Neb. Ct. R. § 1-604

The commission’s role in interviewing applicants for judicial positions includes a thorough assessment of each applicant’s competence, integrity, and judicial temperament. The receipt of information concerning those qualifications must be balanced with the applicant’s opportunity to respond to allegations that the applicant does not possess the qualifications of competence, integrity, and/or judicial temperament.

With those considerations in mind, as well as statutory provisions governing the confidentiality of communications, the following rules have been adopted to govern the communication process with the commission.

(A) All communications between members of judicial nominating commissions and between any member of the commission and any prospective applicant for judicial office, and all other communications with members of the commission except those at the public hearing, shall be confidential. Additionally, all such communications, including those at the public hearing, shall be privileged from use in any legal action, except one charging misconduct in office of a member of a judicial nominating commission or one involving contempt of court, or misconduct of an attorney, based on such communication.

(B) Any member of the public shall be entitled to attend a public hearing for any judicial vacancy and express, either orally or in writing, his or her views concerning applicants for the judicial vacancy. Written public comments may be submitted in lieu of in-person oral comments. Written public comments are public records and may be read or discussed during the public hearing and any private interview between the applicant and commission. There is no expectation of privacy in any oral or written public comment. Written public comments shall be submitted to the chairperson on or before the deadline set by the chairperson, using the form provided at appendix B.

(C) Unsolicited information is oral or written communication to the commission that is not identified as public comment under § 1-604(B) from individuals who support or oppose an applicant. Unsolicited information may, at the discretion of the chairperson, be shared in confidence with the applicant, but shall not be publicly disclosed by the applicant or the commission. Unsolicited information should be received by the commission on or before the deadline set by the chairperson in the hearing notice. Unsolicited information received by an individual commission member should be shared with the full commission before or during the commission’s private session and if appropriate, the information may be investigated by the commission.

(D) The Judge Reference Inquiry Form or Personal Reference Inquiry Form submitted in response to the investigation of the applicant is a confidential communication with the commission.

(E) Communications between the applicant and the commission during a private interview shall remain confidential, including after the active business of the commission has concluded.

(F) Anonymous communications, whether oral or in writing, received by the commission or any member of the commission regarding qualifications of an applicant shall not be considered by the commission.

(G) Unlawful attempts to influence any judicial nominating commission, as set forth in Neb. Rev. Stat. § 24-811, shall be considered contempt of the Nebraska Supreme Court and shall be reported to the appropriate disciplinary authority, if warranted.