Ezel / Ethics Opinions / JUDICIAL-NE

May a Nebraska judge prepare and file adoption papers and appear in court as counsel for a daughter?

Short answer The Committee said the judge could not represent the daughter and son-in-law in the adoption by preparing papers, filing as their lawyer, or appearing as counsel; the then-current Nebraska Code and law prohibited that practice.
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JUDICIAL-NE
Issued
February 10, 1992
Source
View Original PDF

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This page answers the general question as of 1992. Ask about yours and see what the current rules of professional conduct in your state say for your facts, with citations.

Disclaimer: Advisory only. Not binding precedent.
About this page: The plain-English summary, reader guidance, and Q&A below were written by Ezel based on the official ethics opinion. The original opinion (linked on this page as a PDF) is the authoritative source for any reliance.
View original ethics opinion (PDF)

Plain-English summary

A judge asked whether he could prepare adoption documents, file them as legal representative, and appear at the adoption hearing for his daughter and son-in-law.

The Committee concluded that each proposed step amounted to practicing law in county court and was prohibited by then-current Canon 5F and Nebraska law. It noted that an ABA model provision for uncompensated family advice had not been adopted in Nebraska and conflicted with cited state law.

Currency note

This opinion was issued in 1992, 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 Treat this page as historical context, not current guidance.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 prepare the adoption documents as counsel?

A: No. The Committee rejected document preparation as part of the proposed legal representation.

Q: Could the judge appear at the hearing for the family?

A: No. It said acting as counsel at the adoption hearing was prohibited.

Q: Did the ABA model family exception control?

A: No. The Committee said Nebraska had not adopted it and cited conflicting Nebraska law.

Background and rules framework

The opinion applied the pre-September 1992 Nebraska Code’s Canon 5F and discussed Neb. Const. art. V, § 14 and Neb. Rev. Stat. § 7-111. It distinguished a later ABA model provision that Nebraska had not adopted.

Citations and references

Former Nebraska Code of Judicial Conduct: Canon 5F. State law cited: Neb. Const. art. V, § 14; Neb. Rev. Stat. § 7-111. Model provision discussed: ABA Model Code Canon 4G, not then adopted in Nebraska.

See also

Source

Original opinion text

Full opinion text unavailable from the official source; see the linked source above for the complete text.

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