Nebraska Const. Article V | Constitution of Nebraska — Article V

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V-1 Power vested in courts; Chief Justice; powers.

Reissue Revised Statutes of Nebraska

V-1

Power vested in courts; Chief Justice; powers.

The judicial power of the state shall be vested in a Supreme Court, an appellate court, district courts, county courts, in and for each county, with one or more judges for each county or with one judge for two or more counties, as the Legislature shall provide, and such other courts inferior to the Supreme Court as may be created by law. In accordance with rules established by the Supreme Court and not in conflict with other provisions of this Constitution and laws governing such matters, general administrative authority over all courts in this state shall be vested in the Supreme Court and shall be exercised by the Chief Justice. The Chief Justice shall be the executive head of the courts and may appoint an administrative director thereof.

Neb. Const. art. VI, sec. 1 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 1;

Amended 1970, Laws 1969, c. 419, sec. 1, p. 1432;

Amended 1990, Laws 1990, LR 8, sec. 1.

1. Establishment of courts

2. Functions of judicial department

3. Judicial powers of administrative boards

4. Miscellaneous

1. Establishment of courts

Act establishing Court of Industrial Relations does not violate any constitutional provision and the standards for its guidance are adequate. Orleans Education Assn. v. School Dist. of Orleans, 193 Neb. 675, 229 N.W.2d 172 (1975).

The Legislature has power to create courts inferior to the Supreme Court. Anderson v. Tiemann, 182 Neb. 393, 155 N.W.2d 322 (1967).

Legislature has power to abolish justice of the peace courts only as an incident to the exercise of the power to substitute other courts for the justice of the peace courts. State ex rel Woolsey v. Morgan, 138 Neb. 635, 294 N.W. 436 (1940).

Justice courts are courts created by the Constitution, and only persons licensed to practice law are entitled to practice in such courts. State ex rel. Hunter v. Kirk, 133 Neb. 625, 276 N.W. 380 (1937).

Workmen's Compensation Court was created pursuant to this section. City of Lincoln v. Nebraska Workmen's Compensation Court, 133 Neb. 225, 274 N.W. 576 (1937).

Legislature may substitute municipal court for justice of peace court within such districts. State ex rel. Wright v. Brown, 131 Neb. 239, 267 N.W. 466 (1936).

Legislature may provide for justice of the peace districts, etc., and may substitute other courts for justice courts within such districts. State ex rel. Bunce v. Kubat, 110 Neb. 362, 193 N.W. 754 (1923).

County judge is constitutional officer, and can be removed only by impeachment. Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

Police magistrate is a constitutional office, and the term thereof is fixed by Constitution. State ex rel. McDermott v. Reilly, 94 Neb. 232, 142 N.W. 923 (1913), rehearing denied 94 Neb. 238, 143 N.W. 200 (1913).

Police judge is judicial constitutional officer and must be elected as such. State ex rel. Benson v. Mayor & Council of City of Hastings, 91 Neb. 304, 135 N.W. 1028 (1912); State ex rel. Gordon v. Moores, 61 Neb. 9, 84 N.W. 399 (1900); State ex rel. Wheeler v. Stuht, 52 Neb. 209, 71 N.W. 941 (1897).

County courts are by this section made courts of record. Noakes v. Switzer, 12 Neb. 156, 10 N.W. 536 (1881).

Justice of the peace is a state office and the person filling that office is an officer of the state included in the term public officers under agreement with the Federal Security Administrator requiring social security contributions from state based on compensation paid to officers of the state. State v. Finch, 339 F.Supp. 528 (D. Neb. 1972).

County courts are by this section made a part of the judicial power of the state, being courts of record, with certain constitutional original jurisdiction as well as that given them by statute. City of Hattiesburg v. First National Bank of Hattiesburg, 8 F.Supp. 157 (S. D. Miss. 1934).

2. Functions of judicial department

By creating and regulating Judicial Branch Education, the Nebraska Supreme Court is exercising a power constitutionally committed to it. State ex rel. Veskrna v. Steel, 296 Neb. 581, 894 N.W.2d 788 (2017).

The Nebraska Supreme Court is vested with the sole power to admit persons to the practice of law in this state and to fix qualifications for admission to the Nebraska bar. In re Application of Brown, 270 Neb. 891, 708 N.W.2d 251 (2006).

A court cannot, in enforcing directives of a superior court, deprive a party of legal or substantive rights by acting in an arbitrary or unreasonable manner which is inconsistent with or contravenes principles of general law or constitutional or statutory provisions. In re Estate of Reed, 267 Neb. 121, 672 N.W.2d 416 (2003).

The Supreme Court has administrative authority over all inferior courts. It is essential for the Supreme Court, as a part of its inherent authority, to provide inferior courts with case progression standards in order to ensure that cases are properly disposed of in a timely and efficient manner. In re Estate of Reed, 267 Neb. 121, 672 N.W.2d 416 (2003).

The Nebraska Supreme Court, and only that court, is invested with the power to admit persons to the practice of law and to fix qualifications for admission to the bar. Thus, it has the responsibility to adopt and implement systems designed to protect the public and safeguard the judicial system by assuring that those admitted to the bar are of such character and fitness as to be worthy of the trust and confidence such admission implies. In re Application of Majorek, 244 Neb. 595, 508 N.W.2d 275 (1993).

County courts can only acquire jurisdiction through legislative enactment. Miller v. Janecek, 210 Neb. 316, 314 N.W.2d 250 (1982).

This provision clearly grants county courts jurisdiction over actions involving speeding violations. State v. Jones, 209 Neb. 296, 307 N.W.2d 126 (1981).

Establishment of judicial department conferred authority necessary to exercise its powers as coordinate department of government. State ex rel. Ralston v. Turner, 141 Neb. 556, 4 N.W.2d 302 (1942).

Supreme Court is vested with sole power to admit persons to practice of law and fix their qualifications. State ex rel. Wright v. Hinckle, 137 Neb. 735, 291 N.W. 68 (1940).

It is an imperative duty of the judicial department of government to protect its jurisdiction at the boundaries of power fixed by the Constitution. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Right to define and regulate the practice of law belongs to the Judicial Department of State Government. In re Integration of the Nebraska State Bar Association, 133 Neb. 283, 275 N.W. 265 (1937).

This section places judicial power in the courts. Laverty v. Cochran, 132 Neb. 118, 271 N.W. 354 (1936).

Supreme Court is vested with sole power to admit persons to practice of law in this state and to fix qualifications for admission to the bar. State ex rel. Wright v. Barlow, 131 Neb. 294, 268 N.W. 95 (1936).

Power conferred by special statute on Supreme Court Justice to require election commissioner to file nomination acceptance and place name on ballot is judicial, not quasi-political or administrative. State ex rel. Meissner v. McHugh, 120 Neb. 356, 233 N.W. 1 (1930).

Unless Constitution provides otherwise, Legislature may classify and regulate judicial powers and functions. State ex rel. Smyth v. Magney, 52 Neb. 508, 72 N.W. 1006 (1897).

Judicial power is the authority of some persons or tribunals to hear and determine a controversy and render judgment or decree binding parties thereto. Acknowledgment of deed is not judicial function. Horbach v. Tyrrell, 48 Neb. 514, 67 N.W. 485 (1896).

3. Judicial powers of administrative boards

Provision in Nebraska Clean Waters Commission Act regarding appointment of trustees construed so as not to violate this section. State ex rel. Meyer v. Duxbury, 183 Neb. 302, 160 N.W.2d 88 (1968).

Party who invoked special proceeding could not question constitutionality thereof under this section. Lackaff v. Department of Roads & Irrigation, 153 Neb. 217, 43 N.W.2d 576 (1950).

Reclamation Act did not violate this section. Nebraska Mid-State Reclamation District v. Hall County, 152 Neb. 410, 41 N.W.2d 397 (1950).

Statute providing for board of appraisers designated as "court of condemnation," does not create "court" in contravention of Constitution although board's functions are judicial in nature. City of Mitchell v. Western Public Service Co., 124 Neb. 248, 246 N.W. 484 (1933).

Statute empowering administrative department to cancel water appropriation after hearing, where water was not put to beneficial use, was not void as giving department judicial powers. Dawson County Irr. Co. v. McMullen, 120 Neb. 245, 231 N.W. 840 (1930).

Law authorizing appointment of three district judges to act as appraisers in condemnation of gas plant by municipality does not create new court. In re Appraisement of Omaha Gas Plant, 102 Neb. 782, 169 N.W. 725 (1918).

Conferring upon boards or individuals of executive or administrative functions requiring exercise of judicial powers does not thereby confer judicial functions. Enterprise Irrigation Dist. v. Tri-State Land Co., 92 Neb. 121, 138 N.W. 171 (1912).

Giving discretionary and regulatory powers to administrative board does not make it a judicial body. State ex rel. Prout v. Northwestern Trust Co., 72 Neb. 497, 101 N.W. 14 (1904).

Administrative board was not clothed with judicial functions because it incidentally determines water rights of riparian owners. Crawford Co. v. Hathaway, 60 Neb. 754, 84 N.W. 271 (1900).

Granting to county board of duty of passing on claims against county, with right of appeal to district court, does not confer judicial power. Stenberg v. State ex rel. Keller, 48 Neb. 299, 67 N.W. 190 (1896).

Conferring power on county board to oust county officer for corruption does not of itself confer judicial powers on such board. State ex rel. Walters v. Oleson, 15 Neb. 247, 18 N.W. 45 (1893).

4. Miscellaneous

Article V, section 30(3), of the Nebraska Constitution does not limit suspension with pay to the two instances listed; suspension may be imposed in other instances pursuant to this provision. In re Complaint Against Jones, 255 Neb. 1, 581 N.W.2d 876 (1998).

Where district judges are appointed to appraise property in condemnation proceedings, the body thus created is not a court but a special tribunal. May v. City of Kearney, 145 Neb. 475, 17 N.W.2d 448 (1945).

Creation of municipal courts is provided for in Constitution, and vacancies in office of judge of municipal court must be filled in accordance with constitutional provisions. State ex rel. Hunter v. Maguire, 136 Neb. 365, 285 N.W. 921 (1939).

An affirmative statute giving a remedy not known to the common law does not take away the common law remedy. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Freedom of press does not extend to contemptuous interferences with pending litigation. State v. Lovell, 117 Neb. 710, 222 N.W. 625 (1929).

Notary public cannot impose fine or imprisonment in punishment for contempt in taking of depositions. Courtnay v. Knox, 31 Neb. 652, 48 N.W. 763 (1891).

District judge is not officer of county, but of state. Jones v. York County, 26 F.2d 623 (8th Cir. 1928).

V-2 Supreme Court; number of judges; quorum; jurisdiction; retired judges, temporary duty; court divisions; assignments by Chief Justice.

Reissue Revised Statutes of Nebraska

V-2

Supreme Court; number of judges; quorum; jurisdiction; retired judges, temporary duty; court divisions; assignments by Chief Justice.

The Supreme Court shall consist of seven judges, one of whom shall be the Chief Justice. A majority of the judges shall be necessary to constitute a quorum. A majority of the members sitting shall have authority to pronounce a decision except in cases involving the constitutionality of an act of the Legislature. No legislative act shall be held unconstitutional except by the concurrence of five judges. The Supreme Court shall have jurisdiction in all cases relating to the revenue, civil cases in which the state is a party, mandamus, quo warranto, habeas corpus, election contests involving state officers other than members of the Legislature, and such appellate jurisdiction as may be provided by law. The Legislature may provide that any judge of the Supreme Court or judge of the appellate court created pursuant to Article V, section 1, of this Constitution who has retired may be called upon for temporary duty by the Supreme Court. Whenever necessary for the prompt submission and determination of causes, the Supreme Court may appoint judges of the district court or the appellate court to act as associate judges of the Supreme Court, sufficient in number, with the judges of the Supreme Court, to constitute two divisions of the court of five judges in each division. Whenever judges of the district court or the appellate court are so acting, the court shall sit in two divisions, and four of the judges thereof shall be necessary to constitute a quorum. Judges of the district court or the appellate court so appointed shall serve during the pleasure of the court and shall have all the powers of judges of the Supreme Court. The Chief Justice shall make assignments of judges to the divisions of the court, preside over the division of which he or she is a member, and designate the presiding judge of the other division. The judges of the Supreme Court, sitting without division, shall hear and determine all cases involving the constitutionality of a statute and all appeals involving capital cases and may review any decision rendered by a division of the court. In such cases, in the event of the disability or disqualification by interest or otherwise of any of the judges of the Supreme Court, the court may appoint judges of the district court or the appellate court to sit temporarily as judges of the Supreme Court, sufficient to constitute a full court of seven judges. Judges of the district court or the appellate court shall receive no additional salary by virtue of their appointment and service as herein provided, but they shall be reimbursed their necessary traveling and hotel expenses.

Neb. Const. art. VI, sec. 2 (1875);

Amended 1908, Laws 1907, c. 202, sec. 1, p. 581;

Amended 1920, Constitutional Convention, 1919-1920, Nos. 15 and 16;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 2;

Amended 1968, Laws 1967, c. 316, sec. 1, p. 846;

Amended 1970, Laws 1969, c. 420, sec. 1, p. 1434;

Amended 1990, Laws 1990, LR 8, sec. 1.

1. Original jurisdiction generally

2. Appellate jurisdiction

3. Declaratory relief

4. Quo warranto

5. Supermajority requirement

6. Miscellaneous

1. Original jurisdiction generally

An appeal challenging a Bar Commission order does not invoke the Supreme Court's original jurisdiction, and, as such, the Supreme Court lacks jurisdiction to award costs, damages, and other relief. In re Appeal of Z.H., 311 Neb. 746, 975 N.W.2d 142 (2022).

The Supreme Court has original jurisdiction to consider habeas corpus proceedings, but does not ordinarily entertain original actions, unless some good reason is shown why the application was not made to a county or district court. Smeal Fire Apparatus Co. v. Kreikemeier, 271 Neb. 616, 715 N.W.2d 134 (2006).

The Nebraska Constitution places original sentencing authority in the district courts and does not provide sentencing as one of the Supreme Court's powers. State v. Reeves, 258 Neb. 511, 604 N.W.2d 151 (2000).

Jurisdiction in this case accepted by the Supreme Court because the state is a party and has an interest relating to the revenue. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).

Original jurisdiction existed over action relating to validity of Judges Retirement Act. Wilson v. Marsh, 162 Neb. 237, 75 N.W.2d 723 (1956).

Unless unusual circumstances are present or the matter is of statewide importance, Supreme Court will not issue writ of habeas corpus in the exercise of its original jurisdiction. Williams v. Olson, 143 Neb. 115, 8 N.W.2d 830 (1943).

Original jurisdiction of Supreme Court is limited to cases specified in this section. State ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

On appeal from confirmation of judicial sale to foreclose mortgage on real estate, an application for moratorium is not within original jurisdiction of Supreme Court. Wallace v. Clements, 125 Neb. 358, 250 N.W. 235 (1933).

Repeated violations of criminal statute, harmfully affecting rights of people generally, is "public wrong" enjoinable by Supreme Court in original suit by state as plaintiff. State ex rel. Sorensen v. Ak-Sar-Ben Exposition Co., 118 Neb. 851, 226 N.W. 705 (1929).

Original jurisdiction includes injunction to enforce intoxicating liquor law. State v. Chicago, B. & Q. R. R. Co., 88 Neb. 669, 130 N.W. 295 (1911).

Original jurisdiction in cases in which the state is a party is not confined to those of mere pecuniary interest, but includes cases in which the state seeks to enforce public rights or restrain a public wrong. State v. Pacific Express Co., 80 Neb. 823, 115 N.W. 619 (1908).

Supreme Court has no original jurisdiction to compel accounting by corporation manager. State v. Tabitha Home, 78 Neb. 651, 111 N.W. 586 (1907).

Designation of original jurisdiction in Supreme Court is prohibition in all other cases. Parties cannot by consent confer jurisdiction on Supreme Court. Edney v. Baum, 70 Neb. 159, 97 N.W. 252 (1903).

Supreme Court has no original jurisdiction in cases criminal in nature. Applied to action for collection of penalty. State v. Missouri Pac. Ry. Co., 64 Neb. 679, 90 N.W. 877 (1902).

Where method of procedure in original jurisdiction of Supreme Court is not pointed out either by Constitution or statutes, court will adopt its own rules of procedure. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).

Mandamus cannot be invoked to take place of injunction as preventive remedy only. State ex rel. Dahlman v. Piper, 50 Neb. 25, 69 N.W. 378 (1896).

Legislature cannot confer original jurisdiction of subjects not enumerated in Constitution. Applied to writ of prohibition. State ex rel. King v. Hall, 47 Neb. 579, 66 N.W. 642 (1896).

Original jurisdiction does not include actions for relief for fraud unless state is party. Coombs v. MacDonald, 43 Neb. 632, 62 N.W. 41 (1895).

Unless expressly restricted, original jurisdiction of Supreme Court is concurrent with district courts. In re Petition of Attorney General, 40 Neb. 402, 58 N.W. 945 (1894).

Supreme Court has original jurisdiction to appoint receiver of defunct bank under banking law. State v. Exchange Bank of Milligan, 34 Neb. 198, 51 N.W. 765 (1892); State v. Commercial State Bank, 28 Neb. 677, 44 N.W. 998 (1890).

Supreme Court has no original jurisdiction to try contested elections. Miller v. Wheeler, 33 Neb. 765, 51 N.W. 137 (1892).

Original jurisdiction of Supreme Court is limited to those cases designated by this section. Bell v. Templin, 26 Neb. 249, 41 N.W. 1093 (1889).

2. Appellate jurisdiction

Under this provision, the Nebraska Supreme Court has only such appellate jurisdiction as may be provided by law, meaning that in order for it to have jurisdiction over an appeal, appellate jurisdiction must be specifically provided by the Legislature. Boyd v. Cook, 298 Neb. 819, 906 N.W.2d 31 (2018).

The Nebraska Constitution allocates the regulation of appellate jurisdiction to the Legislature, not to the Nebraska Supreme Court. State v. Blake, 310 Neb. 769, 969 N.W.2d 399 (2022); Heckman v. Marchio, 296 Neb. 458, 894 N.W.2d 296 (2017).

The Nebraska Supreme Court, except in those cases wherein original jurisdiction is specially conferred, exercises appellate jurisdiction, and such appellate jurisdiction can be conferred only in the manner provided by statute. State v. Reeves, 258 Neb. 511, 604 N.W.2d 151 (2000).

Unless the context is shown to intend otherwise, action includes any proceeding in a court and only final orders therein are bases for appeals. Grantham v. General Telephone Co., 187 Neb. 647, 193 N.W.2d 449 (1972).

Appellate jurisdiction of the Supreme Court is limited to review of judgments and final orders. Rhodes v. Houston, 172 Neb. 177, 108 N.W.2d 807 (1961).

Supreme Court has jurisdiction on appeal to grant temporary injunction and appoint receiver. State ex rel. Beck v. Associates Discount Corp., 162 Neb. 683, 77 N.W.2d 215 (1956).

Except in those cases in which original jurisdiction is conferred hereby, Supreme Court exercises appellate jurisdiction only, which can be conferred only in the manner provided by statute. Larson v. Wegner, 120 Neb. 449, 233 N.W. 253 (1930).

Where cause is determined on appeal by concurrence of five judges as provided by this section, motion for rehearing will be denied, where appellant failed to file written request for hearing to full bench. Day v. Metropolitan Utilities Dist., 115 Neb. 711, 216 N.W. 556 (1927).

Act conferring jurisdiction upon Supreme Court to review decisions of the State Railway Commission confers appellate jurisdiction. Hooper Telephone Co. v. Nebraska Telephone Co., 96 Neb. 245, 147 N.W. 674 (1914).

Jurisdiction of Supreme Court limited in both original and appellate, former by Constitution, latter by statutes. Johnson v. Parrotte, 46 Neb. 51, 64 N.W. 363 (1895).

Supreme Court is intended as court of review of judgments of district court. Bell v. Templin, 26 Neb. 249, 41 N.W. 1093 (1889).

State Supreme Court on appeal from decision of State Board of Equalization in proceedings involving valuation and assessment of railroad property for taxation acts in judicial, and not in administrative capacity. Chicago & N. W. Ry. Co. v. Bauman, 69 F.2d 171 (8th Cir. 1934).

3. Declaratory relief

When a party has invoked the Nebraska Supreme Court’s original jurisdiction under one of the causes of action specified in this provision, the court may exercise its authority to grant requested declaratory relief under the Uniform Declaratory Judgments Act or injunctive relief. State ex rel. Loontjer v. Gale, 288 Neb. 973, 853 N.W.2d 494 (2014).

Absent a concurrent basis for jurisdiction over the subject matter of a declaratory judgment action, the Supreme Court of Nebraska does not have original jurisdiction to address declaratory judgment actions. State ex rel. Wieland v. Moore, 252 Neb. 253, 561 N.W.2d 230 (1997).

Declaratory judgment action to determine question of constitutionality of state statute was properly brought in Supreme Court. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964).

Supreme Court has original jurisdiction of declaratory judgment action relating to the revenue of the state. Anderson v. Herrington, 169 Neb. 391, 99 N.W.2d 621 (1959).

State of Nebraska and executive departments thereof may seek relief in original action under Uniform Declaratory Judgments Act. State ex rel. Smrha v. General American Life Ins. Co., 132 Neb. 520, 272 N.W. 555 (1937).

4. Quo warranto

Supreme Court has original jurisdiction in quo warranto to try title to office of member of Board of Control. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

Original jurisdiction in quo warranto is vested in Supreme Court. State ex rel. Johnson v. Consumers Public Power Dist., 142 Neb. 114, 5 N.W.2d 202 (1942).

Supreme Court may decline to take original jurisdiction to oust executive state officer where information fails to state cause of action in quo warranto. State ex rel. Good v. Conklin, 127 Neb. 417, 255 N.W. 925 (1934).

Proceeding by quo warranto is as civil remedy, and is the means employed by state to cancel and recall privilege which corporation has abused. State v. Standard Oil Co., 61 Neb. 28, 84 N.W. 413 (1900); State v. Nebraska Distilling Co., 29 Neb. 700, 46 N.W. 155 (1890).

Jury trial in original quo warranto action in Supreme Court is not demandable as of right. State ex rel. Broatch v. Moores, 56 Neb. 1, 76 N.W. 530 (1898).

Supreme Court has original jurisdiction of quo warranto to determine rights to public office. State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).

Supreme Court has original jurisdiction in quo warranto for determining conflicting claims to public office, but cannot act in contested election claims. State ex rel. Fair v. Frazier, 28 Neb. 438, 44 N.W. 471 (1890).

5. Supermajority requirement

Absent a supermajority concurrence, the Nebraska Supreme Court could not invalidate a statute giving the Governor authority to approve an interstate oil pipeline carrier’s proposed route through the State and bestow upon the carrier the power to exercise eminent domain, despite the majority’s conclusion that the legislation is facially unconstitutional because it transfers the Public Service Commission’s constitutional powers over common carriers to the Governor. Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (2015).

This provision requires that a supermajority of the Nebraska Supreme Court’s members concur before it can strike down legislation as unconstitutional. But it is not a requirement that must be satisfied in order for the court to determine if it may proceed to take action in a case and has no application to jurisdictional decisions. The supermajority requirement comes into play only after the court determines that quorum requirements and jurisdictional requirements are satisfied. Only a majority of the court’s members must concur that the case meets the jurisdictional requirements for the court to consider the constitutionality of a legislative enactment. Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (2015).

Since five judges of the court do not hold that sections 85-1,118 to 85-1,123 are unconstitutional, the sections are constitutional. State ex rel. Spire v. Beermann, 235 Neb. 384, 455 N.W.2d 749 (1990).

Legislative act cannot be held unconstitutional except by concurrence of five Judges of Supreme Court. Sommerville v. Johnson, 149 Neb. 167, 30 N.W.2d 577 (1948); Mehrens v. Greenleaf, 119 Neb. 82, 227 N.W. 325 (1929).

6. Miscellaneous

District judge was empowered to sit with all the powers of the Supreme Court under this provision. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

Purpose of this provision was to create an elastic system which would enable the court to clear its docket, keep it so, and ultimately allow matters to be determined by a full court of seven judges. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

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).

Case on appeal first heard by a division of the Supreme Court and opinion adopted was set for reargument before the full court, and by it affirmed. State v. Schrader, 196 Neb. 632, 244 N.W.2d 498 (1976).

Cited in determining constitutionality of law relating to sale of school lands. State ex rel. Belker v. Board of Educational Lands & Funds, 184 Neb. 621, 171 N.W.2d 156 (1969).

Cited in determining constitutionality of section of Juvenile Court Act. DeBacker v. Brainard, 183 Neb. 461, 161 N.W.2d 508 (1968).

Except in the exercise of its appellate jurisdiction, the Supreme Court is a court of limited and enumerated powers. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967).

District judge may be designated to act as Judge of Supreme Court whenever necessary for prompt submission and determination of causes. Ruehle v. Ruehle, 161 Neb. 691, 74 N.W.2d 689 (1956).

Constitutional questions will not be decided unless necessary to a determination of the case and the protection of some substantial right. State ex rel. Nelson v. Butler, 145 Neb. 638, 17 N.W.2d 683 (1945).

Suit involving constitutional question may be decided on stipulation that absent Justice should participate on briefs. Bauer v. State Game, Forestation & Parks Commission, 138 Neb. 436, 293 N.W. 282 (1940).

Power to correct errors in their own proceedings is inherent in all courts of general jurisdiction. Gate City Co. v. Douglas County, 135 Neb. 531, 282 N.W. 532 (1938).

Private rights of parties which have been vested by the judgment of a court cannot be taken away by subsequent legislation. Mooney v. Drainage Dist. No. 1 of Richardson County, 134 Neb. 192, 278 N.W. 368 (1938).

It is the duty of the Supreme Court not to legislate but to expound the law as written. Ray v. Sanitary Garbage Co., 134 Neb. 178, 278 N.W. 139 (1938).

The Supreme Court has inherent constitutional powers to determine whether facts on which emergency legislation is based have ceased to exist or ever did, in fact, exist. First Trust Co. of Lincoln v. Smith, 134 Neb. 84, 277 N.W. 762 (1938).

Supreme Court is constituted a separate class with respect to payment of salary. State ex rel. Day v. Hall, 129 Neb. 699, 262 N.W. 850 (1935); State ex rel. Taylor v. Hall, 129 Neb. 669, 262 N.W. 835 (1935).

The word "revenue" refers only to those revenues for general state administration and not to those of municipal corporation. Aachen & Munich Fire Insurance Co. v. City of Omaha, 72 Neb. 112, 100 N.W. 137 (1904).

V-3 Terms of Supreme Court.

Reissue Revised Statutes of Nebraska

V-3

Terms of Supreme Court.

At least two terms of the supreme court shall be held each year, at the seat of government.

Neb. Const. art. VI, sec. 3 (1875);

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 3.

V-4 Chief Justice and Judges of the Supreme Court; selection; residence; location of offices.

Reissue Revised Statutes of Nebraska

V-4

Chief Justice and Judges of the Supreme Court; selection; residence; location of offices.

The Chief Justice and the Judges of the Supreme Court shall be selected as provided in this Article V. They may reside at the place where the court is located but shall reside within the state, and no Chief Justice or Judge of the Supreme Court shall be deemed thereby to have lost his or her residence at the place from which he or she was selected. The offices of the Chief Justice and Judges of the Supreme Court shall be at the place where the court is located.

Neb. Const. art. VI, sec. 4 (1875);

Amended 1908, Laws 1907, c. 202, sec. 2, p. 581;

Amended 1920, Constitutional Convention, 1919-1920, No. 17;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 4;

Amended 1962, Laws 1961, c. 252, sec. 2(2), p. 742;

Amended 1998, Laws 1998, LR 303CA, sec. 1.

Judges of the Supreme Court are created as a distinct class for all purposes of legislation affecting them. State ex rel. Day v. Hall, 129 Neb. 699, 262 N.W. 850 (1935); State ex rel. Taylor v. Hall, 129 Neb. 669, 262 N.W. 835 (1935).

V-5 Supreme Court judicial districts; redistricting; when.

Reissue Revised Statutes of Nebraska

V-5

Supreme Court judicial districts; redistricting; when.

The Legislature shall divide the state into six contiguous and compact districts of approximately equal population, which shall be numbered from one to six, which shall be known as the Supreme Court judicial districts. The Legislature shall redistrict the state after each federal decennial census. In any such redistricting, county lines shall be followed whenever practicable, but other established lines may be followed at the discretion of the Legislature. Such districts shall not be changed except upon the concurrence of a majority of the members of the Legislature. Whenever the Supreme Court is redistricted, the judges serving prior to the redistricting shall continue in office, and the law providing for such redistricting shall where necessary specify the newly established districts which they shall represent for the balance of their terms.

Neb. Const. art. VI, sec. 5 (1875);

Amended 1908, Laws 1907, c. 202, sec. 3, p. 581;

Amended 1912, Laws 1911, c. 226, sec. 1, p. 679;

Amended 1920, Constitutional Convention, 1919-1920, No. 17;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 5;

Amended 1962, Laws 1961, c. 252, sec. 2(2), p. 742;

Amended 1970, Laws 1969, c. 421, sec. 1, p. 1437.

Neither this section nor section 7 makes any mention of application to substitute judges. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

V-6 Chief Justice to preside.

Reissue Revised Statutes of Nebraska

V-6

Chief Justice to preside.

The Chief Justice shall preside at all terms and sittings of the supreme court, and in his absence or disability the judges present shall select one of their number chief justice pro tempore.

Neb. Const. art. VI, sec. 6 (1875);

Amended 1908, Laws 1907, c. 202, sec. 4, p. 582;

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 6.

V-7 Chief Justice; Associate Justices; qualifications.

Reissue Revised Statutes of Nebraska

V-7

Chief Justice; Associate Justices; qualifications.

No person shall be eligible to the office of Chief Justice or Judge of the Supreme Court unless he shall be at least thirty years of age, and a citizen of the United States, and shall have resided in this state at least three years next preceding his selection; nor, in the case of a Judge of the Supreme Court selected from a Supreme Court judicial district, unless he shall be a resident and elector of the district from which selected.

Neb. Const. art. VI, sec. 7 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 7;

Amended 1962, Laws 1961, c. 252, sec. 2(2), p. 742.

Neither this section nor section 5 makes any mention of application to substitute judges. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

Unlike officer designated in this section, there is no requirement that candidate for office of Secretary of State be a resident of the state. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).

V-8 Supreme Court appoint staff; budget; copyright of state reports.

Reissue Revised Statutes of Nebraska

V-8

Supreme Court appoint staff; budget; copyright of state reports.

The Supreme Court shall appoint such staff as may be needed for the proper dispatch of the business of the court. The court shall prepare and recommend to each session of the Legislature a budget of the estimated expenses of the court. The copyright of the state reports shall forever remain the property of the state.

Neb. Const. art. VI, sec. 8 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 8;

Amended 1972, Laws 1971, LB 333, sec. 1;

Amended 1990, Laws 1990, LR 8, sec. 1.

V-9 District courts; jurisdiction; felons may plead guilty; sentence.

Reissue Revised Statutes of Nebraska

V-9

District courts; jurisdiction; felons may plead guilty; sentence.

The district courts shall have both chancery and common law jurisdiction, and such other jurisdiction as the Legislature may provide; and the judges thereof may admit persons charged with felony to a plea of guilty and pass such sentence as may be prescribed by law.

Neb. Const. art. VI, sec. 9 (1875);

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 9.

1. Jurisdiction in general

2. Equity jurisdiction

3. Criminal jurisdiction

4. Miscellaneous

1. Jurisdiction in general

Jurisdiction in suits for an injunction are in the district courts which cannot be legislatively limited or controlled. Omaha Fish and Wildlife Club, Inc. v. Community Refuse, Inc., 208 Neb. 110, 302 N.W.2d 379 (1981).

District court had inherent power to punish for contempt of court which Legislature could not limit. State ex rel. Beck v. Frontier Airlines, Inc., 174 Neb. 172, 116 N.W.2d 281 (1962).

District court alone has jurisdiction over controversy between adverse claimants with respect to interpretation of testamentary trust. In re Trust Estate of Myers, 151 Neb. 255, 37 N.W.2d 228 (1949).

While Legislature may grant to district court such other jurisdiction as it may deem proper, it can not limit or take from such courts the general jurisdiction conferred by the Constitution. State ex rel Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937).

Judicial department of government must protect its jurisdiction at boundaries of power fixed by the Constitution. State ex rel. Sorensen v. Mitchell State Bank, 123 Neb. 120, 242 N.W. 283 (1932); State ex rel. Sorensen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932).

Where cause is properly before equity court, the appointment of receiver for failed or insolvent bank is judicial function hereunder, not subject to executive or legislative control. State ex rel. Sorensen v. State Bank of Minatare, 123 Neb. 109, 242 N.W. 278 (1932).

This section refers to jurisdiction of court as such, rather than to duties of judge when acting as court. State ex rel. Thompson v. Neble and Latenser, 82 Neb. 267, 117 N.W. 723 (1908).

Jurisdiction over the subject matter cannot be conferred by consent of parties. Crawford Co. v. Hathaway, 61 Neb. 317, 85 N.W. 303 (1901).

Where Legislature confers right without special tribunal for its enforcement, district court has jurisdiction. Armstrong v. Mayer, 60 Neb. 423, 83 N.W. 401 (1900); Foxworthy v. Lincoln & F. R. R. Co., 13 Neb. 398, 14 N.W. 394 (1882).

Legislature may provide original jurisdiction for district court other than that enumerated in Constitution. Arnold v. Weimer, 40 Neb. 216, 58 N.W. 709 (1894).

2. Equity jurisdiction

The equity jurisdiction of the district court is granted by the Constitution and cannot be legislatively limited or controlled. K N Energy, Inc. v. City of Scottsbluff, 233 Neb. 644, 447 N.W.2d 227 (1989).

The equity jurisdiction granted the district court hereby cannot be legislatively limited or controlled. Village of Springfield v. Hevelone, 195 Neb. 37, 236 N.W.2d 811 (1975).

An action in equity to partition personal property may be brought in the district court by one owning an undivided interest therein against the administrator of the estate of a deceased person. Hoover v. Haller, 146 Neb. 697, 21 N.W.2d 450 (1946).

An equity court has inherent jurisdiction over the administration of charitable trusts. John A. Creighton Home v. Waltman, 140 Neb. 3, 299 N.W. 261 (1941).

The district court has jurisdiction to compel specific performance of contract to leave property to another by bequest, even though the property is personalty. Cox v. Johnston, 139 Neb. 223, 296 N.W. 883 (1941).

The insurance code in no way curbs or abridges the constitutional, common law or equity powers of the district court. Clark v. Lincoln Liberty Life Ins. Co., 139 Neb. 65, 296 N.W. 449 (1941).

The equity power conferred by the Constitution on district courts is ample to grant relief in case where default judgment was obtained through negligence and fraud of attorney and term had expired. Seward v. Churn Ranch Co., 136 Neb. 804, 287 N.W. 610 (1939).

District courts have jurisdiction to hear and determine whether owner of agricultural lands included in corporate limits of city is entitled to have same disconnected therefrom. Witham v. City of Lincoln, 125 Neb. 366, 250 N.W. 247 (1933).

District courts have constitutional equity jurisdiction exercisable without legislative enactment. State ex rel. Sorensen v. Nebraska State Bank of Bloomfield, 124 Neb. 449, 247 N.W. 31 (1933); State v. Odd Fellows Hall Assn., 123 Neb. 440, 243 N.W. 616 (1932).

Equity jurisdiction exists independently of statute and comes from the Constitution. Hall v. Hall, 123 Neb. 280, 242 N.W. 607 (1932).

Equity jurisdiction vested in district courts hereby is beyond Legislature's power to limit or control, and extends to administration of trusts. State ex rel. Sorensen v. Farmers State Bank of Polk, 121 Neb. 532, 237 N.W. 857 (1931); Burnham v. Bennison, 121 Neb. 291, 236 N.W. 745 (1931).

Court has chancery power hereunder to enforce rule of laches barring suit to cancel special assessments brought after four years by parties who petitioned for improvements. Tombrink v. Sarpy County, 120 Neb. 160, 231 N.W. 783 (1930).

District courts have constitutional equity jurisdiction which may be exercised without legislative enactment. Matteson v. Creighton University, 105 Neb. 219, 179 N.W. 1009 (1920).

Equity jurisdiction is beyond power of Legislature to limit or control. Lacey v. Zeigler, 98 Neb. 380, 152 N.W. 792 (1915).

3. Criminal jurisdiction

Under this provision, jail time is to be imposed by judges. The trial court may not delegate the authority to impose a jail sentence, or to eliminate a jail sentence, to a nonjudge. State v. Lee, 237 Neb. 724, 467 N.W.2d 661 (1991).

District courts have such jurisdiction in criminal cases as may be provided by law. State v. Furstenau, 167 Neb. 439, 93 N.W.2d 384 (1958).

Judges of district court may admit persons charged with a felony to plead guilty. Lingo v. Hann, 161 Neb. 67, 71 N.W.2d 716 (1955).

Court, after sentence for less than minimum term prescribed by statute has been served, is without power to vacate it and impose greater penalty. Hickman v. Fenton, 120 Neb. 66, 231 N.W. 510 (1930).

Entire criminal code of Nebraska proceeds upon the principle that a plea of guilty, where it may be received unreservedly, is a waiver of the right to a trial by jury. Smith v. Olson, 44 F.Supp. 456 (D. Neb. 1942).

4. Miscellaneous

Purpose of the medical review panel under the Nebraska Hospital-Medical Liability Act is to provide expert opinion only, not arbitrate the dispute or dispose of the claim. Prendergast v. Nelson, 199 Neb. 97, 256 N.W.2d 657 (1977).

Divorce decree providing for child support is subject to power of district court over its processes and decrees in furtherance of justice. Wassung v. Wassung, 136 Neb. 440, 286 N.W. 340 (1939).

Combining legal and equitable causes of action does not conflict with Constitution. Turner v. Althaus, 6 Neb. 54 (1877).

V-10 District court judicial districts.

Reissue Revised Statutes of Nebraska

V-10

District court judicial districts.

The state shall be divided into district court judicial districts. Until otherwise provided by law, the boundaries of the judicial districts and the number of judges of the district courts shall remain as now fixed. The judges of the district courts shall be selected from the respective districts as provided in this Article V.

Neb. Const. art. VI, sec. 10 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 10;

Amended 1962, Laws 1961, c. 252, sec. 2(2), p. 742.

Under former law, district judge must have been elected for each judicial district. State ex rel. Polk v. Galusha, 74 Neb. 188, 104 N.W. 197 (1905).

Under former law, judges of district court were elected for a term of four years. State ex rel. Wheeler v. Stuht, 52 Neb. 209, 71 N.W. 941 (1897).

Unorganized territory is part of the judicial district of county to which it is attached. State v. Page, 12 Neb. 386, 11 N.W. 495 (1882); Ex parte Crawford, 12 Neb. 379, 11 N.W. 494 (1882).

County cannot be part of two judicial districts. Olive v. State, 11 Neb. 1, 7 N.W. 444 (1881).

District judge is state, not county, officer. Jones v. York County, 26 F.2d 623 (8th Cir. 1928).

V-11 District court judges; change of number; boundaries.

Reissue Revised Statutes of Nebraska

V-11

District court judges; change of number; boundaries.

The Legislature may change the number of judges of the district courts and alter the boundaries of judicial districts. Such change in number or alterations in boundaries shall not vacate the office of any judge. Such districts shall be formed of compact territory bounded by county lines.

Neb. Const. art. VI, sec. 11 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 11;

Amended 1972, Laws 1971, LB 303, sec. 1.

The Governor must approve bills increasing number of districts. State ex rel. Main v. Crounse, 36 Neb. 835, 55 N.W. 246 (1893).

Legislature may provide additional judges of district court. State ex rel. Morton v. Stevenson, 18 Neb. 416, 25 N.W. 585 (1885).

V-12 District court judges may hold court for each other; retired judges, temporary duty.

Reissue Revised Statutes of Nebraska

V-12

District court judges may hold court for each other; retired judges, temporary duty.

The judges of the district court may hold court for each other and shall do so when required by law or when ordered by the Supreme Court. The Legislature may provide that any judge of the district court who has retired may be called upon for temporary duty by the Supreme Court.

Neb. Const. art. VI, sec. 12 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 12;

Amended 1970, Laws 1969, c. 420, sec. 1, p. 1434.

Section 24-729 was enacted in response to this provision. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

District court is court of general jurisdiction of this state divided into judicial districts for the transaction of business; district court is one court of general jurisdiction with interchangeable judges, all exercising the same jurisdiction. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

Supreme Court is given power to order a district judge to serve in a district other than his own. Ruehle v. Ruehle, 161 Neb. 691, 74 N.W.2d 689 (1956).

District judge had jurisdiction to preside over murder trial in another district during absence of regular judge. Iron Bear v. Jones, 149 Neb. 651, 32 N.W.2d 125 (1948).

A district judge is not disqualified to serve in the district court of another district in the state. Rhodes v. Van Steenberg, 225 F.Supp. 113 (D. Neb. 1963).

V-13 Supreme and district judges; salaries.

Reissue Revised Statutes of Nebraska

V-13

Supreme and district judges; salaries.

The chief justice, the judges of the supreme court and the judges of the district court shall receive such salaries as may be provided by law.

Neb. Const. art. VI, sec. 13 (1875);

Amended 1908, Laws 1907, c. 202, sec. 5, p. 582;

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 13.

Legislature had authority to increase during term salaries of Judges of Supreme Court provided to be paid by temporary salary schedule of Constitution. State ex rel. Johnson v. Marsh, 149 Neb. 1, 29 N.W.2d 799 (1947).

Act of 1933, purporting to reduce salaries of judges and other state officers, was unconstitutional. State ex rel. Day v. Hall, 129 Neb. 699, 262 N.W. 850 (1935); State ex rel. Taylor v. Hall, 129 Neb. 669, 262 N.W. 835 (1935).

V-14 Supreme and district judges not to act as attorneys; judge not to practice law, when.

Reissue Revised Statutes of Nebraska

V-14

Supreme and district judges not to act as attorneys; judge not to practice law, when.

No judge of the Supreme or district courts shall act as attorney or counsellor at law in any manner whatsoever. No judge shall practice law in any court in any matter arising in or growing out of any proceedings in his own court.

Neb. Const. art. VI, sec. 14 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 14;

Amended 1970, Laws 1969, c. 419, sec. 1(1), p. 1432.

Participation of county judge as counsel for interested parties was in violation of this section. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).

Participation in litigation by county judge was improper and subject to censure. State ex rel. Nebraska State Bar Assn. v. Bates, 162 Neb. 652, 77 N.W.2d 302 (1956).

County judge cannot practice in any proceeding brought in his own court. State ex rel. Nebraska State Bar Assn. v. Wiebusch, 153 Neb. 583, 45 N.W.2d 583 (1951).

County judge may not appear as counsel in any matter in his own court. Tucker v. Heirs of Myers, 151 Neb. 359, 37 N.W.2d 585 (1949).

V-15 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

Reissue Revised Statutes of Nebraska

V-15

Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-16 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

Reissue Revised Statutes of Nebraska

V-16

Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-17 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

Reissue Revised Statutes of Nebraska

V-17

Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-18 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

Reissue Revised Statutes of Nebraska

V-18

Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-19 Practice of all courts to be uniform.

Reissue Revised Statutes of Nebraska

V-19

Practice of all courts to be uniform.

The organization, jurisdiction, powers, proceedings, and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judgments and decrees of such courts, severally, shall be uniform.

Neb. Const. art. VI, sec. 19 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 19.

Legislature may provide for election, term, and districts for justices, and also may substitute other court for justice in metropolitan city. State ex rel. Bunce v. Kubat, 110 Neb. 362, 193 N.W. 754 (1923).

This section does not prohibit establishing of local courts inferior to district court in municipal corporations. State ex rel. Magney v. Hunter, 99 Neb. 520, 156 N.W. 975 (1916).

Uniformity is not violated if all courts of same grade have jurisdiction over same matters and of equal authority. Moores v. State ex rel. Gordon, 63 Neb. 345, 88 N.W. 514 (1901); State ex rel. Smyth v. Magney, 52 Neb. 508, 72 N.W. 1006 (1897).

Law giving authority to prosecute by information does not violate requirement of uniformity. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).

Legislature cannot give to district court power or authority to remove from office police judge of one class of cities. Gordon v. Moores, 61 Neb. 345, 85 N.W. 298 (1901).

Law applying to all counties adopting township organization is uniform. Van Horn v. State ex rel. Abbott, 46 Neb. 62, 64 N.W. 365 (1895).

Law which is general and uniform throughout state, operating alike upon all persons and localities of a class who are brought within relations and circumstances provided for, is not wanting in uniformity. State ex rel. Crawford v. Norris, 37 Neb. 299, 55 N.W. 1086 (1893); State ex rel. Selden v. Berka, 20 Neb. 375, 30 N.W. 267 (1886).

V-20 Officers in this Article; tenure; residence; duties; compensation.

Reissue Revised Statutes of Nebraska

V-20

Officers in this Article; tenure; residence; duties; compensation.

All officers provided for in this Article shall hold their offices until their successors shall be qualified and they shall respectively reside in the district or county from which they shall be selected. All officers, when not otherwise provided for in this Article, shall perform such duties and receive such compensation as may be prescribed by law.

Neb. Const. art. VI, sec. 20 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 20;

Amended 1962, Laws 1961, c. 252, sec. 2(2), p. 742;

Amended 1970, Laws 1969, c. 419, sec. 1, p. 1432.

Elections for police judge must be held along with general election of other constitutional officers. State ex rel. McDermott v. Reilly, 94 Neb. 232, 142 N.W. 923 (1913), rehearing denied 94 Neb. 238, 143 N.W. 200 (1913); State ex rel. Benson v. Mayor and Council of the City of Hastings, 91 Neb. 304, 135 N.W. 1028 (1912).

Term includes period for which incumbent may hold over until his successor has qualified. State ex rel. Polk v. Galusha, 74 Neb. 188, 104 N.W. 197 (1905).

The term of a constitutional officer can neither be extended nor shortened by legislative act. State ex rel. Gordon v. Moores, 70 Neb. 48, 96 N.W. 1011 (1903); State ex rel. Wheeler v. Stuht, 52 Neb. 209, 71 N.W. 941 (1897).

Office of police judge falls within provisions of this section. State ex rel. Gordon v. Moores, 61 Neb. 9, 84 N.W. 399 (1900).

Territorial jurisdiction of justice of the peace is precinct for which he was elected or appointed, but judgment rendered in any other precinct is not void for that reason alone. Jones v. Church of the Holy Trinity, 15 Neb. 81, 17 N.W. 362 (1883).

District judge is state, not county, officer. Jones v. York County, 26 F.2d 623 (8th Cir. 1928).

V-21 Merit plan for selection of judges; terms of office; filling of vacancies; procedure; voting for nominee.

Reissue Revised Statutes of Nebraska

V-21

Merit plan for selection of judges; terms of office; filling of vacancies; procedure; voting for nominee.

(1) In the case of any vacancy in the Supreme Court or in any district court or in such other court or courts made subject to this provision by law, such vacancy shall be filled by the Governor from a list of at least two nominees presented to him by the appropriate judicial nominating commission. If the Governor shall fail to make an appointment from the list within sixty days from the date it is presented to him, the appointment shall be made by the Chief Justice or the acting Chief Justice of the Supreme Court from the same list.

(2) In all other cases, any vacancy shall be filled as provided by law.

(3) At the next general election following the expiration of three years from the date of appointment of any judge under the provisions of subsection (1) of this section and every six years thereafter as long as such judge retains office, each Justice or Judge of the Supreme Court or district court or such other court or courts as the Legislature shall provide shall have his right to remain in office subject to approval or rejection by the electorate in such manner as the Legislature shall provide; Provided, that every judge holding or elected to an office described in subsection (1) of this section on the effective date of this amendment whether by election or appointment, upon qualification shall be deemed to have been selected and to have once received the approval of the electorate as herein provided, and shall be required to submit his right to continue in office to the approval or rejection of the electorate at the general election next preceding the expiration of the term of office for which such judge was elected or appointed, and every six years thereafter. In the case of the Chief Justice of the Supreme Court, the electorate of the entire state shall vote on the question of approval or rejection. In the case of any Judge of the Supreme Court, other than the Chief Justice, and any judge of the district court or any other court made subject to subsection (1) of this section, the electorate of the district from which such judge was selected shall vote on the question of such approval or rejection.

(4) There shall be a judicial nominating commission for the Chief Justice of the Supreme Court and one for each judicial district of the Supreme Court and of the district court and one for each area or district served by any other court made subject to subsection (1) of this section by law. Each judicial nominating commission shall consist of nine members, one of whom shall be a Judge of the Supreme Court who shall be designated by the Governor and shall act as chairman, but shall not be entitled to vote. The members of the bar of the state residing in the area from which the nominees are to be selected shall designate four of their number to serve as members of said commission, and the Governor shall appoint four citizens, not admitted to practice law before the courts of the state, from among the residents of the same geographical area to serve as members of said commission. Not more than four of such voting members shall be of the same political party. The terms of office for members of each judicial nominating commission shall be staggered and shall be fixed by the Legislature. The nominees of any such commission cannot include a member of such commission or any person who has served as a member of such commission within a period of two years immediately preceding his nomination or for such additional period as the Legislature shall provide. The names of candidates shall be released to the public prior to a public hearing.

(5) Members of the nominating commission shall vote for the nominee of their choice by roll call. Each candidate must receive a majority of the voting members of the nominating commission to have his name submitted to the Governor.

Neb. Const. art. VI, sec. 21 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 21;

Amended 1962, Laws 1961, c. 252, sec. 2(2), p. 742;

Amended 1972, Laws 1972, LB 1199, sec. 1.

Pursuant to subsection (1) of this section, judicial offices are filled by appointment. Neb. Account. & Disc. Comm. v. Citizens for Resp. Judges, 256 Neb. 95, 588 N.W.2d 807 (1999).

Judge appointed pursuant to this section appointed to independent term and enters upon full term of office upon appointment and qualification. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

Vacancies in office of municipal judge are to be filled under this section. State ex rel. Hunter v. Maguire, 136 Neb. 365, 285 N.W. 921 (1939).

Where no time to nominate candidates to fill vacancies in Supreme Court, Governor's appointee holds until successor is regularly elected. State ex rel. Oleson v. Minor, 105 Neb. 228, 180 N.W. 84 (1920).

Where one elected to office of county judge failed to take oath and file bond within required time, but soon thereafter qualified, before any vacancy declared, right to office was not forfeited. Duffy v. State ex rel. Edson, 60 Neb. 812, 84 N.W. 264 (1900).

Vacancy in office of county judge is filled under provisions of general election law. State ex rel. Berge v. Lansing, 46 Neb. 514, 64 N.W. 1104 (1895).

V-22 State may sue and be sued.

Reissue Revised Statutes of Nebraska

V-22

State may sue and be sued.

The state may sue and be sued, and the Legislature shall provide by law in what manner and in what courts suits shall be brought.

Neb. Const. art. VI, sec. 22 (1875);

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 22.

1. Suit by state

2. Suit against state

3. Appeal from disallowance of claim

1. Suit by state

State may sue in its own name to seek enforcement of public right or restrain public wrong. State v. Pacific Express Co., 80 Neb. 823, 115 N.W. 619 (1908).

When state invokes judgment of court it lays aside its sovereignty. State ex rel. Smyth v. Kennedy, 60 Neb. 300, 83 N.W. 87 (1900).

Constitutional provision that state may sue and be sued is not self-executing. O'Connor v. Slaker, 22 F.2d 147 (8th Cir. 1927).

2. Suit against state

This provision is not self-executing, but instead requires legislative action for waiver of the State's sovereign immunity. Livengood v. Nebraska State Patrol Ret. Sys., 273 Neb. 247, 729 N.W.2d 55 (2007).

This section is not self-executing, but requires legislative action for waiver of a state's sovereign immunity. Riley v. State, 244 Neb. 250, 506 N.W.2d 45 (1993).

This provision, concerning a waiver of sovereign immunity, is not self-executing, but requires legislative action to waive the state's sovereign immunity. Concerned Citizens v. Department of Environ. Contr., 244 Neb. 152, 505 N.W.2d 654 (1993).

Trial court erred in assessing fees and expenses incurred by a special prosecutor in a civil child support action in the absence of a statute permitting such an award. State on behalf of Garcia v. Garcia, 238 Neb. 455, 471 N.W.2d 388 (1991).

This section is not self-executing. Legislative action is necessary to make it available. Gentry v. State, 174 Neb. 515, 118 N.W.2d 643 (1962).

Legislative consent is not necessary to maintenance of suit against state seeking to recover under the Constitution damages arising as the result of improper construction of state highway. Schmutte v. State, 147 Neb. 193, 22 N.W.2d 691 (1946).

In a workmen's compensation case, special appearance of state should have been sustained in view of fact that Legislature had failed to provide manner in which service of process may be had against the state or a department of state government. Callen v. State, 137 Neb. 192, 288 N.W. 547 (1939).

Constitutional provision relating to suits against state is not self-executing and legislative action is necessary to make it available. Anstine v. State, 137 Neb. 148, 288 N.W. 525 (1939).

Legislature cannot by special act waive sovereignty of state in favor of an individual and authorize such individual to sue for damages due to negligence of state's agents and servants. Cox v. State, 134 Neb. 751, 279 N.W. 482 (1938).

Suit to foreclose mortgage involving real estate to which state has legal title cannot be maintained against state without its consent. Northwestern Mutual Life Ins. Co. v. Nordhues, 129 Neb. 379, 261 N.W. 687 (1935).

Immunity of state from suit does not apply to injunction proceeding to prevent administrative department and its employees from taking possession of land under void award in eminent domain proceedings. Goergen v. Department of Public Works, 123 Neb. 648, 243 N.W. 886 (1932).

Where statutes provide exclusive remedy against state and particular form, one branch of Legislature alone cannot extend jurisdiction beyond that limited by statute or to another forum. McNeel v. State, 120 Neb. 674, 234 N.W. 786 (1931).

Prior to amendment of Workmen's Compensation Act by 1935 special session, neither state nor administrative department thereof could be sued on claim under Workmen's Compensation Act. Eidenmiller v. State, 120 Neb. 430, 233 N.W. 447 (1930).

Resolution by Legislature authorizing recovery for negligence of state employee does not render state liable and no recovery can be had until Legislature by law establishes liability of state therefor. Shear v. State, 117 Neb. 865, 223 N.W. 130 (1929).

State's immunity from suit cannot be waived by voluntary general appearance by Attorney General. McShane v. Murray, 106 Neb. 512, 184 N.W. 147 (1921).

Resolution by Legislature is sufficient authority for claimant to sue state. Lancaster County v. State, 74 Neb. 211, 104 N.W. 187 (1905), affirmed on rehearing 74 Neb. 215, 107 N.W. 388 (1906).

This section has been sufficiently supplemented to permit suits by or against the state. In re Petition of Attorney General, 40 Neb. 402, 58 N.W. 945 (1894).

Nebraska's Uniform Declaratory Judgments Act does not waive the State's sovereign immunity. JHK, Inc. v. Nebraska Dept. of Banking & Finance, 17 Neb. App. 186, 757 N.W.2d 515 (2008).

3. Appeal from disallowance of claim

Claims against the state founded on a contract, express or implied, must be presented to the Auditor of Public Accounts, with right of appeal to the courts, but may not be presented to the courts in the first instance. Scotts Bluff County v. State, 133 Neb. 508, 276 N.W. 185 (1937).

To confer jurisdiction on appeal from rejection of claim against state, certified transcript of proceedings before auditor and Secretary of State must be filed in district court. Pickus v. State, 115 Neb. 869, 215 N.W. 129 (1927).

State may be sued in district court where capital located, on claim based on contract with Department of Public Works after disallowance of claim by auditor. Peterson v. State, 113 Neb. 546, 203 N.W. 1002 (1925).

State cannot be sued until after auditor refuses to adjust claim. State v. Lancaster County Bank, 8 Neb. 218 (1879).

V-23 Jurisdiction of judges at chambers.

Reissue Revised Statutes of Nebraska

V-23

Jurisdiction of judges at chambers.

The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law.

Neb. Const. art. VI, sec. 23 (1875);

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 23.

Without a written stipulation of the parties, a district judge can hear application to modify an award of child support in county where the proceeding is pending only. Hanson v. Hanson, 195 Neb. 836, 241 N.W.2d 131 (1976).

Judges at chambers have no inherent authority to rule on motion for new trial. Vasa v. Vasa, 163 Neb. 642, 80 N.W.2d 696 (1957); Mueller v. Keeley, 163 Neb. 613, 80 N.W.2d 707 (1957).

District judges may be given jurisdiction in chambers to impose sentence on plea of guilty. Duggan v. Olson, 146 Neb. 248, 19 N.W.2d 353 (1945).

District judge in chambers had jurisdiction under independent act to enter orders in connection with liquidation of insolvent bank. County of Morrill v. Bliss, 125 Neb. 97, 249 N.W. 98 (1933).

Establishment of municipal court without powers to the judge at chambers does not violate this section. State ex rel. Magney v. Hunter, 99 Neb. 520, 156 N.W. 975 (1916).

Constitution confers no judicial powers on judge of district court at chambers. He can exercise such authority alone as is given by Legislature. Hodgin v. Whitcomb, 51 Neb. 617, 71 N.W. 314 (1897).

V-24 Style of process.

Reissue Revised Statutes of Nebraska

V-24

Style of process.

All process shall run in the name of "The State of Nebraska," and all prosecutions shall be carried on in the name of "The State of Nebraska."

Neb. Const. art. VI, sec. 24 (1875);

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 24.

This section applies in mandamus. State ex rel. Hansen v. Carrico, 86 Neb. 448, 125 N.W. 1110 (1910).

All criminal prosecutions must be by, and carried on in, the name of the "State of Nebraska." Worthen v. County of Johnson, 62 Neb. 754, 87 N.W. 909 (1901).

"State of Nebraska, Gage County, to the Sheriff of said County" complies with this section. Hoyt v. Little, 55 Neb. 71, 75 N.W. 56 (1898).

Under Constitution of 1866 requiring all process to run in the name of "The People of the State of Nebraska," a prosecution under a city ordinance "In the Name of the City" is void. City of Brownville v. Cook, 4 Neb. 101 (1875).

V-25 Supreme Court to promulgate rules of practice; to make recommendations to Legislature.

Reissue Revised Statutes of Nebraska

V-25

Supreme Court to promulgate rules of practice; to make recommendations to Legislature.

For the effectual administration of justice and the prompt disposition of judicial proceedings, the supreme court may promulgate rules of practice and procedure for all courts, uniform as to each class of courts, and not in conflict with laws governing such matters. To the same end, the court may, and when requested by the Legislature by resolution shall, certify to the Legislature its conclusions as to desirable amendments or changes in the general laws governing such practice and proceedings.

Neb. Const. art. VI, sec. 25 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 25;

Amended 2000, Laws 1999, LR 18CA, sec. 3.

1. Power of Supreme Court

2. Rules of practice

3. Miscellaneous

1. Power of Supreme Court

Rulemaking power of Supreme Court may not be used to change venue set by statute. Peck v. Dunlevey, 184 Neb. 812, 172 N.W.2d 613 (1969).

This section does not limit the judicial power with respect to making rules as qualifications for admission to the bar. State ex rel. Ralston v. Turner, 141 Neb. 556, 4 N.W.2d 302 (1942).

Supreme Court is vested with sole power to admit persons to practice law and fix their qualifications. State ex rel. Wright v. Hinckle, 137 Neb. 735, 291 N.W. 68 (1940).

Supreme Court is vested with sole powers to admit persons to practice law and fix qualifications for admission to the bar, and possesses inherent power to punish for contempt any person assuming to practice law without having been duly licensed to do so. State ex rel. Wright v. Barlow, 131 Neb. 294, 268 N.W. 95 (1936).

Supreme Court is precluded by law from promulgating rules of practice and procedure empowering trial courts to enter nonsuit on conclusion of opening statements to jury. Temple v. Cotton Transfer Co., 126 Neb. 287, 253 N.W. 349 (1934).

2. Rules of practice

Rule of practice promulgated, with reference to procurement, service, return, and settlement of bill of exceptions. Neighbors & Danielson v. West Nebraska Methodist Hospital, 162 Neb. 33, 74 N.W.2d 854 (1956).

Rule of practice that court determines punishment to be inflicted on conviction of subsequent offense adhered to. Poppe v. State, 155 Neb. 527, 52 N.W.2d 422 (1952).

Rule of practice established for all courts that imposition of increased penalty for subsequent offense is matter for court and not jury. Haffke v. State, 149 Neb. 83, 30 N.W.2d 462 (1948).

Rule of practice to the effect that plaintiff may, in personal injury action, establish on cross-examination that defendant is indemnified from loss by insurance company, was revoked. Fielding v. Publix Cars, Inc., 130 Neb. 576, 265 N.W. 726 (1936).

Information charging murder in first degree, following statute and form approved by Supreme Court, was sufficient. Hansen v. State, 121 Neb. 169, 236 N.W. 329 (1931).

Pursuant to its right to promulgate rules of practice, Supreme Court had power to prescribe short form of information for murder. Nichols v. State, 109 Neb. 335, 191 N.W. 333 (1922).

Rule of practice that party may not contradict testimony of his own witness set aside, and party may, within court's discretion, be permitted to show contradictory statements by witness before trial. Penhansky v. Drake Realty Constr. Co., 109 Neb. 120, 190 N.W. 265 (1922).

3. Miscellaneous

Where a rule of practice promulgated by the Supreme Court is later abrogated and a new rule is promulgated effective on a certain date, the new rule is not retroactive and applicable to cases tried under the former rule. Heineman v. Wilson, 132 Neb. 159, 271 N.W. 346 (1937).

V-26 Proviso as to effect of amendment.

Reissue Revised Statutes of Nebraska

V-26

Proviso as to effect of amendment.

If the foregoing amendment shall be adopted by the electors, all existing courts which are not in the foregoing amendment specifically enumerated and concerning which no other provision is herein made, shall continue in existence and exercise their present jurisdiction, and the judges thereof shall receive their present compensation, until otherwise provided by law; and such judges or appointees to fill vacancies shall hold their offices until their successors shall be elected and qualified.

Neb. Const. art. VI, sec. 26 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 15;

Transferred by Constitutional Convention, 1919-1920, art. V, sec. 26.

V-27 Juvenile courts; authorization.

Reissue Revised Statutes of Nebraska

V-27

Juvenile courts; authorization.

Notwithstanding the provisions of section 9 of this Article, the Legislature may establish courts to be known as juvenile courts, with such jurisdiction and powers as the Legislature may provide. The term, qualification, compensation, and method of appointment or election of the judges of such courts, and the rules governing proceedings therein, may be fixed by the Legislature. The state shall be divided into juvenile court judicial districts that correspond to district court judicial districts until otherwise provided by law. No such court shall be established or afterwards abolished in any juvenile court judicial district unless approved by a majority of those voting on the issue.

Neb. Const. art. V, sec. 27 (1958);

Adopted 1958, Laws 1957, c. 217, sec. 1, p. 754;

Amended 1972, Laws 1971, LB 305, sec. 1.

As a statutorily created court of limited and special jurisdiction, a juvenile court has only such authority as has been conferred on it by statute. In re Interest of Veronica H., 272 Neb. 370, 721 N.W.2d 651 (2006).

Legislature may establish separate juvenile courts. State ex rel. Weiner v. Hans, 174 Neb. 612, 119 N.W.2d 72 (1963).

V-28 Commission on Judicial Qualifications; appointment; composition; qualifications.

Reissue Revised Statutes of Nebraska

V-28

Commission on Judicial Qualifications; appointment; composition; qualifications.

The Legislature shall provide for 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 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.

Neb. Const. art. V, sec. 28 (1966);

Adopted 1966, Laws 1965, c. 301, sec. 1, p. 848;

Amended 1980, Laws 1980, LB 82, sec. 1.

V-29 Commission on Judicial Qualifications; vote of majority required for action.

Reissue Revised Statutes of Nebraska

V-29

Commission on Judicial Qualifications; vote of majority required for action.

The commission shall act by a vote of the majority of its members and no action of the commission shall be valid unless concurred in by the majority of its members.

Neb. Const. art. V, sec. 29 (1966);

Adopted 1966, Laws 1965, c. 301, sec. 1, p. 848;

Amended 1980, Laws 1980, LB 82, sec. 1.

V-30 Judges; discipline; removal from office; grounds; procedure.

Reissue Revised Statutes of Nebraska

V-30

Judges; discipline; removal from office; grounds; procedure.

(1) 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 (a) willful misconduct in office, (b) willful disregard of or failure to perform his or her duties, (c) habitual intemperance, (d) conviction of a crime involving moral turpitude, (e) disbarment as a member of the legal profession licensed to practice law in the State of Nebraska, or (f) 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. Any citizen of the State of Nebraska may request the Commission on Judicial Qualifications to consider the qualifications of any Justice or Judge of the Supreme Court or other judge, and in such event the commission shall make such investigation as the commission deems necessary and shall, upon a finding of probable cause, reprimand such Justice or Judge of the Supreme Court or other judge or order a formal open hearing to be held before it concerning the reprimand, discipline, censure, suspension, removal, or retirement of such Justice or Judge of the Supreme Court or other judge. In the alternative or in addition, the commission may request the Supreme Court to appoint one or more special masters who shall be judges of courts of record to hold a formal open hearing to take evidence in any such matter, and to report to the commission. If, after formal open hearing, or after considering the record and report of the masters, the commission finds that the charges are established by clear and convincing evidence, it shall recommend to the Supreme Court that the Justice or Judge of the Supreme Court or other judge involved shall be reprimanded, disciplined, censured, suspended without pay for a definite period of time not to exceed six months, removed, or retired as the case may be.

(2) 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, 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.

(3) 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 (a) 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 (b) a recommendation to the Supreme Court by the Commission on Judicial Qualifications for his or her removal or retirement.

(4) In addition to the procedure set forth in subsections (1) and (2) of this section, on recommendation of the Commission on Judicial Qualifications or on its own motion, the Supreme Court (a) 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 (b) 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 of 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.

(5) All papers filed with and proceedings before the commission or masters appointed by the Supreme Court pursuant to this section prior to a reprimand or 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.

When the Commission on Judicial Qualifications determines that disciplinary action is warranted, whether it be a reprimand or otherwise, the Commission on Judicial Qualifications shall issue one or more short announcements confirming that a complaint has been filed; stating the subject and nature of the complaint, the disciplinary action recommended or reprimand issued, or the date of the hearing; clarifying the procedural aspects; and reciting the right of a judge to a fair hearing.

When the Commission on Judicial Qualifications determines that disciplinary action is not warranted, and the existence of any investigation or complaint has become publicly known, the judge against whom a complaint has been filed or investigation commenced may waive the confidentiality of papers and proceedings under this subsection.

The Supreme Court shall by rule provide for procedure under this section before the commission, the masters, and the Supreme Court.

(6) No Justice or Judge of the Supreme Court or other judge shall participate, as a member of the commission, 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.

Neb. Const. art. V, sec. 30 (1966);

Adopted 1966, Laws 1965, c. 301, sec. 1, p. 848;

Amended 1980, Laws 1980, LB 82, sec. 1;

Amended 1984, Laws 1984, LR 235, sec. 1.

Subdivision (1)(e) of 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).

Subsection (3) of this section does not limit suspension with pay to the two instances listed; suspension may be imposed in other instances pursuant to article V, section 1, of the Nebraska Constitution. In re Complaint Against Jones, 255 Neb. 1, 581 N.W.2d 876 (1998).

V-31 Judges; procedure for removal from office cumulative.

Reissue Revised Statutes of Nebraska

V-31

Judges; procedure for removal from office cumulative.

These amendments are alternative to and cumulative with the methods of removal of Justices and judges provided in Article III, section 17, and Article IV, section 5, of this Constitution, and any other provision of law relating to the methods and manner of the removal of Justices, Judges, and judges of the courts of this state.

Neb. Const. art. V, sec. 31 (1966);

Adopted 1966, Laws 1965, c. 301, sec. 1, p. 848.

Constitution of Nebraska — Article V

V-1 Power vested in courts; Chief Justice; powers.

V-2 Supreme Court; number of judges; quorum; jurisdiction; retired judges, temporary duty; court divisions; assignments by Chief Justice.

V-3 Terms of Supreme Court.

V-4 Chief Justice and Judges of the Supreme Court; selection; residence; location of offices.

V-5 Supreme Court judicial districts; redistricting; when.

V-6 Chief Justice to preside.

V-7 Chief Justice; Associate Justices; qualifications.

V-8 Supreme Court appoint staff; budget; copyright of state reports.

V-9 District courts; jurisdiction; felons may plead guilty; sentence.

V-10 District court judicial districts.

V-11 District court judges; change of number; boundaries.

V-12 District court judges may hold court for each other; retired judges, temporary duty.

V-13 Supreme and district judges; salaries.

V-14 Supreme and district judges not to act as attorneys; judge not to practice law, when.

V-15 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-16 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-17 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-18 Repealed 1970. Laws 1969, c. 419, sec. 1(2), p. 1432.

V-19 Practice of all courts to be uniform.

V-20 Officers in this Article; tenure; residence; duties; compensation.

V-21 Merit plan for selection of judges; terms of office; filling of vacancies; procedure; voting for nominee.

V-22 State may sue and be sued.

V-23 Jurisdiction of judges at chambers.

V-24 Style of process.

V-25 Supreme Court to promulgate rules of practice; to make recommendations to Legislature.

V-26 Proviso as to effect of amendment.

V-27 Juvenile courts; authorization.

V-28 Commission on Judicial Qualifications; appointment; composition; qualifications.

V-29 Commission on Judicial Qualifications; vote of majority required for action.

V-30 Judges; discipline; removal from office; grounds; procedure.

V-31 Judges; procedure for removal from office cumulative.

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