Judicial Ethics Committee Opinions

Judicial Ethics Committee Opinions

Authority

The Judicial Ethics Committee may express its opinion on proper judicial conduct with respect to the provisions of the Nebraska Code of Judicial Conduct, either on its own initiative, at the request of a judge or candidate for judicial office, or at the request of a court or the Nebraska Commission on Judicial Qualifications.

The Committee also has the authority to make recommendations to the Nebraska Supreme Court for amendment of the Code of Judicial Conduct.

All opinions, beginning in 1989, are on file with the State Court Administrator and are available on this site. Please note that the Nebraska Code of Judicial Conduct has been revised three times since its original adoption; earlier opinions have not been revised to fit the current Code.

The 1989 Code governs opinions 89-1 to 92-6; the 1992 Code governs 92-7 to 09-1; and, the 2011 Code governs opinions *11-1 to present. *No opinions were issued in 2010, 2013, or 2018.

Membership

The Judicial Ethics Committee consists of seven members appointed by the Nebraska Supreme Court. Two of the members are from each of the county and district courts and one from the Court of Appeals. The remaining members are from any affected courts, but not from the Nebraska Supreme Court.

The Supreme Court designates one of the members as chair and one member as vice chair who serves in the event of disqualification or unavailability of the chair. Terms are staggered and individuals may be reappointed after a lapse of 1 year.

View the Judicial Ethics Committee.

Opinions 89-1 to 93-5 are PDF only and are searchable by question only, not by content.

Number: 92-7
Year: 1992
Question Presented:

A judge writes that he has been asked to submit a letter of recommendation on behalf of a court clerk who has been nominated for an award known The Outstanding County Official of the Year. This judge, before becoming a judge, was a county attorney who worked closely with this person and was very familiar with her work. Our opinion is requested as to whether it is ethical for this judge to write...

Number: 92-6
Year: 1992
Question Presented:

A member of the judiciary has asked the following questions:I have a brother who is going through a dissolution.Should I recuse myself from all cases handled by the law firm representing my brother and the law firm representing his wife?If the recusal is not required, must I make a disclosure of the representation in all matters which appear before me in which an attorney from the law firm...

Number: 92-5
Year: 1992
Question Presented:

May a judge continue to participate in his former firm's retirement plan, of which the law firm is the plan administrator?

Number: 92-4
Year: 1992
Question Presented:

A County Judge has asked whether the employment of his wife by the Department of Social Services creates any ethical conflict under the Code of Judicial Conduct.

Number: 92-3
Year: 1992
Question Presented:

A member of the Nebraska judiciary asks for an opinion as to whether the judge can appear before a City Planning Commission, either alone or in conjunction with others, and express support or opposition to a proposed development. Real estate owned by the judge could be affected by the decision of the commission.

Number: 92-2
Year: 1992
Question Presented:

A member of the Nebraska judiciary asks for an opinion on the following:Can the judge ethically prepare legal documents in connection with an adoption of a child by the judge's daughter and her husband?Can the judge ethically file the documents in the county court as legal representative for his daughter and her husband?Can the judge ethically appear at the adoption hearing as the legal representative...

Number: 92-1
Year: 1992
Question Presented:

A member of the judiciary has a son who is a lawyer member of the local public defender's staff. Various members of that staff, which number in excess of ten lawyer members, regularly and routinely represent clients who are charged with criminal and traffic violations of city ordinances and state statutes, including both misdemeanors and felonies. Because of the number of staff attorneys...

Number: 91-2
Year: 1991
Question Presented:

Under the Code of Judicial Conduct, may a judge be a member of the Knights of Columbus?

Number: 91-1
Year: 1991
Question Presented:

May a judge respond to a request from Martindale-Hubbell asking for a rating and recommendation of an attorney?

Number: 90-3
Year: 1990
Question Presented:

A member of the Nebraska Judiciary has made an inquiry regarding the propriety of monetary contributions from members of the judiciary to the committee (COMMITTEE) supporting passage of Constitutional Amendment 2 (C .A. 2). If adopted, C.A.2 would remove the absolute right of appeal to the Supreme Court in most cases and permit the establishment of an intermediate appellate court in Nebraska.

Number: 90-2
Year: 1990
Question Presented:

A member of the Nebraska judiciary has inquired whether a judge may write letters of recommendation and/or answer questions about the qualifications of a lawyer who has applied to a judicial nominating commission for submission of the lawyer's name to the governor for judicial appointment.

Number: 90-1
Year: 1990
Question Presented:

The member of the judiciary inquires as follows:Can a judge be a member of the Board of Trustees of a private, nonprofit educational institution (membership predates the appointment of that judge to the judiciary)?Because the fund-raising activities of the Board of Trustees is likely to continue in the future, should the judge, though not participating by name or directly in any fundraising...

Number: 89-9
Year: 1989
Question Presented:

The daughter of a judge who is attending law school will be doing pro bono work at a legal aid agency in the judge's district. She will be involved in legal research on social security matters, on modifications on support cases and on other general litigation. The judge asked the question whether or not this would preclude him from handling cases in which this legal aid agency is involved.

Number: 89-8
Year: 1989
Question Presented:

A Judge of the Judiciary of the State of Nebraska, who is a member of a national service organization which is open to membership to all people of good character, desires to run for election as a member of the board of directors of that organization, serving the geographic area of Nebraska and surrounding states. He will be compensated with funds to cover expenses incurred through a due...

Number: 89-7
Year: 1989
Question Presented:

A judge has been requested by a former member of the Nebraska State Bar to fill out a "proof of practice" form for the Illinois State Bar so he may be admitted to practice in that State. The only statement that the judge intends to make on behalf of the attorney is that the judge knows that the attorney was employed for the State of Nebraska tax commissioner and that he represented the State in...

Number: 89-6
Year: 1989
Question Presented:

A judge has been asked to perform a simulated marriage ceremony in Nebraska for the benefit of family living here. The couple has already been legally married in another state. The judge has requested an opinion as to whether this would constitute conduct in violation of the Canons of Judicial Conduct.

Number: 89-5
Year: 1989
Question Presented:

A member of the Nebraska Judiciary has a brother-in-law who practices law in the city and county wherein the judge sits. The brother-in-law shares offices with one other attorney, though not on a partnership basis but instead on an office sharing arrangement.1. In order to avoid even the appearance of impropriety, should the judge recuse himself/herself from every facet of the brother-in-law's...

Number: 89-4
Year: 1989
Question Presented:

May a judge who owns stock in two banks; one state chartered and one federally chartered, and who also served on the boards of directors of both banks at the time of the judges appointment to the bench continue to own stock in both banks and continue to serve on the board of directors?

Number: 89-3
Year: 1989
Question Presented:

The daughter of a member of the State Judiciary was recently hired as a salaried associate in a law firm which frequently appears in cases before the Court in which the judge in question sits. The judge has posed two questions:Should the judge recuse himself/herself in cases handled by other attorneys of the firm which employs the daughter?In the event recusal is not mandated by the Code of...

Number: 89-2
Year: 1989
Question Presented:

Is it proper for a judge who has recused himself in criminal proceedings against a lawyer who practiced in his court to write a letter on the behalf of the lawyer to be included in the presentence investigation being prepared in connection with those criminal proceedings?