Three prospective candidates to fill a vacancy on the Nebraska Supreme Court have been forwarded to Gov. Pete Ricketts. This will be Ricketts first opportunity to select a justice for the state’s highest court.
The candidates forwarded by the
bi-partisan Judicial Nominating Commission all but assure the court’s newest
member will be a woman for only the second time in the state’s history.
The three remaining candidates
are:
- Judge Riko Bishop, serving on the Nebraska Court of Appeals since 2013.
- Amie Martinez, a private practice attorney and president of the Nebraska Bar Association.
- Judge Stephanie Stacy, a Lancaster County District Court judge appointed in2011.
Gary Young, a private practice
attorney in Lincoln, applied for the open seat was not advanced for
consideration.
The new judge will replace Kenneth C. Stephan of the First Judicial District, serving the Lincoln area. Stephan retired July 1 after 18 years on the Supreme Court.
The nine-member commission made
their recommendation shortly after each of the candidates spoke at a public
hearing to review their qualifications.
No one spoke in opposition to
any of the four.
 |
| Bishop |
In her presentation Judge Bishop
emphasized her experience on the Court of Appeals, reviewing lower court cases
when challenged for procedural reasons or when someone claims the law was
applied improperly. She was the only candidate with experience at the bench
with appellate court experience similar to the role of the Supreme Court. On
seven occasions she temporarily filled in for absent justices on cases heard by
the high court.
Bishop noted she had also worked
on solving issues facing the state’s judicial branch including racial disparity
on juries, expanding the services of foreign language interpreters in the
courtroom, and re-examining how divorce cases are handled with the potential
impact on the children of the separating couple in mind.
 |
| Stacy |
Judge Stacy may be
best known as the Lincoln-based judge who temporarily put the brakes on the XL
Keystone pipeline project. Her judgment, arguing the state had given the
project approval was unconstitutional, was later overturned by the state
Supreme Court. Stacy had been appointed by then Gov. Dave Heinemann, whom she
ruled against.
While not referring to any
specific case in her appearance before the nominating commission, Stacy noted
that as a District Court judge in the home jurisdiction of the state capitol it
gave her a unique opportunity to review cases from all arenas of government.
From the time she passed the bar
exam, Stacy said she wanted to get into a courtroom immediately as a judge
actively applying and interpreting the law. She called her application to the
state’s highest court “a natural evolution” in her 28-year career in the law.
 |
| Martinez |
Amie Martinez began her
presentation with a most unusual introduction. She explained that because of a
lingering outbreak of shingles she had lost muscle control in parts of her
face. She wanted members of the commission to understand the reason she had
difficulty smiling, raising her eyebrow and saying the letter “P.”
While the only advancing
candidate without experience in a courtroom, Martinez made the case that two
decades of appearances in state and federal courts at all levels gave her a
through understanding of the job and the responsibilities.
Stating she was ready for “a new
challenge,” Martinez said her primary interest was in the appellate courts and
she had no interest in becoming a judge at the county or district level.
Questions had been raised about
whether Martinez should be disqualified for the position, having recently
served on the Judicial Nominating Commission. Ordinarily members must wait two
full years to submit their names to be considered for an open judgeship.
Martinez was asked if she wanted
to address the matter during the public hearing but elected to answer questions
commission members might have in a closed-door session.
There is no word on how quickly
Gov. Ricketts will make his selection.
