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 a Supreme Court district; the chief justice is appointed (and retained) at-large.
35-477: 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 a Supreme Court district. If a position becomes vacant,
70-455: A household in the county was $ 29,268, and the median income for a family was $ 36,500. Males had a median income of $ 23,705 versus $ 17,277 for females. The per capita income for the county was $ 15,943. About 9.60% of families and 12.30% of the population were below the poverty line , including 13.40% of those under age 18 and 14.20% of those age 65 or over. Cherry County residents observe two time zones, Central and Mountain. The eastern third of
105-1255: 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,
140-428: 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
175-542: 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
210-740: Is in Nebraska's Sandhills region; the dunes that give the region its name are a result of the most recent glacial period, the Pinedale glaciation . During the Holocene glacial retreat , the dunes, which had been deposited by the vast continental glaciers, were exposed, and grasses eventually took over. Nebraska's largest county by area, Cherry County borders 11 counties, more than any other county in Nebraska. Seven of them are in Nebraska and four in South Dakota. The adjacent counties are: As of
245-543: Is in the Nebraska Sandhills . It is the state's largest county, at nearly 6,000 square miles (16,000 km ), larger than the state of Connecticut . In the Nebraska license plate system , Cherry County is represented by the prefix 66 (it had the 66th-most vehicles registered in the state when the system was established in 1922). Cherry County lies on the north side of Nebraska. Its north boundary line abuts
280-504: 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 the following districts: District 1 consists of Lancaster County . District 2 consists of
315-596: Is the presiding member of a supreme court in many countries with a justice system based on English common law , such as the High Court of Australia , the Supreme Court of Canada , the Supreme Court of Ghana , the Hong Kong Court of Final Appeal , the Supreme Court of India , the Supreme Court of Ireland , the Supreme Court of Japan , the Supreme Court of Nepal , the Supreme Court of New Zealand ,
350-665: Is unable to perform the duties of the office, the Chief Justice of Canada performs the duties of the governor general. In India, in the event the President and the Vice- President are unable to discharge the functions due to death, resignation or removal, the Chief Justice of India acts as Officiating President of India. Apart from their intrinsic role in litigation, they may have additional responsibilities, such as swearing in high officers of state; for instance,
385-509: The 2000 United States Census , there were 6,148 people, 2,508 households, and 1,710 families in the county. The population density was 1.02 people per square mile (0.39 people/km ). There were 3,220 housing units at an average density of 0 units per square mile (0/km ). The racial makeup of the county was 94.19% White , 0.07% Black or African American , 3.25% Native American , 0.42% Asian , 0.02% Pacific Islander , 0.33% from other races , and 1.72% from two or more races. 0.93% of
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#1732773285694420-467: The Chief Justice of the United States traditionally administers the oath of office at the inauguration ceremony of the President of the United States , as does the Chief Justice of South Africa at the inauguration of the President of South Africa . In some countries, such as the United States, the chief justice is also responsible for presiding over certain legislative matters, such as during
455-717: The Supreme Court of Nigeria , the Supreme Court of Pakistan , the Supreme Court of the Philippines , the Supreme Court of Singapore , the Supreme Court of the United States , and provincial or state supreme courts/high courts. The situation is slightly different in the three legal jurisdictions within the United Kingdom . The courts of England and Wales are headed by the Lord Chief Justice of England and Wales ; in Northern Ireland's courts ,
490-480: 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
525-464: The impeachment trial of a president . Cherry County, Nebraska Cherry County is a county in the U.S. state of Nebraska . As of the 2020 United States Census , the population was 5,455. Its county seat is Valentine . The county was named for Lt. Samuel A. Cherry , an Army officer who was stationed at Fort Niobrara and was killed in South Dakota in 1881. Cherry County
560-740: 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
595-598: The Supreme Court of the United Kingdom . The chief justice can be selected in many ways, but, in many nations, the position is given to the most senior justice of the court, while, in the United States, the chief justice is appointed by the President, subject to approval by the United States Senate . Although the title of this top American jurist is, by statute, Chief Justice of the United States ,
630-529: The US state of West Virginia ). The chief justice's personal ruling is equal in weight to the rulings of any associate judges on the court. In several countries, the chief justice is second in line to the office of president or governor general (or third in line, if there is a vice president or lieutenant governor general), should the incumbent die or resign. For example, if the Governor General of Canada
665-591: 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 Chief justice The chief justice
700-554: The county, including county seat Valentine , is in the Central Time Zone, while the western two thirds, including Merriman , are in the Mountain Time Zone. Cherry County voters are reliably Republican . The county has not voted for a Democrat in a presidential election since Franklin D. Roosevelt 's 1936 landslide , and even then, the county was decided by less than four points. Republicans have carried
735-433: 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
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#1732773285694770-472: The equivalent position is the Lord Chief Justice of Northern Ireland , and in the courts of Scotland the head of the judiciary of Scotland is the Lord President of the Court of Session , who is also Lord Justice General of Scotland . These three judges are not, though, part of the Supreme Court of the United Kingdom , which operates across all three jurisdictions and is headed by the President of
805-546: 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
840-552: 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, the responsibility then goes to Chief Justice of the state Supreme Court. To retain
875-414: 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
910-643: 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
945-413: 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
980-407: 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 is due to disability. The Supreme Court of Nebraska
1015-469: The population were Hispanic or Latino of any race. 38.5% were of German , 12.6% English , 11.1% Irish and 7.3% American ancestry . There were 2,508 households, out of which 31.70% had children under the age of 18 living with them, 57.90% were married couples living together, 6.90% had a female householder with no husband present, and 31.80% were non-families. 28.90% of all households were made up of individuals, and 12.70% had someone living alone who
1050-498: 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
1085-481: The south boundary line of South Dakota . According to the US Census Bureau , the county has an area of 6,009 square miles (15,560 km ), of which 5,960 square miles (15,400 km ) is land and 49 square miles (130 km ) (0.8%) is water. It is by far Nebraska's largest county in land area and larger than the state of Connecticut , or the states of Delaware and Rhode Island combined. The county
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1120-506: The term "Chief Justice of the Supreme Court" is often used unofficially. In some courts, the chief justice has a different title, e.g. President of the supreme court. In other courts, the title of chief justice is used, but the court has a different name, e.g. the Supreme Court of Judicature in colonial (British) Ceylon , the Constitutional Court of South Africa , and the Supreme Court of Appeals of West Virginia (in
1155-438: Was 65 years of age or older. The average household size was 2.42 and the average family size was 2.98. The county population contained 27.00% under the age of 18, 6.20% from 18 to 24, 25.50% from 25 to 44, 24.00% from 45 to 64, and 17.30% who were 65 years of age or older. The median age was 39 years. For every 100 females there were 98.80 males. For every 100 females age 18 and over, there were 93.60 males. The median income for
1190-512: 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
1225-550: 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
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