(A) Upon request to the judge chairperson of the appropriate Judicial Nominating Commission, the Clerk of the Supreme Court, or the State Court Administrator, an applicant for judicial appointment will receive a Judicial Vacancy Application Package which consists of instructions to the applicant, an application for judicial vacancy form, a copy of the Nebraska Revised Code of Judicial Conduct, a personal data sheet, and a copy of these rules. Such documents, which include "Fill-in" versions of necessary forms, may also be found at and downloaded from the Nebraska Judicial Branch Web site at https://nebraskajudicial.gov/forms.

   The application, including attachments, and the personal data sheet must be filed by mail or electronically by e-mail with the commission chairperson not later than 21 days prior to the date of the public hearing. The Fair Credit Reporting Act Disclosure Statement and the Waiver of Confidentiality form attached to the application must be signed and sworn to before a notary public. Such notarized documents may be electronically submitted as a scanned document, provided that the applicant retains possession of the original bearing the required signatures and notary stamps. An applicant for any judicial vacancy may be investigated to, among other things, verify the accuracy of information provided.

   Submission of the documents referred to above may be by regular mail to Nebraska Supreme Court, P.O. Box 98910, Lincoln, Nebraska 68509. In the alternative, such documents may be electronically submitted by scanning the Application (which includes the Fair Credit Reporting Act Disclosure Statement and the Waiver of Confidentiality form), the personal data sheet, and the legal writing sample; saving each document as a separate PDF file; and attaching each PDF file to an e-mail sent to nsc.jnc@nejudicial.gov. It is recommended that the e-mail transmitting these documents requests acknowledgment of receipt.

   (B) An applicant for any judicial vacancy may be investigated to, among other things, verify the accuracy of information provided. An investigation of each applicant is conducted by the Administrative Office of the Courts and Probation (AOCP), and the results are submitted to the Judicial Nominating Commission. The scope of the AOCP's investigation may include citizenship, residency, age, credit, taxes, education, employment, civil litigation, criminal litigation, law enforcement litigation investigation and criminal charges, admission to the practice of law, service in the U.S. Armed Forces, or disciplinary action by any judicial conduct commission or state bar association of any jurisdiction. The commission may screen applicants for further investigation or for interviewing.

   (C) Any applicant's name forwarded to the Governor shall be accompanied by the application, personal data sheet, and results of any investigation conducted on behalf of the commission. The personal data sheet is a confidential communication between the commission, its staff, and the applicant, and shall not otherwise be made public.

Rule 1(B) amended December 21, 1994. Renumbered and codified as § 1-601, effective July 18, 2008; § 1-601(A) amended December 22, 2010, effective January 1, 2011; § 1-601(A)-(D) amended November 14, 2012; § 1-601 amended April 8 and 22, 2026, effective May 1, 2026.

   (3)(a) Pursuant to Neb. Const. art. V, § 21, and Neb. Rev. Stat. § 24-803(2), a member of the judicial nominating commission shall be deemed to have served on such commission if he or she was a member of the commission at the time of the publication of the notice required by Neb. Rev. Stat. § 24-810(1). For purposes of these rules, the term “member” includes alternate lawyer members. 

   (b) The nominees of any such commission cannot include a member of such commission or any person who served as a member of such commission within a period of 2 years of the member’s last date of service on the commission. For purposes of these rules, the last date of service on the commission is the date the commission last met and forwarded names of qualified nominees to the Governor. 

   (B) If a relationship between a commission member, or the Supreme Court member who chairs the commission, and an applicant falls into one of the following four categories, the commission member or chairperson shall recuse himself or herself from the commission:

   (1) Any relationship to the applicant by blood or marriage by virtue of being the applicant's spouse, child, or spouse of a child. The commission member shall not be related to the applicant under the third degree of relationship test. The third degree of relationship test is defined as being the applicant's or the applicant's spouse's parent, grandparent, aunt, uncle, sibling, nephew, or niece, or spouse of any of these relatives. Additionally, the commission member shall recuse himself or herself in situations where the applicant and commission member are sharing or have shared a residence during the past 5 years.

   (2) Any arrangement involving the practice of law or an employment relationship including, but not limited to, partnership, professional corporation, or office sharing within the past 5 years.

   (3) Any relationship in which the commission member and applicant are actively engaged in managing a common profitmaking business or venture.

   (4) Any instance in which the member of the commission would cast his or her vote on a basis other than an applicant's qualification for the office.

   (C) Any disqualified or excused unavailable member or alternate member shall be recused until the business of the active commission has concluded and then shall return as a member or alternate member for the remainder of his or her unexpired term. 

   (D) If the person recusing himself or herself is the Supreme Court Justice who chairs the commission, or if the chairperson is unavailable for the hearing, the Chief Justice or the next senior Justice shall request the Governor to appoint another member of the Court to chair such commission meeting.

   (E) Any person may challenge the impartiality of a member or the chairperson of a judicial nominating commission. The challenge shall be in writing and directed to the Supreme Court Justice chairing such commission. If a challenge is raised regarding the impartiality of a member or the chairperson and the person so challenged declines to disqualify himself or herself, the unchallenged members of the commission shall rule on the challenge by a majority vote. Any such decision shall be attached to the information forwarded to the Governor and attached to the report submitted to the State Court Administrator.

   (F) A violation of § 1-602(B) by a commission member will not constitute cause for rescission of a judicial nomination or reopening of the commission process.

  (G) Resignations shall be in writing, except where the tenure of a member is terminated by statute. All other voluntary resignations shall be sent to the chairperson of the commission and if a citizen member or alternate citizen member resigns, the resignation shall also be sent to the Governor. The chairperson shall inform the Clerk of the Supreme Court when there are vacancies on the commission by written resignation. Vacancies shall be filled as provided by statute.

   (H) Immediately prior to the public hearing, the chairperson may hold a private session with the commissioners which includes a review of the statement of understanding of ethical considerations, qualifications checklist , legal and ethical obligations of commissioners, and considerations in the release of applicant information. Additional education may be provided by the Supreme Court. 

§ 1-602 amended April 8, 2026, effective May 1, 2026.

   (A) The first public hearing is set by the chairperson and held within 60 days after final determination of the judicial vacancy. At least 10 days prior to the public hearing, the chairperson shall release the names of the applicants. For the public hearing, there shall be present for voting eight qualified members of the appropriate judicial nominating commission, including alternate members. Any member of the public shall be entitled to attend the public hearing to express, either orally or in writing, his or her views concerning candidates for judicial vacancy. 

   (B) Each commission member will execute the official oath pursuant to Neb. Rev. Stat. § 24-801.01 and a statement of understanding of ethical considerations, attached hereto as appendix A. Each commission member will be provided a Nebraska Judicial Nominating Commissioner's Handbook, the contents of which shall include the American Bar Association's Guidelines for Reviewing Qualifications of Candidates for State Judicial Office and a checklist of qualifications. The qualifications checklist will be used as a guide to provide uniformity in evaluating candidates.

   (C) The commission may hold private interviews with candidates prior to or following the public hearing. While commission members may encourage qualified persons to apply for judicial vacancies, once the application period closes, any private interviews with persons who have submitted an application for a judicial vacancy shall be with the full commission present. 

   (D) Following the public hearing and the commission’s deliberations, the chairperson shall be responsible for notifying the applicants and the Governor of the result of the deliberations. The list of applicants determined to be sufficiently qualified to hold the judicial position in question shall be submitted to the Governor in alphabetical order.

§ 1-603 amended April 8, 2026, effective May 1, 2026.

§ 1-604 adopted April 8, 2026, effective May 1, 2026.

   In the performance of their duties, the judicial nominating commission members shall be ever mindful that they hold positions of public trust. No commission member shall conduct himself or herself in a manner which reflects discredit upon the judicial selection process or discloses partisanship or partiality in the consideration of applicants. Consideration of applicants shall be made impartially, discreetly, and objectively. A commission member shall disclose to the commission all personal and business relationships with a prospective applicant that may directly or indirectly influence his or her decision. After certification of a list of sufficiently qualified applicants to the Governor, no commission member shall attempt, directly or indirectly, to further influence the ultimate decision of the Governor. No attempt shall be made to rank such nominees whose names are made public or to otherwise disclose a preference of the commission.

   In accordance with the above ethical considerations, I will accept the following responsibilities:

   1. I will disclose any conflict of interest that I may have with any of the applicants.

   2. I will avoid preselection of nominees, "hidden agenda," or consideration of factors other than the merit of the applicants.

   3. I agree not to unlawfully discriminate against any applicant.

   4. I will not divulge any of the applicants' confidential information, any confidential communications, or the commission's deliberations except as provided by the Judicial Nominating Commission rules.

Appendix A amended December 21, 1994; amended April 8, 2026, effective May 1, 2026.