24-729. Judges; retired; assignment; when; retired judge, defined.
The Supreme Court of Nebraska is empowered, with the consent of the retired judge, (1) to assign judges of the Supreme Court, Court of Appeals, and district court who are now retired or who may be retired hereafter to (a) sit in any court in the state to relieve congested trial dockets or to prevent the trial docket of such court from becoming congested or (b) sit for the judge of any court who may be incapacitated or absent for any reason whatsoever and (2) to assign any judge of the separate juvenile court, county court, or Nebraska Workers' Compensation Court who is now retired or who may be retired hereafter to (a) sit in any court having the same jurisdiction as one in which any such judge may have previously served to relieve congested trial dockets or to prevent the trial docket of any such court from becoming congested or (b) sit for the judge of any such court who may be incapacitated or absent for any reason. Any judge who has retired on account of disability may not be so assigned.
For purposes of sections 24-729 to 24-733, retired judge shall include a judge who, before, on, or after March 31, 1993, has retired upon the attainment of age fifty-five and has elected to defer the commencement of his or her retirement annuity to a later date.
Source
Annotations
The Nebraska Constitution clearly permits district court judges, retired or not, to act as associate Supreme Court judges when necessary for prompt submission and determination of causes. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).
This provision, which authorized the Supreme Court to assign retired district judges to sit in any court to relieve or prevent congested dockets, or to sit for a judge of any court who is incapacitated or absent, is not limited by article V, section 2, of the Nebraska Constitution, which expressly authorizes district judges to sit in specific cases. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).
Structure Nebraska Revised Statutes
24-106 - Presiding judge; daily record of proceedings.
24-107 - Written opinions to be reported; format.
24-108 - Judgment on conviction.
24-109 - Offenses occurring during preceding term.
24-201 - Supreme Court; how constituted; Chief Justice.
24-201.01 - Supreme Court judges; salary; amount; restriction on other employment of judges.
24-201.03 - Judges; salary increase; when effective.
24-201.04 - Supreme Court judicial districts; population figures and maps; basis.
24-203 - Transferred to section 24-741.
24-204 - Jurisdiction, original, appellate, and final.
24-205 - Supreme Court Education Fund; created; use; investment.
24-205.01 - Judicial Branch Education Advisory Committee; powers.
24-206 - Terms of court, special.
24-208 - Opinions; when filed.
24-211 - Clerk and reporter; salaries; how fixed; duties.
24-214 - Fee book; entries; duty of clerk.
24-216 - Fees; neglect or fraud in report; penalty.
24-217 - Supreme Court; bailiffs.
24-218 - Chief Justice; purchase liability insurance; for whom.
24-219 - Supreme Court; answer questions of law; when.
24-220 - Certification request; how invoked.
24-221 - Certification request; contents.
24-222 - Certification request; requirements; acceptance.
24-223 - Certification request; fees and costs.
24-224 - Certification request; Supreme Court; duties.
24-225 - Certification request; Supreme Court opinion; delivery.
24-226 - Use of electronic research capabilities; authorized; payment.
24-227.01 - Supreme Court Automation Cash Fund; created; use; investment.
24-228 - Assumption of district court expenses; when.
24-229 - Counsel for Discipline Cash Fund; created; use; investment.
24-231 - Supreme Court Attorney Services Cash Fund; created; use; investment.
24-232 - Eviction proceedings; annual report; contents.
24-301 - District judge; eligibility.
24-301.01 - District judge; judge of separate juvenile court; salary.
24-301.02 - District court judicial districts; described; number of judges.
24-302.01 - Transferred to section 25-2706.
24-304 - Terms of court, special.
24-305 - Absence of judge; adjournment from day to day.
24-306 - Absence of judge; adjournment until next regular term.
24-307 - Absence of judge; adjournment by written order.
24-308 - Failure of term; pending proceedings continued.
24-309 - Failure of term; persons recognized; sureties; liability.
24-310 - Final adjournment; effect.
24-311 - Transferred to section 24-1001.
24-313 - Inferior tribunal; powers over.
24-314 - Transferred to section 24-1002.
24-315 - Transferred to section 24-739.
24-317 - Transferred to section 24-734.
24-318 - Offenses at trial; order to investigate; order to prosecute; duty of county attorney.
24-319 - Transferred to section 25-21,201.
24-320 - Transferred to section 25-21,202.
24-321 - Transferred to section 25-21,203.
24-322 - Transferred to section 25-21,204.
24-323 - Transferred to section 25-21,205.
24-324 - Transferred to section 25-21,206.
24-325 - Transferred to section 25-21,207.
24-326 - Transferred to section 25-21,208.
24-327 - Transferred to section 25-21,209.
24-328 - Transferred to section 25-21,210.
24-329 - Transferred to section 25-21,211.
24-330 - Transferred to section 25-21,212.
24-331 - Transferred to section 25-21,213.
24-332 - Transferred to section 25-21,214.
24-333 - Transferred to section 25-21,215.
24-334 - Transferred to section 25-21,216.
24-335 - Transferred to section 25-21,217.
24-336 - Transferred to section 25-21,218.
24-337.01 - Clerk of the district court; assist clerk of county court; agreement; contents.
24-337.02 - Transferred to section 24-1005.
24-337.03 - Transferred to section 25-2214.01.
24-337.04 - Clerk of district court; residency.
24-342 - Transferred to section 25-1140.09.
24-342.01 - Transferred to section 24-1004.
24-342.02 - Transferred to section 24-1003.
24-345 - Funds uncalled for; payment to State Treasurer; clerk's liability discharged.
24-349 - Sections, how construed.
24-350 - Bailiff; term; compensation.
24-401 - Clerk of Supreme Court; clerks of district and county courts; deputies.
24-402 - Clerk; liability for acts of deputy.
24-403 - District and county court clerks; deputies; acknowledgments; validity.
24-502 - Court of record; location.
24-503 - County judge districts; created; number of judges; membership.
24-505.01 - County judge; eligibility.
24-506 - Presiding judge; selection; departments.
24-508 - Clerk magistrate; duties; qualifications; education requirements.
24-509 - Judge; clerk magistrate; oath; filing.
24-511 - Clerk; powers; duties.
24-513 - County judge; salary; class; expenses.
24-514 - Salaries; expenses; operational costs; payment; property purchased by county; how treated.
24-519 - Clerk magistrate; duties.
24-520 - Clerk magistrates; assignment; written orders.
24-521 - Nebraska County Court Judges Association; created; duties.
24-522 - Transferred to section 25-2802.
24-523 - Transferred to section 25-2803.
24-524 - Transferred to section 25-2804.
24-525 - Transferred to section 25-2805.
24-526 - Transferred to section 25-2806.
24-527 - Transferred to section 25-2807.
24-528 - Transferred to section 25-2701.
24-530 - Transferred to section 25-2710.
24-531 - Transferred to section 25-2711.
24-532 - Transferred to section 25-2712.
24-532.01 - Transferred to section 25-2713.
24-533 - Transferred to section 25-2703.
24-534 - Transferred to section 23-1701.04.
24-535 - Transferred to section 25-2704.
24-536 - Transferred to section 25-2705.
24-537 - Transferred to section 25-2720.
24-538 - Transferred to section 25-2718.
24-539 - Transferred to section 25-2721.
24-540 - Transferred to section 25-2707.
24-541.01 - Transferred to section 25-2728.
24-541.02 - Transferred to section 25-2729.
24-541.03 - Transferred to section 25-2730.
24-541.04 - Transferred to section 25-2731.
24-541.05 - Transferred to section 25-2732.
24-541.06 - Transferred to section 25-2733.
24-541.07 - Transferred to section 25-2734.
24-541.08 - Transferred to section 25-2735.
24-541.09 - Transferred to section 25-2736.
24-541.10 - Transferred to section 25-2737.
24-551 - Transferred to section 25-2738.
24-552 - Transferred to section 24-740.
24-553 - Transferred to section 25-2709.
24-554 - Transferred to section 25-2723.
24-555 - Transferred to section 25-2724.
24-556 - Transferred to section 25-2725.
24-557 - Transferred to section 25-2726.
24-558 - Transferred to section 25-2727.
24-559 - Transferred to section 25-2708.
24-560 - Transferred to section 25-2714.
24-561 - Transferred to section 25-2715.
24-562 - Transferred to section 25-2716.
24-563 - Transferred to section 25-2717.
24-567 - Transferred to section 25-2722.
24-568 - Transferred to section 25-21,219.
24-569 - Transferred to section 25-21,220.
24-570 - Transferred to section 25-21,232.
24-571 - Transferred to section 25-21,221.
24-572 - Transferred to section 25-21,222.
24-573 - Transferred to section 25-21,223.
24-574 - Transferred to section 25-21,224.
24-575 - Transferred to section 25-21,225.
24-576 - Transferred to section 25-21,226.
24-577 - Transferred to section 25-21,227.
24-578 - Transferred to section 25-21,228.
24-579 - Transferred to section 25-21,229.
24-580 - Transferred to section 25-21,230.
24-581 - Transferred to section 25-21,231.
24-582 - Transferred to section 25-21,233.
24-583 - Transferred to section 25-21,234.
24-584 - Transferred to section 25-21,235.
24-585 - Transferred to section 25-2702.
24-585.01 - Transferred to section 25-2719.
24-593 - Municipal court employees; transfer to county court; salary and benefits.
24-594 - Exercise of jurisdiction; ratified.
24-595 - Transferred to section 25-2232.
24-596 - Transferred to section 25-2233.
24-597 - Transferred to section 25-2234.
24-598 - Transferred to section 25-2235.
24-599 - Transferred to section 25-2236.
24-5,100 - Transferred to section 23-1701.02.
24-5,101 - Transferred to section 25-2231.
24-5,102 - Transferred to section 25-2237.
24-5,103 - Transferred to section 25-2238.
24-5,104 - Transferred to section 25-2239.
24-5,105 - Transferred to section 25-2230.
24-5,106 - Transferred to section 25-2229.
24-601 - Transferred to section 30-3201.
24-601.01 - Transferred to section 30-3207.
24-601.02 - Transferred to section 30-3202.
24-601.03 - Transferred to section 30-3203.
24-601.04 - Transferred to section 30-3209.
24-601.05 - Transferred to section 30-3208.
24-602 - Transferred to section 30-3204.
24-603 - Transferred to section 30-3210.
24-604 - Transferred to section 30-3211.
24-604.01 - Transferred to section 81-120.
24-605 - Transferred to section 30-3212.
24-619 - Transferred to section 48-2001.
24-620 - Transferred to section 48-2002.
24-621 - Transferred to section 30-3302.
24-622 - Transferred to section 30-3303.
24-623 - Transferred to section 30-3304.
24-624 - Transferred to section 30-3305.
24-625 - Transferred to section 30-3306.
24-626 - Transferred to section 30-3307.
24-627 - Transferred to section 30-3308.
24-628 - Transferred to section 30-3309.
24-629 - Transferred to section 30-3310.
24-630 - Transferred to section 30-3311.
24-631 - Transferred to section 30-3301.
24-632 - Transferred to section 30-3213.
24-633 - Transferred to section 30-3214.
24-634 - Transferred to section 30-3215.
24-635 - Transferred to section 30-3216.
24-636 - Transferred to section 30-3217.
24-637 - Transferred to section 30-3218.
24-638 - Transferred to section 30-3205.
24-639 - Transferred to section 30-3206.
24-701.02 - Changes to act; operative; when.
24-703.01 - Participation in retirement system; requirements.
24-703.03 - Elections authorized.
24-705 - Technical and administrative employees; actuary; report; expenses.
24-706 - Termination of employment; return of contributions, when; rejoining system.
24-706.01 - Termination of employment prior to eligibility to retire; rejoining system; effect.
24-707.01 - Surviving spouse; benefits; applicable, when.
24-708 - Retirement of judge; when; deferment of payment; board; duties.
24-708.01 - Retired member; reemployment; how treated.
24-710 - Judges; retirement annuity; amount; how computed; cost-of-living adjustment.
24-710.01 - Judges; alternative contribution rate and retirement benefit; election; notice.
24-710.02 - Retirement benefits; exemption from legal process; exception.
24-710.03 - Judges; purchase of service credit; application of section.
24-710.04 - Reemployment; military service; credit; effect.
24-710.05 - Direct rollover; terms, defined; distributee; powers; board; powers.
24-710.06 - Retirement system; accept payments and rollovers; limitations; board; powers.
24-710.12 - Retirement system; accept transfers; limitations; how treated.
24-710.14 - Judges who became members on or after July 1, 2015; annual benefit adjustment.
24-710.15 - Judges who became members on and after July 1, 2015; cost-of-living payment.
24-712 - Annuity payments; continuation; physical examinations, when; cost.
24-713 - State Treasurer; duties; warrants.
24-713.01 - Limitation of actions.
24-713.02 - Retirement system contributions, property, and rights; how treated.
24-713.03 - Termination of system or contributions; effect.
24-714 - Retirement of judge; effect; filling of vacancy.
24-715 - Commission on Judicial Qualifications; created; members; appointment.
24-716 - Commission; members; term; vacancy.
24-717 - Commission; organization; officers.
24-718 - Commission; compensation; expenses.
24-719 - Commission; meetings; quorum; annual report.
24-720 - Commission; complaints and requests; form.
24-722 - Justice or judge; discipline or removal; grounds.
24-723.01 - Justice or judge; disqualification without loss of salary; Supreme Court order; when.
24-723.02 - Justice or judge; removal or suspension by Supreme Court; grounds.
24-725 - Commission; budget; submit.
24-726 - Proceedings prior to formal hearing; confidential.
24-727 - Supreme Court; procedure; rule; adopt.
24-728 - Judge or justice; own discipline, removal, or retirement; participation prohibited.
24-729 - Judges; retired; assignment; when; retired judge, defined.
24-730 - Retired judge; temporary duty; compensation.
24-731 - Retired judge; temporary duty; expenses.
24-733 - Retired judge; temporary duty; request for compensation and expenses.
24-734 - Judges; powers; enumerated.
24-739 - Disqualification of judge; grounds.
24-740 - Probate; disqualification of judge.
24-741 - Judges; when ineligible as candidates for other offices.
24-801 - Judicial nominating commissions; subject to sections.
24-801.01 - Judicial nominating commission; members; oath.
24-802 - Judicial nominating commission; residence requirements.
24-804 - Judicial nominating commissions; judges of Supreme Court; service as members.
24-805 - Judicial nominating commissions; members serve on no more than one commission; exceptions.
24-806 - Judicial nominating commission; lawyer members; qualifications; nominations; election.
24-807 - Judicial nominating commission; lawyer members; certificate of selection.
24-808 - Judicial nominating commissions; vacancies; filled, how.
24-809 - Judicial nominating commission; chairperson; manner of voting; vacancies; procedure.
24-809.01 - Transferred to section 24-1201.
24-809.02 - Transferred to section 24-1202.
24-809.03 - Transferred to section 24-1203.
24-809.04 - Judicial vacancy; date of final determination.
24-809.05 - Judgeship; primary office; relocation of judge authorized; when.
24-811 - Judicial nominating commissions; unlawful to attempt to influence; violations; penalty.
24-811.01 - Judicial nominating commission; nominations; number; considerations.
24-811.02 - Judicial nominating commission; send report to State Court Administrator; contents.
24-812 - Judicial nominating commissions; members; communications; confidential.
24-812.01 - Judicial nominations; Supreme Court; promulgate rules.
24-813 - Judicial officeholders; subject to sections.
24-814 - Judicial officeholder; continuance in office; request in writing to be retained.
24-816 - Judicial officeholder; retention election; how conducted.
24-817 - Judicial officeholder; retention election; determination by vote of electorate.
24-818 - Judicial officeholder; request to be retained; failure to file; vacancy.
24-819 - Judges; full term; commencement; end.
24-820 - County judge; selection; retained in office; vacancy, how filled.
24-901 - Transferred to section 25-412.01.
24-902 - Transferred to section 25-412.02.
24-903 - Transferred to section 25-412.03.
24-904 - Transferred to section 25-412.04.
24-1001 - Proceedings to be public.
24-1002 - Oaths and affirmations; power to administer.
24-1004 - Records and exhibits; preservation; disposition.
24-1005 - Records; preservation duplicate; admissible in evidence; destruction of original record.
24-1006 - Clerk; judicial statistics; report.
24-1101 - Court of Appeals; created; panels; judges; appointment; salary; other laws applicable.
24-1103 - Active or retired judges; assignment; expenses.
24-1104 - Decisions; form; when published.
24-1105 - Cases pending on September 6, 1991; assignment to Court of Appeals.
24-1106 - Jurisdiction; direct review by Supreme Court; when; removal of case.
24-1107 - Decision; review by Supreme Court.
24-1108 - Administrative office; arguments heard throughout state; judge's offices.
24-1201 - Judicial Resources Commission; created; membership; quorum.
24-1202 - Judicial Resources Commission; term; vacancy.
24-1203 - Judicial Resources Commission; expenses.
24-1204 - Existence of judicial vacancy; determination.
24-1205 - Judgeships; annual hearing; recommendations.
24-1206 - Commission; basis for determination; report to Legislature; legislative action.