Michael Heavican

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Michael Heavican
Image of Michael Heavican
Prior offices
Nebraska Supreme Court Chief Justice
Successor: Jeffrey Funke

Education

Bachelor's

University of Nebraska, 1969

Law

University of Nebraska, 1974

Personal
Birthplace
Columbus, Neb.

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Michael Heavican was the Chief Justice of the Nebraska Supreme Court. He assumed office on October 2, 2006. He left office on October 31, 2024.

Heavican ran for re-election as Chief Justice of the Nebraska Supreme Court. He won in the retention election on November 8, 2022.

In Nebraska, the position of chief justice is a specific seat on the court (similar to the Supreme Court of the United States) rather than a peer-selected leadership position. Heavican was appointed by Gov. Dave Heineman (R) on September 20, 2006, following the retirement of Chief Justice John V. Hendry.[1][2] He was retained by voters in 2010 and 2016. To read more about judicial selection in Nebraska, click here.

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country. As part of this study, we assigned each justice a Confidence Score describing our confidence in the degree of partisanship exhibited by the justices' past partisan behavior, before they joined the court.[3] Heavican received a confidence score of Strong Republican.[4] Click here to read more about this study.

Before his appointment to the state supreme court, Heavican was a county attorney in Lancaster County, Neb. and the U.S. Attorney for the District of Nebraska.[5]

Biography

Heavican was born in Columbus, Neb., on August 4, 1947.[6] He received a bachelor's and a law degree from the University of Nebraska in 1969 and 1974, respectively.[5]

Heavican began his legal career in 1975 as the deputy county attorney in Lancaster County before becoming the county attorney in 1981. He held that position until becoming an assistant U.S. Attorney for the District of Nebraska in 1991.[5] In 2001, U.S. President George W. Bush (R) appointed Heavican as U.S. Attorney for the District of Nebraska, a position he held until his appointment to the Nebraska Supreme Court in 2006.[7]

Elections

Nebraska Supreme Court (2006-2024)

See also: Nebraska Supreme Court Chief Justice Heavican vacancy (October 2024)

Heavican was appointed by Gov. Dave Heineman (R) on September 20, 2006, and assumed office on October 2, 2006, following the retirement of Chief Justice John V. Hendry.[1][2]

2022

See also:  Nebraska Supreme Court elections, 2022

Nebraska Supreme Court Chief Justice, Michael Heavican's seat

Michael Heavican was retained to Chief Justice of the Nebraska Supreme Court on November 8, 2022 with 71.3% of the vote.

Retention
 Vote
%
Votes
Yes
 
71.3
 
375,342
No
 
28.7
 
151,269
Total Votes
526,611

2016

See also: Nebraska Supreme Court elections, 2016

Heavican was retained by voters on November 8, 2016, receiving 73.4% of the vote.[8]

Nebraska Supreme Court
2016 general election results
Candidates Votes Percent
Michael Heavican Green check mark transparent.png 492,675 73.4%
Against retention 178,796 26.6%

2010

See also: Nebraska judicial elections, 2010

Heavican was retained by voters on November 2, 2010, receiving 69.6% of the vote.[9]

Nebraska Supreme Court
2010 general election results
Candidates Votes Percent
Michael Heavican Green check mark transparent.png 270,707 69.6%
Against retention 118,424 30.4%

Campaign themes

2022

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Michael Heavican did not complete Ballotpedia's 2022 Candidate Connection survey.

Analysis

Ballotpedia Courts: State Partisanship (2020)

See also: Ballotpedia Courts: State Partisanship and Ballotpedia Courts: Determiners and Dissenters

Last updated: June 15, 2020

In 2020, Ballotpedia published Ballotpedia Courts: State Partisanship, a study examining the partisan affiliation of all state supreme court justices in the country as of June 15, 2020.

The study presented Confidence Scores that represented our confidence in each justice's degree of partisan affiliation. This was not a measure of where a justice fell on an ideological spectrum, but rather a measure of how much confidence we had that a justice was or had been affiliated with a political party. The scores were based on seven factors, including but not limited to party registration.[10]

The five resulting categories of Confidence Scores were:

  • Strong Democrat
  • Mild Democrat
  • Indeterminate[11]
  • Mild Republican
  • Strong Republican

This justice's Confidence Score, as well as the factors contributing to that score, is presented below. The information below was current as of June 2020.

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Michael
Heavican

Nebraska

  • Partisan Confidence Score:
    Strong Republican
  • Judicial Selection Method:
    Assisted appointment through hybrid judicial nominating commission
  • Key Factors:
    • Was a registered Republican as of 2020
    • Donated over $2,000 to Republican candidates
    • Held political office as a Republican


Partisan Profile

Details:

Heavican was a registered Republican as of 2020. He donated over $9,082 to Republican candidates. From 2001 through 2006 he was a Republican U.S. Attorney for the District of Nebraska, appointed by U.S. President George W. Bush (R). He was appointed to the state supreme court by Gov. Dave Heineman (R) in 2006 when Nebraska was a Republican trifecta.

Other Scores:

In a 2012 study of campaign contributions, Heavican received a campaign finance score of 1.05, indicating a conservative ideological leaning.


Bonica and Woodruff campaign finance scores (2012)

See also: Bonica and Woodruff campaign finance scores of state supreme court justices, 2012

In October 2012, political science professors Adam Bonica and Michael Woodruff of Stanford University attempted to determine the partisan ideology of state supreme court justices. They created a scoring system in which a score above 0 indicated a more conservative-leaning ideology, while scores below 0 were more liberal.

Heavican received a campaign finance score of 1.05, indicating a conservative ideological leaning. This was more conservative than the average score of -0.18 that justices received in Nebraska.

The study was based on data from campaign contributions by the judges themselves, the partisan leaning of those who contributed to the judges' campaigns, or, in the absence of elections, the ideology of the appointing body (governor or legislature). This study was not a definitive label of a justice, but an academic summary of various relevant factors.[12]

State supreme court judicial selection in Nebraska

See also: Judicial selection in Nebraska

The seven justices on the Nebraska Supreme Court are selected through the assisted appointment method. The governor appoints each new justice from a list of at least two qualified nominees assembled by a judicial nominating commission.[13][14] There are separate judicial nominating commissions for each supreme court district, as well as the chief justiceship. Each commission is made up of nine members. Members of the Nebraska State Bar Association select four lawyers and the governor appoints four nonlawyers. The ninth member is a supreme court justice who serves as chairman but does not vote.[14][15]

Justices must run in a yes-no retention election during the first general election occurring after they have been on the court for three years. Subsequent terms last six years.[16]

Qualifications

To serve on the Nebraska Supreme Court, a person must:

  • be at least 30 years old;
  • be a U.S. citizen;
  • have practiced law in Nebraska for at least five years;
  • be a member of the state bar; and
  • be a resident of the judicial district for which they are being appointed.[17]

Chief justice

The chief justice of the supreme court is selected through the same assisted appointment method as other justices on the court and serves in that role for the duration of his or her time on the court.[18]

Vacancies

See also: How vacancies are filled in state supreme courts

When a vacancy occurs on the Nebraska Supreme Court, a judicial nominating commission submits the names of at least two qualified nominees to the governor, who appoints one to fill the vacancy. If the governor does not appoint one of the nominees within 60 days, the chief justice of the supreme court is authorized to select a new judge.[16]

The map below highlights how vacancies are filled in state supreme courts across the country.


See also


External links

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Footnotes

  1. 1.0 1.1 Lincoln Journal Star, "U.S. attorney Mike Heavican new Chief Justice," Sept. 20, 2006
  2. 2.0 2.1 Legal Talk Network, "Michael G. Heavican," accessed July 16, 2021
  3. We calculated confidence scores by collecting several data points such as party registration, donations, and previous political campaigns.
  4. The five possible confidence scores were: Strong Democrat, Mild Democrat, Indeterminate, Mild Republican, and Strong Republican.
  5. 5.0 5.1 5.2 State of Nebraska Judicial Branch, "Hon. Michael G. Heavican, Chief Justice," accessed July 16, 2021
  6. Court Listener, "Michael Heavican (Nebraska Supreme Court)," accessed July 16, 2021
  7. Columbus Telegram, "Distinguished alumni honored during commencement," May 19, 2014
  8. Nebraska Secretary of State, "Revised Official Report of the Board of State," accessed July 16, 2021
  9. Nebraska Secretary of State, "Official Report of the Board of State Canvassers of the State of Nebraska," accessed July 16, 2021
  10. The seven factors were party registration, donations made to partisan candidates, donations made to political parties, donations received from political parties or bodies with clear political affiliation, participation in political campaigns, the partisanship of the body responsible for appointing the justice, and state trifecta status when the justice joined the court.
  11. An Indeterminate score indicates that there is either not enough information about the justice’s partisan affiliations or that our research found conflicting partisan affiliations.
  12. Stanford University, "State Supreme Court Ideology and 'New Style' Judicial Campaigns," October 31, 2012
  13. National Center for State Courts, "Judicial Selection in the States: Nebraska⁠ | Overview," accessed August 16, 2021
  14. 14.0 14.1 National Center for State Courts, "Judicial Selection in the States: Nebraska⁠ | Judicial Nominating Commissions," accessed August 16, 2021
  15. Nebraska Legislature, "Nebraska State Constitution Article V-21," accessed August 16, 2021
  16. 16.0 16.1 State of Nebraska Judicial Branch, "Branch Overview," accessed August 16, 2021
  17. Nebraska Legislature, "Nebraska Revised Statute 24-202," accessed August 16, 2021
  18. National Center for State Courts, "Methods of Judicial Selection: Nebraska," accessed August 16, 2021