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Judicial selection in Nebraska
| Judicial selection in Nebraska | |
 | |
| Nebraska Supreme Court | |
| Method: | Assisted appointment |
| Term: | 3 or 6 years[1] |
| Nebraska Court of Appeals | |
| Method: | Assisted appointment |
| Term: | 3 or 6 years[1] |
| Nebraska District Courts | |
| Method: | Assisted appointment |
| Term: | 3 or 6 years[1] |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Nebraska, including:
- Nebraska Supreme Court,
- Nebraska Court of Appeals,
- Nebraska District Courts, and
- Limited jurisdiction courts
As of April 2025, all Nebraska judges were selected through the assisted appointment method, where the governor selects a nominee from a list provided by a nominating commission.
Click here to notify us of changes to judicial selection methods in this state.
Nebraska Supreme Court
- See also: Nebraska Supreme Court
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.[2][3] 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.[3][4]
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.[5]
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.[6]
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.[7]
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.[5]
The map below highlights how vacancies are filled in state supreme courts across the country.
Nebraska Court of Appeals
- See also: Nebraska Court of Appeals
The six judges of the Nebraska Court of Appeals are selected through the assisted appointment method. The governor appoints each new judge from a list of at least two qualified nominees assembled by a judicial nominating commission.[2][3] There are separate judicial nominating commissions for each district of the court of appeals. 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.[3][4]
Judges 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.[7]
Qualifications
To serve on the Nebraska Court of Appeals, a person must:
- be a resident of the state;
- be at least 30 years old;
- be a U.S. citizen;
- have practiced law in Nebraska for at least five years; and
- be a member of the state bar.[8]
Chief judge
The judges of the Nebraska Court of Appeals select a chief judge by peer vote. Once approved by the supreme court, the chief judge serves in that role for a two-year term.[9]
Vacancies
When a vacancy occurs on the Nebraska Court of Appeals, 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.[4]
Nebraska District Courts
- See also: Nebraska District Courts
The judges of the Nebraska District Courts are selected through the assisted appointment method. The governor appoints each new judge from a list of at least two qualified nominees assembled by a judicial nominating commission.[2][3] There are separate judicial nominating commissions for each district. 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.[3][4]
Judges 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.[7]
Qualifications
To serve on one of the Nebraska District Courts, 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;
- be a resident of the judicial district for which they are being appointed.[10]
Presiding judge
The presiding judge of each district court is selected by peer vote for a one-year term. This is subject to approval by the supreme court.[7]
Vacancies
When a vacancy occurs in one of the district courts, 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.[4]
Limited jurisdiction courts
Nebraska has three types of limited jurisdiction courts: county courts, separate juvenile courts, and workers' compensation court.
Nebraska County Courts
- See also: Nebraska County Courts
Judges of the Nebraska County Courts are selected through the assisted appointment method. The governor appoints each new judge from a list of at least two qualified nominees assembled by a judicial nominating commission. Judges 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.[11][4]
To serve on a county court, a judge 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 county court district.[12]
Nebraska Separate Juvenile Courts
- See also: Nebraska Separate Juvenile Courts
Judges of the Nebraska Separate Juvenile Courts are selected through the assisted appointment method. The state has three separate juvenile courts which are located in Douglas, Lancaster, and Sarpy Counties. The governor appoints each new judge from a list of at least two qualified nominees assembled by a judicial nominating commission. Judges 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.[13][4]
A separate juvenile court judge 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 district served by the court.[14]
Nebraska Workers' Compensation Court
- See also: Nebraska Workers' Compensation Court
Judges of the Nebraska Workers' Compensation Court are selected through the assisted appointment method. The governor appoints each new judge from a list of at least two qualified nominees assembled by a judicial nominating commission. Judges 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.[15][4]
A workers' compensation court judge 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 state.[16]
History
Below is a timeline noting changes to judicial selection methods in Nebraska, presented in reverse chronological order.
- 1990: Nebraska passed a constitutional amendment creating the court of appeals, with judges selected through the assisted appointment method.[17]
- 1974: Nebraska adopted the assisted appointment method of judicial selection for county court judges.[17]
- 1962: Nebraska adopted the assisted appointment method of judicial selection for supreme court justices and district court judges.[17]
- 1920: The term for serving as a county court judge was increased from two years to four years.[17]
- 1909: The Nebraska State Legislature passed the Nonpartisan Judiciary Act, which prohibited judicial candidates from being "nominated, indorsed [sic], recommended, censure, criticized or referred to in any manner by any political party, or any political convention or primary, or at any primary election; and no party name or designation shall be given upon any ballot to any candidate." The Nebraska Supreme Court found the law unconstitutional in State ex rel. Ragan v. Junkin.[18][17]
- 1875: Nebraska's 1875 constitution established that district judges would be elected to four-year terms and that county judges would be elected to two-year terms.[19][17]
- 1866: Nebraska's 1866 constitution established that supreme court justices would be elected to six-year terms by popular vote and that the justices would convene district courts.[19][17]
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.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[20]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[21] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: Members of the state Bar Association are responsible for electing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.0 1.1 1.2 Initial terms are at least three years. Subsequent terms are six years.
- ↑ 2.0 2.1 2.2 National Center for State Courts, "Judicial Selection in the States: Nebraska | Overview," accessed August 16, 2021 Cite error: Invalid
<ref>tag; name "overview" defined multiple times with different content Cite error: Invalid<ref>tag; name "overview" defined multiple times with different content - ↑ 3.0 3.1 3.2 3.3 3.4 3.5 National Center for State Courts, "Judicial Selection in the States: Nebraska | Judicial Nominating Commissions," accessed August 16, 2021 Cite error: Invalid
<ref>tag; name "commission" defined multiple times with different content Cite error: Invalid<ref>tag; name "commission" defined multiple times with different content Cite error: Invalid<ref>tag; name "commission" defined multiple times with different content - ↑ 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 Nebraska Legislature, "Nebraska State Constitution Article V-21," accessed August 16, 2021
- ↑ 5.0 5.1 State of Nebraska Judicial Branch, "Branch Overview," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-202," accessed August 16, 2021
- ↑ 7.0 7.1 7.2 7.3 National Center for State Courts, "Methods of Judicial Selection: Nebraska," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-1102," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-1101," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-301," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-820," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 24-505.01," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 43-2,114," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 43-2,118," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 48-152," accessed August 16, 2021
- ↑ Nebraska Legislature, "Nebraska Revised Statute 48-153.01," accessed August 16, 2021
- ↑ 17.0 17.1 17.2 17.3 17.4 17.5 17.6 National Center for State Courts, "History of Reform Efforts: Nebraska," accessed August 16, 2021
- ↑ Westlaw, "State ex rel. Ragan v. Junkin," August 18, 1909
- ↑ 19.0 19.1 Nebraska Legislature, "The Nebraska Constitution: 1866-2016," accessed August 16, 2021
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
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
