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Honorable John F. Irwin

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2011

 

Judgeship
1992 – present 
Judge of the Nebraska Court of Appeals, 4th Judicial District
(Douglas and Sarpy Counties)
 
1998 - 2004
Chief Judge of the Nebraska Court of Appeals
 
Experience
1990 – 1992
Chief Criminal Sarpy County Attorney - Papillion, NE
 
1981 – 1990
Deputy Sarpy County Attorney - Papillion, NE
 
1977 – 1981
Private Practice Attorney - Omaha, NE
 
Education
Creighton University School of Law, 1977
Juris Doctorate
University of Nebraska-Omaha, 1974
Bachelor of Arts
 
Judicial / Law Related Activities
Professional Affiliations
American Bar Association
Nebraska State Bar Association
Omaha Bar Association
 
Teaching Experience
Creighton University School of Law, Appellate Litigation, 
Omaha, NE, 2005 – Present
 
Fellowships
Since 2008, Judge Irwin has served as a Faculty Fellow for the University of Nebraska Public Policy Center involved in research and scholarship on projects related to the law and judicial system, improving the law and judicial system, and more meaningful participation in governmental processes.
 
Publications
Implicit Bias Testimony:  An Emerging Frontier of Expert Opinion Testimony under Daubert v. Merrell Dow Pharmaceuticals, Inc. Still Unexplored in Nebraska; Honorable John F. Irwin, Daniel L. Real, and Ruth A. Hargens Horvatich, 
(Publisher Pending 2011)
 
Judicial Independence and Retention Votes; Hon. John F. Irwin & Daniel L. Real, Judicial Independence and Retention Votes, 
The Nebraska Lawyer (January 2011)
 
New Processes Designed to Dispose of Your Appeals in One Year or Less; Hon. John F. Irwin & Hon. Richard D. Sievers, 
The Nebraska Lawyer (January 2011)
 
Unconscious Influences on Judicial Decision-Making: The Illusion of Objectivity; Hon. John F. Irwin & Daniel L. Real, Unconscious Influences on Judicial Decision-Making: The Illusion of Objectivity, 
43 McGeorge Law Review 1 (2010)
 
The Illusion of Objectivity; Hon. John F. Irwin, 
The Nebraska Lawyer (September 2010)
 
Fostering Judicial Independence:  Seeking to Improve the Retention Vote Phase of an Appointive Selection System
Hon. John F. Irwin & Daniel L. Real, 
34 Ford. Urb, L.J. 453 (2007)
 
Thoughts About Enriching Judicial Independence by Improving the Retention Vote Phase of Appointive Selection Systems,  
Hon. John F. Irwin & Daniel L. Real, 
43 Court Rev. 60 (2006)
 
Tradition Not Term Limits, Hon. John F. Irwin 
The Nebraska Lawyer (August 2006)
 
National and State Projects
National Chair-2012 Annual Meeting of the National Consortium on Racial and Ethnic Fairness in the Courts, Omaha, NE, May 9-12, 2012
 
State Chair-iCivis Project (National Chair Justice Sandra Day O'Connor), 2011–Present 
 
President/Officer/Director, Committee Chair-National Council of Chief Judges, 2001-Present 
 
Chair, Council of Chief Judges National Campaign to Establish Affiliation with the National Center for State Courts, 2005-2006
 
Co-Chair, Criminal and Juvenile Subcommittee of the Nebraska Supreme Court Minority Justice Committee, 2000-Present
 
Strategic Planning Facilitation
Pennsylvania Interbranch Commission for Gender, Racial, and Ethnic Fairness, Pittsburgh, PA, (Phase Two), June 2009
 
Pennsylvania Interbranch Commission for Gender, Racial, and Ethnic Fairness, Pittsburgh, Pennsylvania, (Phase One), December 2008
 
National Consortium on Racial and Ethnic Fairness in the Courts Executive Committee Strategic Planning Process, Public Policy Center Faculty Fellow, Seattle, Oregon, April 2008
 
NSBA House of Delegates Strategic Planning Project, Lincoln, NE, April 2008
 
Chair-National Council of Chief Judges Long Range Planning Committee 2008 - Present
 
Chair-Nebraska Appellate Courts’ Long Range Planning Steering Committee, Lincoln, NE, 2007-2008
 
Speeches and Presentations
Nebraska State Bar Association Continuing Legal Education: Workers 
Compensation Section Seminar; Omaha, Nebraska, 
November 04, 2011 
 
Nebraska Judicial Branch Leadership Conference, 
Lincoln, Nebraska, June 9, 2011
 
Keynote Speaker-Omaha Bar Association’s Memorial Service, 
Omaha City/County Legislative Chambers, May 11, 2011
 
University of Nebraska Law and Psychology Visiting Scholar Program, Evolving Issues in Discrimination: Social Science and Legal Perspectives, 
Lincoln, Nebraska, April 20-April, 2011
 
Creighton University School of Law, Complex Issues in Juvenile Court Law III, 
Omaha, Nebraska, November 5, 2010 
 
Nebraska State Bar Association Annual Meeting, Nebraska Judicial Branch Education, New Technology: Training More with Less, 
Omaha, Nebraska, October 20, 2010
 
Nebraska State Bar Association Annual Meeting, Practice and Procedure Committee, Practice & Procedure Essentials for Trial & Appeal, 
Omaha, Nebraska, October 20, 2010
 
ABA 14th Annual Appellate Practice Institute, 
Chicago, Illinois, May 2009
 
Robert Spire Inns of the Court, “Ask the Judges”, co-presentation with Chief Justice Michael Heavican, Nebraska Supreme Court; Judge William Riley, Eighth Circuit Court of Appeals; Judge Laurie Smith Camp, United States District Court for Nebraska; Judge Sandra Dougherty, District Court for Douglas County; Judge Wadie Thomas, Jr., Separate Juvenile Court for Douglas County; and Judge Todd Hutton, County Court for Sarpy County,
Creighton University School of Law, Omaha, NE, March 18, 2009
 
Nebraska State Bar Association Leadership Academy, 
Lincoln, Nebraska, March 13, 2009.
 
National Council of Chief Judges; Leading Beyond Theory, 
New Orleans, LA, October 2007
 
National Foundation for Judicial Excellence, E-Discovery and Spoliation on Appeal: The Convergence of Law and Technology, 
Chicago, Illinois, June 29, 2007
 
Robert Spire Inns of Court, Oral Advocacy, co-presentation with Judge William Riley, 8th Circuit Court of Appeals, 
Omaha, NE, February 13, 2007
 
Fordham Law School, New York City; Rethinking Judicial Selection: A Critical Appraisal of Appointive Selection for State Court Judges, 
New York, New York, April 7, 2006
 
Silencing the Court: Judicial Impartiality v. Free Speech, a Mock Supreme Court Argument, American Bar Association, Annual Meeting, Honolulu, HI, August 3-8, 2006
 
Judicial Ethics, Chautauqua, Iowa Bench/Bar Conference, 
Okoboji, IA, June 2-3, 2006
 
University of Nebraska-Lincoln, Board of Regents, 
Public Policy Center Presentation, 
September 10, 2004
 
Advanced Issues in Domestic Relations Law, 
University of Nebraska School of Law
February 27, 2004
 
ABA 13th Annual Appellate Practice Institute, 
Reno, Nevada, 2002
 
Nebraska State Bar Association, Annual Meeting, Annual Report on the State of the Judiciary, October 17, 2002
 
Co-Chair and Presenter, Nebraska Bench/Bar Conference, 2001
 
Leadership Tomorrow, Nebraska State Capitol, February 14, 2003
 
Nebraska State Bar Association, Annual Meeting, Annual Report on the State of the Judiciary, October 16, 2001
 
Nebraska Supreme Court Press Seminar, May 25, 2001
 
Leadership Tomorrow, Nebraska State Capitol, February 15, 2001
 
Nebraska State Bar Association, Annual Meeting, Annual Report on the State of the Judiciary, October 19, 2000
 
Walk Through the Courts--Lincoln, NE, Presentation for new attorneys. Sponsored by the Lincoln Bar Association, October 3, 2000
 
Appellate Judges Seminar, Asheville, NC; Trust and Confidence: Inside, Outside, and Between Courts, September 17-21, 2000
 
Iowa Bench/Bar Conference, Appellate Trust and Confidence in the Judiciary, May 18-20, 2000 
 
Leadership Tomorrow, Nebraska State Capitol, February 16, 2000
 
Nebraska Supreme Court Judicial Ethics Seminar Planning Committee, October, 1999
 
Judicial Branch Leadership Institute, 
Nebraska City, NE, December 13, 1999
 
Dodge County Bar Association, Fall Meeting, October 14, 1999
 
Walk Through the Courts--Lincoln, Presentation to new attorneys. Sponsored by the Lincoln Bar Association, October 12, 1999
 
Lawyer's Chautauqua, Similarities and Differences between the Iowa Court of Appeals and the Nebraska Court of Appeals, 
Okoboji, IA, June 4-5, 1999
 
Chair, Appellate Practice Seminar, Nebraska Continuing Legal Education, 1999
 
Leadership Tomorrow, Nebraska State Capitol, February 18, 1999
 
Appellate Practice Seminar with Chief Justice Hendry, Lincoln Bar Association, November 9, 1998
 
Walk Through the Courts--Lincoln, Presentation for new attorneys. Sponsored by the Lincoln Bar Association, October 20, 1998
 
Nebraska State Bar Association, Annual Meeting, Annual Report on the State of the Judiciary, October 14, 1998 
 
Dodge County Chamber of Commerce, 1992
 
Papillion Optimists, May 7, 1992
 
Omaha Regency West, Nebraska Association of Legal Assistants, 
April 30, 1992
 
Nebraska Supreme Court Settings
State ex rel Counsel for Discipline v. Thew, S-09-567, S-09-0820, S-10-0380
 
State v. Shambley, S-10-0556, February 4, 2011
 
Brook Valley limited Partnership v Mutual of Omaha Bank S-10-0043, 
February 4, 2011
 
In re Complaint against Florom, S-35-090001, 
March 31, 2010
 
Zawaideh v. NDHHS, S-10-0158, 
December 2, 2010
 
State v. Vela, S-07-138, 
Argued February 4, 2009
 
Eihusen v. Eihusen, S-05-523, 
Argued September 8, 2006
 
State v. Weaver, S-03-0458,
Argued March 5, 2004
 
Parks v. Merrill Lynch, S-02-1293, 
Argued March 2, 2004
 
Whipps Land & Cattle v. Level 3 Communications, S-01-1206
Argued January 10, 2003
 
State v. Michael Simms, S-98-1343, 
Argued September 1999
 
State v. Bjorklund, S-04-856, 
Argued February 1999
 
Bentley v. School District No. 0025 of Custer County, S-97-597,
Argued August 1998
 
State v. Hatcher, S-97-818, 
Argued August 1998
 
State v. Asa Carter,  
Argued August 1998
 
State v. Parmar, S-97-919, 
Argued August 1998
 
Organizations And Committees
Member, American Judicature Society National Advisory Board,
2011 – Present 
 
Chair, Nebraska Supreme Court Judicial Branch Education Committee, 
2001-Present 
 
Chair/Officer/Director, National Council of Chief Judges, 2001-Present 
 
Co-Chair, Criminal and Juvenile Justice Subcommittee of the Nebraska Supreme Court Minority Justice Committee, 2000-Present
 
Member, Nebraska State Bar Association Judiciary Committee, 
2005-Present
 
Member, 14th ABA Appellate Practice Institute Steering Committee,
Chicago, Illinois, 2007-2009
 
Co-Chair, Nebraska Appellate Judges’ Spring Education Meetings, 
Lincoln and Omaha, NE, Spring, 2005-2009
 
Secretary, American Bar Association Appellate Judge’s Conference 
(AJC), 2005-2007
 
Chair, American Bar Association Appellate Judge’s Conference (AJC) Bylaws Committee, 2005–2007
 
Co-Chair, Appellate Court Collaboration Conference, Honorable Major Harding, Former Chief of the Florida Supreme Court; and Constitutional Issues, Professor Pamela Karlan, Stanford School of Law, Stanford University; 
Lincoln, NE, 2006
 
Member, National Council of Chief Judges Education Committee,
1999 and 2006
 
President, National Council of Chief Judges, 2004-2005
 
Chair, Nebraska Judicial Ethics Advisory Committee, 2004-2006
 
Vice-Chair, Nebraska Judicial Ethics Advisory Committee, 2002-2004
 
Member, Judicial Ethics Advisory Committee, 1998-2006
 
Co-Chair, Nebraska Supreme Court Technology Committee, 1999-2004
 
Ex Officio Member, Nebraska House of Delegates, 2003 to 2004
 
Judicial Member, Robert Spire Inns of Court, 2000-2004
 
Compleat Appellate Judge Education Committee, American Bar Association, Washington D.C., 2000-2002
 
Chair, National Council of Chief Judges Education Committee, 2000
 
Member, Nebraska Supreme Court Judicial Ethics Seminar Planning Committee, 1999
 
Chair, Appellate Practice Seminar, Nebraska Continuing Legal Education, Inc., 1999
 
Team Member and Presenter, Symposium on the Future of Judicial Branch Education, ABA/AJC, St. Louis, MO, 1999 
 
Member, Nebraska Supreme Court Website Committee, 1998-2002
 
Educational Presentations Attended
The Pound Civil Justice Institute, 19th Annual Forum for State Appellate Court Judges, the Jury Trial Implosion:  The Decline of Trial by Juryand its Significance for Appellate Courts, 
New York, New York, July 9, 2011
 
National Consortium on Racial and Ethnic Fairness in the Courts, Diversity and All That Jazz: A Multi-Edged Sword, 
New Orleans, Louisiana, April 27-29, 2011.
 
National Foundation for Judicial Excellence, The Law of Nuisance: Bother, Bore, or Basis for Broad Causes of Action?
Chicago, Illinois, July 16-17, 2010.   
 
The Pound Civil Justice Institute, 18th Annual Forum for State Appellate Court Judges, Back to the Future: Pleading Again in the Age of Dickens? 
Vancouver, British Columbia, Canada, July 10, 2010.
 
National Consortium on Racial and Ethnic Fairness in the Courts, Transformative Tools for Delivering Justice in the 21st Century,
New Brunswick, New Jersey, April 28 - May 1, 2010
 
The Pound Civil Justice Institute, 17th Annual Forum for State Appellate Court Judges, Preemption: Will Traditional State Authority Survive?
 San Francisco, CA, July 25, 2009
 
Appellate Judges’ Spring Education Meetings, 
Omaha and Lincoln, NE, 2005-2009 
 
National Council of Chief Judges Annual Meetings, 1998-Present
 
The Pound Civil Justice Institute, 16th Annual Forum for State Appellate Court Judges, Summary Judgment on the Rise: Is Justice Falling, 
Philadelphia, PA, July 11-13, 2008
 
Spencer Grimes Appellate Judges Summit, Presented by the Appellate Judges Education Institute, Co-Sponsored by the Appellate Judges Conference of the ABA Judicial Division and the SMU Dedman School of Law, 
Washington D.C., September 2007
 
Aspen Ideas Festival, Annual Institute to foster values-based leadership, encouraging individuals to reflect on the ideals and ideas that define a good society, and to provide a neutral and balanced venue for discussing and acting on critical issues,
Aspen, CO, July, 2007 
 
National Foundation for Judicial Excellence, E-Discovery and Spoliation on Appeal: The Convergence of Law and Technology, 
Chicago, Illinois, June 2007
 
Courts and the Media Workshop, Presented by the National Center for Courts and the Media, 
Lincoln, NE, December, 2006
 
Spencer Grimes Appellate Judges Summit, Presented by the Appellate Judges Education Institute, Co-Sponsored by the Appellate Judges Conference of the ABA Judicial Division and the SMU Dedman School of Law, 
Dallas, Texas, November 2006
 
5th Social Equity Leadership Conference, National Academy of Public Administration, University of Nebraska at Omaha, "Taking Social Equity to the Street," 
February 2006
 
Roscoe Pound Institute, Forum for State Court Judges, The Rule(s) of Law: Electronic Discovery and the Challenge of Rule Making in the State Courts,
Toronto, Ontario, Canada, July 2005
 
National College on Judicial Conduct and Ethics, 
Chicago, IL, October 2000
 
Writing for Appellate Judges, Jill Ramsfield; William S. Richardson School of Law, Honolulu, Hawaii; Nebraska Appellate Education Program;
Lincoln, NE, April 2005
 
Assembly of State Court Associations, National Center for State Courts, 
Arlington, VA, May 2005 
 
American Bar Association Annual Legal Technology Seminar, 
Chicago, IL, March 2000
 
The Dixon Conference 2000, International Center for Automated Information Research, 
Orlando, FL, February 2000

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