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Nebraska Supreme Court justice vacancy (February 2018)
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| Kelch Vacancy Nebraska Supreme Court |
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Selection process Media coverage About Justice Kelch |
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| Recent news External links Footnotes |
Nebraska Supreme Court Justice Max Kelch retired on February 15, 2018. In his resignation letter to Governor Pete Ricketts, Kelch wrote, "After much deliberation, I have decided it is best for my family to submit my resignation."[1] Kelch's resignation was prompted by an ethics investigation, according to a report from the Omaha World-Herald published on February 5, 2018.[2]
On March 21, 2018, Gov. Pete Ricketts (R) appointed Jonathan Papik to fill Kelch's seat. Papik was Ricketts' fourth appointment to the seven-member supreme court.
The appointee
Ricketts appointed Jonathan Papik to fill Kelch's seat. At the time of his appointment, Papik was in private practice in Omaha, NE. He earned his J.D. from Harvard Law School in 2008. He previously clerked for then-Judge Neil Gorsuch, who was later appointed to the United States Supreme Court by President Donald Trump (R).[3]
Selection process
The seven justices of the Nebraska Supreme Court are appointed by the governor with help from a nominating commission. When a vacancy occurs, a judicial nominating commission submits the names of at least two qualified candidates to the governor, who appoints one to fill the vacancy. If the governor fails to appoint a candidate within 60 days, the chief justice of the supreme court is authorized to select a new judge.[4][5]
Each judicial district has its own judicial nominating commission. Each commission consists of nine members: one Nebraska supreme court judge who acts as chairman but does not vote, four attorneys selected by the members of the state bar who are district residents, and four non-attorney district residents selected by the governor. No more than four of the voting members may belong to the same political party.[6]
Judges serve initial terms of three years, at which point they must stand in yes-no retention elections occurring during the next general election in order to remain on the bench. Subsequent terms last six years. Click here to learn more about Nebraska judicial elections.[4]
Media coverage
This section provides an overview of media coverage of the vacancy from within the state and across the country.[7] Selected articles are presented as a jumping-off point for deeper exploration of media coverage and as an overview of narratives that have emerged surrounding the vacancy. Articles exploring similar topics or conflicts are grouped into sections, with the most recent articles appearing at the top of each section. The following types of coverage are featured:
- Prospective appointees: Articles discussing potential appointees to fill the vacancy.
- The retiring judge: Articles discussing the retiring judge.
Appointee candidates and nominations
- Lori Pilger, Lincoln Journal Star (February 20, 2018):
- "Six attorneys and two judges have submitted their names for consideration to fill the seat of resigned Nebraska Supreme Court Justice Max Kelch.
- They are: attorneys Christine Costantakos, Patrick Guinan, Jonathan Papik, John Svoboda and T. Randall Wright, all of Omaha; Cathy Trent-Vilim of La Vista; Douglas County District Court Judge Leigh Ann Retelsdorf; and Cass, Otoe and Sarpy County District Judge Michael A. Smith of Springfield...
- The Judicial Nominating Commission will hold a public hearing in the Sarpy County Boardroom in Papillion on March 12 at 1:30 p.m. to hear from the candidates and get information from the public."[8]
The retiring judge
- Todd Cooper and Joe Duggan, The Omaha World-Herald (February 5, 2018):
- "Nebraska Supreme Court Judge Max Kelch’s abrupt resignation last month came in the face of an ethics investigation, two officials told The World-Herald.
- The officials wouldn’t discuss details, but one said the allegations against Kelch are in line with the national #MeToo movement that has resulted in resignations of actors, politicians, business executives and judges over questions of sexual misconduct. Attorneys and former colleagues — including two women — told The World-Herald that Kelch’s judicial career has been pocked with sexual comments to women."[2]
About Justice Kelch
Kelch was appointed to the bench by Governor Pete Ricketts (R) on February 3, 2016.[9] Before his appointment to the supreme court, Kelch served as a judge on the 2nd District Court in Nebraska. He served in that position from 2007 to 2016.[10][11]
Kelch began his legal career in 1982. He previously worked as a deputy attorney in Nemaha County, Syracuse City, and Nebraska City, a special prosecutor in Johnson County, an Otoe County attorney, and a private practice lawyer. Kelch received his B.S. from the University of Nebraska at Lincoln in 1979 and his J.D. from the University of Nebraska College of Law in 1981.[10]
See also
External links
Footnotes
- ↑ Lincoln Journal Star, "Justice Max Kelch resigns from Nebraska Supreme Court," January 24, 2018
- ↑ 2.0 2.1 Omaha World-Herald, "Nebraska Supreme Court judge resigned after ethics complaint; sexual comments emerge," February 5, 2018
- ↑ Omaha World-Herald, "Governor quickly fills one vacancy on Nebraska Supreme Court with appointment of Omaha attorney," March 21, 2018
- ↑ 4.0 4.1 American Judicature Society, "Methods of Judicial Selection: Nebraska," archived October 2, 2014
- ↑ American Judicature Society, "Methods of Judicial Selection: Nebraska; Judicial Nominating Commissions," archived January 13, 2012
- ↑ State of Nebraska Judicial Branch, "Judicial Nominating Commissioner's Manual," accessed January 26, 2018
- ↑ In selecting articles for inclusion on this page, Ballotpedia has drawn from a variety of sources and viewpoints to identify articles that are representative of broader trends in media coverage.
- ↑ Lincoln Journal Star, "8 vying to fill the spot of Justice Max Kelch on Nebraska Supreme Court," February 20, 2018
- ↑ Lincoln Journal Star, "Ricketts appoints judge to Supreme Court," accessed February 4, 2016
- ↑ 10.0 10.1 Nebraska Judicial Branch, "Honorable Max J. Kelch," accessed August 2, 2016
- ↑ Nebraska Judicial Branch, "District Court Judge Address List," accessed December 10, 2014
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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
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