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Nebraska Court of Appeals
| Nebraska Court of Appeals | |||
 | |||
| Court information | |||
| Judges: | 6 | ||
| Founded: | 1991 | ||
| Salary: | Associates: $213,803[1] | ||
| Judicial selection | |||
| Method: | Assisted appointment | ||
| Term: | 6 years | ||
| Published opinions | |||
The Nebraska Court of Appeals is the intermediate appellate court in Nebraska. It was established by a constitutional amendment on September 6, 1991, and is primarily located in the state capitol in Lincoln. For convenience, the court occasionally travels to other cities to hear cases.[2] There are six judges on the court. The districts from which the court of appeals judges are appointed are the same as those used for the six supreme court justices.[2]
In Nebraska, all parties seeking to appeal a lower court decision must appeal the case directly to the court of appeals. Exceptions to this rule include cases involving a sentence of death or life imprisonment or cases involving the constitutionality of a statute. These cases are appealed directly to the Nebraska Supreme Court.[2] In cases that would ordinarily be appealed to the court of appeals, parties can petition the supreme court to bypass the court of appeals. If the supreme court grants the petition, the case is moved directly to the supreme court.[2]
Judges
| Judge | Tenure | Appointed By |
|---|---|---|
|
August 23, 2012 - Present |
David Heineman |
|
|
July 19, 2013 - Present |
David Heineman |
|
|
June 24, 2011 - Present |
David Heineman |
|
|
July 1, 2025 - Present |
Jim Pillen |
|
|
2018 - Present |
Pete Ricketts |
|
|
January 28, 2000 - Present |
Mike Johanns |
Judicial selection
- See also: Judicial selection in Nebraska
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.[3][4] 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.[4][5]
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.[6]
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.[7]
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.[8]
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.[5]
Salary
In 2024, the associate judges of the court received a salary of $213,803, according to the National Center for State Courts.[9]
Elections
2022
The terms of four Nebraska intermediate appellate court judges 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.[10]
District 1
Nebraska Court of Appeals District 1, Riko E. Bishop's seat
Riko E. Bishop was retained to District 1 of the Nebraska Court of Appeals on November 8, 2022 with 72.9% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
72.9
|
61,747 | ||
No |
27.1
|
22,914 | |||
Total Votes |
84,661 | ||||
|
|
District 3
Nebraska Court of Appeals District 3, Francie Riedmann Weis' seat
Francie Riedmann Weis was retained to District 3 of the Nebraska Court of Appeals on November 8, 2022 with 73.6% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
73.6
|
67,427 | ||
No |
26.4
|
24,217 | |||
Total Votes |
91,644 | ||||
|
|
District 5
Nebraska Court of Appeals District 5, Lawrence Welch's seat
Lawrence Welch was retained to District 5 of the Nebraska Court of Appeals on November 8, 2022 with 75.9% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
75.9
|
65,834 | ||
No |
24.1
|
20,849 | |||
Total Votes |
86,683 | ||||
|
|
District 6
Nebraska Court of Appeals District 6, Frankie Moore's seat
Frankie J. Moore was retained to District 6 of the Nebraska Court of Appeals on November 8, 2022 with 76.9% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
76.9
|
67,245 | ||
No |
23.1
|
20,237 | |||
Total Votes |
87,482 | ||||
|
|
2020
The terms of two Nebraska Court of Appeals justices expired on January 7, 2021. The two seats were up for retention election on November 3, 2020. A full term on the court is six years.
Judges with expiring terms
Candidates and results
District 2: Pirtle's seat
Nebraska Court of Appeals District 2, Pirtle's seat
Michael Pirtle was retained to District 2 of the Nebraska Court of Appeals on November 3, 2020 with 68.7% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
68.7
|
84,466 | ||
No |
31.3
|
38,560 | |||
Total Votes |
123,026 | ||||
|
|
District 4: Arterburn's seat
Nebraska Court of Appeals District 4, Arterburn's seat
David Arterburn was retained to District 4 of the Nebraska Court of Appeals on November 3, 2020 with 72.2% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
72.2
|
94,754 | ||
No |
27.8
|
36,517 | |||
Total Votes |
131,271 | ||||
|
|
2018
- See also: Nebraska judicial elections, 2018
No judges' terms expired in 2019.
2016
Judges who faced retention
District 1
District 3
District 5
District 6
Election results
November 8 general election
Riko E. Bishop was retained with 76.10% of the vote.
| Nebraska Court of Appeals, Bishop's seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
 Riko E. Bishop | 76.10% | |
| Source: Nebraska Secretary of State Official Results | ||
Francie Riedmann Weis was retained with 72.45% of the vote.
| Nebraska Court of Appeals, Weis's seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Francie Riedmann Weis | 72.45% | |
| Source: Nebraska Secretary of State Official Results | ||
Everett Inbody was retained with 73.51% of the vote.
| Nebraska Court of Appeals, Inbody's seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Everett Inbody | 73.51% | |
| Source: Nebraska Secretary of State Official Results | ||
Frankie Moore was retained with 76.02% of the vote.
| Nebraska Court of Appeals, Moore's seat, 2016 | ||
|---|---|---|
| Name | Yes votes | |
| Frankie Moore | 76.02% | |
| Source: Nebraska Secretary of State Official Results | ||
2014
Retention
| Judge | Election Vote |
|---|---|
| John Irwin | 68.5%  |
| Michael Pirtle | 67.6% |
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."[11]
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.)[12]
State profile
| Demographic data for Nebraska | ||
|---|---|---|
| Nebraska | U.S. | |
| Total population: | 1,893,765 | 316,515,021 |
| Land area (sq mi): | 76,824 | 3,531,905 |
| Race and ethnicity** | ||
| White: | 88.1% | 73.6% |
| Black/African American: | 4.7% | 12.6% |
| Asian: | 2% | 5.1% |
| Native American: | 0.9% | 0.8% |
| Pacific Islander: | 0.1% | 0.2% |
| Two or more: | 2.2% | 3% |
| Hispanic/Latino: | 10% | 17.1% |
| Education | ||
| High school graduation rate: | 90.7% | 86.7% |
| College graduation rate: | 29.3% | 29.8% |
| Income | ||
| Median household income: | $52,997 | $53,889 |
| Persons below poverty level: | 14.6% | 11.3% |
| Source: U.S. Census Bureau, "American Community Survey" (5-year estimates 2010-2015) Click here for more information on the 2020 census and here for more on its impact on the redistricting process in Nebraska. **Note: Percentages for race and ethnicity may add up to more than 100 percent because respondents may report more than one race and the Hispanic/Latino ethnicity may be selected in conjunction with any race. Read more about race and ethnicity in the census here. | ||
Presidential voting pattern
- See also: Presidential voting trends in Nebraska
Nebraska voted Republican in all seven presidential elections between 2000 and 2024.
Pivot Counties (2016)
Ballotpedia identified 206 counties that voted for Donald Trump (R) in 2016 after voting for Barack Obama (D) in 2008 and 2012. Collectively, Trump won these Pivot Counties by more than 580,000 votes. Of these 206 counties, one is located in Nebraska, accounting for 0.5 percent of the total pivot counties.[13]
Pivot Counties (2020)
In 2020, Ballotpedia re-examined the 206 Pivot Counties to view their voting patterns following that year's presidential election. Ballotpedia defined those won by Trump won as Retained Pivot Counties and those won by Joe Biden (D) as Boomerang Pivot Counties. Nationwide, there were 181 Retained Pivot Counties and 25 Boomerang Pivot Counties. Nebraska had one Retained Pivot County, 0.55 percent of all Retained Pivot Counties.
More Nebraska coverage on Ballotpedia
- Elections in Nebraska
- United States congressional delegations from Nebraska
- Public policy in Nebraska
- Endorsers in Nebraska
- Nebraska fact checks
- More...
See also
External links
Footnotes
- ↑ The salary of the chief judge may be higher than an associate judge.
- ↑ 2.0 2.1 2.2 2.3 The Nebraska Judicial Branch, "Court of Appeals," accessed March 17, 2014
- ↑ National Center for State Courts, "Judicial Selection in the States: Nebraska | Overview," accessed August 16, 2021
- ↑ 4.0 4.1 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 - ↑ 5.0 5.1 Nebraska Legislature, "Nebraska State Constitution Article V-21," accessed August 16, 2021
- ↑ 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
- ↑ National Center for State Courts, "2024 Salaries and Rankings," accessed October 7, 2024
- ↑ Nebraska Secretary of State, "2022 Official Election Calendar," accessed November 4, 2021
- ↑ State of Nebraska Judicial Branch, "Article 3: Nebraska Revised Code of Judicial Conduct. (Effective January 1, 2011.)," accessed June 27, 2015
- ↑ Nebraska Legislature, "Nebraska State Constitution Article III-17," accessed August 18, 2025
- ↑ The raw data for this study was provided by Dave Leip of Atlas of U.S. Presidential Elections.
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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
