Nebraska Supreme Court Updates Judicial Conduct Comments on Public Statements

The comment section of the Nebraska Revised Code of Judicial Conduct related to judicial statements on pending and impending cases has been revised and updated.

On May 7, 2025, the Nebraska Supreme Court adopted amendments to the comments under Neb. Rev. Code of Judicial Conduct § 5-302.10. One key change includes an addition to the first comment, which now reads:

“When speaking, writing, or teaching about issues in cases or matters, a judge must take care that the judge’s comments do not impair public confidence in the independence, integrity, or impartiality of the judiciary.”

This supplements the original language:

“This Rule’s restrictions on judicial speech are essential to the maintenance of the independence, integrity, and impartiality of the judiciary.”

Additionally, new Comments 4 and 5 have been added to clarify that:

• Judges may speak publicly about the justice system and civics education.
• Judges and others subject to the Code may lead efforts to:
  • Help the public understand how courts work fairly.
  • Identify and address barriers to access to justice.
  • Develop civics education programs and legal presentations.
  • Participate in or support groups working to improve the law, legal services, or the administration of justice.

Judges may also engage with the media or the public to explain court actions, legal procedures, or general legal principles. Even in current or upcoming cases, judges may provide context by referencing public information found in pleadings, documentary evidence, or proceedings held in open court.

The original suggestion for additional comments was made by David Sachar, Director of the Center for Judicial Ethics for the National Center for State Courts in partnership with the Bench Media’s ON-AIR Working Group. Prior to submission to the Court, comments were reviewed and Judges Leigh Ann Retelsdorf and Todd Hutton on behalf of the Bench Media Committee, and by Judges Matt Acton and Julie Smith on behalf of the Judicial Ethics Committee.   

Article 3: Nebraska Revised Code of Judicial Conduct. § 5-302.10. Judicial statements on pending and impending cases.