History
In 1989, following a large backlog of cases at the Nebraska Supreme Court, the Legislature began considering the creation of a court of appeals. The Legislature created a temporary court of appeals in 1989, which was made up of three-judge panels of retired judges and district court judges convened by the Supreme Court. The temporary court of appeals expired on December 31, 1990. [2] In the 1990 legislative session, Chief Justice William C. Hastings advocated for the creation of the court, arguing that it was necessary to reduce the court's backlog. [3] Over the opposition of State Senator Ernie Chambers, who argued that the creation of a court of appeals would limit litigants' rights to be heard by the Supreme Court, the Legislature proposed a constitutional amendment allowing the creation of a Court of Appeals. [4] A bipartisan steering committee, "Citizens for Amendment 2," organized to support the measure's passage, and was headed by former Governor Charles Thone, a Republican, and former Lincoln Mayor Helen Boosalis, a Democrat. [5] Voters ultimately approved the measure with 67 percent of the vote. [6]
Following the passage of Amendment 2, the Legislature moved to establish the court. Senator Doug Kristensen proposed the creation of a nine-member court, which would have appellate jurisdiction over all cases, with the exception of criminal cases in which the death penalty or a life sentence were imposed, and decisions involving the constitutionality of laws. [7] The size of the court was reduced to six judges as a cost-saving measure, [8] and the bill was sent to Governor Ben Nelson, [9] who signed the bill into law. [10]
On December 11, 1991, Governor Nelson announced the appointment of the first six judges on the court, which included Lindsey Miller-Lerman, who became the highest-ranking female judge in state history. [11] The judges took office on February 1, 1992. [12]
Membership
Six judges serve on the Court of Appeals, with one selected from each of the Supreme Court districts. [13] When a judicial vacancy occurs, the judicial nominating commission for the district screens nominees, and submits a slate of candidates to the Governor of Nebraska, who appoints one. [14] After selection, the judge serves for three years and then faces a nonpartisan retention election. Upon approval at the retention election, the judge serves a six-year term. [15] No judge on the Court of Appeals has ever lost a retention election.
The Court hears cases in three-judge panels. It nominates its own Chief Judge, a decision that is then ratified by the Supreme Court, who is responsible for "assign[ing] and rotat[ing]" the three-judge panels "in such a manner as to provide each judge the opportunity to serve a proportionate amount of time with every other judge on the court." [13]
Current members of the Nebraska Court of Appeals [16] | District | Judge | Took office | Appointed by | Law school | Retained |
|---|
| 1 | Riko E. Bishop | August 20, 2013 | Dave Heineman (R) | Nebraska | 2016, 2022 |
| 2 | Michael W. Pirtle | July 6, 2011 | Dave Heineman (R) | Nebraska | 2014, 2020 |
| 3 | Francie C. Riedmann, Chief Judge | August 9, 2012 | Dave Heineman (R) | Creighton | 2016, 2022 |
| 4 | David Arterburn | January 17, 2017 | Pete Ricketts (R) | Nebraska | 2020 |
| 5 | Lawrence E. Welch Jr. | March 28, 2018 | Pete Ricketts (R) | Creighton | 2022 |
| 6 | Frankie J. Moore | January 28, 2000 | Mike Johanns (R) | Nebraska | 2004, 2010, 2016, 2022 |
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