How did Nebraska’s 1992 judicial conduct code apply to part-time and full-time child support referees?

Short answer The Committee said the entire Code applied to full-time child support referees; part-time referees also had to comply, except for the narrower law-practice restriction in Application Section A(3).
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JUDICIAL-NE
Issued
December 16, 1992

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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 Not binding precedent.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

The Committee answered whether the 1992 Nebraska Code of Judicial Conduct applied to child support referees and whether part-time and full-time service differed.

It said the Code expressly named child support referees even though they were not judges. Full-time referees were subject to the entire Code. Part-time referees were likewise covered, except that Application Section A(3) made their restriction on practicing law less stringent than the rule for judges.

The Committee distinguished child support referees from part-time judges and other referees covered by separate Application Section provisions. It declined to answer whether a smaller portion of the Code should apply because that was not a request for advice under the Code as adopted.

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 Treat this page as historical context, not current guidance.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: Did the Code apply to child support referees?

A: Yes. The opinion said the Application Section expressly covered them.

Q: What was different for part-time referees?

A: Their law-practice limitation was less restrictive under Application Section A(3); the rest of the Code applied.

Q: Did full-time referees receive an exception?

A: No. The Committee said the entire Code applied to full-time child support referees.

Background and rules framework

The opinion construed the 1992 Nebraska Code of Judicial Conduct’s Application Section, particularly part A(3), and distinguished its provisions for part-time judges, other referees, and retired judges.

Citations and references

Nebraska Code of Judicial Conduct: Application Section A(3), with discussion of A(1), A(2), A(4), and B.

See also

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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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