Nebraska Supreme Court Chief Justice Heavican vacancy (October 2024)
| Nebraska Supreme Court |
|---|
 |
| Heavican vacancy |
| Date: October 31, 2024 |
| Status: Seat filled |
| Nomination |
| Nominee: Jeffrey Funke |
| Date: October 25, 2024 |
Governor Jim Pillen (R) appointed associate justice Jeffrey Funke to the Nebraska Supreme Court. Funke replaced Chief Justice Michael Heavican, who retired on October 31, 2024. Funke is Gov. Pillen's first appointment to the seven-member supreme court.
In Nebraska, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
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.[1]
Ballotpedia has compiled the following resources on the process to fill the Nebraska Supreme Court vacancy:
- An overview of the appointee.
- A list of finalists recommended to the governor.
- A list of candidates who applied to the vacancy.
- An overview of the selection process.
- An overview of the court following the vacancy.
- An overview of the justice who left office.
- A list of other state supreme court appointments in 2024.
The appointee
- See also: Jeffrey Funke
Governor Jim Pillen appointed associate justice Jeffrey Funke to the chief justiceship of the Nebraska Supreme Court on October 25, 2024.[2] Funke's appointment did not need to be confirmed before he took office.
Funke was born on April 27, 1969, in Nebraska City, Neb.[3] He received a bachelor's degree and a law degree from the University of Nebraska in Lincoln in 1991 and 1994, respectively.[3]
Funke was an attorney in private practice from 1994 to 2007. During the same time, he was a deputy public defender (1994-1997), deputy county attorney (1997-2005), and county attorney (2005-2007) in Otoe County, Neb.[4]
In 2007, Gov. Dave Heineman (R) appointed Funke to the County Court of the Second Judicial District covering Cass, Otoe, and Sarpy Counties. In 2013, Heineman appointed Funke to Nebraska's Second District Court, where he served until he was appointed to the Nebraska Supreme Court by Gov. Pete Ricketts (R) in 2016.[5][6]
Appointee candidates and nominations
Finalists
On October 4, 2024, the Nebraska Supreme Court Judicial Nominating Commission for the position of Chief Justice released a list of finalists to succeed Chief Justice Heavican. All candidates that had applied to the position were advanced to the final list sent to Governor Jim Pillen (R).[7]
Applicants
On September 13, 2024, the Nebraska Supreme Court released a list of four candidates that applied to succeed Heavican. The applicants were:[8]
- 1st Judicial District Court judge David Bargen
- 2nd Judicial District Court judge PaTricia Freeman
- Nebraska Supreme Court Associate Justice Jeffrey Funke
- 3rd Judicial District Court judge Ryan Post
The selection process
- See also: Judicial selection in Nebraska
In Nebraska, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
Makeup of the court
- See also: Nebraska Supreme Court
Justices
Following Heavican's retirement, the Nebraska Supreme Court included the following members:
| ■ Stephanie Stacy | Appointed by Gov. Pete Ricketts (R) in 2015, and retained in 2018 | |
| ■ Lindsey Miller-Lerman | Appointed by Gov. Ben Nelson (D) in 1998, and retained since | |
| ■ William Cassel | Appointed by Gov. Dave Heineman (R) in 2012, and retained since | |
| ■ Jonathan Papik | Appointed by Gov. Pete Ricketts (R) in 2018, and retained in 2022 | |
| ■ Jeffrey Funke | Appointed by Gov. Pete Ricketts (R) in 2016, and retained in 2020 | |
| ■ John Freudenberg | Appointed by Gov. Pete Ricketts (R) in 2018, and retained in 2022 |
About the court
| Nebraska Supreme Court |
|---|
|
| Court Information |
| Justices: 7 |
| Founded: 1866 |
| Location: Lincoln, Nebraska |
| Salary |
| Associates: $225,055[9] |
| Judicial Selection |
| Method: Assisted appointment (Hybrid) |
| Term: 6 years |
| Active justices |
| William Cassel, John Freudenberg, Jeffrey Funke, Lindsey Miller-Lerman, Jonathan Papik, Stephanie Stacy |
Founded in 1866, the Nebraska Supreme Court is the state's court of last resort and has seven judgeships. The current chief of the court is Jeffrey Funke.
As of August 2021, six judges on the court were appointed by a Republican governor, and one judge was appointed by a Democratic governor.
The Nebraska Supreme Court meets in the state capitol building in Lincoln, Nebraska.[10]
In Nebraska, state supreme court justices are selected through assisted appointment with a hybrid judicial nominating commission. Justices are appointed by the governor with the assistance of a commission who has no majority of members selected either by the governor or the state Bar Association. There are 10 states that use this selection method. To read more about the assisted appointment of judges, click here.
About Chief Justice Heavican
- See also: Michael Heavican
Heavican was born in Columbus, Neb., on August 4, 1947.[11] He received a bachelor's and a law degree from the University of Nebraska in 1969 and 1974, respectively.[4]
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.[4] 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.[12]
Other state supreme court appointments in 2024
- See also: State supreme court vacancies, 2024
The following table lists vacancies on state supreme courts that opened in 2024. Click the link under the Court column for a particular vacancy for more information on that vacancy.
Click here for vacancies that opened in 2023.
See also
External links
Footnotes
- ↑ State of Nebraska Judicial Branch, "Branch Overview," accessed August 16, 2021
- ↑ KETV 7, "Gov. Jim Pillen names appointment for Chief Justice of the Nebraska Supreme Court," October 25, 2024
- ↑ 3.0 3.1 Nebraska State Legislature, "2020-2021 Bluebook," accessed July 22, 2021
- ↑ 4.0 4.1 4.2 Cite error: Invalid
<ref>tag; no text was provided for refs namedbio - ↑ Cite error: Invalid
<ref>tag; no text was provided for refs namedSSC - ↑ Governor Dave Heineman, "Gov. Heineman Names Jeffrey J. Funke to District Court 2nd Judicial District," July 31, 2013
- ↑ News From The States, "Nominating commission forwards chief justice applicants to Nebraska Gov. Jim Pillen," October 4, 2024
- ↑ Note: Candidates are listed in alphabetical order by last name.
- ↑ The salary of the chief justice may be higher than an associate justice.
- ↑ State of Nebraska Judicial Branch, "Supreme Court," accessed August 18, 2021
- ↑ Court Listener, "Michael Heavican (Nebraska Supreme Court)," accessed July 16, 2021
- ↑ Columbus Telegram, "Distinguished alumni honored during commencement," May 19, 2014
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Federal courts:
Eighth Circuit Court of Appeals • U.S. District Court: District of Nebraska • U.S. Bankruptcy Court: District of Nebraska
State courts:
Nebraska Supreme Court • Nebraska Court of Appeals • Nebraska District Courts • Nebraska County Courts • Nebraska Separate Juvenile Courts • Nebraska Workers' Compensation Court • Nebraska Problem-Solving Courts
State resources:
Courts in Nebraska • Nebraska judicial elections • Judicial selection in Nebraska
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