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§ 5-123. Complaint; filing instructions; form.

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   (A) The following information is provided for your benefit in connection with the operation of the Judicial Qualifications Commission. This information does not comprise all of the laws with regard to the Nebraska Judicial Qualifications Commission and is intended simply to give you some general information. Should you have more specific questions with regard to the Judicial Qualifications Commission, you should contact: Commission Secretary, 1220 State Capitol, P.O. Box 98910, Lincoln, NE 68509; phone (402) 471-3730.

   (B) Article V, Section 28, of the Nebraska Constitution provides for the creation of a Commission on Judicial Qualifications.

   (C) Chairperson: Chief Justice of the Nebraska Supreme Court

   (D) Article V, Section 30, of the Nebraska Constitution and Neb. Rev. Stat. § 24-722 specifically set out the grounds for which a judge may be reprimanded, disciplined, censured, suspended without pay for a definite period of time not to exceed six months, or removed from office. The grounds are the following:

   (1) willful misconduct in office,

   (2) willful disregard of or failure to perform his or her duties,

   (3) habitual intemperance,

   (4) conviction of a crime involving moral turpitude,

   (5) disbarment as a member of the legal profession licensed to practice law in the State of Nebraska, or

   (6) conduct prejudicial to the administration of justice that brings the judicial office into disrepute.

   (E) The Commission is not authorized to review decisions made by a judge or to grant any form of relief arising out of a lawsuit except to the extent that the action of the judge action in the case constitutes a violation of one of the grounds set out above.

   (F) Upon receiving the complaint, the Commission is authorized to make such investigation as it deems appropriate under the circumstances and upon a finding of probable cause, may reprimand the judge or may order a formal hearing to be held before it concerning the reprimand, discipline, censure, suspension, removal, or retirement of such judge. After a formal hearing, the Commission must find that the charges are established by clear and convincing evidence. If it finds that such charges are established by clear and convincing evidence, it then recommends to the Supreme Court what action should be taken. The Supreme Court then reviews the record and makes such determination as it finds just and proper.

   (G) All papers filed with and proceedings before the Commission, prior to any formal open hearing, are confidential and all testimony given before the Commission is deemed a privileged communication.

   NO PARTICULAR FORM NEED BE USED WHEN FILING A COMPLAINT. THE ATTACHED FORM IS PROVIDED FOR YOUR CONVENIENCE. YOU NEED NOT FILL IT OUT IF YOU DESIRE NOT TO AND MAY MAKE COMPLAINT BY SIMPLY SENDING A HANDWRITTEN LETTER TO THE COMMISSION OR ANY MEMBER THEREOF.

This page was last modified on Monday, October 15, 2012