Judicial Ethics Committee Opinions

Judicial Ethics Committee Opinions

Authority

The Judicial Ethics Committee may express its opinion on proper judicial conduct with respect to the provisions of the Nebraska Code of Judicial Conduct, either on its own initiative, at the request of a judge or candidate for judicial office, or at the request of a court or the Nebraska Commission on Judicial Qualifications.

The Committee also has the authority to make recommendations to the Nebraska Supreme Court for amendment of the Code of Judicial Conduct.

All opinions, beginning in 1989, are on file with the State Court Administrator and are available on this site. Please note that the Nebraska Code of Judicial Conduct has been revised three times since its original adoption; earlier opinions have not been revised to fit the current Code.

The 1989 Code governs opinions 89-1 to 92-6; the 1992 Code governs 92-7 to 09-1; and, the 2011 Code governs opinions *11-1 to present. *No opinions were issued in 2010, 2013, or 2018.

Membership

The Judicial Ethics Committee consists of seven members appointed by the Nebraska Supreme Court. Two of the members are from each of the county and district courts and one from the Court of Appeals. The remaining members are from any affected courts, but not from the Nebraska Supreme Court.

The Supreme Court designates one of the members as chair and one member as vice chair who serves in the event of disqualification or unavailability of the chair. Terms are staggered and individuals may be reappointed after a lapse of 1 year.

View the Judicial Ethics Committee.

Opinions 89-1 to 93-5 are PDF only and are searchable by question only, not by content.

Number: 12-3
Year: 2012
Question Presented:

May a person who has previously filed for election as a delegate to a county post primary political party convention and who by reason of the number of persons filing will automatically be certified by the election commissioner as an elected delegate avoid being in violation of the Nebraska Revised Code of Judicial Conduct upon seeking appointment to judicial office?

Number: 12-2
Year: 2012
Question Presented:

May a judges spouse feature their co-owned residence gardens in a garden walk, the purpose of which is to raise funds for a local community theater?

Number: 12-1
Year: 2012
Question Presented:

What are a judges responsibilities under the Nebraska Revised Code of Judicial Conduct when an attorney informs the judge of misconduct by the attorneys client, who is a personal representative in one of the judges probate cases, a guardian/conservator in other cases, and the spouse of a county court employee?

Number: 11-4
Year: 2011
Question Presented:

Must a judge disqualify himself/herself from all cases pending before that judge in which a litigant is represented by an attorney who also represents the judges former spouse in a pending matter in a different court in which the judge is an adverse party?

Number: 11-3
Year: 2011
Question Presented:

May a judge appear in a video presentation, to be viewed by county officials at anannual meeting, which intends to highlight recent renovations to a courthouseand is produced by the architectural firm responsible for the project?

Number: 11-2
Year: 2011
Question Presented:

May a judge serve as an ex officio member of the board of directors for the National Safety Council Greater Omaha Chapter provided that the judges name does not appear on any documents for fundraising purposes?

Number: 11-1
Year: 2011
Question Presented:

If a retired county judge appears as a practicing attorney before a judge with whom he formerly served in the same county, must the judge be disqualified or required to recuse?

Number: 09-1
Year: 2009
Question Presented:

May a judge or his wife donate money to a Foundation that the judge and his wife created. May a judge attend the annual fundraiser of the Foundation as a donor but not as a master of ceremonies? May the judge support the entity with his presence so long as he does not promote the entity or engage in the solicitation of funds? Should the judge remove his name and pictures from the Foundation...

Number: 08-4
Year: 2008
Question Presented:

May a judge attend a dinner and speak during a program celebrating a State boards service to the citizens of Nebraska?

Number: 08-3
Year: 2008
Question Presented:

Should a juvenile court judge recuse in a pending juvenile case where a spouse of another juvenile judge will testify in the case?

Number: 08-2
Year: 2008
Question Presented:

Can a judge permit judicial staff attorneys to provide legal representation for individual clients apart from their regular employment with the State?

Number: 08-1
Year: 2008
Question Presented:

Can a judge attend or participate in a political party caucus held to elect delegatescommitted to a certain presidential candidate in that political party?

Number: 07-4
Year: 2007
Question Presented:

May a judge send a letter of recommendation on behalf of a high school student, at the request of that student, who seeks to attend a particular college?

Number: 07-3
Year: 2007
Question Presented:

(1) May a quote by the judge, the judges name, and the judges title appear on a letter soliciting funds for a not-for-profit organization?(2) If not, should the author of the solicitation letter be asked to remove the judges quote, name, and title from the letter?(3) May the judge make a private donation to the not-for-profit organization in response to the solicitation...

Number: 07-2
Year: 2007
Question Presented:

May a newly appointed judge sever his financial and business interests in the law firm of which he is presently a shareholder and continue to temporarily maintain a general partnership with his prior partners who own the law firms building and a separate L.L.C. whose sole asset is a piece of real estate taken as fees for past legal work done by the law firm?

Number: 07-1
Year: 2007
Question Presented:

May a judge introduce the keynote speaker at an event which is primarily commemorative but at which a fee is charged to attendees to cover the cost of the meal and excess funds are used for a scholarship fund for the benefit of a particular group?

Number: 06-7
Year: 2006
Question Presented:

(1) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from attorneys that practice before the judge?(2) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from nonattorneys that are acquaintances or friends of the judge?

Number: 06-6
Year: 2006
Question Presented:

Can a judge serve individually or on a panel with other persons as a judge who selects winners in speech contests, pageants, talent shows or other similar events sponsored by various non-profit groups or service clubs?

Number: 06-5
Year: 2006
Question Presented:

(1) Can a judge serve on a committee to explore policy for a local high school board of education? (2) Can a judge appear at a public hearing before a board of education or one of its committees?

Number: 06-4
Year: 2006
Question Presented:

The question presented in this case concerns a district court judges participation in a seminar about defense of driving under the influence (DUI) cases, titled DWI Defense in the 21st Century, put on by the Nebraska Criminal Defense Attorneys Association (NCDAA). The question is whether the judges participation is proper where he intends to present his perspective on...