Oral Arguments are happening now. View them on the web or via Mobile App on iPhone / iPad or Android (4.0+).

You are here

Terminology.

Printer-friendly versionPrinter-friendly version

This rule only applies to cases filed prior to December 31, 2010.

Terms explained below are noted with asterisk* in the sections where they appear. In addition, the sections where terms appear are referred to after the explanation of each term below.

APPROPRIATE AUTHORITY

   The Nebraska Commission on Judicial Qualifications and the Nebraska Supreme Court Counsel for Discipline. See sections 3D(1) and 3D(2).

Amended July 13, 2005, effective September 1, 2005.

CANDIDATE
   A person seeking selection for or retention in judicial office. A person becomes a candidate for judicial office as soon as he or she makes a public announcement of candidacy, declares or files as a candidate with the secretary of state, or authorizes solicitation or acceptance of contributions or support. The term "candidate" has the same meaning when applied to a judge seeking election or appointment to nonjudicial office. See preamble and sections 5A, 5B, 5C, and 5E.

COURT PERSONNEL

   Does not include the lawyers in a proceeding before a judge. See sections 3B(7)(c) and 3B(9).

DE MINIMIS

   An insignificant interest that could not raise reasonable question as to a judge's impartiality. See sections 3E(1)(c) and 3E(1)(d).

ECONOMIC INTEREST

   Ownership of a legal or equitable interest, however small, or a relationship as officer, director, advisor, or other active participant in the affairs of a party, except that: 

   (1) ownership of an interest in a mutual or common investment fund that holds securities is not an economic interest in such securities unless the judge participates in the management of the fund or a proceeding pending or impending before the judge could substantially affect the value of the interest; 

   (2) service by a judge as an officer, director, advisor or other active participant in an educational, religious, charitable, fraternal, or civic organization, or service by a judge's spouse, parent, or child as an officer, director, advisor, or other active participant in any organization does not create an economic interest in securities held by that organization; 

   (3) a deposit in a financial institution, the proprietary interest of a policyholder in a mutual insurance company, of a depositor in a mutual savings association or of a member in a credit union, or a similar proprietary interest, is not an economic interest in the organization unless a proceeding pending or impending before the judge could substantially affect the value of the interest; 

   (4) ownership of government securities is not an economic interest in the issuer unless a proceeding pending or impending before the judge could substantially affect the value of the securities. See sections 3E(1)(c) and 3E(2).

FIDUCIARY

   Includes such relationships as personal representative, conservator, attorney in fact, trustee, and guardian. See sections 3E(2) and 4E.

FOURTH DEGREE OF RELATIONSHIP

   The following persons are relatives within the fourth degree of relationship: great-great-grandparent, great-uncle or great-aunt, brother, sister, great-great-grandchild, grandnephew or grandniece, or first cousin. See section 3E(1)(d).

IMPARTIALITY

   "Impartiality" or "impartial" denotes the condition of being without bias or prejudice in favor of, or against, particular parties or classes of parties, or their representatives, and of maintaining an open mind in considering issues that may come before the judge. See Canon 1, comment; Canon 2, section A and comment; Canon 2, section C and comment; Canon 3, section E(1) and comment; Canon 3, section E(1)(b) comment; Canon 4, section D(1) comment; and Canon 4, section D5(d) comment.

Adopted September 20, 2006.

INDEPENDENCE

   "Independence" denotes a judge’s freedom from influence, guidance, or controls other than those established by law. See Canon 1 and comment; Canon 4, section B comment; Canon 4, section C(2) comment; and Canon 5, section A3(a).

Adopted September 20, 2006.

INTEGRITY

   "Integrity" denotes probity, fairness, honesty, uprightness, and soundness of character. See Canon 1 and comment; Canon 2, section A and comment; Canon 2, section C comment; Canon 4, section B comment; Canon 4, section D(5)(d); and Canon 5A(3).

Adopted September 20, 2006.

JUDGE

   Persons subject to this Code as defined in the application section herein.

KNOWINGLY, KNOWLEDGE, KNOWN, or KNOWS

   Actual knowledge of the fact in question. A person's knowledge may be inferred from circumstances. See sections 3D, 3E(1), and 5A(3).

LAW

   All court rules adopted by the Nebraska Supreme Court, including the Workplace Harassment Policy and Drug-Free Workplace Policy, as well as statutes, constitutional provisions, and decisional law. See sections 2A, 3A, 3B(2), 3B(7), 4B, 4C, 4D(5), 4F, 4K, 5A(2), 5B(2), 5C(1), and 5D.

Amended Feb. 10, 1999; amended September 20, 2006.

MEMBER OF THE CANDIDATE'S FAMILY

   A spouse, child, grandchild, parent, grandparent, or other relative or person with whom the candidate maintains a close familial relationship. See section 5A(3)(a).

MEMBER OF THE JUDGE'S FAMILY

   A spouse, child, grandchild, parent, grandparent, or other relative or person with whom the judge maintains a close familial relationship. See sections 4D(3), 4E, and 4G.

MEMBER OF THE JUDGE'S FAMILY RESIDING IN THE JUDGE'S HOUSEHOLD

   Any relative of a judge by blood or marriage, or a person treated by a judge as a member of the judge's family, who resides in the judge's household. See sections 3E(1) and 4D(5).

NONPUBLIC INFORMATION

   Information that, by law, is not available to the public. Nonpublic information may include, but is not limited to, information that is sealed by statute or court order, impounded or communicated in camera; and information offered in grand jury proceedings, presentence reports, and statutorily confidential information in other cases. See section 3B(11).

PART-TIME JUDGE

   A periodic part-time judge is a judge who serves on a continuing or part-time basis but is permitted by law to devote time to some other profession or occupation and whose compensation for that reason is less than that of a full-time judge. See application section A.

POLITICAL ORGANIZATION

   A political party or other group, the principal purpose of which is to further the election or appointment of candidates to political office. See sections 5A(1), 5B(2), and 5C(1).

REQUIRE

   The rules prescribing that a judge "require" certain conduct of others are, like all of the rules in this Code, rules of reason. The use of the term "require" in that context means a judge is to exercise reasonable direction and control over the conduct of those persons subject to the judge's direction and control. See sections 3B(3), 3B(4), 3B(5), 3B(6), 3B(9), and 3C(2).

This page was last modified on Wednesday, May 8, 2013