reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.06 - Retirement system; accept payments and rollovers; limitations; board; powers.

24-710.06.
Retirement system; accept payments and rollovers; limitations; board; powers.
(1) The retirement system may accept cash rollover contributions from a member who is making payment pursuant to section 24-706 if the contributions do not exceed the amount of payment required for the service credits purchased by the member pursuant to such section and the contributions represent (a) all or any portion of the balance of the member's interest in a qualified plan under section 401(a) of the Internal Revenue Code or (b) the interest of the member from an individual retirement account or an individual retirement annuity, the entire amount of which is attributable to a qualified total distribution, as defined in the Internal Revenue Code, from a qualified plan under section 401(a) of the code and qualified as a tax-free rollover amount. The member's interest under subdivision (a) or (b) of this subsection must be transferred to the retirement system within sixty days from the date of the distribution from the qualified plan, individual retirement account, or individual retirement annuity.
(2) Cash transferred to the retirement system as a rollover contribution shall be deposited as other payments for service credits.
(3) Under the same conditions as provided in subsection (1) of this section, the retirement system may accept eligible rollover distributions from (a) an annuity contract described in section 403(b) of the Internal Revenue Code, (b) a plan described in section 457(b) of the code which is maintained by a state, a political subdivision of a state, or any agency or instrumentality of a state or political subdivision of a state, or (c) the portion of a distribution from an individual retirement account or annuity described in section 408(a) or 408(b) of the code that is eligible to be rolled over and would otherwise be includable in gross income. Amounts accepted pursuant to this subsection shall be deposited as all other payments under this section.
(4) The retirement system may accept direct rollover distributions made from a qualified plan pursuant to section 401(a)(31) of the Internal Revenue Code. The direct rollover distribution shall be deposited as all other payments under this section.
(5) The board may adopt and promulgate rules and regulations defining procedures for acceptance of rollovers which are consistent with sections 401(a)(31) and 402 of the Internal Revenue Code.
Source
Laws 1996, LB 847, § 16;
Laws 2002, LB 407, § 15;
Laws 2018, LB1005, § 17.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.12 - Retirement system; accept transfers; limitations; how treated.

24-710.12.
Retirement system; accept transfers; limitations; how treated.
The retirement system may accept as payment for withdrawn amounts made pursuant to the Judges Retirement Act a direct trustee-to-trustee transfer from (1) an eligible tax-sheltered annuity plan as described in section 403(b) of the Internal Revenue Code or (2) an eligible deferred compensation plan as described in section 457(b) of the code on behalf of a member who is making payments for such amounts. The amount transferred shall not exceed the amount withdrawn and such transferred amount shall qualify as a purchase of permissive service credit by the member as defined in section 415 of the code.
Source
Laws 2002, LB 407, § 16.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.14 - Judges who became members on or after July 1, 2015; annual benefit adjustment.

24-710.14.
Judges who became members on or after July 1, 2015; annual benefit adjustment.
On July 1 of each year, for judges who became members on or after July 1, 2015:
(1) The board shall determine the number of retired members or beneficiaries in the retirement system who became members on or after July 1, 2015, and an annual benefit adjustment shall be made by the board for each retired member or beneficiary. The benefit paid to a retired member or beneficiary under this section shall be increased annually by the lesser of (a) the percentage change in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the period between June 30 of the prior year to June 30 of the present year or (b) one percent. If the consumer price index used in this section is discontinued or replaced, a substitute index published by the United States Department of Labor shall be selected by the board which shall be a reasonable representative measurement of the cost-of-living for retired employees;
(2) Each retired member or beneficiary shall receive the sum of the annual benefit adjustment and such retiree's total monthly benefit less withholding, which sum shall be the retired member's or beneficiary's adjusted total monthly benefit. Each retired member or beneficiary shall receive the adjusted total monthly benefit until the expiration of the annuity option selected by the member or until the retired member or beneficiary again qualifies for the annual benefit adjustment, whichever occurs first; and
(3) The annual benefit adjustment pursuant to this section shall not cause a current benefit to be reduced, and a retired member or beneficiary shall never receive less than the adjusted total monthly benefit until the annuity option selected by the member expires.
Source
Laws 2015, LB468, § 5.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.15 - Judges who became members on and after July 1, 2015; cost-of-living payment.

24-710.15.
Judges who became members on and after July 1, 2015; cost-of-living payment.
(1) Beginning July 1, 2015, for judges who become members on and after July 1, 2015, if the annual valuation made by the actuary, as approved by the board, indicates that the system is fully funded and has sufficient actuarial surplus to provide for a supplemental lump-sum cost-of-living payment, the board may, in its discretion, elect to pay a maximum one and one-half percent supplemental lump-sum cost-of-living payment to each retired member or beneficiary based on the retired member's or beneficiary's total monthly benefit through June 30 of the year for which the supplemental lump-sum cost-of-living payment is being calculated. The supplemental lump-sum cost-of-living payment shall be paid within sixty days after the board's decision. In no event shall the board declare a supplemental lump-sum cost-of-living payment if such payment would cause the plan to be less than fully funded.
(2) For purposes of this section, fully funded means the unfunded actuarial accrued liability, based on the lesser of the actuarial value and the market value, under the entry age actuarial cost method is less than zero on the most recent actuarial valuation date.
(3) Any decision or determination by the board to declare or not declare a cost-of-living payment or as to whether the annual valuation indicates a sufficient actuarial surplus to provide for a cost-of-living payment shall be made in the sole, absolute, and final discretion of the board and shall not be subject to challenge by any member or beneficiary. In no event shall the Legislature be constrained or limited in amending the system notwithstanding the effect of any such change upon the actuarial surplus of the system and the ability of the board to declare future cost-of-living payments.
Source
Laws 2015, LB468, § 6;
Laws 2017, LB415, § 22.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-711 - Retired judge; statement of facts; contents; false or fraudulent actions; prohibited acts; penalty; denial of benefits.

24-711.
Retired judge; statement of facts; contents; false or fraudulent actions; prohibited acts; penalty; denial of benefits.
(1) Any judge who retires under the provisions of section 24-708 or 24-709, or his or her guardian, shall give to the board a statement of facts which shall include an accurate record of all service claimed by such judge, his or her compensation when he or she last served as a judge, the amount of contributions he or she has made to the fund, the amount of benefits he or she is receiving or shall be entitled to receive under the Nebraska and federal old-age and survivors insurance acts, designation of beneficiary, and any other information the board may request. The board shall determine the accuracy of all pertinent facts claimed and may call a hearing to determine any or all matters necessary in order to determine the amount of the annuity to which such judge is entitled. After obtaining all facts it deems necessary, the board shall render its decision as to the amount of the annuity, if any, to which such judge shall be entitled.
(2) Any person who, knowing it to be false or fraudulent, presents or causes to be presented a false or fraudulent claim or benefit application, any false or fraudulent proof in support of such a claim or benefit, or false or fraudulent information which would affect a future claim or benefit application to be paid under the retirement system for the purpose of defrauding or attempting to defraud the retirement system shall be guilty of a Class II misdemeanor. The retirement board shall deny any benefits that it determines are based on false or fraudulent information and shall have a cause of action against the member to recover any benefits already paid on the basis of such information.
Source
Laws 1955, c. 83, § 11, p. 249;
Laws 1991, LB 549, § 19;
Laws 1998, LB 1191, § 38.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-712 - Annuity payments; continuation; physical examinations, when; cost.

24-712.
Annuity payments; continuation; physical examinations, when; cost.
Annuity payments to a judge, who has retired under the provisions of section 24-708, shall continue until the end of the month in which such judge shall die. The last annuity payment and any other payments to which such judge shall be entitled and which have not been paid at the time of his or her death shall be paid to his or her beneficiary. A judge who is receiving annuity payments, under the provisions of section 24-709, shall continue to receive such annuities as long as he or she is permanently disabled, and if such judge shall die while so disabled, payment of annuities shall be terminated in the same manner as provided for a judge who dies subsequent to his or her retirement. Any judge, who is receiving annuities under the provisions of section 24-709, may be required by the commission to submit to a reexamination at any time. Any such judge shall have the right to a reexamination, upon an application to the commission, but not more often than once every six months. A physician appointed by the commission shall make such examinations and report his or her findings to the commission which shall make a determination. If the commission shall find that the permanent disability no longer exists, it shall so notify the judge and the board shall discontinue annuity payments to such judge unless the judge has in the meantime qualified for retirement by reason of his or her age. If any judge refuses to submit to such reexamination, the commission shall immediately terminate all annuity payments to such judge. Costs incurred by the commission for the services of a physician, as authorized by the provisions of section 24-709 and this section, shall be paid by the commission out of money from the fund.
Source
Laws 1955, c. 83, § 12, p. 250;
Laws 1971, LB 987, § 9;
Laws 1994, LB 833, § 25.
Cross References
Confidentiality of proceedings, see section 24-709.01.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-713 - State Treasurer; duties; warrants.

24-713.
State Treasurer; duties; warrants.
The State Treasurer shall be the custodian of the funds and securities of the retirement system and may deposit the funds and securities in any financial institution approved by the Nebraska Investment Council. The Director of Administrative Services is directed to draw warrants on the State Treasurer against the fund for authorized expenditures upon duly itemized vouchers signed by a person authorized by the retirement board. The State Treasurer shall transmit monthly to the board a detailed statement showing all credits to and disbursements from the funds in his or her custody belonging to the retirement system.
Source
Laws 1955, c. 83, § 13, p. 250;
Laws 1969, c. 178, § 5, p. 767;
Laws 1997, LB 623, § 10.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-713.01 - Limitation of actions.

24-713.01.
Limitation of actions.
Every claim and demand under the Judges Retirement Act and against the retirement system or the board shall be forever barred unless the action is brought within two years of the time at which the claim accrued.
Source
Laws 1996, LB 1076, § 11;
Laws 2004, LB 1097, § 19.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-713.02 - Retirement system contributions, property, and rights; how treated.

24-713.02.
Retirement system contributions, property, and rights; how treated.
All contributions to the retirement system, all property and rights purchased with the contributions, and all investment income attributable to the contributions, property, or rights shall be held in trust by the State of Nebraska for the exclusive benefit of members and their beneficiaries and shall only be used to pay benefits to such persons and to pay administrative expenses according to the provisions of the Judges Retirement Act.
Source
Laws 1998, LB 1191, § 39.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-713.03 - Termination of system or contributions; effect.

24-713.03.
Termination of system or contributions; effect.
Upon termination or partial termination of the retirement system or upon complete discontinuance of contributions under the retirement system, the rights of all affected members to benefits accrued to the date of such termination, partial termination, or discontinuance, to the extent funded as of such date, shall be nonforfeitable.
Source
Laws 1998, LB 1191, § 40.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-714 - Retirement of judge; effect; filling of vacancy.

24-714.
Retirement of judge; effect; filling of vacancy.
When the Chief Justice or a judge of the Supreme Court, a judge of the Court of Appeals, a judge of the district court, or a judge of the Nebraska Workers' Compensation Court becomes retired under the Judges Retirement Act, he or she shall be relieved of further active duties on the court. The Governor may fill the vacancy caused by such retirement the same as when a vacancy exists on that court for any other reason. When a judge of the county court or judge of a separate juvenile court becomes retired under the provisions of such sections, he or she shall also be relieved of further active duties and a vacancy shall be deemed to exist, which vacancy shall be filled as provided by law.
Source
Laws 1955, c. 83, § 14, p. 251;
Laws 1957, c. 78, § 3, p. 317;
Laws 1957, c. 79, § 5, p. 323;
Laws 1959, c. 189, § 15, p. 691;
Laws 1965, c. 115, § 4, p. 444;
Laws 1984, LB 13, § 34;
Laws 1991, LB 732, § 38;
Laws 1994, LB 833, § 26;
Laws 2004, LB 1097, § 20.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-715 - Commission on Judicial Qualifications; created; members; appointment.

24-715.
Commission on Judicial Qualifications; created; members; appointment.
Pursuant to the Constitution of the State of Nebraska, there is hereby created a Commission on Judicial Qualifications consisting of: (1) Three judges, including one district court judge, one county court judge, and one judge of any other court inferior to the Supreme Court as now exists or may hereafter be created by law, all of whom shall be appointed by the Chief Justice of the Supreme Court; (2) three members of the Nebraska State Bar Association who shall have practiced law in this state for at least ten years and who shall be appointed by the Executive Council of the Nebraska State Bar Association; (3) three citizens, none of whom shall be a Justice or judge of the Supreme Court or a judge of any court, active or retired, nor a member of the Nebraska State Bar Association, and who shall be appointed by the Governor; and (4) the Chief Justice of the Supreme Court, who shall serve as its chairperson.
Source
Laws 1967, c. 141, § 1, p. 430;
Laws 1981, LB 475, § 1.
Annotations
This section does not grant authority to the Nebraska State Bar Association to commence disciplinary actions against sitting judges. State ex rel. NSBA v. Krepela, 259 Neb. 395, 610 N.W.2d 1 (2000).
On a showing of a compelling need for information preliminary to a judicial proceeding, limited disclosures of grand jury testimony granted. United States v. Salanitro, 437 F.Supp. 240 (D. Neb. 1977).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-716 - Commission; members; term; vacancy.

24-716.
Commission; members; term; vacancy.
The term of office of each member of the Commission on Judicial Qualifications, except the Chief Justice of the Supreme Court, shall be four years. The term of the Chief Justice shall be permanent. In the event of a vacancy, the vacancy shall be filled by appointment in the same manner as the original members are appointed and the individuals so appointed shall serve for the balance of the original term. Any member of the commission shall be eligible for reappointment for an additional term without regard to the number of years that such individual has served as a member of the commission.
Source
Laws 1967, c. 141, § 2, p. 431;
Laws 1972, LB 1032, § 124;
Laws 1981, LB 475, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-717 - Commission; organization; officers.

24-717.
Commission; organization; officers.
The Commission on Judicial Qualifications shall annually select a vice-chairperson from its own members and a secretary who may or may not be a member of the commission and who shall keep minutes of all meetings of the commission. Such vice-chairperson and secretary shall each serve for one year or until a successor is selected.
Source
Laws 1967, c. 141, § 3, p. 431;
Laws 1981, LB 475, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-718 - Commission; compensation; expenses.

24-718.
Commission; compensation; expenses.
Members of the Commission on Judicial Qualifications shall serve without compensation but they shall be reimbursed for all reasonable expenses incurred by them in connection with their duties as members of the commission as provided in sections 81-1174 to 81-1177 for state employees.
Source
Laws 1967, c. 141, § 4, p. 431;
Laws 1981, LB 204, § 36.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-719 - Commission; meetings; quorum; annual report.

24-719.
Commission; meetings; quorum; annual report.
(1) Meetings of the Commission on Judicial Qualifications shall be held at least annually at Lincoln, Nebraska, or at such other place or places within the State of Nebraska and at such time as the commission may determine. A majority of the members of the commission shall constitute a quorum. No action of the commission shall be valid unless concurred in by a majority of its members. The date of the annual meeting of the commission shall be fixed by resolution of the commission and special meetings of the commission may be called at any time by the chairperson or vice-chairperson of the commission or by the Supreme Court or at the written request of any two members of the commission.
(2) To the extent permitted by the Constitution of Nebraska, the commission shall prepare and make available to the public an annual report outlining the activities of the commission in the previous year. The report shall include, but not be limited to:
(a) The total number of meetings held by the commission;
(b) The total number of complaints filed with the commission;
(c) The total number of complaints dismissed by the commission;
(d) The total number of public reprimands issued by the commission;
(e) The total number of formal complaints filed by the commission; and
(f) The costs incurred by the commission which shall include:
(i) Expenses paid to commission members pursuant to section 24-718;
(ii) Expenses paid to special masters appointed by the commission; and
(iii) Expenses paid to special investigators hired by the commission.
Source
Laws 1967, c. 141, § 5, p. 431;
Laws 1981, LB 475, § 4;
Laws 2005, LB 754, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-720 - Commission; complaints and requests; form.

24-720.
Commission; complaints and requests; form.
Complaints and requests to the Commission on Judicial Qualifications shall be in writing directed to the commission or to any member of the commission. No specified form of complaint or request shall be required.
Source
Laws 1967, c. 141, § 6, p. 432;
Laws 1981, LB 475, § 5.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-722 - Justice or judge; discipline or removal; grounds.

24-722.
Justice or judge; discipline or removal; grounds.
A Justice or judge of the Supreme Court or judge of any court of this state may be reprimanded, disciplined, censured, suspended without pay for a definite period of time not to exceed six months, or removed from office for (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, or he or she may be retired for physical or mental disability seriously interfering with the performance of his or her duties if such disability is determined to be permanent or reasonably likely to become permanent.
Source
Laws 1967, c. 141, § 8, p. 433;
Laws 1981, LB 475, § 7.
Annotations
A clear violation of the Nebraska Code of Judicial Conduct constitutes, at a minimum, a violation of subsection (6) of this section. In re Complaint Against Lindner, 271 Neb. 323, 710 N.W.2d 866 (2006).
Pursuant to subsection (6) of this section, conduct that clearly violates the Code of Judicial Conduct constitutes, at a minimum, a violation of this section, and a judge may be removed from office based on a violation of this section. In re Complaint Against Jones, 255 Neb. 1, 581 N.W.2d 876 (1998).
A clear violation of the Code of Judicial Conduct constitutes, at minimum, a violation of subsection (6) of this section. In re Complaint Against Staley, 241 Neb. 152, 486 N.W.2d 886 (1992).
Crucial to the finding that subsection (1) of this section has been violated is a showing of bad faith. Although a certain amount of "honest" error can be expected, blatant, flagrant, and repeated failures to perform judicial duties constitutes a violation of subsection (2) of this section. A clear violation of the Code of Judicial Conduct constitutes, at minimum, a violation of subsection (6) of this section. In re Complaint Against Kelly, 225 Neb. 583, 407 N.W.2d 182 (1987).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-723 - Supreme Court; record of proceedings; review; order; retirement, removal, or suspension; effect.

24-723.
Supreme Court; record of proceedings; review; order; retirement, removal, or suspension; effect.
The Supreme Court shall review the record of the proceedings and in its discretion may permit the introduction of additional evidence. The Supreme Court shall make such determination as it finds just and proper, and may order the reprimand, discipline, censure, suspension without pay for a definite period of time not to exceed six months, removal, or retirement of such Justice or judge of the Supreme Court or other judge, or may wholly reject the recommendation. Upon an order for retirement, the Justice or judge of the Supreme Court or other judge shall thereby be retired with the same rights and privileges as if he or she had retired pursuant to statute. Upon an order for removal, the Justice or judge of the Supreme Court or other judge shall be removed from office, his or her salary shall cease from the date of such order, and he or she shall be ineligible for judicial office. Upon an order for suspension, the Justice or judge of the Supreme Court or other judge shall draw no salary and shall perform no judicial functions during the period of suspension. Suspension shall not create a vacancy in the office of Justice or judge of the Supreme Court or other judge.
Source
Laws 1967, c. 141, § 9, p. 433;
Laws 1981, LB 475, § 8.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-723.01 - Justice or judge; disqualification without loss of salary; Supreme Court order; when.

24-723.01.
Justice or judge; disqualification without loss of salary; Supreme Court order; when.
Upon order of the Supreme Court, a Justice or judge of the Supreme Court or other judge shall be disqualified from acting as a Justice or judge of the Supreme Court or other judge, without loss of salary, while there is pending (1) an indictment or information charging him or her in the United States with a crime punishable as a felony under Nebraska or federal law or (2) a recommendation to the Supreme Court by the Commission on Judicial Qualifications for his or her removal or retirement.
Source
Laws 1981, LB 475, § 9.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-723.02 - Justice or judge; removal or suspension by Supreme Court; grounds.

24-723.02.
Justice or judge; removal or suspension by Supreme Court; grounds.
In addition to the procedure set forth in sections 24-721 to 24-723, on recommendation of the Commission on Judicial Qualifications or on its own motion, the Supreme Court (1) shall remove a Justice or judge of the Supreme Court or other judge from office when in any court in the United States such Justice or judge pleads guilty or no contest to a crime punishable as a felony under Nebraska or federal law, and (2) may suspend a Justice or judge of the Supreme Court or other judge from office without salary when in any court in the United States such Justice or judge is found guilty of a crime punishable as a felony under Nebraska or federal law or any other crime that involves moral turpitude. If his or her conviction is reversed, suspension shall terminate and he or she shall be paid his or her salary for the period of suspension. If he or she is suspended and his or her conviction becomes final the Supreme Court shall remove him or her from office.
Source
Laws 1981, LB 475, § 10.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-724 - Commission; executive secretary; personnel; employ; Attorney General; counsel; special counsel.

24-724.
Commission; executive secretary; personnel; employ; Attorney General; counsel; special counsel.
The Commission on Judicial Qualifications shall have the authority to employ an executive secretary, investigators, medical experts, and such other employees and experts as the commission in its discretion determines to be necessary to carry out its functions and purposes. The office of the Attorney General shall provide counsel to the commission but the commission may employ special counsel in any proceeding if determined by the commission to be advisable.
Source
Laws 1967, c. 141, § 10, p. 434.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-725 - Commission; budget; submit.

24-725.
Commission; budget; submit.
The Commission on Judicial Qualifications shall submit its budget estimate in the manner and form and at the times required by law of all departments, offices, and institutions of the state government requesting appropriations.
Source
Laws 1967, c. 141, § 11, p. 434.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-726 - Proceedings prior to formal hearing; confidential.

24-726.
Proceedings prior to formal hearing; confidential.
All papers filed with and proceedings before the Commission on Judicial Qualifications or masters appointed by the Supreme Court pursuant to section 24-721 prior to any formal open hearing shall be confidential. The filing of papers with and the testimony given before the commission or masters or the Supreme Court shall be deemed a privileged communication.
Source
Laws 1967, c. 141, § 12, p. 434;
Laws 1981, LB 475, § 11.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-727 - Supreme Court; procedure; rule; adopt.

24-727.
Supreme Court; procedure; rule; adopt.
The Supreme Court shall by rule provide for procedure under sections 24-709, 24-712, and 24-715 to 24-728 before the Commission on Judicial Qualifications, the masters, and the Supreme Court.
Source
Laws 1967, c. 141, § 13, p. 434;
Laws 1981, LB 475, § 13.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-728 - Judge or justice; own discipline, removal, or retirement; participation prohibited.

24-728.
Judge or justice; own discipline, removal, or retirement; participation prohibited.
No Justice or judge of the Supreme Court or other judge shall participate, as a member of the Commission on Judicial Qualifications, or as a master, or as a member of the Supreme Court, in any proceedings involving his or her own reprimand, discipline, censure, suspension, removal, or retirement.
Source
Laws 1967, c. 141, § 14, p. 434;
Laws 1981, LB 475, § 14.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-729 - Judges; retired; assignment; when; retired judge, defined.

24-729.
Judges; retired; assignment; when; retired judge, defined.
The Supreme Court of Nebraska is empowered, with the consent of the retired judge, (1) to assign judges of the Supreme Court, Court of Appeals, and district court who are now retired or who may be retired hereafter to (a) sit in any court in the state to relieve congested trial dockets or to prevent the trial docket of such court from becoming congested or (b) sit for the judge of any court who may be incapacitated or absent for any reason whatsoever and (2) to assign any judge of the separate juvenile court, county court, or Nebraska Workers' Compensation Court who is now retired or who may be retired hereafter to (a) sit in any court having the same jurisdiction as one in which any such judge may have previously served to relieve congested trial dockets or to prevent the trial docket of any such court from becoming congested or (b) sit for the judge of any such court who may be incapacitated or absent for any reason. Any judge who has retired on account of disability may not be so assigned.
For purposes of sections 24-729 to 24-733, retired judge shall include a judge who, before, on, or after March 31, 1993, has retired upon the attainment of age fifty-five and has elected to defer the commencement of his or her retirement annuity to a later date.
Source
Laws 1974, LB 832, § 1;
Laws 1976, LB 296, § 1;
Laws 1979, LB 240, § 1;
Laws 1991, LB 732, § 39;
Laws 1993, LB 363, § 2;
Laws 2018, LB193, § 5.
Annotations
The Nebraska Constitution clearly permits district court judges, retired or not, to act as associate Supreme Court judges when necessary for prompt submission and determination of causes. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).
This provision, which authorized the Supreme Court to assign retired district judges to sit in any court to relieve or prevent congested dockets, or to sit for a judge of any court who is incapacitated or absent, is not limited by article V, section 2, of the Nebraska Constitution, which expressly authorizes district judges to sit in specific cases. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-730 - Retired judge; temporary duty; compensation.

24-730.
Retired judge; temporary duty; compensation.
A retired judge holding court pursuant to sections 24-729 to 24-733 shall receive, in addition to his or her retirement benefits, for each day of temporary duty an amount established by the Supreme Court. In addition, a retired judge who consents to serve a minimum number of temporary duty days annually, as established by the Supreme Court, and is appointed by the Supreme Court for such extended service, may also receive a stipend or an adjusted stipend calculated from the number of days of temporary duty performed by the judge in such annual period in relation to an annual base amount established by the Supreme Court.
Source
Laws 1974, LB 832, § 2;
Laws 1983, LB 268, § 1;
Laws 2008, LB1014, § 5;
Laws 2010, LB727, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-731 - Retired judge; temporary duty; expenses.

24-731.
Retired judge; temporary duty; expenses.
A retired judge on temporary duty shall be reimbursed for his or her expenses at the same rate as provided in sections 81-1174 to 81-1177 for state employees but shall submit a request for payment or reimbursement in the manner provided in section 24-733.
Source
Laws 1974, LB 832, § 3;
Laws 1981, LB 204, § 37;
Laws 1988, LB 864, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-732 - Retired judge; temporary duty; not contribute to retirement fund; retirement benefits not affected.

24-732.
Retired judge; temporary duty; not contribute to retirement fund; retirement benefits not affected.
A retired judge on temporary duty shall not be required to contribute to the Nebraska Retirement Fund for Judges, and the retirement benefits of such a retired judge shall neither be increased nor decreased on account of his temporary duty.
Source
Laws 1974, LB 832, § 4.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-733 - Retired judge; temporary duty; request for compensation and expenses.

24-733.
Retired judge; temporary duty; request for compensation and expenses.
Within fifteen days following completion of a temporary duty assignment, the retired judge shall submit to the Chief Justice of the Supreme Court, on forms provided by the Chief Justice, a request for payment or reimbursement for services rendered and expenses incurred during such temporary duty assignment. Upon receipt of such request, the Chief Justice shall endorse on the request that the services were performed and expenses incurred pursuant to an assignment of the Supreme Court of Nebraska and file such request with the proper authority for payment.
Source
Laws 1974, LB 832, § 5;
Laws 1979, LB 240, § 2;
Laws 1984, LB 13, § 35;
Laws 1988, LB 864, § 4.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-740 - Probate; disqualification of judge.

24-740.
Probate; disqualification of judge.
No judge of probate shall act in any case or matter where he is next of kin to the deceased, nor where he is legatee or devisee under a will, nor where he is named as executor or trustee in a will, or is one of the subscribing witnesses thereto, nor where he is related to any party in interest in any case before him, by consanguinity or affinity, or has such an interest therein as would exclude him from acting as a juror in such case or matter, nor where he has acted as attorney or counsel in any case or matter before him.
Source
G.S.1873, c. 14, § 3, p. 264;
R.S.1913, § 1206;
C.S.1922, § 1129;
C.S.1929, § 27-503;
R.S.1943, § 24-503;
Laws 1972, LB 1032, § 52;
R.S.1943, (1985), § 24-552.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-741 - Judges; when ineligible as candidates for other offices.

24-741.
Judges; when ineligible as candidates for other offices.
No judge shall be eligible as a candidate for any office except a judicial office during the time he or she is serving as a judge.
Source
Laws 1911, c. 37, § 1, p. 204;
R.S.1913, § 1139;
C.S.1922, § 1068;
C.S.1929, § 27-203;
R.S.1943, § 24-203;
R.S.1943, (1989), § 24-203;
Laws 1991, LB 732, § 31.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-801 - Judicial nominating commissions; subject to sections.

24-801.
Judicial nominating commissions; subject to sections.
All judicial nominating commissions under Article V of the Constitution of Nebraska shall be subject to the provisions of sections 24-801 to 24-812.
Source
Laws 1963, c. 124, § 1, p. 472.
Annotations
Sections 24-801 to 24-812.01 constitute a special, independent legislative act, complete in itself, which is intended to cover the subject of the selection of nominees by judicial nominating commissions. Marks v. Judicial Nominating Comm., 236 Neb. 429, 461 N.W.2d 551 (1990).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-801.01 - Judicial nominating commission; members; oath.

24-801.01.
Judicial nominating commission; members; oath.
All voting members of each nominating commission, before they enter upon their official duties, shall take the following oath or affirmation: "I do solemnly swear (or affirm) that I will faithfully discharge my duties as a member of the Judicial Nominating Commission for the ........ Court, that I will neither accept nor receive, directly or indirectly, any money or other valuable thing or any promise of office or assistance from any corporation, company, or person, for any vote or influence I may give or withhold in connection with the nomination of any person to a judicial vacancy; that I will, as necessary or expedient, encourage qualified candidates to accept judicial office or nomination for such judicial office, and that I will vote to nominate to judicial vacancies only candidates I believe are sufficiently qualified for judicial office". Such oath shall be administered by the Supreme Court Judge serving as chairperson of the judicial nominating commission to which the oath-taker is appointed.
Source
Laws 1980, LB 730, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-802 - Judicial nominating commission; residence requirements.

24-802.
Judicial nominating commission; residence requirements.
Except for the judge of the Supreme Court who is required to be a member of a judicial nominating commission, each member or alternate member of a commission shall be a resident of the judicial district or area of the state served by such commission except as provided in subsection (2) of section 24-806. Except for the Chief Justice, the member of the Supreme Court designated to serve on a particular nominating commission shall not be a member who was originally selected from the district served by such nominating commission.
Source
Laws 1963, c. 124, § 2, p. 472;
Laws 1973, LB 110, § 1;
Laws 1991, LB 251, § 1;
Laws 1995, LB 303, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-803 - Judicial nominating commission; members; term; appointments by Governor; elections by lawyers.

24-803.
Judicial nominating commission; members; term; appointments by Governor; elections by lawyers.
(1) Except as provided in subsection (3) of this section, as the term of a member of a judicial nominating commission initially appointed or selected expires, the term of office of each successor member shall be for a period of four years. The Governor shall appoint all successor members of each nominating commission who are judges of the Supreme Court and citizen members or alternate citizen members. The Governor shall appoint two alternate citizen members, not of the same political party, to each nominating commission. The term of office of an alternate citizen member of a commission shall be for a period of four years except that the initial appointments shall terminate on December 31, 1999. The lawyers residing in the judicial district or area of the state served by a judicial nominating commission shall select all successor and alternate lawyer members of such commission in the manner prescribed in section 24-806. The term of office of an alternate lawyer member of a commission shall be for a period of four years. No member of any nominating commission, including the Supreme Court member of any such commission, shall serve more than a total of eight consecutive years as a member of the commission, and if such member has served for more than six years as a member of the commission, he or she shall not be eligible for reelection or reappointment. Alternate lawyer and citizen members shall be selected to fill vacancies in their order of election or appointment.
(2) For purposes of this section and Article V, section 21, of the Constitution of Nebraska, a member of a judicial nominating commission shall be deemed to have served on such commission if he or she was a member of the commission at the time of the publication of the notice required by subsection (1) of section 24-810.
(3) Members of the judicial nominating commissions for the office of judge of the district court shall also serve as members of the judicial nominating commissions for the office of judge of the county court for counties located within the district court judicial districts served, except that members of the judicial nominating commissions for district judge and county judge in districts 1, 2, 3, 4, and 10 shall be appointed or selected separately to serve on such commissions.
Source
Laws 1963, c. 124, § 3, p. 472;
Laws 1973, LB 110, § 2;
Laws 1991, LB 251, § 2;
Laws 1992, LB 1059, § 6;
Laws 1995, LB 189, § 3;
Laws 1995, LB 303, § 2;
Laws 2019, LB339, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-804 - Judicial nominating commissions; judges of Supreme Court; service as members.

24-804.
Judicial nominating commissions; judges of Supreme Court; service as members.
Judges of the Supreme Court shall serve on as many judicial nominating commissions as may be necessary. Each judge of the Supreme Court shall be a member of at least three nominating commissions. The judge of the Supreme Court who serves as a member of a Supreme Court judicial nominating commission relating to a Supreme Court judicial district shall be a nonresident of that district. The Judge of the Supreme Court serving on a nominating commission for Chief Justice of the Supreme Court shall be a judge of the Supreme Court other than the Chief Justice.
Source
Laws 1963, c. 124, § 4, p. 473.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-805 - Judicial nominating commissions; members serve on no more than one commission; exceptions.

24-805.
Judicial nominating commissions; members serve on no more than one commission; exceptions.
Except for the Supreme Court members of judicial nominating commissions, no individual lawyer or citizen member of any judicial nominating commission shall serve on more than one judicial nominating commission at the same time;
Provided,
judicial nominating commissioners for the office of district judge may also serve as judicial nominating commissioners for county judge.
Source
Laws 1963, c. 124, § 5, p. 473;
Laws 1974, LB 785, § 5.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-807 - Judicial nominating commission; lawyer members; certificate of selection.

24-807.
Judicial nominating commission; lawyer members; certificate of selection.
Upon the selection of any lawyer member or alternate lawyer member of any judicial nominating commission, the Clerk of the Supreme Court shall promptly certify his or her selection to the Governor and the Secretary of State.
Source
Laws 1963, c. 124, § 7, p. 475;
Laws 1973, LB 110, § 4;
Laws 1991, LB 251, § 4;
Laws 1995, LB 303, § 4.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-808 - Judicial nominating commissions; vacancies; filled, how.

24-808.
Judicial nominating commissions; vacancies; filled, how.
Each year, on or before September 1, the Clerk of the Supreme Court shall determine what, if any, vacancies exist on any judicial nominating commission and shall report the status of each judicial nominating commission to the Governor. Vacancies relating to any members or alternate citizen members of such commissions appointed by the Governor shall be filled promptly by appointment by the Governor for the unexpired term. Vacancies of lawyer members or alternate lawyer members of the judicial nominating commission shall be filled promptly by a special election for the unexpired term, conducted by the Clerk of the Supreme Court in the manner applicable to the regular election of lawyer members of the commissions.
Source
Laws 1963, c. 124, § 8, p. 475;
Laws 1995, LB 303, § 5.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-809 - Judicial nominating commission; chairperson; manner of voting; vacancies; procedure.

24-809.
Judicial nominating commission; chairperson; manner of voting; vacancies; procedure.
The judge of the Supreme Court on each judicial nominating commission shall be the chairperson of the commission and shall preside at all of its meetings. He or she shall not be entitled to vote. In selecting or rejecting judicial nominees, the members of the commission shall vote by oral roll call vote. When it is determined that a judicial vacancy exists in a particular district, the chairperson of the commission shall determine whether there will be eight qualified members of the appropriate judicial nominating commission, including alternate members. If it is determined that there will not be eight members present and capable of voting at the time the commission meets to vote, the chairperson of the commission shall inform the Governor of the number of citizen members which need to be appointed and shall inform the Executive Director of the Nebraska State Bar Association of the number of lawyer members which need to be elected. The Governor shall promptly make such number of citizen appointments as are necessary. The Executive Council of the Nebraska State Bar Association shall nominate at least one lawyer candidate for each vacancy on the nominating commission which needs to be filled. If the Executive Council is unable, with reasonable effort, to obtain a sufficient number of candidates for each vacancy, it may nominate candidates who do not reside in the judicial district or area served by such nominating commission. The nominations shall be sent to the Clerk of the Supreme Court, and the lawyer vacancies shall be filled by election as provided in section 24-806. There shall be eight qualified commission members present and capable of voting at the time the vote is taken. In the event that a nominating commission public hearing is postponed due to the lack of a full complement of commission members entitled to vote, the time limits specified in subsection (4) of section 24-810 shall be extended for an additional thirty days for each such postponement. The chairperson of the commission shall cause appropriate notice of the time and place of the newly scheduled judicial nominating commission public hearing to be published as provided in subsection (1) of section 24-810. The postponement of a commission hearing shall not extend the initial application filing deadline of twenty-one days prior to the initial public hearing. Each candidate shall receive five votes from the voting members of the nominating commission to have his or her name submitted to the Governor.
Source
Laws 1963, c. 124, § 9, p. 475;
Laws 1973, LB 110, § 5;
Laws 1991, LB 251, § 5;
Laws 1995, LB 303, § 6;
Laws 2007, LB290, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-809.04 - Judicial vacancy; date of final determination.

24-809.04.
Judicial vacancy; date of final determination.
For purposes of sections 24-809.05 and 24-810, the date of a final determination of a district, county, or separate juvenile court judicial vacancy shall be:
(1) The date a judicial vacancy is determined by the Judicial Resources Commission pursuant to section 24-1204 or 24-1206; or
(2) If a determination is made by the commission that a move of a judgeship from one district to another or between county and district court, a new judgeship, or a change in number of judicial districts or boundaries is appropriate pursuant to section 24-1204 or 24-1205, the date the Governor approves legislation or the Legislature overrides a veto of legislation creating or moving a judicial vacancy.
Source
Laws 1995, LB 189, § 9.