This is a public service announcement. The selection process for judges in Nebraska in no way resembles what we saw this week with the U.S. Senate Judiciary Committee hearings.
Last week I was sitting in the Nebraska Supreme Court hearing room. It is one of the most beautiful rooms in the Nebraska Capital. The chamber is acoustically perfect, aided by the 8000 piece carved walnut ceiling. It is my favorite room in the Capital. As I sat there listening to candidates for the Lancaster County Court bench, I thought how grateful I am that the judicial selection process in Nebraska remains thorough, dignified, polite, bipartisan, and fair.
Supreme Court Room
In Nebraska we use what is called the Missouri Plan for the selection of judges. “[T]here are judicial nominating commissions for the chief justiceship, for each district of the supreme court, court of appeals, . . . district court, [county court, and separate juvenile courts], making a total of thirty-three commissions. Each nominating commission consists of four lawyers elected by [their fellow lawyers], four non-lawyers appointed by the governor, and a supreme court justice who serves as a non-voting chair. No more than two lawyers and two non-lawyers may be members of the same political party. Commission members serve staggered, four-year terms.” National Center for State Courts. There are four alternate lawyers and four alternate non-lawyers selected in the same manner.
Last week I was sitting as an alternate member of the Commission, although I have previously served as a voting member of the Commission. As an alternate I sat through all the public and closed proceedings and had access to the same information as voting members. Alternates are dismissed before the final selection process after it is clear that no voting members have conflicts of interest.
We heard each candidate speak in public and tell us why they felt they should be on the court; there was an opportunity for the public to speak in favor or opposed to each candidate. We interviewed each candidate in private and addressed any concerns of the Commission members. We received an application from each candidate, information about any complaints filed against them, their credit reports, ratings (kept confidential from even the candidates) from judges and fellow attorneys, and letters of recommendation submitted on behalf of the candidates. We did not embarrass anyone in public, and there was no yelling by anyone. Each Commission member asked their own questions. No “female or male assistant” asked questions of the candidates.
After the other alternates and I left, the Commission recommended four candidates to the Governor, who will make the final decision on who will be appointed to the bench. Some might think the final piece of this process will be political, and it might. But because of the work of the Judicial Nominating Commission in this case and in every judicial appointment in Nebraska, we can be sure that the final candidates have been thoroughly vetted by a fair and bipartisan process. These candidates have been found to be competent and qualified to serve as a judge. It isn’t a perfect process, but after last week, I think it beats the way we select Justices for the United States Supreme Court.

