reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-350 - Bailiff; term; compensation.

24-350.
Bailiff; term; compensation.
The judge of the district court may, if the business of the court requires, appoint a bailiff or bailiffs. In counties having more than sixty thousand inhabitants, bailiffs shall be appointed and shall hold office for a term of one year unless sooner removed by the appointing judge. In counties having not more than sixty thousand inhabitants, the appointment shall continue only so long as is necessary. Bailiffs shall receive for their services either (a) an annual salary in an amount to be fixed by the county board, payable in monthly installments from the county general fund, or (b) a per diem in an amount to be fixed by the county board, payable monthly from the county general fund.
Source
R.S.1866, c. 19, § 32, p. 171;
Laws 1895, c. 36, § 1, p. 165;
Laws 1909, c. 59, § 1, p. 289;
R.S.1913, § 2431;
Laws 1919, c. 12, § 1, p. 72;
C.S.1922, § 2371;
Laws 1927, c. 119, § 1, p. 332;
C.S.1929, § 33-110;
Laws 1943, c. 90, § 17, p. 304;
R.S.1943, § 33-107;
Laws 1945, c. 73, § 1, p. 275;
Laws 1959, c. 141, § 1, p. 548;
Laws 1961, c. 158, § 1, p. 481;
Laws 1969, c. 269, § 1, p. 1033;
Laws 1975, LB 277, § 1;
R.S.1943, (1988), § 33-107;
Laws 1989, LB 4, § 4.
Cross References
For other provisions for salaries of county officers and employees, see sections 23-1114 to 23-1114.09.
Annotations
This section, as it existed in 1911, did not authorize the appointment of special bailiffs to take charge of witnesses for the state in pending criminal prosecutions. Shaw v. Holt County, 88 Neb. 348, 129 N.W. 552 (1911).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-401 - Clerk of Supreme Court; clerks of district and county courts; deputies.

24-401.
Clerk of Supreme Court; clerks of district and county courts; deputies.
The Clerk of the Supreme Court and of the several district and county courts in this state shall have power to appoint deputies. Each of such deputies shall be sworn to faithfully perform the duties of his or her office before entering upon such duties.
Source
Laws 1879, § 43, p. 91;
Laws 1905, c. 58, § 1, p. 304;
Laws 1913, c. 173, § 1, p. 534;
R.S.1913, § 1194;
Laws 1917, c. 23, § 1, p. 88;
Laws 1919, c. 77, § 1, p. 198;
Laws 1921, c. 101, § 1, p. 370;
C.S.1922, § 1117;
C.S.1929, § 27-401;
R.S.1943, § 24-401;
Laws 1943, c. 90, § 13, p. 302;
Laws 2008, LB775, § 1.
Cross References
Deputy district court clerk:
Mileage, see sections 23-1112 and 23-1112.01.
Power to take acknowledgments, see section 24-403.
Salary, see section 23-1114.
Annotations
Appointment of chief deputy was not made. McCollough v. County of Douglas, 150 Neb. 389, 34 N.W.2d 654 (1948).
Acts of deputy de facto are binding and can only be challenged by state. Haskell v. Dutton, 65 Neb. 274, 91 N.W. 395 (1902).
Clerk has authority to appoint assistants. State ex rel. Douglas County v. Frank, 61 Neb. 679, 85 N.W. 956 (1901); State ex rel. Douglas County v. Frank, 60 Neb. 327, 83 N.W. 74 (1900).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-402 - Clerk; liability for acts of deputy.

24-402.
Clerk; liability for acts of deputy.
Every clerk appointing a deputy under the provisions of section 24-401 shall be liable for all the official acts of said deputy clerk.
Source
Laws 1879, § 44, p. 92;
R.S.1913, § 1195;
C.S.1922, § 1118;
C.S.1929, § 27-402;
R.S.1943, § 24-402.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-403 - District and county court clerks; deputies; acknowledgments; validity.

24-403.
District and county court clerks; deputies; acknowledgments; validity.
Deputy clerks of the district and county courts in this state are authorized to take acknowledgments of deeds and other instruments in writing in the name of their principals, and the acknowledgments shall be as legal and as valid as if taken by their principals.
Source
Laws 1870, § 1, p. 17;
R.S.1913, § 5743;
C.S.1922, § 5072;
C.S.1929, § 84-809;
R.S.1943, § 84-809;
R.S.1943, § 84-809;
R.S.1943, (1987), § 84-809;
Laws 1990, LB 821, § 37.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-501 - Legislative intent.

24-501.
Legislative intent.
It is the intent of the Legislature to provide a unified system of county courts for the state by combining the functions of county courts, justice of the peace courts, and police magistrate courts and to provide jurisdiction and procedure for the county courts that will effectively, efficiently, and economically meet the needs of the people of the State of Nebraska and of all other persons who may have business before the county courts.
Source
Laws 1972, LB 1032, § 1;
Laws 1984, LB 13, § 6;
Laws 1990, LB 822, § 11.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-502 - Court of record; location.

24-502.
Court of record; location.
There shall be a county court in and for each county in this state. The county court shall be a court of record and shall be located at the county seat.
Source
Laws 1972, LB 1032, § 2;
Laws 1990, LB 822, § 12;
Laws 2011, LB669, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-503 - County judge districts; created; number of judges.

24-503.
County judge districts; created; number of judges.
For the purpose of serving the county courts in each county, twelve county judge districts are hereby created:
District No. 1 shall contain the counties of Saline, Jefferson, Gage, Thayer, Johnson, Pawnee, Nemaha, and Richardson;
District No. 2 shall contain the counties of Sarpy, Cass, and Otoe;
District No. 3 shall contain the county of Lancaster;
District No. 4 shall contain the county of Douglas;
District No. 5 shall contain the counties of Merrick, Platte, Colfax, Boone, Nance, Hamilton, Polk, York, Butler, Seward, and Saunders;
District No. 6 shall contain the counties of Dixon, Dakota, Cedar, Burt, Thurston, Dodge, and Washington;
District No. 7 shall contain the counties of Knox, Cuming, Antelope, Pierce, Wayne, Madison, and Stanton;
District No. 8 shall contain the counties of Cherry, Keya Paha, Brown, Rock, Blaine, Loup, Custer, Boyd, Holt, Garfield, Wheeler, Valley, Greeley, Sherman, and Howard;
District No. 9 shall contain the counties of Buffalo and Hall;
District No. 10 shall contain the counties of Fillmore, Adams, Clay, Phelps, Kearney, Harlan, Franklin, Webster, and Nuckolls;
District No. 11 shall contain the counties of Hooker, Thomas, Arthur, McPherson, Logan, Keith, Perkins, Lincoln, Dawson, Chase, Hayes, Frontier, Gosper, Dundy, Hitchcock, Red Willow, and Furnas; and
District No. 12 shall contain the counties of Sioux, Dawes, Box Butte, Sheridan, Scotts Bluff, Morrill, Garden, Banner, Kimball, Cheyenne, Grant, and Deuel.
District 4 shall have twelve county judges. District 3 shall have seven county judges. Districts 5, 9, 11, and 12 shall have five county judges. Districts 2 and 6 shall have four county judges. Districts 1, 7, 8, and 10 shall have three county judges.
Judge of the county court shall include any person appointed to the office of county judge or municipal judge prior to July 1, 1985, pursuant to Article V, section 21, of the Constitution of Nebraska.
Any person serving as a municipal judge in district 3 or 4 immediately prior to July 1, 1985, shall be a judge of the county court and shall be empowered to hear only those cases as provided in section 24-517 which the presiding judge of the county court for such district, with the concurrence of the Supreme Court, shall direct.
Source
Laws 1972, LB 1032, § 3;
Laws 1974, LB 785, § 1;
Laws 1980, LB 618, § 2;
Laws 1984, LB 13, § 7;
Laws 1985, LB 287, § 2;
Laws 1986, LB 516, § 3;
Laws 1987, LB 509, § 1;
Laws 1990, LB 822, § 13;
Laws 1991, LB 181, § 2;
Laws 1992, LB 1059, § 4;
Laws 1993, LB 306, § 2;
Laws 1998, LB 404, § 2;
Laws 2007, LB377, § 3;
Laws 2012, LB790, § 1;
Laws 2023, LB799, § 5.
Operative Date: September 2, 2023
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-505.01 - County judge; eligibility.

24-505.01.
County judge; eligibility.
No person shall be eligible for the office of county judge unless he or she:
(1) Is at least thirty years of age;
(2) Is a citizen of the United States;
(3) Has been engaged in the practice of law in the State of Nebraska for at least five years, which may include prior service as a judge;
(4) Is currently admitted to practice before the Nebraska Supreme Court; and
(5) Is, on the effective date of appointment, a resident of the county court district to be served, and remains a resident of such district during the period of service.
This section and sections 24-202, 24-301, 43-2,118, 48-153, and 48-153.01 shall not apply to a person serving as a county judge on August 24, 1979, who continues to serve as a county judge after such effective date.
Source
Laws 1979, LB 237, § 7.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-506 - Presiding judge; selection; departments.

24-506.
Presiding judge; selection; departments.
In districts with more than one judge of the county court, the judges shall annually select one of their number as presiding judge and may establish such departments within the court as they deem necessary for determining particular classes of cases.
Source
Laws 1972, LB 1032, § 6;
Laws 1984, LB 13, § 8.
Cross References
Small Claims Department, see section 25-2801.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-507 - Clerk magistrates; appointment; serve as clerk of court; assist clerk of district court; agreement; contents; ex officio clerk of the district court; when.

24-507.
Clerk magistrates; appointment; serve as clerk of court; assist clerk of district court; agreement; contents; ex officio clerk of the district court; when.
(1) There shall be appointed a clerk magistrate to serve each county. Clerk magistrates shall be appointed by the county judge, or judges if the district has more than one county judge, and shall serve at the pleasure of the county judge or judges, subject to personnel rules adopted by the Supreme Court.
(2) The clerk magistrate shall be the clerk of the county court and if appointed as clerk magistrate for more than one county shall be the clerk of the county court for each county.
(3) In counties when the district court clerk or staff is temporarily unavailable, the clerk magistrate as clerk of the county court shall, under the direction of the district court judge and in cooperation and agreement with the Supreme Court, State Court Administrator, and clerk of the district court, assist the clerk of the district court in the provision of district court services which would otherwise require the presence of district court staff. Any agreement entered into under this subsection must be signed and stipulated to by the State Court Administrator, the county board, and the clerk of the district court after obtaining input from the clerk of the county court, a district court judge, a county court judge, and the county attorney. Any agreement entered into under this subsection may include, but is not limited to, financial considerations and scheduling.
(4) When an agreement has been reached pursuant to subdivision (1)(b) of section 32-524 or subsection (3) of section 32-524 for a clerk magistrate as clerk of the county court to be ex officio clerk of the district court, the clerk magistrate shall perform the duties required by law of the clerk of the district court under the direction of the district court judge for the county and the State Court Administrator.
Source
Laws 1972, LB 1032, § 7;
Laws 1986, LB 529, § 2;
Laws 2011, LB669, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-508 - Clerk magistrate; duties; qualifications; education requirements.

24-508.
Clerk magistrate; duties; qualifications; education requirements.
(1) Clerk magistrates may be assigned by the presiding county judge to perform the duties of a clerk magistrate in any other county within the district.
(2) A person shall be eligible for appointment as a clerk magistrate if he or she is a graduate of a high school or holds a certificate of equivalency issued by the State Board of Education.
(3) A clerk magistrate shall comply with the Supreme Court judicial branch education requirements as required by the Supreme Court.
Source
Laws 1972, LB 1032, § 8;
Laws 1974, LB 735, § 1;
Laws 1986, LB 529, § 3;
Laws 2008, LB1014, § 3.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-509 - Judge; clerk magistrate; oath; filing.

24-509.
Judge; clerk magistrate; oath; filing.
Each county judge and clerk magistrate before assuming the duties of office shall take the oath prescribed by law for district judges. Oaths of county judges shall be filed with the Secretary of State. Oaths of clerk magistrates shall be filed in the office of the county clerk.
Source
Laws 1972, LB 1032, § 9;
Laws 1973, LB 226, § 2;
Laws 1986, LB 529, § 4.
Cross References
Oath or affirmation, judicial officers, see Article XV, section 1, Constitution of Nebraska.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-511 - Clerk; powers; duties.

24-511.
Clerk; powers; duties.
The clerk shall have the same power in the county court, unless otherwise specifically provided by law, as the clerk of the district court. The clerk shall keep and be the custodian of the records of the court. The clerk shall receive and account for all fees and money received by the court and shall deposit all money received pursuant to sections 77-2326.01 to 77-2326.09. Provisions for dockets and records of the county courts shall be established by rule of the Supreme Court.
Source
Laws 1972, LB 1032, § 11;
Laws 1973, LB 226, § 3;
Laws 1975, LB 286, § 1;
Laws 1986, LB 525, § 1;
Laws 1986, LB 529, § 1;
Laws 1990, LB 822, § 14.
Cross References
Amercement for neglect of duty, see section 25-1546.
Duties, general provisions, see sections 25-2204 to 25-2214.
Not to practice as an attorney, see section 7-111.
Oaths or affirmations, power to administer, see section 24-1002.
Power to take acknowledgments, see section 24-403.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-513 - County judge; salary; class; expenses.

24-513.
County judge; salary; class; expenses.
On January 6, 1983, and thereafter each county judge shall receive an annual salary in an amount equal to eighty-five percent of the salary set for the Chief Justice and judges of the Supreme Court. As soon as the same may be legally paid under the Constitution of Nebraska after January 1, 2000, each county judge shall receive an annual salary in an amount equal to eighty-eight percent of the salary set for the Chief Justice and judges of the Supreme Court. As soon as the same may be legally paid under the Constitution of Nebraska after January 1, 2001, each county judge shall receive an annual salary in an amount equal to eighty-nine percent of the salary set for the Chief Justice and judges of the Supreme Court. As soon as the same may be legally paid under the Constitution of Nebraska after January 1, 2002, each county judge shall receive an annual salary in an amount equal to ninety percent of the salary set for the Chief Justice and judges of the Supreme Court.
Judges of the county court shall be considered to be of the same class and when one member of the class, as a judge of the county court, is entitled to a raise in salary, all members of the class shall be entitled to such raise in salary. All county judges shall be compensated for necessary travel expenses in the same manner as provided in sections 81-1174 to 81-1177. Salaries of clerk magistrates and other employees of the court shall be set by rule by the Supreme Court.
Source
Laws 1972, LB 1032, § 13;
Laws 1973, LB 40, § 2;
Laws 1975, LB 141, § 1;
Laws 1976, LB 76, § 3;
Laws 1978, LB 672, § 3;
Laws 1979, LB 398, § 3;
Laws 1981, LB 111, § 2;
Laws 1981, LB 204, § 35;
Laws 1986, LB 529, § 6;
Laws 1999, LB 839, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-514 - Salaries; expenses; operational costs; payment; property purchased by county; how treated.

24-514.
Salaries; expenses; operational costs; payment; property purchased by county; how treated.
The State of Nebraska shall pay, with funds appropriated to the Supreme Court, all salaries, benefits, and expenses related to the education and travel of judges and employees of the county courts. The state shall also pay, with funds appropriated to the Supreme Court, the following operational costs of the county courts:
(1) Computer hardware and software used for data processing;
(2) Computer hardware and software used for word processing if the costs are incurred on equipment owned by the state;
(3) Communication line costs arising from data and word processing pursuant to subdivisions (1) and (2) of this section; and
(4) Multi-track recorders, microphones, and playback units used to create verbatim records of county court proceedings.
The county shall pay any county court expense not provided for in this section. All property purchased by the county as a county court expense before September 9, 1993, or on or after September 9, 1993, shall remain the property of the county.
Source
Laws 1972, LB 1032, § 14;
Laws 1973, LB 226, § 4;
Laws 1990, LB 822, § 15;
Laws 1993, LB 593, § 1;
Laws 2007, LB213, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-515 - Courtroom and office facilities; costs; standards; property transfers from municipal courts; standards.

24-515.
Courtroom and office facilities; costs; standards; property transfers from municipal courts; standards.
Each county shall be responsible for all costs involved in establishing, furnishing, and maintaining appropriate courtroom and office facilities for the county court at the county seat. On July 1, 1985, the courtroom and office facilities of a municipal court shall be transferred, by sale, lease, or other arrangement, from cities of the metropolitan or primary class to the county responsible pursuant to this section for the establishing, furnishing, and maintaining of courtroom and office facilities for the county court at the county seat. Payments by a city and county on the bonded indebtedness on any facility constructed for joint use by a city and county shall continue in the same manner and in the same proportionate shares as payments made prior to July 1, 1985, subject to any sale, lease, or other arrangement pursuant to this section. All other property, equipment, books, and records of the municipal courts shall be transferred on July 1, 1985, to the county court.
The Supreme Court shall prescribe minimum standards for all courtroom and office facilities. The Supreme Court may establish standards by class of county, based on population, caseload, and other pertinent factors.
Source
Laws 1972, LB 1032, § 15;
Laws 1984, LB 13, § 10;
Laws 1992, LB 1059, § 5;
Laws 1993, LB 593, § 2;
Laws 2011, LB669, § 4.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-516 - Judge; interchange; vacancy, disqualification, absence, or temporary incapacity; Chief Justice; temporary appointment; appointment of district judge to act; when; effect.

24-516.
Judge; interchange; vacancy, disqualification, absence, or temporary incapacity; Chief Justice; temporary appointment; appointment of district judge to act; when; effect.
(1) The county judges may interchange and hold each other's court. Whenever requested by a county judge of another county judge district or it appears by affidavit, to the satisfaction of any county judge in the state, that the judge of any other county judge district is unable to act, on account of sickness, interest, or absence from the county judge district or from any other cause, the judge to whom application is made shall have power to make any order or do any act relative to any suit, judicial matter, or proceeding or to any special matter arising within the county judge district where such vacancy or disability exists which the judge of such county court could make or do. The order or act shall have the same effect as if made or done by the judge of such county judge district.
(2) In addition to subsection (1) of this section, in the event of a vacancy in the office of county judge or the disqualification, absence, or the temporary incapacity of a county judge, the Chief Justice of the Supreme Court may designate a county judge from another county judge district to temporarily perform the duties of the office. The Chief Justice also may assign a county judge to temporarily perform duties in another county judge district when in his or her opinion such assignment would be beneficial to the administration of justice.
(3) A county judge may appoint by order a consenting district judge residing in the county judge district to act as county judge in specific instances on any matter over which the county court has determined that it has jurisdiction over the parties and subject matter. The appointed district judge shall have power to make any order or do any act relative to any suit, judicial matter, or proceeding or to any special matter which the county judge of such county judge district could make or do. Any such order or act shall have the same effect as if made or done by the county judge of such county judge district. A district judge shall not hear any appeals of matters in which he or she acted as a county judge. A copy of the order of appointment shall be filed in each action in which a district judge acts as a county judge.
Source
Laws 1972, LB 1032, § 16;
Laws 1973, LB 226, § 5;
Laws 1977, LB 5, § 1;
Laws 1986, LB 516, § 4;
Laws 2007, LB214, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-519 - Clerk magistrate; duties.

24-519.
Clerk magistrate; duties.
Clerk magistrates shall have authority to perform the following duties:
(1) To conduct any proceeding which is based on a misdemeanor, traffic infraction, violation of a city or village ordinance, or traffic violation or infraction under the laws of this state, except the trial of defendants who plead not guilty or for whom a not guilty plea has been entered. Any penalty imposed under this subdivision shall be made pursuant to a schedule established by the Supreme Court. Such schedule shall not provide for imprisonment;
(2) To conduct any proceeding for the issuance of warrants for arrest or for searches and seizures when no county or district judge is available in the county;
(3) To hear and determine any nonfelony proceeding for preliminary examination to determine probable cause or the release on bail of persons charged with bailable offenses;
(4) To determine temporary custody of a juvenile pursuant to sections 43-251, 43-253, 43-254, and 43-258. An order of a clerk magistrate shall be reviewed by the county judge upon the written request of any party to the action within ten days of the order. Such order may be affirmed, modified, or set aside by the county judge. The clerk magistrate may also appoint a guardian ad litem as provided in section 43-272.01;
(5) To hear and determine noncontested proceedings relating to decedents' estates, inheritance tax matters, and guardianship or conservatorship, except that matters relating to the construction of wills and trusts, the determination of title to real estate, and an authorization of the sale or mortgaging of real estate shall not be heard by a clerk magistrate; and
(6) To enter orders for hearings and trials, including orders for garnishment and hearings on distribution of garnished funds.
Source
Laws 1972, LB 1032, § 19;
Laws 1976, LB 585, § 1;
Laws 1985, LB 373, § 1;
Laws 1986, LB 529, § 8;
Laws 1987, LB 601, § 1;
Laws 1992, LB 1184, § 7.
Annotations
A clerk magistrate has no authority to make a determination as to whether probable cause exists to continue to detain a defendant. State v. Nissen, 252 Neb. 51, 560 N.W.2d 157 (1997).
"Construction" includes the process of determining the correct sense, real meaning, or proper explanation of an ambiguous term, phrase, or provision of a will. In re Estate of Walker, 224 Neb. 812, 402 N.W.2d 251 (1987).
Prosecution of a traffic infraction is a misdemeanor criminal proceeding authorizing a nonlawyer associate judge of the county court to preside in any such proceeding. Miller v. Peterson, 208 Neb. 658, 305 N.W.2d 364 (1981).
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-520 - Clerk magistrates; assignment; written orders.

24-520.
Clerk magistrates; assignment; written orders.
All assignments of matters to clerk magistrates shall be by written order signed by the presiding county judge and filed with the clerk. No order or judgment shall be void or subject to collateral attack solely because it was rendered pursuant to improper assignment to a clerk magistrate.
Source
Laws 1972, LB 1032, § 20;
Laws 1986, LB 529, § 9.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-521 - Nebraska County Court Judges Association; created; duties.

24-521.
Nebraska County Court Judges Association; created; duties.
The Nebraska County Court Judges Association is hereby created which shall consist of all the active judges of the county courts of this state and their successors in office. The association shall:
(1) Meet at least once during each calendar year;
(2) Select from its membership officers thereof; and
(3) Adopt such bylaws and rules as may be necessary or proper for the conduct of its meetings, the exercise of its powers, and the performance of its duties and delegate to one or more of its members such powers as the association deems necessary to carry out its responsibilities.
Source
Laws 1999, LB 315, § 1.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-594 - Exercise of jurisdiction; ratified.

24-594.
Exercise of jurisdiction; ratified.
The exercise of any jurisdiction, prior to, on, or after July 1, 1985, authorized by law and any action taken pursuant to such exercise are hereby ratified and shall not be subject to attack for the sole reason that they were not authorized at the time.
Source
Laws 1984, LB 13, § 11.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-701.01 - Act, how cited.

24-701.01.
Act, how cited.
Sections 24-701 to 24-714 shall be known and may be cited as the Judges Retirement Act.
Source
Laws 1996, LB 847, § 12;
Laws 1997, LB 624, § 10;
Laws 1998, LB 532, § 1;
Laws 1998, LB 1191, § 36;
Laws 2001, LB 408, § 7;
Laws 2002, LB 407, § 11;
Laws 2004, LB 1097, § 10;
Laws 2010, LB950, § 8;
Laws 2011, LB509, § 9;
Laws 2015, LB468, § 2.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-701.02 - Changes to act; operative; when.

24-701.02.
Changes to act; operative; when.
Any changes made to the Judges Retirement Act affecting retirement benefits shall be so interpreted as to effectuate their general purpose to provide, in the public interest, adequate retirement benefits for judges and to permit a change in such retirement benefits as soon as the same may become operative under the Constitution of Nebraska.
Source
Laws 2004, LB 1097, § 9.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-702 - Nebraska Retirement Fund for Judges; Nebraska Judges Retirement Act Expense Fund; created; use.

24-702.
Nebraska Retirement Fund for Judges; Nebraska Judges Retirement Act Expense Fund; created; use.
(1) There is hereby created in the state treasury a fund to be known as the Nebraska Retirement Fund for Judges which shall be administered by the board and to which shall be credited all money appropriated or transferred by law thereto. The fund is hereby appropriated and made available to the board for the uses and purposes prescribed by the provisions of the Judges Retirement Act.
(2) The employer contribution to the fund shall consist of the amounts remitted pursuant to subsection (3) of section 24-703.
(3) The Nebraska Judges Retirement Act Expense Fund is created. The fund shall be credited with money from the retirement system assets and income sufficient to pay the pro rata share of administrative expenses incurred as directed by the board for the proper administration of the Judges Retirement Act and necessary in connection with the administration and operation of the retirement system.
Source
Laws 1955, c. 83, § 2, p. 245;
Laws 1994, LB 833, § 13;
Laws 2001, LB 408, § 8;
Laws 2002, LB 407, § 12;
Laws 2005, LB 364, § 6.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-703.01 - Participation in retirement system; requirements.

24-703.01.
Participation in retirement system; requirements.
On and after July 1, 2010, no judge shall be authorized to participate in the retirement system provided for in the Judges Retirement Act unless the judge (a) is a United States citizen or (b) is a qualified alien under the federal Immigration and Nationality Act, 8 U.S.C. 1101 et seq., as such act existed on January 1, 2009, and is lawfully present in the United States.
Source
Laws 2010, LB950, § 9.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-703.03 - Elections authorized.

24-703.03.
Elections authorized.
Any future member who has not previously retired prior to July 1, 2004, may elect to make contributions as provided in subdivision (2)(b) of section 24-703 and receive benefits as described in sections 24-707.01 and 24-708. Such election shall be made by written notice delivered to the board not later than ninety days after July 1, 2004.
Source
Laws 2004, LB 1097, § 8.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-704.01 - Board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.

24-704.01.
Board; power to adjust contributions and benefits; overpayment of benefits; investigatory powers; subpoenas.
(1)(a) If the board determines that the retirement system has previously received contributions or distributed benefits which for any reason are not in accordance with the Judges Retirement Act, the board shall refund contributions, require additional contributions, adjust benefits, or require repayment of benefits paid. In the event of an overpayment of a benefit, the board may, in addition to other remedies, offset future benefit payments by the amount of the prior overpayment, together with regular interest thereon. In the event of an underpayment of a benefit, the board shall immediately make payment equal to the deficit amount plus regular interest.
(b) The board shall have the power, through the director of the Nebraska Public Employees Retirement Systems or the director's designee, to make a thorough investigation of any overpayment of a benefit, when in the judgment of the retirement system such investigation is necessary, including, but not limited to, circumstances in which benefit payments are made after the death of a member or beneficiary and the retirement system is not made aware of such member's or beneficiary's death. In connection with any such investigation, the board, through the director or the director's designee, shall have the power to compel the attendance of witnesses and the production of books, papers, records, and documents, whether in hardcopy, electronic form, or otherwise, and issue subpoenas for such purposes. Such subpoenas shall be served in the same manner and have the same effect as subpoenas from district courts.
(2) The board may adopt and promulgate rules and regulations implementing this section, which shall include, but not be limited to, the following: (a) The procedures for refunding contributions, adjusting future contributions or benefit payments, and requiring additional contributions or repayment of benefits; (b) the process for a member, member's beneficiary, employee, or employer to dispute an adjustment of contributions or benefits; and (c) notice provided to all affected persons. All notices shall be sent prior to an adjustment and shall describe the process for disputing an adjustment of contributions or benefits.
Source
Laws 1996, LB 1076, § 10;
Laws 2004, LB 1097, § 12;
Laws 2015, LB40, § 6;
Laws 2018, LB1005, § 14.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-705 - Technical and administrative employees; actuary; report; expenses.

24-705.
Technical and administrative employees; actuary; report; expenses.
The board shall have the power to secure and employ the services of such technical and administrative employees as are necessary to carry out the Judges Retirement Act. Pursuant to subdivision (2)(e) of section 84-1503, the board shall have an annual report prepared by a member of the American Academy of Actuaries showing a complete valuation of the present and prospective assets and liabilities of the fund created by the act. Such valuation shall be on the basis of actuarial assumptions recommended by the actuary, approved by the board, and kept on file with the board. The report shall further include a prospectus of the amount of the appropriation that will be required from the Legislature for the succeeding year. This report shall be furnished electronically to the Clerk of the Legislature at each regular session. Each member of the Legislature shall receive an electronic copy of such report by making a request for it to the director. The employees of the board shall be paid at such rates as the board shall approve. All administrative expenses shall be paid from the retirement fund.
Source
Laws 1955, c. 83, § 5, p. 247;
Laws 1971, LB 987, § 7;
Laws 1979, LB 322, § 7;
Laws 1981, LB 462, § 3;
Laws 1994, LB 833, § 18;
Laws 1995, LB 502, § 1;
Laws 1998, LB 1191, § 37;
Laws 2012, LB782, § 25.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-706 - Termination of employment; return of contributions, when; rejoining system.

24-706.
Termination of employment; return of contributions, when; rejoining system.
(1) Upon termination of employment, any member whose service is terminated prior to age sixty-five for any cause other than death or disability may, upon request to the board:
(a) Have returned to him or her the total amount of contributions which he or she has made to the fund, plus regular interest, and the return of such contributions to such judge shall preclude such judge from any benefits under the Judges Retirement Act unless and until such judge again serves in such capacity and repays his or her withdrawals pursuant to section 24-706.01. If the member chooses not to repay such withdrawals with interest, the member shall enter the retirement system as a new member with no prior rights; or
(b) Leave his or her contributions in the fund and receive a retirement annuity as provided in sections 24-708 and 24-710.
(2) Any member whose service is terminated at or subsequent to age sixty-five shall be considered as beginning normal retirement and annuity payments shall begin as provided in section 24-710.
Source
Laws 1955, c. 83, § 6, p. 247;
Laws 1959, c. 95, § 3, p. 412;
Laws 1969, c. 178, § 3, p. 765;
Laws 1974, LB 905, § 4;
Laws 1975, LB 42, § 1;
Laws 1986, LB 92, § 3;
Laws 1989, LB 506, § 4;
Laws 1994, LB 833, § 19;
Laws 1996, LB 1076, § 9;
Laws 1997, LB 624, § 11;
Laws 1999, LB 703, § 5;
Laws 2000, LB 1192, § 6;
Laws 2001, LB 408, § 10.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-706.01 - Termination of employment prior to eligibility to retire; rejoining system; effect.

24-706.01.
Termination of employment prior to eligibility to retire; rejoining system; effect.
A member who terminates employment prior to becoming eligible to retire and again serves as a judge may elect to repay part or all of the amount he or she had withdrawn as a refund pursuant to section 24-706 plus the interest that would have accrued on such amount. Payment shall commence prior to termination of employment, shall not be extended more than five years after the date the member elects to repay his or her refund, and shall be completed prior to termination of employment. Prior service and rights shall be restored in proportion to the amounts repaid, and the prior service and rights of the member shall be fully restored only if he or she repays all accumulated withdrawals plus interest which would have accrued on that amount.
Source
Laws 2001, LB 408, § 11.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-707.01 - Surviving spouse; benefits; applicable, when.

24-707.01.
Surviving spouse; benefits; applicable, when.
(1) This section only applies to a judge who first served as a judge on or after July 1, 2004, and to a future member who elects to make contributions and receive benefits as provided in section 24-703.03.
(2) In the event of the death of a judge subsequent to retirement, his or her surviving spouse, if any, shall be entitled to receive, if the surviving spouse was born not more than five years subsequent to the birth of the deceased judge, a monthly benefit payable for life equal to fifty percent of the monthly benefit the retired judge was entitled to receive under the normal form of payment. Such benefit to the surviving spouse shall be provided without actuarial reduction or other assessment to the retired judge in determining his or her benefits. The entire cost of such a benefit shall be assumed by the fund. This benefit value may be applied on an actuarially equivalent basis to any joint and survivor benefit elected by a retiring judge with the surviving spouse as named beneficiary.
(3) In the event that the spouse of a retiring judge was born more than five years subsequent to the birth of the judge, such benefit to the judge described under subsection (2) of this section shall be reduced by the actuarial cost of providing a benefit to the surviving spouse equal to fifty percent of the benefit the retired judge was entitled to receive. The reduction to the retired judge's benefit shall be limited to that portion of the actuarial cost that exceeds the actuarial cost if the spouse was born five years subsequent to the judge. In the event of the death of a retired judge as described by this subsection, his or her surviving spouse shall receive a monthly benefit payable for life equal to fifty percent of the monthly benefit received by the deceased judge.
(4) This section shall not prevent a retiring judge from contracting to provide a larger percentage of benefit for a surviving spouse under other applicable statutes.
Source
Laws 2004, LB 1097, § 7.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-708.01 - Retired member; reemployment; how treated.

24-708.01.
Retired member; reemployment; how treated.
For a member who retired under section 24-708 and becomes employed full-time or part-time as a judge in the state after his or her retirement date, the retired member shall continue receiving retirement benefits, shall be treated as a new judge for all purposes of the Judges Retirement Act, and shall receive service credit only for service commencing from the date of reemployment. Retired judges who are assigned to temporary duty as provided in sections 24-729 to 24-733 shall not become contributing active members in the retirement system and shall not receive any service credits.
Source
Laws 1997, LB 624, § 14.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-709 - Judge; physically or mentally disabled; retirement; Commission on Judicial Qualifications; application; examination; benefits.

24-709.
Judge; physically or mentally disabled; retirement; Commission on Judicial Qualifications; application; examination; benefits.
Any judge, except a clerk magistrate, who has become physically or mentally disabled, which disability seriously interferes with the performance of his or her duties and which disability is determined to be permanent or reasonably likely to become permanent, may, upon being found so disabled by the Commission on Judicial Qualifications, retire or be retired, and upon such retirement he or she shall be entitled to receive the retirement annuity as provided in section 24-710. Any judge, or the guardian of any judge, so permanently disabled desiring to so retire, shall file an application for such retirement with the commission, which application shall be in such form and contain such information as such commission shall require. Such commission may require such judge to be examined by a physician appointed by the commission and may require such other evidence and proof of disability as it deems necessary to reach a determination as to whether such judge is so permanently disabled. If the commission determines that any such judge is so permanently disabled, it shall promptly notify the judge and the Public Employees Retirement Board and thereupon such judge shall be placed on retirement by the board and receive the retirement annuity each month as is provided in section 24-710.
Source
Laws 1955, c. 83, § 9, p. 248;
Laws 1971, LB 987, § 8;
Laws 1983, LB 223, § 3;
Laws 1986, LB 529, § 19.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-709.01 - Judicial retirement proceedings before Commission on Judicial Qualifications; confidential.

24-709.01.
Judicial retirement proceedings before Commission on Judicial Qualifications; confidential.
All documents filed with and proceedings before the Commission on Judicial Qualifications pursuant to sections 24-709 and 24-712 shall be confidential.
Source
Laws 1981, LB 475, § 12;
Laws 2000, LB 1192, § 8.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-709.02 - Certain clerk magistrates; disabled; retirement; Public Employees Retirement Board; application; examination; benefits.

24-709.02.
Certain clerk magistrates; disabled; retirement; Public Employees Retirement Board; application; examination; benefits.
(1) Clerk magistrates who were associate county judges and members of the fund at the time of their appointment as clerk magistrates shall have questions of disability decided by the Public Employees Retirement Board. Any such clerk magistrate may be retired as a result of disability either upon his or her own application or upon the application of an employer or any person acting in his or her behalf. Upon such retirement he or she shall be entitled to receive the retirement annuity as provided in section 24-710. Before any such clerk magistrate may be retired, a medical examination shall be made at the expense of the Nebraska Retirement Fund for Judges, which examination shall be conducted by a disinterested physician legally authorized to practice medicine under the laws of the state in which he or she practices, such physician to be selected by the board, and the physician shall certify to the board that the clerk magistrate is physically or mentally incapable of further performing his or her duties and should be retired. The application for disability retirement shall be made within one year of termination of employment.
(2) The board may require any such disability beneficiary who has not attained the age of sixty-five to undergo a medical examination at the expense of the board once each year. Should any disability beneficiary refuse to undergo such an examination, his or her disability retirement benefit may be discontinued by the board.
Source
Laws 1983, LB 223, § 5;
Laws 1986, LB 529, § 20;
Laws 1997, LB 623, § 9.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.01 - Judges; alternative contribution rate and retirement benefit; election; notice.

24-710.01.
Judges; alternative contribution rate and retirement benefit; election; notice.
Any original member, as defined in section 24-701, who has not previously retired, may elect to make contributions and receive benefits pursuant to subsection (2) of section 24-703 and subsection (2) of section 24-710, instead of those provided by subsection (1) of section 24-703 and subsection (1) of section 24-710. Such election shall be by written notice delivered to the board not later than November 1, 1981. Such member shall thereafter be considered a future member.
Source
Laws 1977, LB 344, § 1;
Laws 1981, LB 459, § 5;
Laws 1986, LB 92, § 6;
Laws 2016, LB790, § 3;
Laws 2017, LB415, § 20;
Laws 2023, LB103, § 6.
Operative Date: May 2, 2023
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.02 - Retirement benefits; exemption from legal process; exception.

24-710.02.
Retirement benefits; exemption from legal process; exception.
All annuities or benefits which any person shall be entitled to receive under the Judges Retirement Act shall not be subject to garnishment, attachment, levy, the operation of bankruptcy or insolvency laws, or any other process of law whatsoever and shall not be assignable except to the extent that such annuities or benefits are subject to a qualified domestic relations order under the Spousal Pension Rights Act.
Source
Laws 1986, LB 311, § 12;
Laws 1989, LB 506, § 8;
Laws 1994, LB 833, § 23;
Laws 1995, LB 574, § 37;
Laws 1996, LB 1273, § 22;
Laws 2004, LB 1097, § 16;
Laws 2012, LB916, § 16;
Laws 2015, LB40, § 7.
Cross References
Spousal Pension Rights Act, see section 42-1101.
2023 Nebraska Revised Statutes › Chapter 24 - Courts › 24-710.03 - Judges; purchase of service credit; application of section.

24-710.03.
Judges; purchase of service credit; application of section.
Any future member who has served as a judge for eighteen years but less than twenty years prior to July 15, 1992, and who has, prior to such date, contributed and earned the maximum benefit pursuant to subsection (2) of section 24-710 may purchase up to two years of service credit in order to qualify for the maximum benefit in effect after July 15, 1992. Service credit may only be purchased for actual time served as a judge. The amount to be paid shall not exceed the amount the member would have paid into the system based on the compensation and two years of service immediately following the year in which the member reached the maximum benefit in effect prior to July 15, 1992, plus the interest on that amount which would have accrued under the retirement system provided by the Judges Retirement Act. Any payment made pursuant to this section by a member to qualify for the maximum benefit in effect after July 15, 1992, shall be received by the retirement system office by December 31, 1993. Any such payment shall be made in a single lump sum.
This section shall not apply to any member who retires prior to July 15, 1992.
Source
Laws 1992, LB 682, § 4;
Laws 1993, LB 363, § 1;
Laws 1994, LB 833, § 24;
Laws 1996, LB 847, § 17.