24-806. Judicial nominating commission; lawyer members; qualifications; nominations; election.
626 words·~3 min read·
/ne/chapter-24/24-806A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) Lawyer members and alternate lawyer members of any judicial nominating commission shall be active members of the bar of the State of Nebraska, shall reside in the judicial district or area of the state served by the commission, and shall be registered to vote. Not more than two lawyer members of each commission shall be registered members of the same political party, and not more than two alternate lawyer members shall be registered members of the same political party. Nominations for lawyer members of each commission may be solicited and received electronically via the Supreme Court's attorney licensure portal on or before October 1 of each even-numbered year.
(b)The nominations shall be listed on the ballot by the Clerk of the Supreme Court:
(i)From the legally recognized political parties or be listed as nonpartisan; and
(ii)In such a manner as will permit the final selection to be made in conformity with Article V, section 21, of the Constitution of Nebraska.
(2)If, on October 1 of an even-numbered year, solicited nominations are insufficient to provide candidates from the permissible political parties for each vacancy, the Executive Council of the Nebraska State Bar Association shall nominate additional candidates for the position so that there shall be a qualified candidate for each position. Such nominations shall be made on or before November 1 of such year.
(3)The Clerk of the Supreme Court shall mail or electronically deliver a ballot with the name of each nominee to all members of the bar of Nebraska residing in the judicial district or area designating a date at least ten days and not more than thirty days after the date of such mailing or electronic delivery by the Clerk of the Supreme Court when the ballots will be counted. The ballots shall be counted by a board consisting of the Clerk of the Supreme Court, the Secretary of State, and the Attorney General or by alternates designated by any of them to serve in his or her place. Whether conducted electronically or by mail, the Clerk of the Supreme Court shall ensure that the election is so conducted as to maintain the secrecy of the ballot and the validity of the results. The candidate of the required political party receiving the highest number of votes shall be considered as having been elected to the commission. The candidate of the required political party receiving the next highest number of votes shall be considered as having been elected an alternate lawyer member of the commission and shall serve as a lawyer member of the commission in the event of a lawyer member vacancy of the same political party or category on the commission created either by resignation or disqualification. In the case of a resignation, an alternate lawyer member shall continue to serve as a member of the commission until the term of office of his or her predecessor expires.
(4)In any election when more than one lawyer member of a judicial nominating commission is to be elected, the nominees shall be submitted without designation of the term. Each voter shall be instructed to vote for as many nominees as there are vacancies to be filled. The candidate receiving the highest number of votes shall be considered as having been elected for the longest term. The candidate receiving the next highest number of votes shall be deemed to have been elected for next to the longest term, and if an alternate lawyer member or members are to be elected, the candidate or candidates receiving the third and fourth highest number of votes shall be deemed elected as the alternate lawyer member or members. In case of ties the determination shall be made by lot by the counting board.