Judicial Ethics Committee Opinions - All

• 94-1

  Can a candidate for judgeship seek endorsement from individuals other than those listed on the application?

• 94-2

  Can a judge be used as a reference in the certification process of the National Board of Trial Advocacy?

• 94-3

  Must a sitting Nebraska judge recuse himself or herself simply because the judge is named as a party defendant in a case assigned to the judge?

• 95-1

  Opinion withdrawn

• 95-2

  Under the Nebraska Code of Judicial Conduct (1992), may a Nebraska state court judge accept compensation for teaching as a adjunct faculty member at the state-supported college of law?

• 96-1

  May a judge serve as volunteer chairperson of a celebration for a local charitable organization?

• 96-2

  Can a retired judge serve as an expert witness?

• 96-3

  May a judge preside over cases involving lawyers who play various roles in salary negotiations with the judge's spouse's employment group or the law firms with which such lawyers are affiliated?

• 96-4

  Under what circumstances, and pursuant to what procedure, may the law partners of an attorney appear and practice before a Nebraska judge who is the brother of that attorney?

• 96-5

  A judge, who has jurisdiction in certain civil matters in which his first cousin has a possible financial interest, states that he would be compelled to disqualify himself if the matter came to trial. Must the judge also disqualify himself from hearing a motion for default judgment?

• 96-6

  A judge inquires: Would a contribution to the Committee for an Independent Judiciary (Committee) made by his spouse from an account which bears his name as joint tenant and which is composed of her contributions (account) violate the Nebraska Code of Judicial Conduct (Code)?

• 96-7

  Must a judge disqualify from criminal cases prosecuted by the county attorney when that judge is a party to a pending appeal challenging the assessed value of the judge's personal residence?

• 96-8

  The presiding judge of a judicial district inquires:

  • Is recusal required if one of the parties to a lawsuit is an attorney who practices law in the court where that judge presides?
  • Does it make any difference if the attorney appears regularly in front of the judge?
  • Does it make any difference if the attorney is the defendant in a criminal case, as opposed to being a party plaintiff or party defendant in a civil case?
  • If one judge in a district decides that recusal is appropriate, must all judges in that district recuse themselves?
• 96-9

  May a judge write an occasional column for a local newspaper that is published by law enforcement officers primarily for law enforcement officers?

• 97-1

  Can a judge accept appointment to an executive branch agency advisory council?

• 97-2

  What ethical considerations apply to the winding up of the affairs of a professional corporation, of which a newly appointed judge is the sole shareholder, particularly with respect to certain employment agreements the corporation has with other attorneys?

• 97-3

  A newly appointed judge requests an opinion whether continued service on the board of a private foundation violates the Nebraska Code of Judicial Conduct. The foundation does not solicit funds or accept funds from any source other than properties upon which the foundation was based. (The foundation is a family foundation, the original bequest was from an estate, and additional bequests are anticipated from other estates). The purpose of the foundation is to make charitable grants.

• 97-4

  Can a judge serve as a board member of the University of Nebraska at Lincoln's Chancellor's Committee of Visitors?

• 97-5

  Request withdrawn, opinion never issued

• 97-6

  May a judge accept appointment to be a member of a Community Response Team which mobilizes community resources to reduce and prevent domestic violence by developing a coordinated approach to respond to crimes of domestic violence?

• 97-7

  May a judge

  • serve as a trustee of a trust created for the benefit of an incapacitated cousin and
  • receive her Social Security disability payments as a designated payee?

• 98-1

  Does the issuance of a protection order in which the signing judge has ex parte contact with the petitioner, either in person, by affidavit, or both, give rise to a conflict of interest such that the signing judge should recuse himself/herself from hearing further matters regarding either the same petitioner and/or the respondent, if any criminal or civil matters ensue?

• 98-2

  May a clerk magistrate serve on the board of directors of a bank?

• 98-3

  May a judge's staff engage in political activity with respect to local elections?

• 98-4

  May a judge write a letter of support for a funding grant on behalf of an agency providing support and assistance for the victims of crimes? Is the answer different if the agency is a Court Appointed Special Advocate (CASA) agency?

• 98-5

  May members of a judge's spouse's law firm practice before the judge? When must the judge recuse from cases involving former clients or clients of a previous employer?

• 98-6

  May a clerk magistrate hear or act on cases of a law firm that employs the clerk magistrate's wife in the capacity of an office manager and bookkeeper? If a conflict exists, what, if any, conditions would be available to continue her employment?

• 99-1

  Request withdrawn, opinion never issued

• 99-2

  A Nebraska lawyer who is considering applying for a judicial vacancy inquires as to what restrictions would arise from his co-ownership, with his current law partner of a corporation which operates a retirement home in the county where the judge, if appointed, would preside. Another partner in the same corporation is also a law partner of the potential applicant. Additionally, the brother of the potential applicant appears, on occasion, in the court for which the potential applicant might apply.

• 00-1

  Does participation in an auction that is intended to be a benefit and fundraiser for a local nonprofit organization constitute an ethical breach in the stated case?

• 00-2

  May judges accept an invitation to be recognized as a "Judicial Fellow" by ATLA?

• 00-3

  May a presiding judge of the Nebraska Workers' Compensation Court ethically perform his statutorily prescribed duties charging him with conservation of assets of the Workers' Compensation Trust Fund?

• 01-1

  May a judge accept an invitation to provide a welcoming statement at an event being sponsored by Mothers Against Drunk Driving (MADD) for law enforcement officers and representatives of victim witness organizations where the attendees will receive death notification training and leadership training?

• 01-2

  May a member of the judiciary who previously served as supervising deputy county attorney over the child support enforcement division of a county attorney's office preside in child support cases which were filed or being handled by the county attorney's office during the period of time the judge served as chief deputy county attorney? Specifically, should the judge consider recusal in either of the following situations:

  • If a bench warrant was issued while the judge was serving in the county attorney's office, does a conflict exist requiring recusal, when the child support obligor is picked up on that bench warrant,
  • In cases which were filed or opened by the county attorney's office while the judge served as the supervising attorney and in which a request is now being made for the issuance of a bench warrant or other action required in the case based on facts or events that occurred after the judge left the county attorney’s office?

• 02-1

  May a clerk magistrate be a candidate for election to a non-judicial office (clerk of the district court) while remaining a clerk magistrate?

• 02-2

  May a judge, pursuant to a request from an attorney, submit either a letter or affidavit to a referee in a disciplinary proceeding conducted by the Nebraska State Bar Association regarding the attorney’s fitness to continue to practice law in Nebraska?

• 02-3
  • Does the Code of Judicial Conduct allow a judge to author a “recruiting” letter for the Nebraska State Bar Association’s “One Hour of Sharing” campaign?
  • Does it make a difference that this campaign seeks either “hours of service” or cash contributions “in lieu of services” from Nebraska attorneys?
  • Does the Code of Judicial Conduct prohibit a judge from providing the Nebraska Legal Services agency with a statement or quote for use in its fund-raising pamphlet where the quote will be a general statement regarding the necessity and importance of the provision of civil legal services for low-income citizens?
• 02-4

  An employee of the county court and her husband have previously served as foster parents. The employee has now been appointed clerk magistrate of the county court, in a county which does not have a separate juvenile court, and asks the following questions:

  • Is it permissible to provide foster care for children within the judicial district?
  • Is it permissible to provide foster care for children from outside the judicial district?
  • May I provide foster care for a former foster child and adopt that child?
  • May I provide permanent placement in my home for the sibling of my former foster child?
• 02-5

  Would it be ethical for the Nebraska District Judges' Association to take public action in the event a district judge is unjustly criticized? If it would not be ethical, would the answer be different if the Association did not take the public action itself, but assisted local and/or state bar associations?

• 03-1

  Is a judge who is socially involved in a dating relationship with an attorney in a public defender’s office disqualified from all cases involving the public defender’s office or only from cases which the specific attorney, with whom the judge is involved, has appeared as attorney of record or been involved in any manner?

• 03-2

  Is a judge whose adult child is employed by a business which is partly owned by an attorney who regularly practices before the judge disqualified from all cases involving the attorney or only disqualified from cases specifically involving the business which employs the judge’s child?

• 03-3

  Should a county judge recuse in a juvenile case where there is a difference of opinion between the Department of Health and Human Services/Office of Juvenile Services and a school district regarding in-school supervision where the judge’s spouse is a member and vice president of the school board?

• 03-4

  What are a judge’s responsibilities under the Nebraska Code of Judicial Conduct when a member of the judge’s staff presents complaints about an attorney and requests that the judge file a disciplinary complaint with the Counsel for Discipline?

• 03-5

  May a judge participate as a member of a gala ball committee for a charitable organization where the judge’s participation is limited to organizing, the judge’s name would not appear on any literature regarding the fund-raising activity, and the judge would not personally solicit any funds?

• 04-1

  May a judge attend a training conference concerning domestic violence issues? May the judge’s tuition and expenses for attending the conference be paid for by a local domestic violence project or through a grant from the Department of Justice?

• 04-2

  Under what circumstances, if any, is it appropriate for a judge to retain a gift or honorarium for performing a wedding ceremony?

• 04-3

  The Supreme Court, in attorney discipline cases, appoints an attorney to act as a referee to conduct a hearing on the charges brought by the Counsel for Discipline against attorneys. When a lawyer in the law firm of the appointed referee is married to the first cousin of a Supreme Court judge, should the judge recuse in the case?

• 05-1

  May a judge serve on a Court Appointed Special Advocate (CASA) board serving a county which is outside the judge's judicial district?

• 05-2

  Should a judge recuse himself in a case during the pendency of which a pro se litigant in the action informs the judge that a complaint has been filed against the judge by the pro se litigant?

• 05-3

  Questions Presented

  1. Can a newly appointed judge continue to serve as director of a religious foundation which does not solicit funds?
  2. Does the foundation’s requirement that its board members also be members of a specific religious affiliation or denomination prohibit the judge from continuing to serve on its board of directors?
  3. May a judge offer legal advice to the board of directors, if called on to do so?
• 05-4

  Does the Nebraska Code of Judicial Conduct prohibit the Minority and Justice Implementation Committee, a committee of the Nebraska judicial system, from accepting funds from the Nebraska State Bar Association Charitable Funds, Inc.?

• 06-1

  Can a newly appointed judge continue to serve as a trustee on a charitable foundation which does not solicit or accept donations and whose sole purpose is to donate to other charitable and nonprofit organizations?

• 06-2
  1. Should the court be an instrument for providing brochures, pamphlets, and other informational literature for the elderly?
  2. If so, should the court limit the display of such information to nonprofit, public service types of organizations, or can the court allow the display of for-profit organizations?
  3. If so, should the court prominently display some sort of disclaimer clearly establishing the message that the court is not advocating for any of the organizations whose brochures are displayed or any of the services advertised by those organizations?
• 06-3
  1. Is it appropriate for a clerk magistrate or any employee of the court to place candidate signs in their yards?
  2. Is it appropriate for a clerk magistrate or records clerk to hand out campaign literature for a candidate?
  3. Does it make a difference if the clerk magistrate or records clerk is related to the candidate?
• 06-4

  The question presented in this case concerns a district court judge’s participation in a seminar about defense of driving under the influence (DUI) cases, titled “DWI Defense in the 21st Century,” put on by the Nebraska Criminal Defense Attorneys Association (NCDAA). The question is whether the judge’s participation is proper where he intends to present his perspective on effective motions to suppress; the title of his presentation in seminar publicity materials suggests that his presentation is, “A Judge’s Personal Perspective on Motions to Suppress. What’s Effective and What’s Not.” Other featured speakers are nationally known experts on various topics about challenging DUI charges, and the seminar publicity materials make clear that the NCDAA is committed to supporting criminal defense attorneys and solicits membership and payment of membership dues.

• 06-5

  (1) Can a judge serve on a committee to explore policy for a local high school board of education? (2) Can a judge appear at a public hearing before a board of education or one of its committees?

• 06-6

  Can a judge serve individually or on a panel with other persons as a judge who selects winners in speech contests, pageants, talent shows or other similar events sponsored by various non-profit groups or service clubs?

• 06-7

(1) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from attorneys that practice before the judge?
(2) Can a current judge, who wants to seek a different judicial position, actively seek out support for the new judicial position from nonattorneys that are acquaintances or friends of the judge?

• 07-1

May a judge introduce the keynote speaker at an event which is primarily commemorative but at which a fee is charged to attendees to cover the cost of the meal and excess funds are used for a scholarship fund for the benefit of a particular group?

• 07-2

May a newly appointed judge sever his financial and business interests in the law firm of which he is presently a shareholder and continue to temporarily maintain a general partnership with his prior partners who own the law firm’s building and a separate L.L.C. whose sole asset is a piece of real estate taken as fees for past legal work done by the law firm?

• 07-3

(1) May a quote by the judge, the judge’s name, and the judge’s title appear on a letter soliciting funds for a not-for-profit organization?

(2) If not, should the author of the solicitation letter be asked to remove the judge’s quote, name, and title from the letter?

(3) May the judge make a private donation to the not-for-profit organization in response to the solicitation letter?

• 07-4

May a judge send a letter of recommendation on behalf of a high school student, at the request of that student, who seeks to attend a particular college?

• 08-1

Can a judge attend or participate in a political party caucus held to elect delegates committed to a certain presidential candidate in that political party?

• 08-2

Can a judge permit judicial staff attorneys to provide legal representation for individual clients apart from their regular employment with the State?