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Nebraska Amendment 2, Judicial Disciplinary Actions Measure (1984)

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Nebraska Amendment 2

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Election date

November 6, 1984

Topic
State judiciary oversight
Status

ApprovedApproved

Type
Legislatively referred constitutional amendment
Origin

State legislature



Nebraska Amendment 2 was on the ballot as a legislatively referred constitutional amendment in Nebraska on November 6, 1984. It was approved.

A "yes" vote supported amending the state constitution to change provisions and procedures relating to disciplinary actions against judges.

A "no" vote opposed amending the state constitution to change provisions and procedures relating to disciplinary actions against judges.


Election results

Nebraska Amendment 2

Result Votes Percentage

Approved Yes

411,193 77.53%
No 119,207 22.47%
Results are officially certified.
Source


Text of measure

Ballot title

The ballot title for Amendment 2 was as follows:

Constitutional amendment to change provisions and procedures relating to disciplinary actions against judges.

[ ] For

[ ] Against

Ballot summary

The ballot summary for this measure was:

A vote FOR this proposal will (a) provide that whenever the Commission on Judicial Qualifications determines that disciplinary action of any kind should be taken against a judge of any court in the state, it shall issue one or more short announcements confirming the filed complaint, the subject and nature of it, the disciplinary action recommended or reprimand issued, giving the date of the hearing, clarifying procedures and stating the right of the judge to a fair hearing; and (b) provide that when the commission determines that disciplinary action is not warranted, and when the initiation of such procedures has become publicly known, the judge involved may waive the confidentiality of the papers and proceedings otherwise guaranteed.

A vote AGAINST this proposal will (a) continue the present system and procedures relating to disciplinary actions against judges, including the right of the Commission to issue private reprimands when formal open hearings are not thought necessary, and would not require the Commission to issue the public announcements referred to above whenever it was determined that disciplinary action of any kind was warranted; and (b) would not add the provision that when the Commission determines disciplinary action is not warranted, and the existence of a complaint or investigation has become publicly known, the judge involved could waive the present requirement of confidentiality of the papers and proceedings.

Full Text

The full text of this measure is available here.


Path to the ballot

See also: Amending the Nebraska Constitution

A 60% supermajority vote is required during one legislative session for the Nebraska State Legislature to place a constitutional amendment on the ballot. That amounts to a minimum of 30 votes in the unicameral legislature, assuming no vacancies. Amendments do not require the governor's signature to be referred to the ballot. A simple majority vote is required for voter approval. However, the number of affirmative votes cast for the measure must be greater than 35% of the total votes cast in the election. This also applies to citizen initiatives.

See also


External links

Footnotes