May a judge answer a judicial nominating commission’s request about an applicant’s qualifications?
Apply this to your situation
This page answers the general question as of 1990. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.
Plain-English summary
A judge asked whether letters or answers about a lawyer’s qualifications could be given to a judicial nominating commission considering the lawyer for appointment.
The Committee said a judge may respond to a government body responsible for recommending or making judicial appointments when that body requests the information. It said the judge’s communication should not be shown to the applicant.
The opinion weighed former Canon 2’s restriction on advancing private interests against Canon 3B(1)’s duty to facilitate other court officials’ administrative work. Its answer was limited to a legitimate body’s request for needed information.
Currency note
This opinion was issued in 1990, before Nebraska's adoption of the 2011 Revised Code of Judicial Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific requirement.
Common questions
Q: Could the judge answer a nominating commission’s request?
A: Yes. The Committee expressly allowed a response when the commission requested information about a candidate.
Q: Could the applicant receive the response?
A: No. The Committee said the response should not be furnished to the applicant.
Q: Did the opinion authorize unsolicited references?
A: Its stated conclusion was restricted to circumstances in which the commission requested the information.
Background and rules framework
The opinion applied former Nebraska Canons 2A, 2B and 3B(1) to a requested reference for judicial selection. It distinguished a response to an appointing body from voluntarily advancing a private applicant’s interests.
Citations and references
Former Nebraska Code of Judicial Conduct: Canons 2A, 2B, and 3B(1).
See also
Source
- Landing page: Nebraska Judicial Ethics Committee opinions
- Original PDF: Opinion 90-2
Original opinion text
Full opinion text unavailable from the official source; see the linked source above for the complete text.
What do the rules say today, for your facts?
This opinion is from 1990. Ezel checks the current rules of professional conduct in your state against your situation and cites the rules it relies on.
Opens in Ezel Pro.
- Checks the law as it stands today, not only this page
- Cites every source it relies on, so you can verify it
- Chat, drafting and research in one workspace