S-23-0402 and S-23-508 State of Nebraska (Appellant) v. Judy K. Jones (Appellee)
Appeals from District Court for Madison County, Judge James G. Kube and from the District Court for Douglas County, Judge Todd O. Engleman
Attorneys: Eric J. Hamilton and John J. Schoettle (Asst. Attorney General for Appellant) and Stuart J. Dornan and Keith Dornan (Dornan, Troia, Howard, Breitkreutz, Dahlquist & Klein, PC, LLO for Appellee) and Kirk E. Goettsch (Goettsch Law Firm, LLC for Appellee).
Criminal: Unlicensed Practice of Midwifery
Proceedings below: After the State charged Appellee with Failure to Cease and Desist the Unlicensed Practice of Midwifery, the district court granted her Plea in Abatement and dismissed the criminal charges against her. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The district court erred in concluding that Nebraska Revised Statutes § 38-121(1) does not bar a person from practicing nurse midwifery without a credential; and 2) The district court erred in concluding that interpreting Nebraska Revised Statutes § 38-121(1) to require a nurse midwife to be licensed would render the statute unconstitutionally vague.