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 clerk magistrate provide foster care while exercising juvenile jurisdiction?
Nebraska Ethics Opinion 02-4 rejects the proposed foster placements involving Health and Human Services, regardless of compensation; it permits voluntary parental placement only without that…
May a judge voluntarily send character evidence for a lawyer’s disciplinary hearing?
Nebraska Ethics Opinion 02-2 bars the requested voluntary affidavit, permits testimony if subpoenaed, and allows a letter if the disciplinary referee requests it.
May a judge recruit lawyers for a pro bono campaign or give a quote for a legal services fundraiser?
Nebraska Ethics Opinion 02-3 rejects both a judicial recruitment letter seeking pro bono hours or cash and a judicial quote for a legal services fundraising pamphlet.
May a clerk magistrate run for district court clerk while remaining in the judicial position?
Nebraska Ethics Opinion 02-1 says a clerk magistrate must resign before becoming a candidate for nonjudicial office, including district court clerk.
When must a judge recuse from child support matters opened while the judge supervised county prosecutors?
Nebraska Ethics Opinion 01-2 called for recusal from matters tied to facts arising during the judge’s prior supervisory service, but found no required recusal after final resolution for later…
Could a judge give a welcome at a MADD training event for officers and victim advocates?
Nebraska Ethics Opinion 01-1 declined a definitive answer without the speech and event details; it said a limited welcome might be possible if it did not imply endorsement or cast doubt on impartiality.
Could a Workers’ Compensation Court presiding judge perform statutory trust fund duties under the judicial ethics code?
Nebraska Ethics Opinion 00-3 found no Code violation in the presiding judge’s statutory trust fund duties because they were judicial duties and the State Treasurer held the funds.
Could a judge accept an ATLA Judicial Fellowship with complimentary materials and event registration?
Nebraska Ethics Opinion 00-2 allowed the listed complimentary resources if fellowship meant only those benefits, but prohibited acceptance if it amounted to membership or implied endorsement of ATLA.
Could a judge take part in a charitable auction that would advertise and honor the judge?
Nebraska Ethics Opinion 00-1 rejected participation in the advertised auction fundraiser but allowed attendance as a nonhonoree without the judge’s name or title in event literature.
What restrictions would a judicial applicant’s retirement home ownership and lawyer relatives create after appointment?
Nebraska Ethics Opinion 99-2 required resignation from the retirement home board and recusal from the brother’s cases; it gave liquidation or recusal alternatives for the lawyer co-owner relationship.
May a clerk magistrate hear cases from a firm employing the magistrate’s spouse as office manager?
Nebraska Ethics Opinion 98-6 called for disqualification from the firm’s cases, while allowing participation after the Code’s remittal procedure and party consent.
Could lawyers in a judge’s spouse’s firm appear before the judge if they did not share profits?
Nebraska Ethics Opinion 98-5 required disqualification from the spouse’s and firm partners’ cases despite the absence of shared profits, subject to written party waiver; it left former-client…
Could a judge write a grant support letter for a victim assistance or CASA agency?
Nebraska Ethics Opinion 98-4 permitted a support letter based on the judge’s personal knowledge, while cautioning against direct fundraising, membership or abuse of judicial prestige.
Could a judge’s staff take part in local elections outside court work?
Nebraska Ethics Opinion 98-3 allowed staff political activity outside work, apart from judicial employment, while directing the judge to prevent workplace campaigning or use of court resources.
Does ex parte review of a protection order application require recusal from later related cases?
Nebraska Ethics Opinion 98-1 said the statutory ex parte review itself did not require recusal from later protection order, criminal or dissolution matters; actual inability to act impartially would.
Could a Nebraska clerk magistrate serve on a bank’s board of directors?
Nebraska Ethics Opinion 98-2 prohibited bank board service unless the entity fit the former Code’s closely held family business or family investment exception.
May a judge continue serving on a private family foundation board that makes charitable grants?
The Committee found the board service permissible on the stated facts, provided the foundation was not likely to be engaged frequently in adversary proceedings in the judge’s court and the judge did…
May a judge serve on a university chancellor’s governmental advisory committee?
The Committee concluded that service on the University of Nebraska committee was incompatible with former Canons 4C(2) and 2A because the committee advised a state institution on policy outside the…
How must a newly appointed judge wind up a law corporation with ongoing cases and attorney employment agreements?
The Committee required the new judge to end all involvement in the corporation’s affairs and pending cases upon taking office; only passive receipt of fees for legal work already performed could continue.
May a juvenile court judge serve on an executive branch health and human services policy council?
The Committee concluded that service on the Partnership Council was prohibited under former Canon 4C(3)(a) because the council’s work could intersect with adversary proceedings in the judge’s court;…
May a county judge serve as trustee for an incapacitated cousin and handle her disability benefits?
The Committee allowed family trust service only within Canon 4E’s limits, but found that handling the cousin’s benefits without formal appointment created an appearance of impropriety. It said a…
May a trial judge join a community team advocating a coordinated response to domestic violence?
The Committee concluded that a judge could not join the described Community Response Team because its advocacy goals would call the judge’s impartiality into question.
May a judge hear a default judgment motion in a case from which a family conflict would require trial recusal?
The Committee concluded that a family conflict requiring recusal at trial also required recusal from a default judgment motion and all other aspects of the case.
May a judge’s spouse donate from a joint account to a committee supporting judicial independence or a retention candidate?
The Committee allowed a joint-account donation if the group’s sole aim was judicial independence, but said a retention-candidate campaign donation from that account would suggest prohibited…
May a judge hear cases argued by law partners of the judge’s attorney brother?
The Committee said Nebraska’s disqualification statute covered the brother’s law partners: the judge had to disclose the relationships on the record and recuse unless every party consented in…
May a judge hear cases involving lawyers connected to salary negotiations affecting the judge’s spouse?
The Committee said the judge should disclose the relationships to parties in cases involving either lawyer; if the parties did not object, recusal was not required on the facts presented.
May a retired judge who accepts temporary judicial assignments volunteer as an expert witness?
The Committee said the retired judge could not voluntarily testify as an expert, but compelled expert testimony was permitted if the judge discouraged being summoned and did not volunteer judicial…
May a clerk magistrate chair a charity celebration funded by donations?
The Committee allowed charitable participation only if direct fundraising could be separated from the judicial officer’s role; it cautioned that serving as overall chair would make avoiding an…
May a judge write an occasional column for a newspaper published by and for law enforcement officers?
The Committee concluded that the judge could not write for the described law enforcement newspaper because litigants could view the association as compromising impartiality.
Must a judge recuse when a lawyer who regularly appears before the judge becomes a civil or criminal litigant?
The Committee said routine appearances did not alone require recusal; a special relationship could require disclosure and consideration of waiver. Each judge in the district had to assess…
Must a judge recuse from state criminal prosecutions while the county attorney opposes the judge in a personal tax appeal?
The Committee found no automatic recusal from state criminal cases absent bias or antipathy, but said the judge should recuse from cases naming the county or county board while the tax appeal was pending.
May a state judge accept pay for adjunct teaching at a state-supported law school?
The Committee found no Canon 4 bar to adjunct teaching, but declined to decide whether paid teaching at the state law college violated separation of powers. It advised resolving that legal issue…
Must a judge recuse after losing litigants name the judge in a separate suit?
The Committee concluded that the collateral suit described did not itself require disqualification, but the judge had to assess independently whether personal bias or prejudice required recusal.
May a judge provide a confidential reference for a lawyer seeking professional certification?
The Committee allowed the judge to serve as a confidential reference for trial advocacy certification, provided the evaluation did not imply a judicial endorsement of the lawyer.
May a candidate for judicial appointment seek endorsements beyond the people listed in the nominating commission application?
The Committee said a candidate could seek support or endorsements from people beyond those named in the judicial nominating commission’s application materials.
May judges rotate service on an institutional bioethics committee at a medical facility?
The Committee concluded that a sitting judge should not serve on an institutional bioethics committee, even through rotation among judges, because of likely recusal and impartiality concerns.
May a new judge receive payment for former contingency matters and hear cases involving the former or associated firms?
The Committee treated valuation of the former contingency interest as outside judicial ethics, but required recusal from cases involving the former firm or associated firm while the judge retained a…
May a juvenile judge serve on the Nebraska Commission for the Protection of Children?
The Committee found no Code bar if service did not violate constitutional separation of powers, a legal question it declined to decide. It called for continuing review of the commission’s work.
May a judge belong to lodges that appear to exclude women from membership?
The Committee declined to decide the unnamed lodges’ membership facts; it said a judge must determine whether exclusions are arbitrary and that membership violates former Canon 2C if the…
May a sitting judge voluntarily give paid oil-and-gas expert testimony in another state?
The Committee prohibited voluntary expert testimony by the sitting judge; compelled testimony could be given under conditions including avoiding volunteered judicial status and following…
How did Nebraska’s 1992 judicial conduct code apply to part-time and full-time child support referees?
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).
May a judge write a requested award recommendation for a court clerk whose work the judge knows personally?
The Committee allowed the requested recommendation based on the judge’s personal knowledge of the clerk’s work and contributions, finding that it did not misuse judicial prestige on these facts.
Must a judge recuse from cases handled by firms representing a brother or spouse in unrelated family matters?
The Committee said no recusal was needed without a special judge-lawyer relationship, but the judge’s attendance at meetings with the spouse’s probate lawyer created a relationship requiring…
Does a county judge’s spouse working in administrative social services create an ethical conflict?
The Committee found no conflict on the stated facts because the spouse’s planning role had minimal client contact and no county court contact; it said a different role might raise other considerations.
May a judge hear cases handled by other public defenders when the judge’s son works in the same office?
The Committee said recusal was unnecessary in cases handled by the son’s colleagues if the son neither appeared nor had any involvement, absent another factor raising a reasonable impartiality concern.
May a judge appear before a city planning commission about a development affecting the judge’s property?
Under the Nebraska Code then in force, the Committee said the judge could not appear before the planning commission to support or oppose the development, even though a later model code would permit…
May a Nebraska judge prepare and file adoption papers and appear in court as counsel for a daughter?
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…
May a judge remain in a former law firm’s retirement plan and hear cases involving the firm or plan trustee?
The Committee advised the judge not to hear former-firm cases while in its retirement plan, and identified further recusal or financial-dealing issues depending on plan management, trustee status,…
May a judge remain in the Knights of Columbus while hearing matters related to abortion law?
The majority allowed active or inactive membership, but called for on-record disclosure in cases under the cited abortion law and consideration of disqualification; two concurrences raised…
May a judge give Martindale-Hubbell a professional evaluation of a lawyer?
The Committee allowed a judge to provide a professional evaluation for a legal rating publication if it remained confidential and created no public impression that the judge endorsed the lawyer.
May judges contribute to a committee supporting a constitutional amendment to improve appellate court administration?
The Committee allowed contributions to the committee supporting Constitutional Amendment 2, while suggesting that judges give in a way that would not imply endorsement of the committee’s fundraising.
May a judge answer a judicial nominating commission’s request about an applicant’s qualifications?
The Committee allowed a judge to respond to a nominating commission’s request for information about an applicant, but said the response should not be furnished to the applicant.
May a judge serve on an educational institution’s board and attend its fundraising dinner?
The Committee allowed board service and ordinary attendance at the dinner if the institution did not regularly litigate and the judge took no part in fundraising or appear as a featured participant.
May a judge hear cases from a legal aid agency where the judge’s law student daughter conducts research?
The Committee said the judge should recuse from cases on which his daughter conducted research, but could hear the agency’s other cases because she was not a lawyer and had no financial interest in…
May a judge certify factual practice information for a lawyer’s admission in another state?
The Committee allowed a judge to certify known facts about a lawyer’s appearances and, if certain, bar membership dates, where the form offered no recommendation or evaluation.
May a judge hear a case handled by a lawyer at the firm employing the judge’s daughter?
The Committee said the judge should recuse whenever any lawyer from the daughter’s firm appeared, even if the daughter herself was not involved.
May a judge write a favorable letter for a lawyer’s presentence investigation after recusing from the criminal case?
The Committee said such a letter would violate former Canons 1 and 2 because it would imply a request for favorable treatment and amount to voluntary character testimony.
May a judge run for director of a national service organization and receive expense reimbursement?
The Committee allowed election and service under conditions addressing nondiscrimination, fundraising, litigation, investment advice and reasonable, reported expense reimbursement.
May a judge perform a simulated ceremony for a couple already legally married elsewhere?
The Committee concluded that the judge should not participate because an apparently official ceremony would lend judicial prestige to a private occasion even if the judge announced that the ceremony…
May a judge handle routine appearances by a lawyer brother-in-law or cases brought by the lawyer’s office sharer?
The Committee allowed purely mechanical appearances by the brother-in-law and did not require automatic recusal for the office sharer, but required recusal for shared-client cases and warned about…
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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.