§ 1-602. Judicial Nominating Commission members.
(A)(1) Pursuant to Neb. Const. art. V, § 21, and Neb. Rev. Stat. § 24-801 et seq., the commission is made up of eight voting members and a nonvoting chairperson who is a Supreme Court Justice. The Governor appoints four nonlawyer members, two alternate nonlawyer members, and the chairperson of the commission. The Nebraska State Bar Association members elect four lawyer members and four alternate lawyer members as provided by statute. Terms of members shall be staggered. Residency and political party composition of each commission is governed by Neb. Const. art. V, § 21, and Neb. Rev. Stat. § 24-801 et seq.
(2) An alternate member shall serve as a member of the commission in the event of a member vacancy on the commission. The chairperson shall move an alternate to fill a vacancy of a member due to disqualification, resignation, or excused unavailability in compliance with statutory and constitutional requirements. An alternate member may serve in a temporary capacity if a member is disqualified or otherwise not available for a commission hearing. If a member resigns from any nominating commission, or leaves the commission for any other reason, the alternate shall fill the vacancy for the remainder of the unexpired term as provided by statute.
(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.