Nebraska Judicial Ethics Committee Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Nebraska Judicial Ethics Committee, with full citations and source links on every page.
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May a county judge disregard a district court’s specific remand instructions because the judge disagrees?
Nebraska Judicial Ethics Committee Opinion 26-2 says no: a lower court must follow the appellate court’s specific mandate and has no discretion to depart from it.
Must a judge recuse from every case involving an attorney the judge sharply criticized during judicial selection?
Nebraska Judicial Ethics Committee Opinion 26-1 requires disqualification in every matter involving the attorney because the judge’s prior email was so severe that a reasonable person would question…
May a judge speak at a domestic violence vigil and appear in the organizer’s Facebook photos?
For the described event, the Nebraska Judicial Ethics Committee advised the judge to decline the speaking invitation and decline photos of the judge and staff on the organizer’s Facebook page…
Must a judge recuse from all criminal cases involving the law enforcement agency that employs the judge’s spouse?
Nebraska Judicial Ethics Committee Opinion 24-1 requires disqualification when the spouse arrested a person, issued a citation, or may testify in the case. It does not require disqualification…
How may a judge on a nonprofit board take part in fundraising events and appear on its website?
The Nebraska Judicial Ethics Committee allowed attendance, purchases, donations and behind-the-scenes planning under stated limits, but barred use of the judge’s title to recruit or solicit and said…
When must a district judge recuse from proceedings involving rulings made by the judge’s county judge sibling?
Nebraska Judicial Ethics Committee Opinion 22-2 requires recusal when the district judge reviews the sibling’s rulings, including appeals, pleas in abatement and search warrants. It distinguishes…
When must a district judge recuse because the judge’s spouse is a deputy county attorney?
Nebraska Judicial Ethics Committee Opinion 22-1 distinguishes a spouse’s work in the same proceeding from separate cases. It requires recusal from a transferred problem-solving case in which the…
May a court distribute a mediation center’s pamphlet to eviction litigants or attach it to the tenant’s summons?
Nebraska Judicial Ethics Committee Opinion 21-2 permits court-related informational mediation pamphlets for litigants and courthouse display. It says a pamphlet promoting a specific provider should…
Could a judge appear in CASA publicity, attend or speak at its fundraiser, seek county funding, and train volunteers?
Nebraska Judicial Ethics Opinion 21-1 allowed carefully considered photos and quotes, paid attendance, and volunteer training; it barred a county funding request and speaking at the primarily…
Must a judge recuse from every county attorney case when the judge’s spouse works there as an administrative and legal assistant?
Nebraska Judicial Ethics Opinion 20-2 required recusal from cases handled by the deputy county attorney whom the spouse assisted, but not every case from the office.
Could eviction judges meet a legal aid coalition, adjust scheduling, refer tenants to it, and attach its material to summonses?
Nebraska Judicial Ethics Opinion 20-1 allowed administrative meetings and fair scheduling, but barred specific lawyer referrals, blanket continuance promises, and provider promotions in summonses.
Could a judge serve as treasurer for a high school legion baseball team?
Nebraska Judicial Ethics Opinion 19-2 conditionally allowed treasurer service if the team was a qualifying nondiscriminatory nonprofit and the judge obeyed fundraising and conflict limits.
Could an on-call judge discuss an arrestee’s criminal history and bond amount privately with a prosecutor over a weekend?
Nebraska Judicial Ethics Opinion 19-1 barred the substantive ex parte bond discussion, while distinguishing review of an authorized warrantless-arrest affidavit.
When could a former corrections agency general counsel hear inmate claims as a judge?
Nebraska Judicial Ethics Opinion 17-3 required recusal from challenges to policies the judge helped draft and supported avoiding claims arising during or soon after the tenure; later application…
Could a judge hear cases prosecuted by a deputy supervised by the judge’s brother, the elected county attorney?
Nebraska Judicial Ethics Opinion 17-2 required recusal from the brother’s office cases and barred the judge from appointing the brother as counsel; a properly recorded waiver could permit some…
Could an active judge serve on a local justice council reconvened to recommend ways to reduce jail population?
Nebraska Judicial Ethics Opinion 17-1 advised against serving as a council member for that purpose, while allowing limited factual assistance on justice-system matters.
Must a judge recuse when the judge’s prosecutor spouse participated in arraignment, juvenile proceedings, or plea talks?
Nebraska Judicial Ethics Opinion 16-4 required recusal when the prosecutor spouse was involved in the case, even if another lawyer filed the original charge.
Could a judge recommend a court clerk for another job using court letterhead and the judicial title?
Nebraska Judicial Ethics Opinion 16-3 allowed a personally grounded recommendation for a court or private-sector job, including court letterhead and the title “Judge,” with safeguards against misuse…
Could a judge recuse from adoption cases involving same-sex married couples solely because of religious beliefs?
Nebraska Judicial Ethics Opinion 16-2 said the Code did not permit that recusal; refusing only those cases would manifest sexual-orientation bias.
Could a juvenile judge serve on a county task force recommending how guardians ad litem should be appointed?
Nebraska Judicial Ethics Opinion 16-1 allowed service on a task force focused on guardian ad litem appointment methods, with limits if it moved into unrelated political policy.
May a clerk magistrate handle citations issued by a State Patrol officer spouse or remain in court while the spouse testifies?
Nebraska Judicial Ethics Opinion 15-2 concluded that a clerk magistrate must recuse from matters involving the officer spouse, including handling citations and fines or being in court during the…
May a judge or clerk magistrate who performs marriages decline same-sex ceremonies on religious grounds or refer the couple elsewhere?
Nebraska Judicial Ethics Opinion 15-1 said a judge or clerk magistrate performing marriages could not refuse same-sex couples or refer them away on that basis, but could choose to perform no marriages.
May a county judge remain on the Safety Council board when it administers the city prosecutor’s diversion program?
Nebraska Judicial Ethics Opinion 14-1 prohibited board service after the Council began administering a diversion program whose unsuccessful participants could return to the judge’s court.
May a clerk magistrate accept donations from a community fundraiser for her medical bills?
Nebraska Judicial Ethics Opinion 12-4 prohibited a fundraiser involving or mentioning the clerk magistrate, while noting that family or others could receive funds by another method subject to gift…
May a judge’s spouse include their jointly owned gardens in a theater fundraiser?
Nebraska Judicial Ethics Opinion 12-2 allowed the spouse’s garden walk under the stated safeguards: the judge would prepare the gardens but would not attend or be named in event materials.
What duties arise when a probate judge learns privately from counsel of a personal representative’s suspected misuse of estate funds?
Nebraska Judicial Ethics Opinion 12-1 identified possible reporting duties and said the judge should notify interested parties of the ex parte communication and allow a response, without prescribing…
May an applicant for judicial appointment remain a political party convention delegate?
Nebraska Judicial Ethics Opinion 12-3 said a prospective judicial candidate could avoid a Code violation by unequivocally resigning or declining the delegate role in writing before applying for the…
Must a judge recuse from every case involving the lawyer representing the judge’s former spouse in unrelated litigation?
Nebraska Judicial Ethics Opinion 11-4 rejected blanket disqualification on the stated facts, while requiring a case-specific impartiality assessment and recusal if personal bias toward the attorney exists.
May a judge appear in an architectural firm’s video promoting courthouse renovations?
Nebraska Judicial Ethics Opinion 11-3 disallowed the judge’s participation because the firm’s video risked advancing its private interests through the prestige of judicial office.
May a judge serve ex officio on a nonprofit Safety Council board if the judge is omitted from fundraising materials?
Nebraska Judicial Ethics Opinion 11-2 allowed ex officio Safety Council board service on the stated facts, subject to fundraising limits and regular review of the organization’s activities.
Must a judge recuse when a retired former judicial colleague appears as an attorney?
Nebraska Judicial Ethics Opinion 11-1 said former judicial service together does not by itself require recusal; each judge must consider whether a close relationship or bias affects impartiality.
May a judge attend or participate in fundraisers for a family foundation and a community theater?
Nebraska Judicial Ethics Opinion 09-1 allowed donating to and attending the foundation fundraiser, but barred personal fundraising participation, fundraising website use of the judge’s identity, and…
May a judge speak at a state board anniversary dinner and accept the complimentary meal?
Nebraska Judicial Ethics Opinion 08-4 permitted speaking at and attending the nonfundraising board dinner; the complimentary meal fit the former Code’s justice-related activity or ordinary…
May judicial staff attorneys represent private or pro bono clients outside their court employment?
Nebraska Judicial Ethics Opinion 08-2 found no Code ban on outside representation by supervised staff attorneys, but said the judge must supervise Code compliance and applicable personnel rules…
May a sitting judge attend or participate in a party caucus selecting presidential convention delegates?
Nebraska Judicial Ethics Opinion 08-1 concluded that even attending the public party caucus was prohibited political gathering activity, and participation was a prohibited public endorsement; one…
Must a juvenile judge recuse when a witness is married to another judge of the same court?
Nebraska Judicial Ethics Opinion 08-3 rejected automatic recusal solely because a witness is a judicial colleague’s spouse, while requiring an objective assessment of impartiality.
May a judge write a college recommendation for a student personally known to the judge?
Nebraska Judicial Ethics Opinion 07-4 allowed a recommendation grounded in the judge’s firsthand knowledge, subject to limits on character testimony and use of judicial-office prestige.
May a charity use a judge’s quote, name, and title in a donation request, and may the judge donate?
Nebraska Judicial Ethics Opinion 07-3 said the judge should have the quote, name, and title removed from the solicitation, but could privately donate to the nonpolitical charity.
May a newly appointed judge retain interests in a former law firm’s building partnership and real estate company?
Nebraska Judicial Ethics Opinion 07-2 required divestment of the judge’s firm, building partnership, and property company interests as soon as reasonably possible under the former Code.
May a judge introduce a speaker at a commemorative breakfast that also raises scholarship funds?
Nebraska Judicial Ethics Opinion 07-1 concluded the judge could not introduce the keynote speaker because the event also raised scholarship funds; one member dissented.
May a sitting judge seeking another judgeship ask lawyers and nonlawyer acquaintances for support?
Nebraska Judicial Ethics Opinion 06-7 allowed a judge to seek such support, while barring promises about case outcomes or advocacy of controversial personal views when seeking it.
May a judge score speech contests, scholarship selections, pageants, or talent shows for nonprofit groups?
Nebraska Judicial Ethics Opinion 06-6 permitted judging the described nonprofit competitions where participation did not impair impartiality or connect the judge’s name to fundraising.
May a juvenile judge join a school board drug testing policy committee or advocate at its public hearing?
Nebraska Judicial Ethics Opinion 06-5 barred both committee service and public hearing advocacy on the proposed school policy under the former Code’s restrictions on governmental roles.
May a judge teach suppression-motion tactics at a DUI defense association seminar promoted with the judge’s credentials?
Nebraska Judicial Ethics Opinion 06-4 concluded that the judge should not participate in this particular seminar because its defense focus, proposed content, and membership solicitation raised…
May a clerk magistrate or records clerk post candidate signs or distribute campaign literature?
Nebraska Judicial Ethics Opinion 06-3 barred clerk magistrates from those political activities, regardless of family ties to the candidate, while distinguishing court employees who do not perform…
May a court display private organizations’ brochures and advertising near its probate courtroom?
Nebraska Judicial Ethics Opinion 06-2 disallowed unrelated nonprofit and commercial promotional materials near courtrooms while permitting materials connected to court business.
May a new judge remain trustee of a foundation that makes charitable grants and is involved in an appeal from the judge’s district?
Nebraska Judicial Ethics Opinion 06-1 allowed continued trustee service on the stated facts, with limits on legal advice, fundraising, frequent litigation, and participation in any remanded case.
May a judicial system minority and justice committee receive funds designated by the state bar’s charitable fund?
Nebraska Judicial Ethics Opinion 05-4 allowed the court committee to accept the designated charitable funds where it had not solicited them and no judge or court employee would be paid.
May a judge remain on a religious foundation board that limits membership by denomination and provide it legal advice?
Nebraska Judicial Ethics Opinion 05-3 allowed continued board service despite the denomination requirement, provided the foundation did not frequently litigate before the court; the judge could not…
Must a judge recuse when a litigant says they filed a judicial conduct complaint against the judge?
Nebraska Judicial Ethics Opinion 05-2 found no automatic recusal from the complaint alone, but said the judge should recuse if knowing of it creates personal bias or prejudice.
May a juvenile judge join a Court Appointed Special Advocate board outside the judge’s district?
Nebraska Judicial Ethics Opinion 05-1 concluded that CASA board service was prohibited because it could cast doubt on judicial impartiality even when the board served another district.
When may a Nebraska judge retain payment for performing a wedding ceremony?
Nebraska Judicial Ethics Opinion 04-2 permits reasonable payment for an unsolicited ceremony outside normal court hours, without publicly funded court resources.
Should a Supreme Court judge recuse when an appointed disciplinary referee’s partner is married to the judge’s first cousin?
Nebraska Judicial Ethics Opinion 04-3 called for recusal because the relative’s spouse could have an interest in referee fees and the judge’s review would create an appearance of impropriety.
May a Nebraska judge attend domestic violence training funded by a local project or the Justice Department?
Nebraska Judicial Ethics Opinion 04-1 allows attendance at the described conference if it is not primarily prosecutorial, but rejects tuition and expenses funded by the local domestic violence…
When must a judge report a lawyer after a court reporter alleges misconduct?
Nebraska Ethics Opinion 03-4 distinguishes information calling for appropriate action from actual knowledge of a serious lawyer violation, which must be reported; the judge must assess the…
May a Nebraska judge help organize a charitable gala ball without soliciting funds?
Nebraska Judicial Ethics Opinion 03-5 permits behind-the-scenes organizing with no solicitation, publicity, speech or special recognition tied to the fundraiser.
Should a juvenile judge recuse when the judge’s spouse is a school board officer and the school district disputes supervision?
The Nebraska Ethics Committee in Opinion 03-3 called for recusal because the spouse’s school board role created more than a de minimis interest and an appearance of impropriety.
Must a judge recuse when a lawyer before the judge partly owns the business employing the judge’s adult child?
Nebraska Ethics Opinion 03-2 found no recusal basis on the stated facts when the lawyer’s separate business was not involved in the case; it allowed disclosure out of caution.
Must a judge recuse from every public defender case when dating one attorney in the office?
Nebraska Ethics Opinion 03-1 requires recusal from cases involving the attorney the judge dates, but finds no automatic disqualification from other attorneys’ cases in that public defender office on…
May a judges’ association publicly respond when a district judge is criticized in the press?
Nebraska Ethics Opinion 02-5 declined a definitive answer without details of the criticism and proposed response, but warned that comments on a case or issue likely to come before judges could…
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Legal ethics opinions from the Nebraska Judicial Ethics Committee interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are advisory, not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.