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NEBRASKA
Constitution of
the State of Nebraska
Article I:
Statement of rights.
CI-1 All persons are by nature free and independent,
and have certain inherent and inalienable rights; among these are
life, liberty, the pursuit of happiness, and the right to keep
and bear arms for security or defense of self, family, home, and
others, and for lawful common defense, hunting, recreational use,
and all other lawful purposes, and such rights shall not be
denied or infringed by the state or any subdivision thereof. To
secure these rights, and the protection of property, governments
are instituted among people, deriving their just powers from the
consent of the governed.
Slavery prohibited.
CI-2 There shall be neither slavery nor involuntary
servitude in this state, otherwise than for punishment of crime,
whereof the party shall have been duly convicted.
Due process of law.
CI-3 No person shall be deprived of life, liberty, or
property, without due process of law.
Religious freedom.
CI-4 All persons have a natural and indefeasible right
to worship Almighty God according to the dictates of their own
consciences. No person shall be compelled to attend, erect or
support any place of worship against his consent, and no
preference shall be given by law to any religious society, nor
shall any interference with the rights of conscience be
permitted. No religious test shall be required as a
qualification for office, nor shall any person be incompetent to
be a witness on account of his religious beliefs; but nothing
herein shall be construed to dispense with oaths and
affirmations. Religion, morality, and knowledge, however, being
essential to good government, it shall be the duty of the
Legislature to pass suitable laws to protect every religious
denomination in the peaceable enjoyment of its own mode of public
worship, and to encourage schools and the means of instruction.
Freedom of speech and press.
CI-5 Every person may freely speak, write and publish
on all subjects, being responsible for the abuse of that liberty;
and in all trials for libel, both civil and criminal, the truth
when published with good motives, and for justifiable ends, shall
be a sufficient defense.
Trial by jury.
CI-6 The right of trial by jury shall remain inviolate,
but the Legislature may authorize trial by a jury of a less
number than twelve in courts inferior to the District Court, and
may by general law authorize a verdict in civil cases in any
court by not less than five-sixths of the jury.
Search and seizure.
CI-7 The right of the people to be secure in their
persons, houses, papers, and effects against unreasonable
searches and seizures shall not be violated; and no warrant shall
issue but upon probable cause, supported by oath or affirmation,
and particularly describing the place to be searched, and the
person or thing to be seized.
Habeas corpus.
CI-8 The privilege of the writ of habeas corpus shall
not be suspended, unless, in case of rebellion or invasion, the
public safety requires it, and then only in such manner as shall
be prescribed by law.
Bail; fines; imprisonment; cruel and unusual punishment.
CI-9 All persons shall be bailable by sufficient
sureties, except for treason, sexual offenses involving
penetration by force or against the will of the victim, and
murder, where the proof is evident or the presumption great.
Excessive bail shall not be required, nor excessive fines
imposed, nor cruel and unusual punishment inflicted.
Presentment or indictment by grand jury; information.
CI-10 No person shall be held to answer for a criminal
offense, except in cases in which the punishment is by fine, or
imprisonment otherwise than in the penitentiary, in case of
impeachment, and in cases arising in the army and navy, or in the
militia when in actual service in time of war or public danger,
unless on a presentment or indictment of a grand jury; PROVIDED,
That the Legislature may by law provide for holding persons to
answer for criminal offenses on information of a public
prosecutor; and may by law, abolish, limit, change, amend, or
otherwise regulate the grand jury system.
Rights of Accused.
CI-11 In all criminal prosecutions the accused shall
have the right to appear and defend in person or by counsel, to
demand the nature and cause of accusation, and to have a copy
thereof; to meet the witnesses against him face to face; to have
process to compel the attendance of witnesses in his behalf; and
a speedy public trial by an impartial jury of the county or
district in which the offense is alleged to have been committed.
Evidence against self; double jeopardy.
CI-12 No person shall be compelled, in any criminal
case, to give evidence against himself, or be twice put in
jeopardy for the same offense.
Justice administered without delay; Legislature; authorization to
enforce mediation and arbitration.
CI-13. All courts shall be open, and every person, for
any injury done him or her in his or her lands, goods, person, or
reputation, shall have a remedy by due course of law and justice
administered without denial or delay, except that the Legislature
may provide for the enforcement of mediation, binding arbitration
agreements, and other forms of dispute resolution which are
entered into voluntarily and which are not revocable other than
upon such grounds as exist at law or in equity for the revocation
of any contract.
Treason.
CI-14 Treason against the state shall consist only in
levying war against the state, or in adhering to its enemies,
giving them aid and comfort. No person shall be convicted of
treason unless on the testimony of two witnesses to the same
overt act, or on confession in open court.
Penalties; corruption of blood; transporting out of state
prohibited.
CI-15 All penalties shall be proportioned to the nature
of the offense, and no conviction shall work corruption of blood
or forfeiture of estate; nor shall any person be transported out
of the state for any offense committed within the state.
Bill of attainder; retroactive laws; contracts; special
privileges.
CI-16 No bill of attainder, ex post facto law, or law
impairing the obligation of contracts, or making any irrevocable
grant of special privileges or immunities shall be passed.
Military subordinate.
CI-17 The military shall be in strict subordination to
the civil power.
Soldiers quarters.
CI-18 No soldier shall in time of peace be quartered in
any house without the consent of the owner; nor in time of war
except in the manner prescribed by law.
Right of peaceable assembly and to petition government.
CI-19 The right of the people peaceably to assemble to
consult for the common good, and to petition the government, or
any department thereof, shall never be abridged.
Imprisonment for debt prohibited; exception.
CI-20 No person shall be imprisoned for debt in any
civil action on mesne or final process, unless in cases of fraud.
Private property compensated for.
CI-21 The property of no person shall be taken or
damaged for public use without just compensation therefor.
Elections to be free.
CI-22 All elections shall be free; and there shall be
no hindrance or impediment to the right of a qualified voter to
exercise the elective franchise.
Capital cases; right of direct appeal; effect; other cases; right
of appeal.
CI-23 In all capital cases, appeal directly to the
Supreme Court shall be as a matter of right and shall operate as
a supersedeas to stay the execution of the sentence of death
until further order of the Supreme Court. In all other cases,
criminal or civil, an aggrieved party shall be entitled to one
appeal to the appellate court created pursuant to Article V,
section 1, of this Constitution or to the Supreme Court as may be
provided by law.
Rights of property; no discrimination; aliens.
CI-25 There shall be no discrimination between citizens
of the United States in respect to the acquisition, ownership,
possession, enjoyment or descent of property. The right of
aliens in respect to the acquisition, enjoyment and descent of
property may be regulated by law.
Powers retained by people.
CI-26 This enumeration of rights shall not be construed
to impair or deny others, retained by the people, and all powers
not herein delegated, remain with the people.
English language to be official.
CI-27 The English language is hereby declared to be the
official language of this state, and all official proceedings,
records and publications shall be in such language, and the
common school branches shall be taught in said language in
public, private, denominational and parochial schools.
Crime victims; rights enumerated; effect; Legislature; duties.
CI-28. (1) A victim of a crime, as shall be defined by
law, or his or her guardian or representative shall have: The
right to be informed of all criminal court proceedings; the right
to be present at trial unless the trial court finds sequestration
necessary for a fair trial for the defendant; and the right to be
informed of, be present at, and make an oral or written statement
at sentencing, parole, pardon, commutation, and conditional
release proceedings. This enumeration of certain rights for
crime victims shall not be construed to impair or deny others
provided by law or retained by crime victims.
(2) The Legislature shall provide by law for the
implementation of the rights granted in this section. There
shall be no remedies other than as specifically provided by the
Legislature for the enforcement of the rights granted by this
section.
(3) Nothing in this section shall constitute a basis
for error in favor of a defendant in any criminal proceeding, a
basis for providing standing to participate as a party to any
criminal proceeding, or a basis to contest the disposition of any
charge.
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Article II:
Legislative, executive, judicial.
CII-1 The powers of the government of this state are
divided into three distinct departments, the legislative,
executive and judicial, and no person or collection of persons
being one of these departments, shall exercise any power properly
belonging to either of the others, except as hereinafter
expressly directed or permitted.
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Article III:
Legislative authority; how vested.
CIII-1 Commencing with the regular session of the
Legislature to be held in January, nineteen hundred and
thirty-seven, the legislative authority of the state shall be
vested in a Legislature consisting of one chamber. The people
reserve for themselves, however, the power to propose laws, and
amendments to the constitution, and to enact or reject the same
at the polls, independent of the Legislature, and also reserve
power at their own option to approve or reject at the polls any
act, item, section, or part of any act passed by the Legislature.
All authority vested by the constitution or laws of the state in
the Senate, House of Representatives, or joint session thereof,
in so far as applicable, shall be and hereby is vested in said
Legislature of one chamber. All provisions in the constitution
and laws of the state relating to the Legislature, the Senate,
the House of Representatives, joint sessions of the Senate and
House of Representatives, Senator, or member of the House of
Representatives, shall, in so far as said provisions are
applicable, apply to and mean said Legislature of one chamber
hereby created and the members thereof. All references to Clerk
of House of Representatives or Secretary of Senate shall mean,
when applicable, the Clerk of the Legislature of one chamber.
All references to Speaker of the House of Representatives or
temporary president of the Senate shall mean Speaker of the
Legislature. Whenever any provision of the constitution requires
submission of any matter to, or action by, the House of
Representatives, the Senate, or joint session thereof, or the
members of either body or both bodies, it shall after January
first, nineteen hundred and thirty-seven, be construed to mean
the Legislature herein provided for.
First power reserved; initiative.
CIII-2 The first power reserved by the people is the
initiative whereby laws may be enacted and constitutional
amendments adopted by the people independently of the
Legislature. This power may be invoked by petition wherein the
proposed measure shall be set forth at length. If the petition
be for the enactment of a law, it shall be signed by seven
percent of the registered voters of the state, and if the
petition be for the amendment of the Constitution, the petition
therefor shall be signed by ten percent of such registered
voters. In all cases the registered voters signing such petition
shall be so distributed as to include five percent of the
registered voters of each of two-fifths of the counties of the
state, and when thus signed, the petition shall be filed with the
Secretary of State who shall submit the measure thus proposed to
the electors of the state at the first general election held not
less than four months after such petition shall have been filed.
The same measure, either in form or in essential substance, shall
not be submitted to the people by initiative petition, either
affirmatively or negatively, more often than once in three years.
If conflicting measures submitted to the people at the same
election be approved, the one receiving the highest number of
affirmative votes shall thereby become law as to all conflicting
provisions. The constitutional limitations as to the scope and
subject matter of statutes enacted by the Legislature shall apply
to those enacted by the initiative.
Second power reserved; referendum.
CIII-3 The second power reserved is the referendum
which may be invoked, by petition, against any act or part of an
act of the Legislature, except those making appropriations for
the expense of the state government or a state institution
existing at the time of the passage of such act. Petitions
invoking the referendum shall be signed by not less than five
percent of the registered voters of the state, distributed as
required for initiative petitions, and filed in the office of the
Secretary of State within ninety days after the Legislature at
which the act sought to be referred was passed shall have
adjourned sine die or for more than ninety days. Such petition
shall set out the title of the act against which the referendum
is invoked and, in addition thereto, when only a portion of the
act is sought to be referred, the number of the section or
sections or portion of sections of the act designating such
portion. When the referendum is thus invoked, the Secretary of
State shall refer the same to the electors for approval or
rejection at the first general election to be held not less than
thirty days after the filing of such petition.
When the referendum is invoked as to any act or part of
act, other than emergency acts or those for the immediate
preservation of the public peace, health, or safety, by petition
signed by not less than ten percent of the registered voters of
the state distributed as aforesaid, it shall suspend the taking
effect of such act or part of act until the same has been
approved by the electors of the state.
Initiative or referendum; signatures required; veto; election
returns; constitutional amendments; non-partisan ballot.
CIII-4 The whole number of votes cast for Governor at
the general election next preceding the filing of an initiative
or referendum petition shall be the basis on which the number of
signatures to such petition shall be computed. The veto power of
the Governor shall not extend to measures initiated by or
referred to the people. A measure initiated shall become a law
or part of the Constitution, as the case may be, when a majority
of the votes cast thereon, and not less than thirty-five per cent
of the total vote cast at the election at which the same was
submitted, are cast in favor thereof, and shall take effect upon
proclamation by the Governor which shall be made within ten days
after the official canvass of such votes. The vote upon
initiative and referendum measures shall be returned and
canvassed in the manner prescribed for the canvass of votes for
president. The method of submitting and adopting amendments to
the Constitution provided by this section shall be supplementary
to the method prescribed in the article of this Constitution,
entitled, "Amendments" and the latter shall in no case be
construed to conflict herewith. The provisions with respect to
the initiative and referendum shall be self-executing, but
legislation may be enacted to facilitate their operation. All
propositions submitted in pursuance hereof shall be submitted in
a non-partisan manner and without any indication or suggestion on
the ballot that they have been approved or endorsed by any
political party or organization. Only the title or proper
descriptive words of measures shall be printed on the ballot and
when two or more measures have the same title they shall be
numbered consecutively in the order of filing with the Secretary
of State and the number shall be followed by the name of the
first petitioner on the corresponding petition.
Legislative districts; apportionment; redistricting, when
required.
CIII-5 At the regular session of the Legislature held
in the year nineteen hundred and thirty-five the Legislature
shall by law determine the number of members to be elected and
divide the state into legislative districts. In the creation of
such districts, any county that contains population sufficient to
entitle it to two or more members of the Legislature shall be
divided into separate and distinct legislative districts, as
nearly equal in population as may be and composed of contiguous
and compact territory. One member of the Legislature shall be
elected from each such district. The basis of apportionment
shall be the population excluding aliens, as shown by the next
preceding federal census. The Legislature shall redistrict the
state after each federal decennial census. In any such
redistricting, county lines shall be followed whenever
practicable, but other established lines may be followed at the
discretion of the Legislature.
Legislature; number of members; annual sessions.
CIII-6 The Legislature shall consist of not more than
fifty members and not less than thirty members. The sessions of
the Legislature shall be annual except as otherwise provided by
this constitution or as may be otherwise provided by law.
Legislators; terms; effect of redistricting; election; salary;
expenses; mileage.
CIII-7 At the general election to be held in November
1964, one-half the members of the Legislature, or as nearly
thereto as may be practicable, shall be elected for a term of
four years and the remainder for a term of two years, and
thereafter all members shall be elected for a term of four years,
with the manner of such election to be determined by the
Legislature. When the Legislature is redistricted, the members
elected prior to the redistricting shall continue in office, and
the law providing for such redistricting shall where necessary
specify the newly established district which they shall represent
for the balance of their term. Each member shall be nominated
and elected in a nonpartisan manner and without any indication on
the ballot that he or she is affiliated with or endorsed by any
political party or organization. Each member of the Legislature
shall receive a salary of not to exceed one thousand dollars per
month during the term of his or her office. In addition to his
or her salary, each member shall receive an amount equal to his
or her actual expenses in traveling by the most usual route once
to and returning from each regular or special session of the
Legislature. Members of the Legislature shall receive no pay nor
perquisites other than his or her salary and expenses, and
employees of the Legislature shall receive no compensation other
than their salary or per diem.
Legislators; qualifications; one-year residence in district;
removal from district, effect.
CIII-8. No person shall be eligible to the office of
member of the Legislature unless on the date of the general
election at which he is elected, or on the date of his
appointment he is a registered voter, has attained the age of
twenty-one years and has resided within the district from which
he is elected for the term of one year next before his election,
unless he shall have been absent on the public business of the
United States or of this State. And no person elected as
aforesaid shall hold his office after he shall have removed from
such district.
Legislators; disqualifications.
CIII-9 No person holding office under the authority of
the United States, or any lucrative office under the authority of
this state, shall be eligible to, or have a seat in the
Legislature. No person elected or appointed to the Legislature
shall receive any civil appointment to a state office while
holding membership in the Legislature or while the Legislature is
in session, and all such appointments shall be void.
Legislative sessions; time; quorum; rules of procedure; expulsion
of members; disrespectful behavior, penalty.
CIII-10 Beginning with the year 1975, regular sessions
of the Legislature shall be held annually, commencing at 10 a.m.
on the first Wednesday after the first Monday in January of each
year. The duration of regular sessions held shall not exceed
ninety legislative days in odd-numbered years unless extended by
a vote of four-fifths of all members elected to the Legislature,
and shall not exceed sixty legislative days in even-numbered
years unless extended by a vote of four-fifths of all members
elected to the Legislature. Bills and resolutions under
consideration by the Legislature upon adjournment of a regular
session held in an odd-numbered year may be considered at the
next regular session, as if there had been no such adjournment.
The Lieutenant Governor shall preside, but shall vote only when
the Legislature is equally divided. A majority of the members
elected to the Legislature shall constitute a quorum; the
Legislature shall determine the rules of its proceedings and be
the judge of the election, returns, and qualifications of its
members, shall choose its own officers, including a Speaker to
preside when the Lieutenant Governor shall be absent,
incapacitated, or shall act as Governor. No member shall be
expelled except by a vote of two-thirds of all members elected to
the Legislature, and no member shall be twice expelled for the
same offense. The Legislature may punish by imprisonment any
person not a member thereof who shall be guilty of disrespect to
the Legislature by disorderly or contemptuous behavior in its
presence, but no such imprisonment shall extend beyond
twenty-four hours at one time, unless the person shall persist in
such disorderly or contemptuous behavior.
Legislative journal; vote viva voce; open doors.
CIII-11 The Legislature shall keep a journal of its
proceedings and publish them (except such parts as may require
secrecy) and the yeas and nays of the members on any question,
shall at the desire of any one of them be entered on the journal.
All votes shall be viva voce. The doors of the Legislature and
of the Committees of the Whole, shall be open, unless when the
business shall be such as ought to be kept secret.
Style of bills; majority necessary to passage; yeas and nays
entered on journal.
CIII-13 The style of all bills shall be, Be it enacted
by the people of the State of Nebraska, and no law shall be
enacted except by bill. No bill shall be passed by the
Legislature unless by the assent of a majority of all members
elected and the yeas and nays on the question of final passage of
any bill shall be entered upon the journal.
Bills and resolutions read by title; printing; vote for final
passage; bills to contain one subject; amended section to be set
forth; signing of bills.
CIII-14. Every bill and resolution shall be read by
title when introduced, and a printed copy thereof provided for
the use of each member. The bill and all amendments thereto
shall be printed and presented before the vote is taken upon its
final passage and shall be read at large unless three-fifths of
all the members elected to the Legislature vote not to read the
bill and all amendments at large. No vote upon the final passage
of any bill shall be taken until five legislative days after its
introduction nor until it has been on file for final reading and
passage for at least one legislative day. No bill shall contain
more than one subject, and the subject shall be clearly expressed
in the title. No law shall be amended unless the new act
contains the section or sections as amended and the section or
sections so amended shall be repealed. The Lieutenant Governor,
or the Speaker if acting as presiding officer, shall sign, in the
presence of the Legislature while it is in session and capable of
transacting business, all bills and resolutions passed by the
Legislature.
Members privileged from arrest.
CIII-15. Members of the Legislature in all cases
except treason, felony or breach of the peace, shall be
privileged from arrest during the session of the Legislature, and
for fifteen days next before the commencement and after the
termination thereof.
Members of the Legislature and state officers; conflicts of
interest; standards for.
CIII-16 No member of the Legislature or any state
officer shall have a conflict of interest, as defined by the
Legislature, directly in any contract, with the state or any
county or municipality thereof, authorized by any law enacted
during the term for which he shall have been elected or
appointed, or within one year after the expiration of such term.
The Legislature shall prescribe standards and definitions for
determining the existence of such conflicts of interest in
contracts, and it shall prescribe sanctions for enforcing this
section.
Impeachment; procedure.
CIII-17 The Legislature shall have the sole power of
impeachment, but a majority of the members elected must concur
therein. Proceedings may be initiated in either a regular
session or a special session of the Legislature. Upon the
adoption of a resolution of impeachment, which resolution shall
give reasonable notice of the acts or omissions alleged to
constitute impeachable offenses but need not conform to any
particular style, a notice of an impeachment of any officer,
other than a Judge of the Supreme Court, shall be forthwith
served upon the Chief Justice, by the Clerk of the Legislature,
who shall thereupon call a session of the Supreme Court to meet
at the Capitol in an expeditious fashion after such notice to try
the impeachment. A notice of an impeachment of the Chief Justice
or any Judge of the Supreme Court shall be served by the Clerk of
the Legislature, upon the clerk of the judicial district within
which the Capitol is located, and he or she thereupon shall
choose, at random, seven Judges of the District Court in the
State to meet within thirty days at the Capitol, to sit as a
Court to try such impeachment, which Court shall organize by
electing one of its number to preside. The case against the
impeached civil officer shall be brought in the name of the
Legislature and shall be managed by two senators, appointed by
the Legislature, who may make technical or procedural amendments
to the articles of impeachment as they deem necessary. The trial
shall be conducted in the manner of a civil proceeding and the
impeached civil officer shall not be allowed to invoke a
privilege against self-incrimination, except as otherwise
applicable in a general civil case. No person shall be convicted
without the concurrence of two-thirds of the members of the Court
of impeachment that clear and convincing evidence exists
indicating that such person is guilty of one or more impeachable
offenses, but judgment in cases of impeachment shall not extend
further than removal from office and disqualification to hold and
enjoy any office of honor, profit, or trust, in this State, but
the party impeached, whether convicted or acquitted, shall
nevertheless be liable to prosecution and punishment according to
law. No officer shall exercise his or her official duties after
he or she shall have been impeached and notified thereof, until
he or she shall have been acquitted.
Local or special laws prohibited.
CIII-18 The Legislature shall not pass local or special
laws in any of the following cases, that is to say:
For granting divorces.
Changing the names of persons or places.
Laying out, opening altering and working roads or
highways.
Vacating roads, Town plats, streets, alleys, and public
grounds.
Locating or changing County seats.
Regulating County and Township offices.
Regulating the practice of Courts of Justice.
Regulating the jurisdiction and duties of Justices of
the Peace, Police Magistrates and Constables.
Providing for changes of venue in civil and criminal
cases.
Incorporating Cities, Towns and Villages, or changing
or amending the charter of any Town, City, or Village.
Providing for the election of Officers in Townships,
incorporated Towns or Cities.
Summoning or empaneling Grand or Petit Juries.
Providing for the bonding of cities, towns, precincts,
school districts or other municipalities.
Providing for the management of Public Schools.
The opening and conducting of any election, or
designating the place of voting.
The sale or mortgage of real estate belonging to
minors, or others under disability.
The protection of game or fish.
Chartering or licensing ferries, or toll bridges,
remitting fines, penalties or forfeitures, creating, increasing
and decreasing fees, percentage or allowances of public officers,
during the term for which said officers are elected or appointed.
Changing the law of descent.
Granting to any corporation, association, or
individual, the right to lay down railroad tracks, or amending
existing charters for such purpose.
Granting to any corporation, association, or individual
any special or exclusive privileges, immunity, or franchise
whatever; PROVIDED, that notwithstanding any other provisions of
this Constitution, the Legislature shall have authority to
separately define and classify loans and installment sales, to
establish maximum rates within classifications of loans or
installment sales which it establishes, and to regulate with
respect thereto. In all other cases where a general law can be
made applicable, no special law shall be enacted.
Compensation; increase when; extra compensation to public
officers and contractors prohibited; retirement benefits;
adjustment.
CIII-19 The Legislature shall never grant any extra
compensation to any public officer, agent, or servant after the
services have been rendered nor to any contractor after the
contract has been entered into, except that retirement benefits
of retired public officers and employees may be adjusted to
reflect changes in the cost of living and wage levels that have
occurred subsequent to the date of retirement, nor shall the
compensation of any public officer, including any officer whose
compensation is fixed by the Legislature, be increased or
diminished during his term of office except that, when there are
members elected or appointed to the Legislature or officers
elected or appointed to a court, board, or commission having more
than one member and the terms of one or more members commence and
end at different times, the compensation of all members of the
Legislature or of such court, board, or commission may be
increased or diminished at the beginning of the full term of any
member thereof. Nothing in this section shall prevent local
governing bodies from reviewing and adjusting vested pension
benefits periodically as prescribed by ordinance.
The surviving spouse of any retired public officer,
agent, or servant, who has retired under a pension plan or
system, shall be considered as having pensionable status and
shall be entitled to the same benefits which may, at any time, be
provided for or available to spouses of other public officers,
agents, or servants who have retired under such pension plan or
system at a later date, and such benefits shall not be prohibited
by the restrictions of this section or of Article XIII, section 3
of the Constitution of Nebraska.
Salt springs, coal, oil, minerals; alienation prohibited.
CIII-20 The salt springs, coal, oil, minerals, or other
natural resources on or contained in the land belonging to the
state shall never be alienated; but provision may be made by law
for the leasing or development of the same.
Donation of state lands prohibited; when.
CIII-21 Lands under control of the State shall never be
donated to railroad companies, private corporations or
individuals.
Appropriations for state; deficiencies; bills for pay of members
and officials.
CIII-22 Each Legislature shall make appropriations for
the expenses of the Government. And whenever it is deemed
necessary to make further appropriations for deficiencies, the
same shall require a two-thirds vote of all the members elected
to the Legislature. Bills making appropriations for the pay of
members and officers of the Legislature, and for the salaries of
the officers of the Government, shall contain no provision on any
other subject.
Games of chance, lotteries, and gift enterprises; restrictions;
parimutuel wagering on horseraces; bingo games.
CIII-24 (1) Except as provided in this section, the
Legislature shall not authorize any game of chance or any lottery
or gift enterprise when the consideration for a chance to
participate involves the payment of money for the purchase of
property, services, or a chance or admission ticket or requires
an expenditure of substantial effort or time.
(2) The Legislature may authorize and regulate a state
lottery pursuant to subsection (3) of this section and other
lotteries, raffles, and gift enterprises which are intended
solely as business promotions or the proceeds of which are to be
used solely for charitable or community betterment purposes
without profit to the promoter of such lotteries, raffles, or
gift enterprises.
(3) The Legislature may establish a lottery to be
operated and regulated by the State of Nebraska. The proceeds of
the lottery shall be appropriated by the Legislature for the
costs of establishing and maintaining the lottery and for other
purposes as directed by the Legislature. No lottery game shall
be conducted as part of the lottery unless the type of game has
been approved by a majority of the members of the Legislature.
(4) Nothing in this section shall be construed to
prohibit (a) the enactment of laws providing for the licensing
and regulation of wagering on the results of horseraces, wherever
run, either within or outside of the state, by the parimutuel
method, when such wagering is conducted by licensees within a
licensed racetrack enclosure or (b) the enactment of laws
providing for the licensing and regulation of bingo games
conducted by nonprofit associations which have been in existence
for a period of five years immediately preceding the application
for license, except that bingo games cannot be conducted by
agents or lessees of such associations on a percentage basis.
Incidental expenses of state officers; specific appropriations
always necessary; warrants for money.
CIII-25 No allowance shall be made for the incidental
expenses of any state officer except the same be made by general
appropriation and upon an account specifying each item. No money
shall be drawn from the treasury except in pursuance of a
specific appropriation made by law, and on the presentation of a
warrant issued as the Legislature may direct, and no money shall
be diverted from any appropriation made for any purpose or taken
from any fund whatever by resolution.
Privilege of members.
CIII-26 No member of the Legislature shall be liable in
any civil or criminal action whatever for words spoken in debate.
Acts take effect after three months; emergency bills; session
laws.
CIII-27 No act shall take effect until three calendar
months after the adjournment of the session at which it passed,
unless in case of emergency, to be expressed in the preamble or
body of the act, the Legislature shall, by a vote of two-thirds
of all the members elected otherwise direct. All laws shall be
published in book form within sixty days after the adjournment of
each session and distributed among the several counties in such
manner as the Legislature may provide.
Legislative authority in emergencies due to enemy attack upon
United States.
CIII-29 (1). In order to insure continuity of state and
local governmental operations in periods of emergency resulting
from enemy attack upon the United States, or the imminent threat
thereof, the Legislature shall have the power and the immediate
duty, notwithstanding any other provision to the contrary in this
Constitution, to provide by law for:
(a) The prompt and temporary succession to the powers
and duties of all public offices, of whatever nature and whether
filled by election or appointment, the incumbents of which, after
an attack, may be or become unavailable or unable to carry on the
powers and duties of such offices;
(b) The convening of the Legislature into general or
extraordinary session, upon or without call by the Governor,
during or after a war or enemy caused disaster occurring in the
United States; and, with respect to any such emergency session,
the suspension or temporary change of the provisions of this
Constitution or of general law relating to the length and
purposes of any legislative session or prescribing the specific
proportion or number of legislators whose presence or vote is
necessary to constitute a quorum or to accomplish any legislative
act or function;
(c) The selection and changing from time to time of a
temporary state seat of government, of temporary county seats,
and of temporary seats of government for other political
subdivisions; to be used if made necessary by enemy attack or
imminent threat thereof;
(d) The determination, selection, reproduction,
preservation, and dispersal of public records necessary to the
continuity of governmental operations in the event of enemy
attack or imminent threat thereof; and
(e) Such other measures and procedures as may be
necessary and proper for insuring the continuity of governmental
operations in the event of enemy attack or imminent threat
thereof.
(2). In the exercise of the powers hereinbefore
conferred, the Legislature shall in all respects conform to the
requirements of this Constitution except to the extent that, in
the judgment of the Legislature, so to do would be impracticable
or would admit of undue delay.
****************************************************************************
Article IV:
Executive departments; officers; when elected; terms;
eligibility; books to be kept at seat of government; residence of
officers; heads of departments; appointments.
CIV-1 The executive officers of the state shall be the
Governor, Lieutenant Governor, Secretary of State, Auditor of
Public Accounts, Treasurer, Attorney General, and the heads of
such other executive departments as set forth herein or as may be
established by law. The Legislature may provide for the placing
of the above named officers as heads over such departments of
government as it may by law establish.
The Governor, Lieutenant Governor, Attorney General,
Secretary of State, Auditor of Public Accounts and the Treasurer
shall be chosen at the general election held in November, 1974,
and in each alternate even-numbered year thereafter, for a term
of four years and until their successors shall be elected and
qualified. In the general election one vote shall be cast
jointly for the candidates for Governor and Lieutenant Governor
nominated by the same party. The Governor shall be ineligible to
the office of Governor for four years next after the expiration
of two consecutive terms for which he was elected. The records,
books, and papers of all executive officers shall be kept at the
seat of government, and such officers, excepting the Lieutenant
Governor and members of boards and commissions when the board or
commission is the head of an executive department, shall reside
there during their respective terms of office. Officers in the
executive department of the state shall perform such duties as
may be provided by law. The heads of all executive departments
established by law, other than those to be elected as provided
herein, shall be appointed by the Governor, with the consent of a
majority of all members elected to the Legislature, but officers
so appointed may be removed by the Governor. Subject to the
provisions of this Constitution, the heads of the various
executive or civil departments shall have power to appoint and
remove all subordinate employees in their respective departments.
Governor; Lieutenant Governor; eligibility; qualifications;
appointive officers, ineligible for other office.
CIV-2 No person shall be eligible to the office of
Governor, or Lieutenant Governor, who shall not have attained the
age of thirty years, and who shall not have been for five years
next preceding his election a resident and citizen of this state
and a citizen of the United States. None of the appointive
officers mentioned in this article shall be eligible to any other
state office during the period for which they have been
appointed.
Treasurer; ineligibility.
CIV-3. The treasurer shall be ineligible to the office
of treasurer, for two years next after the expiration of two
consecutive terms for which he was elected.
Election returns; canvass by Legislature; conduct of election
contests.
CIV-4 The returns of every election for the officers of
the executive department shall be sealed up and transmitted by
the returning officers to the Secretary of State, directed to the
Speaker of the Legislature, who shall immediately after the
organization of the Legislature, and before proceeding to other
business, open and publish the same in the presence of a majority
of the members of the Legislature. The person having the highest
number of votes for each of said offices shall be declared duly
elected; but if two or more have an equal and the highest number
of votes, the Legislature shall choose one of such persons for
said office. The conduct of election contests for any of said
offices shall be in such manner as may be prescribed by law.
Impeachment.
CIV-5 All civil officers of this state shall be liable
to impeachment for any misdemeanor in office.
Supreme executive power.
CIV-6 The supreme executive power shall be vested in
the Governor, who shall take care that the laws be faithfully
executed and the affairs of the state efficiently and
economically administered.
Message by Governor; budget; contents; budget bill; preparation;
appropriations not to be in excess of budget; exception; excess
subject to veto.
CIV-7 The Governor may, at the commencement of each
session, and at the close of his term of office and whenever the
Legislature may require, give by message to the Legislature
information of the condition of the state, and shall recommend
such measures as he shall deem expedient. At a time fixed by
law, he shall present, by message, a complete itemized budget of
the financial requirements of all departments, institutions and
agencies of the state and a budget bill to be introduced by the
Speaker of the Legislature at the request of the Governor. Said
budget bill shall be prepared with such expert assistance and
under such regulations as may be required by the Governor. No
appropriations shall be made in excess of the recommendation
contained in such budget including any amendment the Governor may
make thereto unless by three-fifths vote of the Legislature, and
such excess so approved shall be subject to veto by the Governor.
Special sessions.
CIV-8 The Governor may, on extraordinary occasions,
convene the Legislature by proclamation, stating therein the
purpose for which they are convened, and the Legislature shall
enter upon no business except that for which they were called
together.
Governor to appoint officers; removal.
CIV-10 The Governor shall appoint with the approval of
a majority of the Legislature, all persons whose offices are
established by the Constitution, or which may be created by law,
and whose appointment or election is not otherwise by law or
herein provided for; and no such person shall be appointed or
elected by the Legislature. The Governor shall have power to
remove, for cause and after a public hearing, any person whom he
may appoint for a term except officers provided for in Article V
of the Constitution, and he may declare his office vacant, and
fill the same as herein provided as in other cases of vacancy.
The Governor shall have power to remove any other person whom he
appoints at any time and for any reason.
Elected state officer; vacation of office; Governor fill by
appointment; term.
CIV-11 If any elected state office created by this
Constitution, except offices provided for in Article V of this
Constitution, shall be vacated by death, resignation or
otherwise, it shall be the duty of the Governor to fill that
office by appointment, and the appointee shall hold the office
until his successor shall be elected and qualified in such manner
as may be provided by law.
Nonelective state officers; vacation; Governor; fill the office
by appointment; approval by Legislature.
CIV-12 If any nonelective state office, except offices
provided for in Article V of this Constitution, shall be vacated
by death, resignation or otherwise, it shall be the duty of the
Governor to fill that office by appointment. If the Legislature
is in session, such appointment shall be subject to the approval
of a majority of the members of the Legislature. If the
Legislature is not in session, the Governor shall make a
temporary appointment until the next session of the Legislature,
at which time a majority of the members of the Legislature shall
have the right to approve or disapprove the appointment. All
appointees shall hold their office until their successors shall
be appointed and qualified. No person after being rejected by
the Legislature shall be again nominated for the same office at
the same session, unless at request of the Legislature, or be
appointed to the same office during the recess or adjournment of
the Legislature.
Board of parole; members; powers; reprieves; proceedings; power
to pardon; limitations.
CIV-13 The Legislature shall provide by law for the
establishment of a Board of Parole and the qualifications of its
members. Said board, or a majority thereof, shall have power to
grant paroles after conviction and judgment, under such
conditions as may be prescribed by law, for any offenses
committed against the criminal laws of this state except treason
and cases of impeachment. The Governor, Attorney General and
Secretary of State, sitting as a board, shall have power to remit
fines and forfeitures and to grant respites, reprieves, pardons,
or commutations in all cases of conviction for offenses against
the laws of the state, except treason and cases of impeachment.
The Board of Parole may advise the Governor, Attorney General and
Secretary of State on the merits of any application for
remission, respite, reprieve, pardon or commutation but such
advice shall not be binding on them. The Governor shall have
power to suspend the execution of the sentence imposed for
treason until the case can be reported to the Legislature at its
next session, when the Legislature shall either grant a pardon,
or commute the sentence or direct the execution, or grant a
further reprieve.
Governor to be commander-in-chief of militia.
CIV-14 The Governor shall be commander-in-chief of the
military and naval forces of the state (except when they shall be
called into the service of the United States) and may call out
the same to execute the laws, suppress insurrection, and repel
invasion.
Bills to be presented to Governor; approval; procedure;
disapproval or reduction of items of appropriation; passage
despite disapproval or reduction.
CIV-15 Every bill passed by the Legislature, before it
becomes a law, shall be presented to the Governor. If he
approves he shall sign it, and thereupon it shall become a law,
but if he does not approve or reduces any item or items of
appropriations, he shall return it with his objections to the
Legislature, which shall enter the objections at large upon its
journal, and proceed to reconsider the bill with the objections
as a whole, or proceed to reconsider individually the item or
items disapproved or reduced. If then three-fifths of the
members elected agree to pass the bill with objections it shall
become a law, or if three-fifths of the members elected agree to
repass any item or items disapproved or reduced, the bill with
such repassage shall become a law. In all cases the vote shall
be determined by yeas and nays, to be entered upon the journal.
Any bill which shall not be returned by the Governor within five
days (Sundays excepted) after it shall have been presented to
him, shall become a law in like manner as if he had signed it;
unless the Legislature by their adjournment prevent its return;
in which case it shall be filed, with his objections, in the
office of the Secretary of State within five days after such
adjournment, or become a law. The Governor may disapprove or
reduce any item or items of appropriation contained in bills
passed by the Legislature, and the item or items so disapproved
shall be stricken therefrom, and the items reduced shall remain
as reduced unless the Legislature has reconsidered the item or
items disapproved or reduced and has repassed any such item or
items over the objection of the Governor by a three-fifths
approval of the members elected.
Order of succession to become Governor; Lieutenant Governor;
duties.
CIV-16 In case of the conviction of the Governor on
impeachment, his removal from office, his resignation or his
death, the Lieutenant Governor, the Speaker of the Legislature
and such other persons designated by law shall in that order be
Governor for the remainder of the Governor's term.
In case of the death of the Governor-elect, the
Lieutenant Governor-elect, the Speaker of the Legislature and
such other persons designated by law shall become Governor in
that order at the commencement of the Governor-elect's term.
If the Governor or the person in line of succession to
serve as Governor is absent from the state, or suffering under an
inability, the powers and duties of the office of Governor shall
devolve in order of precedence until the absence or inability
giving rise to the devolution of powers ceases as provided by
law. After January 1, 1975, the Lieutenant Governor shall serve
on all boards and commissions in lieu of the Governor whenever so
designated by the Governor, shall perform such duties as may be
delegated him by the Governor, and shall devote his full time to
the duties of his office.
State institutions; management, control, and government;
determination by Legislature.
CIV-19 The general management, control and government
of all state charitable, mental, reformatory, and penal
institutions shall be vested as determined by the Legislature.
Public Service Commission; membership; terms; powers.
CIV-20 There shall be a Public Service Commission,
consisting of not less than three nor more than seven members, as
the Legislature shall prescribe, whose term of office shall be
six years, and whose compensation shall be fixed by the
Legislature. Commissioners shall be elected by districts of
substantially equal population as the Legislature shall provide.
The powers and duties of such commission shall include the
regulation of rates, service and general control of common
carriers as the Legislature may provide by law. But, in the
absence of specific legislation, the commission shall exercise
the powers and perform the duties enumerated in this provision.
Executive officials to keep accounts; reports; false reports,
penalty.
CIV-22 The Legislature shall provide by statute for the
keeping of accounts and the reporting by those agencies of the
state which are required to administer cash funds not subject to
appropriation by the Legislature, and an annual report thereof
shall be made to the Governor under oath; and any officer who
makes a false report shall be guilty of perjury and punished
accordingly.
Executive officials and heads of institutions; reports to
Legislature; information from expending agencies.
CIV-23 All expending agencies of the state as the
Legislature may provide shall at least ten days preceding each
regular session of the Legislature severally report to the
Governor, who shall transmit such reports to the Legislature,
together with the reports of the Judges of the Supreme Court of
defects in the constitution and laws, and the Governor or the
Legislature may at any time require information, in writing,
under oath, from the officers of all expending agencies, upon any
subject relating to the condition, management and expenses of
their respective offices.
Great seal.
CIV-24 There shall be a seal of the state, which shall
be called the "Great Seal of the State of Nebraska," which shall
be kept by the Secretary of State and used by him officially as
directed by law.
Salaries of officials; fees.
CIV-25 The officers provided for in this article shall
receive such salaries as may be provided by law. Such officers,
or such other officers as may be provided for by law, shall not
receive for their own use any fees, costs, or interest upon
public money in their hands. All fees that may hereafter be
payable by law for services performed, or received by an officer
provided for in this article, by virtue of his office shall be
paid forthwith into the state treasury.
Officials to give bonds.
CIV-26 All officers of government shall give bond as
may be prescribed by law.
Executive offices; creation of.
CIV-27 No executive state office other than herein
provided shall be created except by a two-thirds majority of all
members elected to the Legislature.
Tax Equalization and Review Commission; members; powers; Tax
Commissioner; powers.
CIV-28. By January 1, 1997, there shall be a Tax
Equalization and Review Commission. The members of the
commission shall be appointed by the Governor as provided by law.
The commission shall have power to review and equalize
assessments of property for taxation within the state and shall
have such other powers and perform such other duties as the
Legislature may provide. The terms of office and compensation of
members of the commission shall be as provided by law.
A Tax Commissioner shall be appointed by the Governor
with the approval of the Legislature. The Tax Commissioner may
have jurisdiction over the administration of the revenue laws of
the state and such other duties and powers as provided by law.
The Tax Commissioner shall serve at the pleasure of the Governor.
****************************************************************************
Article V:
Power vested in courts; Chief Justice; powers.
CV-1 The judicial power of the state shall be vested in
a Supreme Court, an appellate court, district courts, county
courts, in and for each county, with one or more judges for each
county or with one judge for two or more counties, as the
Legislature shall provide, and such other courts inferior to the
Supreme Court as may be created by law. In accordance with rules
established by the Supreme Court and not in conflict with other
provisions of this Constitution and laws governing such matters,
general administrative authority over all courts in this state
shall be vested in the Supreme Court and shall be exercised by
the Chief Justice. The Chief Justice shall be the executive head
of the courts and may appoint an administrative director thereof.
Supreme Court; number of judges; quorum; jurisdiction; retired
judges, temporary duty; court divisions; assignments by Chief
Justice.
CV-2 The Supreme Court shall consist of seven judges,
one of whom shall be the Chief Justice. A majority of the judges
shall be necessary to constitute a quorum. A majority of the
members sitting shall have authority to pronounce a decision
except in cases involving the constitutionality of an act of the
Legislature. No legislative act shall be held unconstitutional
except by the concurrence of five judges. The Supreme Court
shall have jurisdiction in all cases relating to the revenue,
civil cases in which the state is a party, mandamus, quo
warranto, habeas corpus, election contests involving state
officers other than members of the Legislature, and such
appellate jurisdiction as may be provided by law. The
Legislature may provide that any judge of the Supreme Court or
judge of the appellate court created pursuant to Article V,
section 1, of this Constitution who has retired may be called
upon for temporary duty by the Supreme Court. Whenever necessary
for the prompt submission and determination of causes, the
Supreme Court may appoint judges of the district court or the
appellate court to act as associate judges of the Supreme Court,
sufficient in number, with the judges of the Supreme Court, to
constitute two divisions of the court of five judges in each
division. Whenever judges of the district court or the appellate
court are so acting, the court shall sit in two divisions, and
four of the judges thereof shall be necessary to constitute a
quorum. Judges of the district court or the appellate court so
appointed shall serve during the pleasure of the court and shall
have all the powers of judges of the Supreme Court. The Chief
Justice shall make assignments of judges to the divisions of the
court, preside over the division of which he or she is a member,
and designate the presiding judge of the other division. The
judges of the Supreme Court, sitting without division, shall hear
and determine all cases involving the constitutionality of a
statute and all appeals involving capital cases and may review
any decision rendered by a division of the court. In such cases,
in the event of the disability or disqualification by interest or
otherwise of any of the judges of the Supreme Court, the court
may appoint judges of the district court or the appellate court
to sit temporarily as judges of the Supreme Court, sufficient to
constitute a full court of seven judges. Judges of the district
court or the appellate court shall receive no additional salary
by virtue of their appointment and service as herein provided,
but they shall be reimbursed their necessary traveling and hotel
expenses.
Terms of Supreme Court.
CV-3 At least two terms of the supreme court shall be
held each year, at the seat of government.
Supreme Court Justices; selection; residence.
CV-4 The Chief Justice and the Judges of the Supreme
Court shall be selected as provided in this Article V. They
shall reside at the place where the court is located but no
Justice or Judge of the Supreme Court shall be deemed thereby to
have lost his residence at the place from which he was selected.
Supreme Court judicial districts; redistricting; when.
CV-5 The Legislature shall divide the state into six
contiguous and compact districts of approximately equal
population, which shall be numbered from one to six, which shall
be known as the Supreme Court judicial districts. The
Legislature shall redistrict the state after each federal
decennial census. In any such redistricting, county lines shall
be followed whenever practicable, but other established lines may
be followed at the discretion of the Legislature. Such
districts shall not be changed except upon the concurrence of a
majority of the members of the Legislature. Whenever the Supreme
Court is redistricted, the judges serving prior to the
redistricting shall continue in office, and the law providing for
such redistricting shall where necessary specify the newly
established districts which they shall represent for the balance
of their terms.
Chief Justice to preside.
CV-6 The Chief Justice shall preside at all terms and
sittings of the supreme court, and in his absence or disability
the judges present shall select one of their number chief justice
pro tempore.
Chief Justice; Associate Justices; qualifications.
CV-7 No person shall be eligible to the office of Chief
Justice or Judge of the Supreme Court unless he shall be at least
thirty years of age, and a citizen of the United States, and
shall have resided in this state at least three years next
preceding his selection; nor, in the case of a Judge of the
Supreme Court selected from a Supreme Court judicial district,
unless he shall be a resident and elector of the district from
which selected.
Supreme Court appoint staff; budget; copyright of state reports.
CV-8 The Supreme Court shall appoint such staff as may
be needed for the proper dispatch of the business of the court.
The court shall prepare and recommend to each session of the
Legislature a budget of the estimated expenses of the court. The
copyright of the state reports shall forever remain the property
of the state.
District courts; jurisdiction; felons may plead guilty; sentence.
CV-9 The district courts shall have both chancery and
common law jurisdiction, and such other jurisdiction as the
Legislature may provide; and the judges thereof may admit persons
charged with felony to a plea of guilty and pass such sentence as
may be prescribed by law.
District court judicial districts.
CV-10 The state shall be divided into district court
judicial districts. Until otherwise provided by law, the
boundaries of the judicial districts and the number of judges of
the district courts shall remain as now fixed. The judges of the
district courts shall be selected from the respective districts
as provided in this Article V.
District court judges; change of number; boundaries.
CV-11 The Legislature may change the number of judges
of the district courts and alter the boundaries of judicial
districts. Such change in number or alterations in boundaries
shall not vacate the office of any judge. Such districts shall
be formed of compact territory bounded by county lines.
District court judges may hold court for each other; retired
judges, temporary duty.
CV-12 The judges of the district court may hold court
for each other and shall do so when required by law or when
ordered by the Supreme Court. The Legislature may provide that
any judge of the district court who has retired may be called
upon for temporary duty by the Supreme Court.
Supreme and district judges; salaries.
CV-13 The chief justice, the judges of the supreme
court and the judges of the district court shall receive such
salaries as may be provided by law.
Supreme and district judges not to act as attorneys; judge not to
practice law, when.
CV-14 No judge of the Supreme or district courts shall
act as attorney or counsellor at law in any manner whatsoever.
No judge shall practice law in any court in any matter arising in
or growing out of any proceedings in his own court.
Practice of all courts to be uniform.
CV-19 The organization, jurisdiction, powers,
proceedings, and practice of all courts of the same class or
grade, so far as regulated by law and the force and effect of the
proceedings, judgments and decrees of such courts, severally,
shall be uniform.
Officers in this Article; tenure; residence; duties;
compensation.
CV-20 All officers provided for in this Article shall
hold their offices until their successors shall be qualified and
they shall respectively reside in the district or county from
which they shall be selected. All officers, when not otherwise
provided for in this Article, shall perform such duties and
receive such compensation as may be prescribed by law.
Merit plan for selection of judges; terms of office; filling of
vacancies; procedure; voting for nominee.
CV-21 (1) In the case of any vacancy in the Supreme
Court or in any district court or in such other court or courts
made subject to this provision by law, such vacancy shall be
filled by the Governor from a list of at least two nominees
presented to him by the appropriate judicial nominating
commission. If the Governor shall fail to make an appointment
from the list within sixty days from the date it is presented to
him, the appointment shall be made by the Chief Justice or the
acting Chief Justice of the Supreme Court from the same list.
(2) In all other cases, any vacancy shall be filled as
provided by law.
(3) At the next general election following the
expiration of three years from the date of appointment of any
judge under the provisions of subsection (1) of this section and
every six years thereafter as long as such judge retains office,
each Justice or Judge of the Supreme Court or district court or
such other court or courts as the Legislature shall provide shall
have his right to remain in office subject to approval or
rejection by the electorate in such manner as the Legislature
shall provide; PROVIDED, that every judge holding or elected to
an office described in subsection (1) of this section on the
effective date of this amendment whether by election or
appointment, upon qualification shall be deemed to have been
selected and to have once received the approval of the electorate
as herein provided, and shall be required to submit his right to
continue in office to the approval or rejection of the electorate
at the general election next preceding the expiration of the term
of office for which such judge was elected or appointed, and
every six years thereafter. In the case of the Chief Justice of
the Supreme Court, the electorate of the entire state shall vote
on the question of approval or rejection. In the case of any
Judge of the Supreme Court, other than the Chief Justice, and any
judge of the district court or any other court made subject to
subsection (1) of this section, the electorate of the district
from which such judge was selected shall vote on the question of
such approval or rejection.
(4) There shall be a judicial nominating commission for
the Chief Justice of the Supreme Court and one for each judicial
district of the Supreme Court and of the district court and one
for each area or district served by any other court made subject
to subsection (1) of this section by law. Each judicial
nominating commission shall consist of nine members, one of whom
shall be a Judge of the Supreme Court who shall be designated by
the Governor and shall act as chairman, but shall not be entitled
to vote. The members of the bar of the state residing in the
area from which the nominees are to be selected shall designate
four of their number to serve as members of said commission, and
the Governor shall appoint four citizens, not admitted to
practice law before the courts of the state, from among the
residents of the same geographical area to serve as members of
said commission. Not more than four of such voting members shall
be of the same political party. The terms of office for members
of each judicial nominating commission shall be staggered and
shall be fixed by the Legislature. The nominees of any such
commission cannot include a member of such commission or any
person who has served as a member of such commission within a
period of two years immediately preceding his nomination or for
such additional period as the Legislature shall provide. The
names of candidates shall be released to the public prior to a
public hearing.
(5) Members of the nominating commission shall vote for
the nominee of their choice by roll call. Each candidate must
receive a majority of the voting members of the nominating
commission to have his name submitted to the Governor.
State may sue and be sued.
CV-22 The state may sue and be sued, and the
Legislature shall provide by law in what manner and in what
courts suits shall be brought.
Jurisdiction of judges at chambers.
CV-23 The several judges of the courts of record shall
have such jurisdiction at chambers as may be provided by law.
Style of process.
CV-24 All process shall run in the name of "The State
of Nebraska," and all prosecutions shall be carried on in the
name of "The State of Nebraska."
Supreme Court to promulgate rules of practice; to make
recommendations to Legislature.
CV-25 For the effectual administration of justice and
the prompt disposition of judicial proceedings, the supreme court
may promulgate rules of practice and procedure for all courts,
uniform as to each class of courts, and not in conflict with laws
governing such matters. To the same end, the court may, and when
requested by the Legislature by joint resolution, shall certify
to the Legislature, its conclusions as to desirable amendments or
changes in the general laws governing such practice and
proceedings.
Proviso as to effect of amendment.
CV-26 If the foregoing amendment shall be adopted by
the electors, all existing courts which are not in the foregoing
amendment specifically enumerated and concerning which no other
provision is herein made, shall continue in existence and
exercise their present jurisdiction, and the judges thereof shall
receive their present compensation, until otherwise provided by
law; and such judges or appointees to fill vacancies shall hold
their offices until their successors shall be elected and
qualified.
Juvenile courts; authorization.
CV-27 Notwithstanding the provisions of section 9 of
this Article, the Legislature may establish courts to be known as
juvenile courts, with such jurisdiction and powers as the
Legislature may provide. The term, qualification, compensation,
and method of appointment or election of the judges of such
courts, and the rules governing proceedings therein, may be fixed
by the Legislature. The state shall be divided into juvenile
court judicial districts that correspond to district court
judicial districts until otherwise provided by law. No such
court shall be established or afterwards abolished in any
juvenile court judicial district unless approved by a majority of
those voting on the issue.
Commission on Judicial Qualifications; appointment; composition;
qualifications.
CV-28 The Legislature shall provide for a Commission on
Judicial Qualifications consisting of: (1) Three judges,
including one district court judge, one county court judge, and
one judge of any other court inferior to the Supreme Court as now
exists or may hereafter be created by law, all of whom shall be
appointed by the Chief Justice of the Supreme Court; (2) three
members of the Nebraska State Bar Association who shall have
practiced law in this state for at least ten years and who shall
be appointed by the Executive Council of the Nebraska State Bar
Association; (3) three citizens, none of whom shall be a Justice
or Judge of the Supreme Court or judge of any court, active or
retired, nor a member of the Nebraska State Bar Association, and
who shall be appointed by the Governor; and (4) the Chief Justice
of the Supreme Court, who shall serve as its chairperson.
Commission on Judicial Qualifications; vote of majority required
for action.
CV-29 The commission shall act by a vote of the
majority of its members and no action of the commission shall be
valid unless concurred in by the majority of its members.
Judges; discipline; removal from office; grounds; procedure.
CV-30 (1) A Justice or Judge of the Supreme Court or
judge of any court of this state may be reprimanded, disciplined,
censured, suspended without pay for a definite period of time,
not to exceed six months, or removed from office for (a) willful
misconduct in office, (b) willful disregard of or failure to
perform his or her duties, (c) habitual intemperance, (d)
conviction of a crime involving moral turpitude, (e) disbarment
as a member of the legal profession licensed to practice law in
the State of Nebraska, or (f) conduct prejudicial to the
administration of justice that brings the judicial office into
disrepute, or he or she may be retired for physical or mental
disability seriously interfering with the performance of his or
her duties if such disability is determined to be permanent or
reasonably likely to become permanent. Any citizen of the State
of Nebraska may request the Commission on Judicial Qualifications
to consider the qualifications of any Justice or Judge of the
Supreme Court or other judge, and in such event the commission
shall make such investigation as the commission deems necessary
and shall, upon a finding of probable cause, reprimand such
Justice or Judge of the Supreme Court or other judge or order a
formal open hearing to be held before it concerning the
reprimand, discipline, censure, suspension, removal, or
retirement of such Justice or Judge of the Supreme Court or other
judge. In the alternative or in addition, the commission may
request the Supreme Court to appoint one or more special masters
who shall be judges of courts of record to hold a formal open
hearing to take evidence in any such matter, and to report to the
commission. If, after formal open hearing, or after considering
the record and report of the masters, the commission finds that
the charges are established by clear and convincing evidence, it
shall recommend to the Supreme Court that the Justice or Judge of
the Supreme Court or other judge involved shall be reprimanded,
disciplined, censured, suspended without pay for a definite
period of time not to exceed six months, removed, or retired as
the case may be.
(2) The Supreme Court shall review the record of the
proceedings and in its discretion may permit the introduction of
additional evidence. The Supreme Court shall make such
determination as it finds just and proper, and may order the
reprimand, discipline, censure, suspension, removal, or
retirement of such Justice or Judge of the Supreme Court or other
judge, or may wholly reject the recommendation. Upon an order
for retirement, the Justice or Judge of the Supreme Court or
other judge shall thereby be retired with the same rights and
privileges as if he or she had retired pursuant to statute. Upon
an order for removal, the Justice or Judge of the Supreme Court
or other judge shall be removed from office, his or her salary
shall cease from the date of such order, and he or she shall be
ineligible for judicial office. Upon an order for suspension,
the Justice or Judge of the Supreme Court or other judge shall
draw no salary and shall perform no judicial functions during the
period of suspension. Suspension shall not create a vacancy in
the office of Justice or Judge of the Supreme Court or other
judge.
(3) Upon order of the Supreme Court, a Justice or Judge
of the Supreme Court or other judge shall be disqualified from
acting as a Justice or Judge of the Supreme Court or other judge,
without loss of salary, while there is pending (a) an indictment
or information charging him or her in the United States with a
crime punishable as a felony under Nebraska or federal law or (b)
a recommendation to the Supreme Court by the Commission on
Judicial Qualifications for his or her removal or retirement.
(4) In addition to the procedure set forth in
subsections (1) and (2) of this section, on recommendation of the
Commission on Judicial Qualifications or on its own motion, the
Supreme Court (a) shall remove a Justice or Judge of the Supreme
Court or other judge from office when in any court in the United
States such justice or judge pleads guilty or no contest to a
crime punishable as a felony under Nebraska or federal law, and
(b) may suspend a Justice or Judge of the Supreme Court or other
judge from office without salary when in any court in the United
States such justice or judge is found guilty of a crime
punishable as a felony under Nebraska or federal law or of any
other crime that involves moral turpitude. If his or her
conviction is reversed, suspension shall terminate and he or she
shall be paid his or her salary for the period of suspension. If
he or she is suspended and his or her conviction becomes final
the Supreme Court shall remove him or her from office.
(5) All papers filed with and proceedings before the
commission or masters appointed by the Supreme Court pursuant to
this section prior to a reprimand or formal open hearing shall be
confidential. The filing of papers with and the testimony given
before the commission or masters or the Supreme Court shall be
deemed a privileged communication.
When the Commission on Judicial Qualifications
determines that disciplinary action is warranted, whether it be a
reprimand or otherwise, the Commission on Judicial Qualifications
shall issue one or more short announcements confirming that a
complaint has been filed; stating the subject and nature of the
complaint, the disciplinary action recommended or reprimand
issued, or the date of the hearing; clarifying the procedural
aspects; and reciting the right of a judge to a fair hearing.
When the Commission on Judicial Qualifications
determines that disciplinary action is not warranted, and the
existence of any investigation or complaint has become publicly
known, the judge against whom a complaint has been filed or
investigation commenced may waive the confidentiality of papers
and proceedings under this subsection.
The Supreme Court shall by rule provide for procedure
under this section before the commission, the masters, and the
Supreme Court.
(6) No Justice or Judge of the Supreme Court or other
judge shall participate, as a member of the commission, or as a
master, or as a member of the Supreme Court, in any proceedings
involving his or her own reprimand, discipline, censure,
suspension, removal, or retirement.
Judges; procedure for removal from office cumulative.
CV-31 These amendments are alternative to and
cumulative with the methods of removal of Justices and judges
provided in Article III, section 17, and Article IV, section 5,
of this Constitution, and any other provision of law relating to
the methods and manner of the removal of Justices, Judges, and
judges of the courts of this state.
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Article VI:
Qualifications of electors.
CVI-1 Every citizen of the United States who has
attained the age of eighteen years on or before the first Tuesday
after the first Monday in November and has resided within the
state and the county and voting precinct for the terms provided
by law shall, except as provided in section 2 of this article, be
an elector for the calendar year in which such citizen has
attained the age of eighteen years and for all succeeding
calendar years.
Who disqualified.
CVI-2 No person shall be qualified to vote who is non
compos mentis, or who has been convicted of treason or felony
under the laws of the state or of the United States, unless
restored to civil rights.
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