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: 96-9

Year: 1996

Question Presented:

May a judge write an occasional column for a local newspaper that is published by law enforcement officers primarily for law enforcement officers?

Number: 96-8

Year: 1996

Question Presented:

The presiding judge of a judicial district inquires:Is recusal required if one of the parties to a lawsuit is an attorney who practices law in the court where that judge presides?Does it make any difference if the attorney appears regularly in front of the judge?Does it make any difference if the attorney is the defendant in a criminal case, as opposed to being a party plaintiff or party...

Number: 96-7

Year: 1996

Question Presented:

Must a judge disqualify from criminal cases prosecuted by the county attorney when that judge is a party to a pending appeal challenging the assessed value of the judge's personal residence?

Number: 96-6

Year: 1996

Question Presented:

A judge inquires: Would a contribution to the Committee for an Independent Judiciary (Committee) made by his spouse from an account which bears his name as joint tenant and which is composed of her contributions (account) violate the Nebraska Code of Judicial Conduct (Code)?

Number: 96-5

Year: 1996

Question Presented:

A judge, who has jurisdiction in certain civil matters in which his first cousin has a possible financial interest, states that he would be compelled to disqualify himself if the matter came to trial. Must the judge also disqualify himself from hearing a motion for default judgment?

Number: 96-4

Year: 1996

Question Presented:

Under what circumstances, and pursuant to what procedure, may the law partners of an attorney appear and practice before a Nebraska judge who is the brother of that attorney?

Number: 96-3

Year: 1996

Question Presented:

May a judge preside over cases involving lawyers who play various roles in salary negotiations with the judge's spouse's employment group or the law firms with which such lawyers are affiliated?

Number: 96-2

Year: 1996

Question Presented:

Can a retired judge serve as an expert witness?

Number: 96-1

Year: 1996

Question Presented:

May a judge serve as volunteer chairperson of a celebration for a local charitable organization?

Number: 95-2

Year: 1995

Question Presented:

Under the Nebraska Code of Judicial Conduct (1992), may a Nebraska state court judge accept compensation for teaching as a adjunct faculty member at the state-supported college of law?

Number: 95-1

Year: 1995

Question Presented:

Opinion withdrawn

Number: 94-3

Year: 1994

Question Presented:

Must a sitting Nebraska judge recuse himself or herself simply because the judge is named as a party defendant in a case assigned to the judge?

Number: 94-2

Year: 1994

Question Presented:

Can a judge be used as a reference in the certification process of the National Board of Trial Advocacy?

Number: 94-1

Year: 1994

Question Presented:

Can a candidate for judgeship seek endorsement from individuals other than those listed on the application?

Number: 93-5

Year: 1993

Question Presented:

May judges of a multi-judge court rotate service on an institutional bioethics committee?

Number: 93-4

Year: 1993

Question Presented:

When an attorney leaves the practice of law to go on the bench and sells his interest in the firm to Partners, how do you handle the contingency fee case with another law firm, wherein the agreement between your firm and their firm is a division of whatever recovery there maybe, if any?

Number: 93-3

Year: 1993

Question Presented:

Can a judge of a juvenile court serve as a member and/or serve as the Chair of the Nebraska Commission for the Protection of Children?

Number: 93-2

Year: 1993

Question Presented:

A member of the Nebraska Judiciary requested the guidance of this committee as to whether or not membership in certain organizations violate Section C of Canon 2 of the Nebraska Code of Judicial Conduct (1992).The requesting judge belongs to local chapters or "lodges" of national or state organizations. To the best of the judges knowledge, neither organization limits membership based on race,...

Number: 93-1

Year: 1993

Question Presented:

May a sitting Nebraska judge voluntarily render expert opinions on oil and gas law at a trial in Alaska and be compensated for the services when the opinions relate to expertise gained because of law teaching and not from being a judge?

Number: 92-8

Year: 1992

Question Presented:

Does the Nebraska Code of Judicial conduct (1992) apply to child support referees? If so, to what extent does the Code apply to part-time child support referees?If so, to what extent does the Code apply to full-time child support referees?