Peter Bataillon
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2000 - Present
2029
25
Peter Bataillon is a judge of the Nebraska 4th District Court. He assumed office in 2000. His current term ends on January 4, 2029.
Bataillon ran for re-election for judge of the Nebraska 4th District Court. He won in the retention election on November 8, 2022.
Biography
Education
Bataillon received his B.S. in business administration from Northwest Missouri State University in 1973. He was awarded a J.D. from Creighton University School of Law in 1977.[1]
Career
- 2000-Present: Judge, District 4, Nebraska
- 1977-2000: Attorney in private practice
Awards and associations
- Former chairman, Metro Right to Life[2]
Elections
2022
See also: Municipal elections in Douglas County, Nebraska (2022)
Nebraska 4th District Court, Peter Bataillon's seat
Peter Bataillon was retained to the Nebraska 4th District Court on November 8, 2022 with 64.5% of the vote.
Retention Vote |
% |
Votes |
|||
| ✔ | Yes |
64.5
|
93,221 | ||
No |
35.5
|
51,293 | |||
Total Votes |
144,514 | ||||
|
|
2016
Nebraska held retention elections for local judicial offices on November 8, 2016. The filing deadline for candidates who wished to run for retention was August 1, 2016.[3] Peter Bataillon was retained in the Nebraska District 4, Seat 2 election with 69.50 percent of the vote. [4]
| Nebraska District 4, Seat 2, 2016 | ||
|---|---|---|
| Name | Yes votes | |
 Peter Bataillon | 69.50% | |
| Source: Nebraska Secretary of State, "Unofficial Results: General Election - November 8, 2016: Judicial," accessed November 9, 2016 | ||
2010
- See also: Nebraska judicial elections, 2010
Bataillon was retained to the 4th District with 66.46 percent of the vote in 2010.[5][6]
Campaign themes
2022
Ballotpedia survey responses
See also: Ballotpedia's Candidate Connection
Peter Bataillon did not complete Ballotpedia's 2022 Candidate Connection survey.
2012 judicial performance evaluation
Every two years, the Nebraska State Bar Association compiles responses from lawyers to evaluate judges in the state. Subjects are rated in seven categories: legal analysis; impartiality; attentiveness; opinions; judicial temperament and demeanor; appropriate communication; and timeliness. A recommendation on whether a judge should be retained is then made, based on the ratings.
89.6 percent of respondents stated Judge Bataillon should be retained in office. To read the full evaluation, see: Nebraska State Bar Association, 2012 Evaluation Results.
Judicial selection method
- See also: Assisted appointment
The 55 judges of the Nebraska District Courts are appointed by the governor with help from a nominating commission. When a vacancy occurs on one of the courts, 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 state supreme court is authorized to select a new judge.[7][8]
Judges serve initial terms of three years, at which point they must run in yes-no retention elections occurring during the next general election. Subsequent terms last six years.[7]
The chief judge of each district court is chosen by peer vote.[7]
To serve on one of the Nebraska District Courts, a judge must be:[7]
- a U.S. citizen;
- a state resident;
- a resident of the district he or she represents (for district judges);
- over the age of 30;
- experienced with more than five years of state practice; and
- a member of the state bar.
Noteworthy events
Ethics complaint filed against Bataillon
Sue Ellen Wall, a Lincoln attorney, filed an ethics complaint against Bataillon over his handling of a case involving a 16-year-old girl who needed court approval to obtain an abortion without parental consent. (See Notable case below.) According to Wall, Bataillon's history of affiliation with anti-abortion groups made it impossible for him to decide the case on its merits. However, the Nebraska Commission on Judicial Qualifications stated in a letter to Wall that it was not authorized to take action against judges for their legal decisions. Only the Nebraska Court of Appeals and the Nebraska Supreme Court could determine whether a judge's decision followed state law.
The Nebraska Supreme Court issued a decision on October 4, 2013, upholding Bataillon's ruling in the case. The court indicated it could not consider the issue of bias on appeal, and said the parties should have raised the issue with Bataillon when he was hearing the case.[2]
Noteworthy cases
16-year-old denied abortion request
On October 4, 2013, the Nebraska Supreme Court upheld Bataillon's decision to refuse a 16-year-old girl's request for an abortion. The girl, who is a ward of the state and under foster care, requested a court order for the abortion because she feared she would lose her placement if her foster parents found out about her pregnancy.[9]
The girl's attorney, Catherine Mahern, argued no consent was needed under Nebraska Department of Health and Human Services regulations, which provide that "if a ward decides to have an abortion, the consent of the parent(s) or Department is not required," though parental notification may be required.[10][11] Bataillon, who according to court records served on an anti-abortion committee called Metro Right to Life in the 1980s, refused to grant the request. During the court proceeding, he asked the girl whether or not she knew: "When you have the abortion, it's going to kill the child inside you."[11] Judge Bataillon then ruled the girl was not mature enough to make such a decision, and the foster parents would serve as guardians for the purposes of her case.[9]
"Probably the most disturbing aspect of this case was the judge's treatment of this young lady, referring to killing her baby. Who talks to a distressed 16-year-old girl like that?" stated Mahern, expressing her dismay regarding Judge Bataillon's decision.[11]
The 5-2 decision by the Nebraska Supreme Court confirmed Judge Bataillon's ruling, agreeing that the girl was not mature or well-informed enough to make such a decision on whether or not to have an abortion. The girl, who was initially placed in foster care because she suffered abuse in the custody of her biological parents, was also unable to prevail in her argument under the abuse exemption which would negate the parental consent requirement in cases where abuse was prevalent. The court found that the abuse exemption was inapplicable because the girl had not been able to prove that she had been abused by a parent or current guardian.[11]
Justices William Connolly and Michael McCormack dissented. Justice Connolly opined that the since the girl had no legal parents, she was unable to seek parental consent, and that the parental consent law could and should be constitutionally challenged as it was applied to wards of the state. In his dissenting opinion, Connolly wrote: "I realize that this conclusion means that none of the statutory exceptions apply and that under (the state law), the petitioner is prohibited from obtaining an abortion. An absolute ban on the petitioner's right to seek an abortion obviously raises constitutional concerns."[11]
See also
2022 Elections
External links
Footnotes
- ↑ Court biography of Judge Peter C. Bataillon
- ↑ 2.0 2.1 Omaha.com, "Ethics panel dismisses complaint filed agai[nst judge," December 9, 2013]
- ↑ Nebraska Secretary of State, "2016 Election Calendar," accessed December 7, 2015
- ↑ Nebraska Secretary of State, "Judicial Candidate List for retention in office," August 1, 2016
- ↑ Nebraska Secretary of State, "2010 General Election Results," accessed October 9, 2015
- ↑ Nebraska Secretary of State, Judges running for retention
- ↑ 7.0 7.1 7.2 7.3 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
- ↑ 9.0 9.1 OpposingViews.com, "16-Year-Old Girl’s Request For Abortion Denied By Nebraska Supreme Court," October 5, 2013
- ↑ Raw Story, "Nebraska Supreme Court rules 16-year-old ‘not mature enough’ for abortion," October 5, 2013
- ↑ 11.0 11.1 11.2 11.3 11.4 Chron.com, "Neb. high court nixes teen's request for abortion," October 4, 2013
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
