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By Mark Young
The North Platte Telegraph
The non-profit organization Help Abolish Legal Tyranny has recently concluded what they term "the first" national study into individual states' judicial accountability systems.
In its conclusion, H.A.L.T. gave Nebraska a "C" grade, finding both good and not-so-good things to say in how the state holds its state and federal judges accountable to the general public. While a "C" could be considered average, H.A.L.T. reported that the highest grade level distributed was a "B" and only five states achieved a score that high.
Nebraska falls in line with more than half the states graded, but is ranked 13th best overall. H.A.L.T. praised Nebraska for its handling of disciplinary actions against judges in an open forum, according to H.A.L.T. Senior Counsel Suzanne Blonder.
"Nebraska's exclusive application of formal, public discipline adds teeth to its system for removing dishonorable members of the judiciary, and it also provides the public with needed information about judges' misconduct," said Blonder.
H.A.L.T.'s study concluded that Nebraska is just one of nine states that defy the typical private sanctions imposed by most states that conduct disciplinary proceedings in a behind-closed-door setting.
"While many jurisdictions forbid complainants from disclosing a judge's misconduct, Nebraska allows its citizens to speak freely about their grievances against members of the judiciary," said Blonder.
H.A.L.T. criticized Nebraska, however, for falling short in other areas, to include the state's lack of layperson representation on the Commission for Judicial Qualifications. Currently, there are four judges, three attorneys and three members of the general public who make up the commission. Not enough for H.A.L.T.
"Stacking the commission with judges and lawyers creates, at a minimum, the appearance of impropriety," said Blonder.
Blonder acknowledged that the term layperson should not be misconstrued and said she would hope that every member of the commission, including both laypersons and members of the legal profession, would receive the proper training.
"Right now, Nebraska has three members of the public who are appointed by the governor," she said. "I would hope those members are being trained just as the others should be trained to provide the ability to look at situations impartially."
Blonder said if members of the public can be qualified to sit on a jury in multi-million dollar corporate lawsuits and criminal cases, then they should be qualified to sit on the commission, as well.
"Without allowing the layperson to have the majority of the voice on the commission, it gives the appearance of impropriety even if the commission is open and impartial," she said.
Nebraska was graded in seven categories overall.
- Transparency: C
- Availability of Meaningful Sanctions: A-
- Consumer Friendliness: A
- Online Outreach: C
- Public Participation: D
- Financial Disclosure: D
- Gift Restrictions: F
Nebraska scored well for its openness, but it's lack of public participation on the commission, as well as omitting information in regards to a judge's board affiliations and economic interests of their spouses and dependents when judges file their reports to disclose their financial information led to lower scores.
The "F" Nebraska received for Gift Restrictions was a common grade throughout the United States, according to Blonder who said more rules were needed to be in place to limit the amount and better define gifts given to judges.
"In the case of Nebraska, judges are only allowed to accept a reasonable amount, but what is a reasonable amount? We would like to see the Nebraska Legislature legislate better guidelines in establishing a cap on what judges can accept," said Blonder. "There need to be rules in place because a lot of these judges are sent on these trips that are supposed to be educational training, but are really sponsored by lobbyists who set them up in five-star hotels and send them to five-star restaurants."
Blonder said a lot of these trips are designed to influence a judge's decision and that they should certainly be defined as gifts and not educational training seminars.
Only two states, Maine and Mississippi flunked outright and 14 other states received a "D" grade.
Calls to Nebraska Supreme Court Chief Justice Michael G. Heavican went unreturned as of press time. Heavican is the chairman and a permanent member of the Judicial Qualifications Commission.
© 2008 The North Platte Telegraph
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