Could a Nebraska clerk magistrate serve on a bank’s board of directors?

Plain-English summary

A clerk magistrate asked whether board service at a bank was permitted. The Committee noted that the Nebraska Code of Judicial Conduct applied to clerk magistrates.

Former Canon 4D(3) barred judges from serving as directors of business entities, with exceptions for a closely held family business or a business primarily investing family financial resources. The Committee said bank board service was prohibited unless the institution met one of those exceptions.

Currency note

This opinion was issued in 1998, 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 Treat this page as historical context, not current guidance.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: Was an ordinary bank board position permitted?

A: No. The Committee said it was prohibited unless an identified exception applied.

Q: Which exceptions did the opinion identify?

A: A closely held business of the judge or family, or a business primarily investing the judge’s or family’s resources.

Background and rules framework

The opinion applied former Canon 4D(3) to clerk magistrates and referred to Nebraska Ethics Advisory Opinion 89-4.

Citations and references

Former Nebraska Code of Judicial Conduct: Canon 4D(3). Earlier opinion cited: Nebraska Ethics Advisory Opinion 89-4.

See also

• NE Judicial Ethics Op. 99-2: Corporation Board

Source

• Landing page: Nebraska Judicial Ethics Committee opinions
• Original PDF: Opinion 98-2

Original opinion text

Best-effort text extraction from the official PDF. The linked PDF is authoritative.

Nebraska Ethics Advisory Opinion 98-2

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

Conclusion
No, unless the bank is (a) a business closely held by the judge or members of the judge's family or (b) a business entity primarily engaged in investments of the financial resources of the judge or members of the judge's family.

Applicable Code Sections
Neb. Code of Jud. Cond., Canon 4D(3)

References in Addition to Nebraska Code of Judicial Conduct
Nebraska Ethics Advisory Opinion 89-4

Discussion
The Nebraska Code of Judicial Conduct applies to clerk magistrates.

Canon 4D(3) states:
A judge shall not serve as an officer, director, manager, general partner, advisor or employee of any business entity except that a judge may, subject to the requirements of this Code, manage and participate in:
(a) a business closely held by the judge or members of the judge's family, or
(b) a business entity primarily engaged in investments of the financial resources of the judge or members of the judge's family.

In addition, this committee has previously addressed this issue in Nebraska Advisory Opinion 89-4, and the holding of that opinion needs no further clarification.
Unless the financial institution falls within the exception set forth above, membership on the board of directors of a bank is prohibited.

Disclaimer
This opinion is advisory only and is based on the specific facts and questions submitted by the person or organization requesting the opinion pursuant to appendix A of the Nebraska Code of Judicial Conduct. Questions concerning ethical matters for judges should be directed to the Ethics Advisory Committee.

Nebraska Ethics Advisory Opinion
98-2
Released: March 1998
Page 1 of 2
 APPROVED AND ADOPTED
BY THE COMMITTEE ON MARCH 4, 1998

Judge Darvid Quist
Judge Randall Rehmeier
Judge Stephen M. Swartz
Judge Toni G. Thorson
Judge Lindsey Miller-Lerman
Judge Cloyd Clark
Judge Donald Rowlands

Nebraska Ethics Advisory Opinion
98-2
Released: March 1998
Page 2 of 2