Nebraska Constitution Article V (Judicial)
Here’s a summary of Article V — Judicial Department of the Nebraska Constitution:
Nebraska Constitution – Article V: Judicial Department
Purpose:
Article V establishes the structure, powers, and organization of Nebraska’s judicial branch.
Key Provisions:
Section 1 – Judicial Power
Judicial power is vested in the Supreme Court, District Courts, County Courts, and other courts established by law.
The courts shall have jurisdiction over all cases in law and equity.
Section 2 – Supreme Court
Nebraska’s highest court is the Supreme Court, which has:
Final appellate jurisdiction.
Supervisory control over all inferior courts.
Authority to establish rules for practice and procedure.
Section 3 – Judges
Judges of all courts are chosen by nonpartisan election.
The Supreme Court consists of a Chief Justice and other justices, appointed or elected as provided by law.
Terms and qualifications for judges are specified.
Section 4 – Judicial Qualifications
Judges must be qualified electors of Nebraska and have practiced law for a specified minimum time.
Section 5 – Terms of Office
Terms of judges vary by court but are typically set at six years.
Judges can be re-elected or retained according to law.
Section 6 – Judicial Conduct and Removal
Judges may be removed from office by impeachment or through judicial conduct commissions for misconduct or disability.
Section 7 – Appointment of Judges to Fill Vacancies
When a judicial vacancy occurs, the Governor may appoint a replacement subject to confirmation or election.
Section 8 – Other Courts
The Legislature may establish other courts as necessary, but no court shall have power to exercise legislative or executive functions.
Summary:
Article V provides for an independent judicial branch with a structured hierarchy headed by the Supreme Court, establishes the election and qualifications of judges, and sets standards for judicial conduct and removal.
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