24-722. Justice or judge; discipline or removal; grounds.

335 words·~2 min read·/ne/chapter-24/24-722

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

A Justice or judge of the Supreme Court or judge of any court of this state may be reprimanded, disciplined, censured, suspended without pay for a definite period of time not to exceed six months, or removed from office for

(1)willful misconduct in office,

(2)willful disregard of or failure to perform his or her duties,

(3)habitual intemperance,

(4)conviction of a crime involving moral turpitude,

(5)disbarment as a member of the legal profession licensed to practice law in the State of Nebraska, or

(6)conduct prejudicial to the administration of justice that brings the judicial office into disrepute, or he or she may be retired for physical or mental disability seriously interfering with the performance of his or her duties if such disability is determined to be permanent or reasonably likely to become permanent.

A clear violation of the Nebraska Code of Judicial Conduct constitutes, at a minimum, a violation of subsection

(6)of this section. In re Complaint Against Lindner, 271 Neb. 323, 710 N.W.2d 866 (2006).

Pursuant to subsection

(6)of this section, conduct that clearly violates the Code of Judicial Conduct constitutes, at a minimum, a violation of this section, and a judge may be removed from office based on a violation of this section. In re Complaint Against Jones, 255 Neb. 1, 581 N.W.2d 876 (1998).

A clear violation of the Code of Judicial Conduct constitutes, at minimum, a violation of subsection

(6)of this section. In re Complaint Against Staley, 241 Neb. 152, 486 N.W.2d 886 (1992).

Crucial to the finding that subsection

(1)of this section has been violated is a showing of bad faith. Although a certain amount of "honest" error can be expected, blatant, flagrant, and repeated failures to perform judicial duties constitutes a violation of subsection

(2)of this section. A clear violation of the Code of Judicial Conduct constitutes, at minimum, a violation of subsection

(6)of this section. In re Complaint Against Kelly, 225 Neb. 583, 407 N.W.2d 182 (1987).