NEBRASKA CONSTITUTION
ARTICLE V
JUDICIAL
Art. V §1 | POWER VESTED IN COURTS; CHIEF JUSTICE; POWERS
Art. V §2 | SUPREME COURT; NUMBER OF JUDGES; QUORUM; JURISDICTION; RETIRED JUDGES, TEMPORARY DUTY; COURT DIVISIONS; ASSIGNMENTS BY CHIEF JUSTICE
Art. V §3 | TERMS OF SUPREME COURT
Art. V §4 | CHIEF JUSTICE AND JUDGES OF THE SUPREME COURT; SELECTION; RESIDENCE; LOCATION OF OFFICES
Art. V §5 | SUPREME COURT JUDICIAL DISTRICTS; REDISTRICTING; WHEN
Art. V §6 | CHIEF JUSTICE TO PRESIDE
Art. V §7 | CHIEF JUSTICE; ASSOCIATE JUSTICES; QUALIFICATIONS
Art. V §8 | SUPREME COURT APPOINT STAFF; BUDGET; COPYRIGHT OF STATE REPORTS
Art. V §9 | DISTRICT COURTS; JURISDICTION; FELONS MAY PLEAD GUILTY; SENTENCE
Art. V §10 | DISTRICT COURT JUDICIAL DISTRICTS
Art. V §11 | DISTRICT COURT JUDGES; CHANGE OF NUMBER; BOUNDARIES
Art. V §12 | DISTRICT COURT JUDGES MAY HOLD COURT FOR EACH OTHER; RETIRED JUDGES, TEMPORARY DUTY
Art. V §13 | SUPREME AND DISTRICT JUDGES; SALARIES
Art. V §14 | SUPREME AND DISTRICT JUDGES NOT TO ACT AS ATTORNEYS; JUDGE NOT TO PRACTICE LAW, WHEN
Art. V §15 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §16 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §17 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §18 | REPEALED 1970. LAWS 1969, C. 419, SEC. 1(2), P. 1432
Art. V §19 | PRACTICE OF ALL COURTS TO BE UNIFORM
Art. V §20 | OFFICERS IN THIS ARTICLE; TENURE; RESIDENCE; DUTIES; COMPENSATION
Art. V §21 | MERIT PLAN FOR SELECTION OF JUDGES; TERMS OF OFFICE; FILLING OF VACANCIES; PROCEDURE; VOTING FOR NOMINEE
(2) In all other cases, any vacancy shall be filled as provided by law.
(3) At the next general election following the expiration of three years from the date of appointment of any judge under the provisions of subsection (1) of this section and every six years thereafter as long as such judge retains office, each Justice or Judge of the Supreme Court or district court or such other court or courts as the Legislature shall provide shall have his right to remain in office subject to approval or rejection by the electorate in such manner as the Legislature shall provide; Provided, that every judge holding or elected to an office described in subsection (1) of this section on the effective date of this amendment whether by election or appointment, upon qualification shall be deemed to have been selected and to have once received the approval of the electorate as herein provided, and shall be required to submit his right to continue in office to the approval or rejection of the electorate at the general election next preceding the expiration of the term of office for which such judge was elected or appointed, and every six years thereafter. In the case of the Chief Justice of the Supreme Court, the electorate of the entire state shall vote on the question of approval or rejection. In the case of any Judge of the Supreme Court, other than the Chief Justice, and any judge of the district court or any other court made subject to subsection (1) of this section, the electorate of the district from which such judge was selected shall vote on the question of such approval or rejection.
(4) There shall be a judicial nominating commission for the Chief Justice of the Supreme Court and one for each judicial district of the Supreme Court and of the district court and one for each area or district served by any other court made subject to subsection (1) of this section by law. Each judicial nominating commission shall consist of nine members, one of whom shall be a Judge of the Supreme Court who shall be designated by the Governor and shall act as chairman, but shall not be entitled to vote. The members of the bar of the state residing in the area from which the nominees are to be selected shall designate four of their number to serve as members of said commission, and the Governor shall appoint four citizens, not admitted to practice law before the courts of the state, from among the residents of the same geographical area to serve as members of said commission. Not more than four of such voting members shall be of the same political party. The terms of office for members of each judicial nominating commission shall be staggered and shall be fixed by the Legislature. The nominees of any such commission cannot include a member of such commission or any person who has served as a member of such commission within a period of two years immediately preceding his nomination or for such additional period as the Legislature shall provide. The names of candidates shall be released to the public prior to a public hearing.
(5) Members of the nominating commission shall vote for the nominee of their choice by roll call. Each candidate must receive a majority of the voting members of the nominating commission to have his name submitted to the Governor.
Art. V §22 | STATE MAY SUE AND BE SUED
Art. V §23 | JURISDICTION OF JUDGES AT CHAMBERS
Art. V §24 | STYLE OF PROCESS
Art. V §25 | SUPREME COURT TO PROMULGATE RULES OF PRACTICE; TO MAKE RECOMMENDATIONS TO LEGISLATURE
Art. V §26 | PROVISO AS TO EFFECT OF AMENDMENT
Art. V §27 | JUVENILE COURTS; AUTHORIZATION
Art. V §28 | COMMISSION ON JUDICIAL QUALIFICATIONS; APPOINTMENT; COMPOSITION; QUALIFICATIONS
(2) three members of the Nebraska State Bar Association who shall have practiced law in this state for at least ten years and who shall be appointed by the Executive Council of the Nebraska State Bar Association;
(3) three citizens, none of whom shall be a Justice or Judge of the Supreme Court or judge of any court, active or retired, nor a member of the Nebraska State Bar Association, and who shall be appointed by the Governor; and
(4) the Chief Justice of the Supreme Court, who shall serve as its chairperson.
Art. V §29 | COMMISSION ON JUDICIAL QUALIFICATIONS; VOTE OF MAJORITY REQUIRED FOR ACTION
Art. V §30 | JUDGES; DISCIPLINE; REMOVAL FROM OFFICE; GROUNDS; PROCEDURE
(b) willful disregard of or failure to perform his or her duties,
(c) habitual intemperance,
(d) conviction of a crime involving moral turpitude,
(e) disbarment as a member of the legal profession licensed to practice law in the State of Nebraska, or
(f) conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or he or she may be retired for physical or mental disability seriously interfering with the performance of his or her duties if such disability is determined to be permanent or reasonably likely to become permanent.
(2) The Supreme Court shall review the record of the proceedings and in its discretion may permit the introduction of additional evidence. The Supreme Court shall make such determination as it finds just and proper, and may order the reprimand, discipline, censure, suspension, removal, or retirement of such Justice or Judge of the Supreme Court or other judge, or may wholly reject the recommendation. Upon an order for retirement, the Justice or Judge of the Supreme Court or other judge shall thereby be retired with the same rights and privileges as if he or she had retired pursuant to statute. Upon an order for removal, the Justice or Judge of the Supreme Court or other judge shall be removed from office, his or her salary shall cease from the date of such order, and he or she shall be ineligible for judicial office. Upon an order for suspension, the Justice or Judge of the Supreme Court or other judge shall draw no salary and shall perform no judicial functions during the period of suspension. Suspension shall not create a vacancy in the office of Justice or Judge of the Supreme Court or other judge.
(3) Upon order of the Supreme Court, a Justice or Judge of the Supreme Court or other judge shall be disqualified from acting as a Justice or Judge of the Supreme Court or other judge, without loss of salary, while there is pending
(b) a recommendation to the Supreme Court by the Commission on Judicial Qualifications for his or her removal or retirement.
(b) may suspend a Justice or Judge of the Supreme Court or other judge from office without salary when in any court in the United States such justice or judge is found guilty of a crime punishable as a felony under Nebraska or federal law or of any other crime that involves moral turpitude.
(5) All papers filed with and proceedings before the commission or masters appointed by the Supreme Court pursuant to this section prior to a reprimand or formal open hearing shall be confidential. The filing of papers with and the testimony given before the commission or masters or the Supreme Court shall be deemed a privileged communication.
When the Commission on Judicial Qualifications determines that disciplinary action is warranted, whether it be a reprimand or otherwise, the Commission on Judicial Qualifications shall issue one or more short announcements confirming that a complaint has been filed; stating the subject and nature of the complaint, the disciplinary action recommended or reprimand issued, or the date of the hearing; clarifying the procedural aspects; and reciting the right of a judge to a fair hearing.
When the Commission on Judicial Qualifications determines that disciplinary action is not warranted, and the existence of any investigation or complaint has become publicly known, the judge against whom a complaint has been filed or investigation commenced may waive the confidentiality of papers and proceedings under this subsection.
The Supreme Court shall by rule provide for procedure under this section before the commission, the masters, and the Supreme Court.
(6) No Justice or Judge of the Supreme Court or other judge shall participate, as a member of the commission, or as a master, or as a member of the Supreme Court, in any proceedings involving his or her own reprimand, discipline, censure, suspension, removal, or retirement.
Art. V §31 | JUDGES; PROCEDURE FOR REMOVAL FROM OFFICE CUMULATIVE
This material might help you recover from the damages that lawbreaking judges/lawyers/agencies/organizations have inflicted upon you [and/or the public] (see this example of a Florida judge who outright committed perjury).
Perhaps it'll [even] help you navigate through your state's administrative gauntlet. A gauntlet which might include – but not be limited to:
- State Agency Bribery;
- State Agency Corruption;
- State Agency Obstruction; and
- State Agency Self-Discrimination
Sincerely,
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