Nebraska Supreme Court

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Nebraska Supreme Court
State-Supreme-Courts-Ballotpedia-template.png
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

See also: How vacancies are filled in state supreme courts

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

2016

Justices who faced retention

Chief justice

Michael Heavican Green check mark transparent.png

District 6

John Wright Green check mark transparent.png

District 3

William Cassel Green check mark transparent.png

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
Green check mark transparent.pngMichael Heavican73.37%
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
Green check mark transparent.pngJohn Wright75.61%
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
Green check mark transparent.pngWilliam Cassel72.65%
Source: Nebraska Secretary of State Official Results

2014

Retention

JudgeElection Vote
Miller-LermanLindsey Miller-Lerman68.4% ApprovedA

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)

See also: Ballotpedia Courts: Determiners and Dissenters

Ballotpedia Courts Determiners and Dissenters navigation ad.png 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

Ballotpedia Courts State Partisanship navigation ad.png 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.

SSC by state.png


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 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.

The structure of Nebraska's state court 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.

Year 92 93 94 95 96 97 98 99 00 01 02 03 04 05 06 07 08 09 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Governor D D D D D D D R R R R R R R R R R R R R R R R R R R R R R R R R R
Senate - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

See also

Nebraska Judicial Selection More Courts
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Courts in Nebraska
Nebraska Court of Appeals
Nebraska Supreme Court
Elections: 202520242023202220212020201920182017
Gubernatorial appointments
Judicial selection in Nebraska
Federal courts
State courts
Local courts

External links

Footnotes

  1. The salary of the chief justice may be higher than an associate justice.
  2. State of Nebraska Judicial Branch, "Supreme Court," accessed August 18, 2021
  3. Nebraska Judicial Branch, "Branch Overview," accessed April 20, 2020
  4. Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
  5. Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
  6. History Nebraska,"Archives Record: Nebraska Supreme Court," accessed June 21, 2024
  7. Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
  8. Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
  9. National Center for State Courts, "Judicial Selection in the States: Nebraska⁠ | Overview," accessed August 16, 2021
  10. 10.0 10.1 National Center for State Courts, "Judicial Selection in the States: Nebraska⁠ | Judicial Nominating Commissions," accessed August 16, 2021
  11. Nebraska Legislature, "Nebraska State Constitution Article V-21," accessed August 16, 2021
  12. 12.0 12.1 State of Nebraska Judicial Branch, "Branch Overview," accessed August 16, 2021
  13. Nebraska Legislature, "Nebraska Revised Statute 24-202," accessed August 16, 2021
  14. National Center for State Courts, "Methods of Judicial Selection: Nebraska," accessed August 16, 2021
  15. Nebraska Secretary of State, "2022 Official Election Calendar," accessed November 4, 2021
  16. Nebraska Judicial Branch, "Publications & Reports," accessed October 5, 2022
  17. Nebraska Judicial Branch, "Supreme Court and Court of Appeals Annual Caseload Report - Fiscal Year 2024," accessed September 25, 2024
  18. State of Nebraska Judicial Branch, "Publications & Reports," accessed August 18, 2021
  19. 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.
  20. 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.
  21. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  22. Journal Storage,"Slipping Backward: A History of the Nebraska Supreme Court," accessed June 21, 2024
  23. National Archives,"Kansas-Nebraska Act (1854)," accessed June 21, 2024
  24. History Nebraska,"Nebraska Territorial Court Records," accessed June 21, 2024
  25. Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
  26. WikiSource,"Nebraska Constitution of 1866," accessed June 21, 2024
  27. Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
  28. Oxford University Press,"The Nebraska State Constitution," accessed June 21, 2024
  29. State of Nebraska Judicial Branch, "Article 3: Nebraska Revised Code of Judicial Conduct. (Effective January 1, 2011.)," accessed June 27, 2015
  30. National Center for State Courts, "Methods of Judicial Selection: Nebraska, Removal of Judges," accessed June 27, 2015