court associate justices to supreme court associate judges. It provided for three supreme court judges elected at large. A Nebraska Term Limits and Salaries of Judges, Amendment 1 (1908) constitutional amendment in 1908 increased the number of judges to seven and set six-year terms. The Nebraska Supreme Court Justice Elections, Amendment 17 (September 1920) constitutional amendment required that six associate justices be elected from districts, while the chief justice remained an at-large seat. In 1962 this changed again with the Nebraska Appointment of Judges, Amendment 6 (1962) where Assisted appointment of state court judges was implemented.[27]
Another amendment that passed in 1920, the Nebraska Supreme Court Agreement, Amendment 16 (September 1920) requires an extraordinary majority (5 judges) for a state statute to be declared unconstitutional.[28]
Ethics
The Nebraska Code of Judicial Conduct sets forth ethical guidelines and principles for the conduct of judges and judicial candidates in Nebraska. It is composed of four canons:
- Canon 1: "A judge shall uphold and promote the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety."
- Canon 2: "A judge shall perform the duties of judicial office impartially, competently, and diligently."
- Canon 3: "A judge shall conduct the judge’s personal and extrajudicial activities to minimize the risk of conflict with the obligations of judicial office."
- Canon 4: "A judge or candidate for judicial office shall not engage in political or campaign activity that is inconsistent with the independence, integrity, or impartiality of the judiciary."[29]
The full text of the Nebraska Code of Judicial Conduct can be found here.
Removal of judges
Judges in Nebraska may be removed in one of two ways:
- By the supreme court, based on a recommendation of the judicial qualifications commission
- Impeachment by a majority vote of the legislature; two-thirds of the supreme court must concur with the impeachment. (If a supreme court justice has been impeached, seven district court justices are selected to try the impeachment instead of the supreme court.)[30]
Courts in Nebraska
- See also: Courts in Nebraska
In Nebraska, there is one federal district court, a state supreme court, a state court of appeals, and trial courts with both general and limited jurisdiction.
Click a link for information about that court type.
The image below depicts the flow of cases through Nebraska's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Party control of Nebraska state government
A state government trifecta is a term that describes single-party government, when one political party holds the governor's office and has majorities in both chambers of the legislature in a state government. A state supreme court plays a role in the checks and balances system of a state government.
Nebraska has a Republican trifecta. The Republican Party controls the office of governor and the upper chamber of the state legislature. Nebraska's legislature does not have a lower chamber.
Nebraska Party Control: 1992-2024
Seven years of Democratic trifectas • Twenty-six years of Republican trifectas
Scroll left and right on the table below to view more years.
See also
External links
- State of Nebraska Judicial Branch | Supreme Court
- State of Nebraska Judicial Branch | Supreme Court Justices
Footnotes
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ State of Nebraska Judicial Branch, "Supreme Court," accessed August 18, 2021
- ↑ Nebraska Judicial Branch, "Branch Overview," accessed April 20, 2020
- ↑ Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
- ↑ Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
- ↑ History Nebraska,"Archives Record: Nebraska Supreme Court," accessed June 21, 2024
- ↑ Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Center for State Courts, "Judicial Selection in the States: Nebraska | Overview," accessed August 16, 2021
- ↑ 10.0 10.1 National Center for State Courts, "Judicial Selection in the States: Nebraska | Judicial Nominating Commissions," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska State Constitution Article V-21," accessed August 16, 2021
- ↑ 12.0 12.1 State of Nebraska Judicial Branch, "Branch Overview," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-202," accessed August 16, 2021
- ↑ National Center for State Courts, "Methods of Judicial Selection: Nebraska," accessed August 16, 2021
- ↑ Nebraska Secretary of State, "2022 Official Election Calendar," accessed November 4, 2021
- ↑ Nebraska Judicial Branch, "Publications & Reports," accessed October 5, 2022
- ↑ Nebraska Judicial Branch, "Supreme Court and Court of Appeals Annual Caseload Report - Fiscal Year 2024," accessed September 25, 2024
- ↑ State of Nebraska Judicial Branch, "Publications & Reports," accessed August 18, 2021
- ↑ An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
- ↑ The Court Balance Score is calculated by finding the average partisan Confidence Score of all justices on a state supreme court. For example, if a state has justices on the state supreme court with Confidence Scores of 4, -2, 2, 14, -2, 3, and 4, the Court Balance is the average of those scores: 3.3. Therefore, the Confidence Score on the court is Mild Republican. The use of positive and negative numbers in presenting both Confidence Scores and Court Balance Scores should not be understood to that either a Republican or Democratic score is positive or negative. The numerical values represent their distance from zero, not whether one score is better or worse than another.
- ↑ Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
- ↑ Journal Storage,"Slipping Backward: A History of the Nebraska Supreme Court," accessed June 21, 2024
- ↑ National Archives,"Kansas-Nebraska Act (1854)," accessed June 21, 2024
- ↑ History Nebraska,"Nebraska Territorial Court Records," accessed June 21, 2024
- ↑ Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
- ↑ WikiSource,"Nebraska Constitution of 1866," accessed June 21, 2024
- ↑ Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
- ↑ Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
- ↑ State of Nebraska Judicial Branch, "Article 3: Nebraska Revised Code of Judicial Conduct. (Effective January 1, 2011.)," accessed June 27, 2015
- ↑ National Center for State Courts, "Methods of Judicial Selection: Nebraska, Removal of Judges," accessed June 27, 2015
Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of Nebraska • U.S. Bankruptcy Court: District of Nebraska
State courts:
Nebraska Supreme Court • Nebraska Court of Appeals • Nebraska District Courts • Nebraska County Courts • Nebraska Separate Juvenile Courts • Nebraska Workers' Compensation Court • Nebraska Problem-Solving Courts
State resources:
Courts in Nebraska • Nebraska judicial elections • Judicial selection in Nebraska
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