| Nebraska Court of Appeals | |
|---|---|
 State Seal of Nebraska | |
| Established | 1991 |
| Jurisdiction | Nebraska |
| Location | Lincoln, Nebraska |
| Composition method | Missouri Plan |
| Authorised by | Nebraska Constitution |
| Appeals to | Nebraska Supreme Court |
| Number of positions | 6 |
| Website | Official Website |
| Chief Judge | |
| Currently | Francie C. Riedmann[1] |
| Since | September 13, 2024 |
| Lead position ends | September 13, 2026 |
TheNebraska Court of Appeals is the intermediate court of appeals in the U.S. state ofNebraska. Following the passage of a constitutional amendment in 1990, theNebraska Legislature established the court in 1991. GovernorBen Nelson appointed the first five judges, whose terms began in 1992.
In 1989, following a large backlog of cases at theNebraska 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 JusticeWilliam 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 SenatorErnie 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 GovernorCharles Thone, a Republican, and former Lincoln MayorHelen 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 GovernorBen 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 includedLindsey Miller-Lerman, who became the highest-ranking female judge in state history.[11] The judges took office on February 1, 1992.[12]
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 theGovernor of Nebraska, who appoints one.[14] After selection, the judge serves for three years and then faces a nonpartisanretention 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]
| 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 |
State intermediate appellate courts in the United States | ||
|---|---|---|
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The states ofDelaware,Maine,Montana,New Hampshire,North Dakota,Rhode Island,South Dakota,Vermont, andWyoming do not have intermediate appellate courts. Nor do the equivalent court systems ofAmerican Samoa, theDistrict of Columbia,Guam, theNorthern Mariana Islands, or theU.S. Virgin Islands | ||