Omaha Judge Polk Sits with Nebraska Supreme Court

Omaha Judge Polk Sits with Nebraska Supreme Court

Tuesday, January 10, 2023

Nebraska District Court Judge Marlon A. Polk of Omaha, Nebraska, was invited to sit with the Nebraska Supreme Court on January 10, 2023.

Polk heard arguments in the case of Lancaster County v. Custer County.  In that case, Lancaster County filed suit against Custer County, seeking reimbursement for general assistance funds that Lancaster County provided to an alleged Custer County resident.  Lancaster County filed a Motion for Summary Judgment, which was sustained by the trial court.  On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.  He sat in place of Justice Stephanie Stacy, who was recused from the case. The Court session was held in the Supreme Court Courtroom of the Nebraska State Capitol in Lincoln.

Seven justices make up the Nebraska Supreme Court: Chief Justice Mike Heavican and six associate justices. On occasion, a justice must recuse him or herself from a case, and a judge from a district court or the Court of Appeals is asked to sit with the Supreme Court.    

January 10, 2023, oral arguments can be viewed on the Court’s archive.



Screenshot from argument session on Nebraska Public Media:

(L to R) Justice Jonathan Papik, Judge Marlon Polk, Justice Lindsey Miller-Lerman, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeff Funke, and Justice John Freudenberg. Arguing before the Court is attorney Daniel Zieg. Recording Court arguments are Allyson Stewart and Konia Fries.