The North Dakota Supreme Court is the highest court of law in the state of North Dakota . The Court rules on questions of law in appeals from the state's district courts.
31-741: Each of the five justices is elected on a no-party ballot for a ten-year term, arranged so that one seat is contested every two years. The Chief Justice is elected from the Justices every five years (or upon vacancy) by vote of the Supreme Court justices and the District Court judges. The Supreme Court is empowered to constitute a Court of Appeals consisting of a three-member panel chosen from active and retired District Court judges, retired Supreme Court justices, and lawyers. The Court of Appeals only hears cases specifically assigned to it by
62-523: A Supreme Court district. If a position becomes vacant, the judicial nominating commission, made up of four lawyers and four non-lawyers, holds a hearing to select potential candidates. The commission then submits two names to the Nebraska Governor, who then determines the replacing judge. If the Governor does not follow through with this responsibility within 60 days of receiving the nominees,
93-506: A Supreme Court district; the chief justice is appointed (and retained) at-large. Unlike most other states, with the exception of North Dakota, the Nebraska Supreme Court requires a supermajority of five justices of the seven to rule unconstitutional a legislative provision (the 48 others states require a simple majority). The court consists of a chief justice and six associate justices . The six justices each represent
124-461: A female householder with no husband present, and 30.70% were non-families. 29.00% of all households were made up of individuals, and 14.80% had someone living alone who was 65 years of age or older. The average household size was 2.52 and the average family size was 3.10. The county population contained 29.10% under the age of 18, 6.40% from 18 to 24, 21.90% from 25 to 44, 25.70% from 45 to 64, and 16.80% who were 65 years of age or older. The median age
155-400: A new courthouse. In a heated election, Mitchell's site was chosen over Begelow's by a vote of 193 to 90, and the new courthouse led to the establishment of a surrounding town, named Bartlett (Mitchell's middle name), to serve as the seat of government. Cedar City collapsed shortly after the government offices there were abandoned. In 1886, a spur line of the C.B.& Q. railroad was built into
186-428: A state, to 1938 a total of thirty-seven judges sat on the Nebraska Supreme Court. The original total of a bench of fifteen was reduced to three. The three Supreme Court judges also served simultaneously as district court judges at the time of Nebraska's statehood. The Nebraska constitution was then amended in 1908 to include a bench of six associate justices and one chief justice. The chief justice position would be held by
217-479: A total of nine. Six of the nine commissioners would serve a one-year term and three would serve a two-year term. The commissioners sat in groups of three. This resulted in the creation of four appellate courts , the fourth being the Supreme Court. Select District Court justices were allowed to sit on cases heard by the Supreme Court under four stipulations found in Article V, Section 2 of the state's constitution. If
248-539: Is a county in the U.S. state of Nebraska . As of the 2020 United States Census , the population was 774. Its county seat is Bartlett . The county was formed in 1877 and organized in 1881. The county was named for Major Daniel H. Wheeler, longtime secretary of the Nebraska State Board of Agriculture. In the Nebraska license plate system , Wheeler County is represented by the prefix 84 (it had
279-523: Is a stub . You can help Misplaced Pages by expanding it . Nebraska Supreme Court The Nebraska Supreme Court is the highest court in the U.S. state of Nebraska . The court consists of a chief justice and six associate justices . Each justice is initially appointed by the governor of Nebraska ; using the Missouri Plan , each justice is then subject to a retention vote for additional six-year terms. The six associate justices each represent
310-464: Is due to disability. The Supreme Court of Nebraska is separated into six districts, with one Justice selected for each. Each justice faces a retention election from his or her district except for the Chief Justice, who faces a statewide retention election. The districts mostly follow county lines and are redrawn decennially after the census results are finalized. The 2021 redistricting produced
341-471: Is land and 0.4 square miles (1.0 km ) (0.07%) is water. Wheeler County was authorized in 1877. It was organized in 1881, following the establishment and rapid growth of the town of Cumminsville , in anticipation of a Union Pacific Railroad line through that town. Cedar City (now disbanded) was the site of the first seat of government for the county, which covered an area of 48 miles west to east and 25 miles north to south. On November 25, 1884, this area
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#1732776151313372-481: The age of majority . Thayer filed a quo warranto in the Nebraska Supreme Court. The court ruled that the father's citizenship did not apply to Boyd. The Nebraska Supreme Court restored Thayer to office. Boyd appealed after the ruling. The case progressed to the United States Supreme Court . The court ruled that Boyd was a citizen. Robert G. Simmons was the longest-serving chief justice in
403-508: The 84th-largest number of vehicles registered in the state when the license plate system was established in 1922). The terrain of Wheeler County consists of low rolling hills, sloping to the east. A local drainage, Beaver Creek, flows to the SE and east through the upper part of the county, exiting near the midpoint of the county's east boundary line. The county has an area of 576 square miles (1,490 km ), of which 575 square miles (1,490 km )
434-740: The Associate Justices and Chief Justice earn $ 171,975 annually. National Center for the State Courts, Salary Comparisons, Nebraska Nebraska's original Supreme Court, referred to as the Territorial Supreme Court, was established following the Kansas–Nebraska Act in May 1854. Fifteen male judges comprised the bench of the Territorial Supreme Court. During the seventy-one years between 1867, when Nebraska became
465-633: The Supreme Court, which is done only infrequently. Under Article 6, Section 4 of the North Dakota Constitution, the North Dakota Supreme Court "shall not declare a legislative enactment unconstitutional unless at least four of the members of the court so decide." North Dakota and Nebraska are the only two states that require a supermajority of state Supreme Court justices to rule a legislative provision unconstitutional. This North Dakota –related article
496-602: The county court sitting as a juvenile court, may be appealed directly to the Nebraska Court of Appeals. Decisions of the district court, juvenile courts, and workers' compensation court are appealable to the Court of Appeals. Decisions of the Court of Appeals are subject to further review by the Supreme Court. 40°48′29″N 96°41′59″W / 40.808090°N 96.699587°W / 40.808090; -96.699587 Wheeler County, Nebraska Wheeler County
527-415: The county, ending at a point where the town of Ericson was established. In 1895, while attempting to construct a ditchway to irrigate farm land between Ericson and Spalding , a dam was built across Clear Creek. Though the ditch construction was ultimately not successful, the dam created present-day Pibel Lake. Wheeler County's population began to wane after the turn of the 20th century, but in 1904, with
558-434: The court was sitting in two separate five judge divisions, if the constitutionality of a statute was in question, an appeal case of a convicted homicide, and lastly when a decision by a division of the Nebraska Supreme Court was under review. ) In 1977 a general guideline pertaining to the format of a court report was drafted and released to the court's reporters. This guideline would assure that all reports were structured in
589-468: The enactment of the Kinkaid Act , a new round of settlers reinvigorated the population. As of the 2000 United States Census , there were 886 people, 352 households, and 243 families in the county. The population density was 1.5 people per square mile (0.58 people/km ). There were 561 housing units at an average density of 1 units per square mile (0.39/km ). The racial makeup of the county
620-1351: The following districts: District 1 consists of Lancaster County . District 2 consists of a part of Douglas County . District 3 consists of Antelope , Boone , Boyd , Burt , Cedar , Cuming , Dakota , Dixon , Dodge , Holt , Knox , Madison , Pierce , Stanton , Thurston , Washington , Wayne , and Wheeler counties as well as parts of Douglas and Sarpy counties. District 4 consists of parts of Douglas and Sarpy counties. District 5 consists of Butler , Cass , Clay , Colfax , Fillmore , Gage , Hall , Hamilton , Jefferson , Johnson , Merrick , Nance , Nemaha , Nuckolls , Otoe , Pawnee , Platte , Polk , Richardson , Saline , Saunders , Seward , Thayer , Webster , and York counties. District 6 consists of Adams , Arthur , Banner , Blaine , Box Butte , Brown , Buffalo , Chase , Cherry , Cheyenne , Custer , Dawes , Dawson , Deuel , Dundy , Franklin , Frontier , Furnas , Garden , Garfield , Greeley , Gosper , Grant , Harlan , Hayes , Hitchcock , Hooker , Howard , Kearney , Keith , Keya Paha , Kimball , Lincoln , Logan , Loup , McPherson , Morrill , Perkins , Phelps , Red Willow , Rock , Scotts Bluff , Sheridan , Sherman , Sioux , Thomas , and Valley counties. Current members of Nebraska Supreme Court are: As of January 2017,
651-547: The history of the Nebraska Supreme Court as of 2024. Chief Justice Simmons was born in Scotts Bluff County, Nebraska in 1891. He attended Hastings college and the University of Nebraska's College of Law. His early career paths included Scotts Bluff County Attorney, a lieutenant in the army, and was elected to congress as a Republican. On November 8, 1938 Simmons defeated former attorney general C.A. Sorenson and
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#1732776151313682-415: The justice with the least amount of time remaining in his term. The judges were originally chosen by partisan election. In 1908 this was later amended to a nonpartisan election . Currently the Nebraska Supreme Court justices are elected by way of a modified Missouri Plan . In the Nebraska Supreme Court's early years there were no regulations as to what cases could be appealed and heard by the court. Due to
713-643: The lack of regulations the Supreme Court's docket became overloaded. As a solution the Nebraska Supreme Court was allowed to elect commissioners to assist with the workload. Originally three commissioners were elected, one from the Democratic Party, one from the Republican Party, and the last a member of the Populist Party. The three commissioners would serve a term of three years. In 1901 the commissioners numbers increased from three to
744-413: The legitimacy of a murder charge in regard to an unborn child. The court unanimously ruled that a child who is still within the womb of the mother has no claim to life. Chief Justice Simmons retired on January 2, 1963 after serving on the bench for slightly over twenty five years. Decisions of the county court can be appealed to the district court, although some cases, such as probate cases and decisions of
775-438: The responsibility then goes to Chief Justice of the state Supreme Court. To retain the office, a judge must run in a retention election after serving three years. Additionally, the judge must run every six years to retain his seat. If the judge receives less than 50% of the affirmative vote, the judge is not retained. Nebraska judges do not have a mandatory retirement age, but they are granted retirement at age 65 or earlier, if it
806-499: The same manner. Even with the efforts to increase the time efficiency of the Supreme Court the docket remained over filled. It was proposed to increase the existing bench of seven judges to a bench of nine. The amendment was opposed but revisited later in 1977. It was in this year that the Supreme Court Judges received a salary of 39,750 dollars, an increase from previous years. The case Boyd v. Nebraska ex Rel. Thayer
837-416: Was 40 years. For every 100 females there were 96.00 males. For every 100 females age 18 and over, there were 100.00 males. The median income for a household in the county was $ 26,771, and the median income for a family was $ 33,750. Males had a median income of $ 21,563 versus $ 17,083 for females. The per capita income for the county was $ 14,355. About 15.40% of families and 20.90% of the population were below
868-425: Was 99.10% White , 0.23% Native American , 0.56% from other races , and 0.11% from two or more races. 0.56% of the population were Hispanic or Latino of any race. 47.4% were of German , 9.4% Irish , 7.8% English , 7.2% Swedish and 7.0% American ancestry . There were 352 households, out of which 31.80% had children under the age of 18 living with them, 62.80% were married couples living together, 3.10% had
899-512: Was elected Chief Justice of the Nebraska Supreme Court. The Simmons era heard several cases involving capital punishment. The court issued death warrants for four murders. The four death sentence's method was the electric chair. One of the four executions in the Simmons Era was Charles Starkweather . In 1951 the Simmon's court heard the case of Drabbels v. Skelly Oil Co. This case addressed
930-640: Was halved, with the western portion becoming Garfield County , leaving the remainder as Wheeler County with its present boundaries. The county's government was overseen by three commissioners, two from two districts in the more heavily populated southern half of the county, the third from the North. In 1885, the government was deemed to be outgrowing its small courthouse in Cedar City and two men, Cumminsville school superintendent Begelow and Ezra Bartlett Mitchell offered land options outside of Cedar City to build
961-550: Was heard by the Supreme Court in 1891. The case was the result of a Gubernatorial Election in which Omaha Democrat James Boyd claimed victory. There were accusations by the Populist party regarding fraudulent votes in the favor of Boyd. John M. Thayer , the existing governor of the state, refused to give up his office. Thayer questioned the legitimacy of Boyd's citizenship claiming he was not eligible for office. Boyd's father, an immigrant, obtained citizenship after his son reached