Attorney General of Nebraska

Nebraska Attorney General
General information
Office Type:	Partisan
Office website:	Official Link
2012-13 FY Budget:	$5,795,369
Term limits:	None
Structure
Authority:	Nebraska Constitution, Article IV, Section I
Selection Method:	Elected
Current Officeholder
Name:	Jon Bruning
Officeholder Party:	Republican
Assumed office:	2002
Compensation:	$95,000
Elections
Next election:	November 4, 2014
Last election:	November 2, 2010
Other Nebraska Executive Offices
Governor • Lieutenant Governor • Secretary of State • Attorney General • Treasurer • Auditor • Commissioner of Education • Agriculture Director • Insurance Director • Natural Resources Director • Labor Commissioner • Public Service Commission

The Attorney General of Nebraska is the chief representative for legal matters of for the state of Nebraska. The attorney general is separated into the civil litigation bureau, criminal bureau, legal services bureau and the public protection bureau. The duties and authority of the office are derived from the State Constitution, statutory enactments and common law.

Current officeholder

The current officeholder is Jon Bruning. He was first elected to the office in 2002 and was subsequently re-elected in 2006 and 2010, both times unopposed.

Authority

The state Constitution addresses the office of attorney general in Article IV, the Executive Department.

Under Article IV, Section I:

The executive officers of the state shall be the Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, and the heads of such other executive departments as set forth herein or as may be established by law.

Elections

The Office of Attorney General is a publicly elected position with elections held every four years. Elections are held in November and officers assume their duties the following January. There are no term limits. (Nebraska Constitution, Article IV § 1)

2010

See also: Nebraska Attorney General election, 2010

• 2010 Race for Attorney General - Republican Primary and General Elections
  • Jon Bruning ran unopposed in both contests

2006

• 2006 Race for Attorney General - Republican Primary and General Elections
  • Jon Bruning ran unopposed in both contests

2002

• 2002 Race for Attorney General - Republican Primary
  • Jon Bruning ran unopposed

2002 Race for Attorney General - General Election
Candidates		Percentage
Jon Bruning (R)		66%
Mike Meister (D)		34%
Total votes		443,499

Vacancies

As established by Article IV, Section 11 of the Nebraska Constitution, in the event of a vacancy in the office of attorney general, the governor fills the office by appointment. The appointee serves until a successor is elected and qualified.

Divisions

• Civil Litigation Bureau: this department works on civil rights claims, inmate litigation, worker's compensation, tort claim lawsuits, employment discrimination, and equal opportunity commission.
• Criminal Bureau: this department working on child protection, criminal appeals, domestic violence and internet safety.
• Legal Services Bureau: provides legal advice to over 60 state agencies, boards, commissions, departments and offices. The department also is in charge of antitrust, probate, and escheat, and other specialized matters including election law and constitutional litigation. The Legal Services Bureau researches and drafts most Attorney General Opinions for review by the Attorney General and also review rules and regulations for statutory authority and constitutionality.
• Public Protection Bureau: enforces laws and regulations for agriculture, environment and & natural resources. This department is also in charge of consumer protections; health and licensing; the Medicaid Fraud Control Unit; Tobacco Enforcement; the Liquor Control Commission; One-Call Notification Act (the bureau files actions for civil penalties against individuals who fail to call the Digger’s Hotline prior to excavation of a pipeline site); and Administrative License Revocation.

Duties

General duties

Some of the general duties of the office of the Attorney General include:

• Uphold and defend the Constitution and laws of the State of Nebraska;
• Achieve a higher level of public safety and security by promoting vigorous prosecution of murderers, drug dealers, child abusers and other criminals;
• Promote stronger law enforcement and reform in criminal procedure and criminal law;
• Provide skilled assistance to local prosecutors in highly technical or complex cases involving murder, illegal drugs and the prosecution of child sexual abuse;
• Prevent and prosecute consumer fraud and deceptive trade practices, and protect Nebraskans from fraudulent business activities and scams through educational outreach;
• Uphold and protect the civil rights of all Nebraskans;
• Defend Nebraska's interests in disputes with other states over irrigation water and stream flows;
• Protect the public health and safety of Nebraskans by vigorously pursuing disciplinary actions against health care professionals who endanger the public by violations of health regulations or drug laws;
• Provide professional legal representation in all civil proceedings on behalf of the state;
• Reduce the time and resources devoted by the state to defending claims by inmates of correctional facilities.

Role in the initiative process

Unlike many states, Nebraska's initiative guidelines dictate that a ballot title is not issued until signatures are being verified. Thus the attorney general does not receive a copy of the ballot until the signatures are turned into the state four months prior to the election.

It is at this point that the attorney general will assign a ballot title to the initiative, which will be certified by the Nebraska secretary of state.

The attorney general will then write a ballot question that summarizes the initiative in 100 words or less. The office is also in charge of writing the effect of a vote for or against the measure, both items which will appear on the ballot.

Ballot language court appeals

If any citizen believes the ballot language is not sufficient or fair, they may file in District Court asking for the language to be changed. This must occur within ten days after the language is filed with the secretary of state.

If there aren't any appeal, then the language written by the attorney general is considered final and is issued to the secretary of state for official placement on the ballot.

Campaign finance

Main article: Campaign finance requirements for Nebraska ballot measures

The Attorney General of Nebraska is responsible for handling all prosecutions of criminal violations of Nebraska's campaign finance laws. The first step in filing a complaint is to file with the Nebraska Accountability and Disclosure Commission. It is up to the NADC to determine probable cause of a complaint before the Attorney General can move on with prosecution the case. The NADC handles all civil law violations.

State budget

The budget for the Attorney General's office in Fiscal Year 2012-13 was $5,795,369.

Compensation

See also: Compensation of state executive officers

In 2012, the Attorney General of Nebraska was paid an estimated $95,000 according to the Council of State Governments.

The state Constitution addresses compensation for state executive officials in Article IV, Section 25.

The officers provided for in this article shall receive such salaries as may be provided by law. Such officers, or such other officers as may be provided for by law, shall not receive for their own use any fees, costs, or interest upon public money in their hands.

Contact information

Office of the Attorney General
2115 State Capitol
Lincoln, NE 68509
Phone:402-471-2682
Fax:402-471-3297

See also

• Jon Bruning, Attorney General of Nebraska
• Governor of Nebraska
• Lieutenant Governor of Nebraska
• Nebraska Secretary of State
• Nebraska Constitution

External links

Suggest a link

• Nebraska Attorney General
• Initiative and Referendum Process