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Yahoo
27-05-2025
- Business
- Yahoo
Nebraska judges again likely to receive pay raises, consistent since 2005
Justices of the Nebraska Supreme Court (and when they were appointed), front row from left: Lindsey Miller-Lerman (1998), Chief Justice Jeffrey Funke (appointed 2016, elevated to chief 2024) and William Cassel (2012). Back row, from left: Jonathan Papik (2018), Stephanie Stacy (2015), John Freudenberg (2018) and Jason Bergevin (2025). (Courtesy of the Nebraska Supreme Court) LINCOLN — As pay raises for Nebraska's constitutional officers and state lawmakers remain stagnant for decades, the state's 148 judges are once again likely to receive salary bumps over the next two fiscal years, as they've had for 31 of the past 36 years. Nebraska judges have routinely gotten salary bumps since 2005, with annual July 1 increases in all but 2018. Even then, to make up for it, judges got two raises in 2019: Jan. 1 and July 1. This year, Legislative Bill 513, from State Sen. Carolyn Bosn of Lincoln, as chair of the Legislature's Judiciary Committee, seeks to offer 1.5% salary raises in each of the next two fiscal years — on July 1 and again July 1, 2026. Under LB 513, which is one vote away from passing, the seven justices on the Nebraska Supreme Court would be paid $228,431.18 on July 1. This would rise to $231,857.65 on July 1, 2026. Recent history of Nebraska judicial salaries History of judicial, executive, legislative salaries The increases would cost taxpayers about $1.5 million and leave the state with about $1.1 million in wiggle room for any other budget priorities for the next two years. Remaining judges are paid a percentage of what Supreme Court justices are paid: Court of Appeals (six judges): 95%, currently $213,802.58. District Courts (58 judges): 92.5%, currently $208,176.20. Separate Juvenile Courts (12 judges, Douglas, Lancaster and Sarpy Counties): 92.5%, currently $208,176.20. Workers' Compensation Court (seven judges): 92.5%, currently $208,176.20. County Courts (58 judges): 90%, currently $202,549.82. Under state law, members of the Nebraska Tax Equalization and Review Commission also get salary and benefit increases when state judges do. While largely a consensus issue, LB 513 has drawn pushback from mostly left-leaning senators who question the increases amid the state's ongoing budget woes and ask whether the funds should be diverted to other priorities. The governor's staff, too, has noted judicial salaries are already nationally competitive. His line-item vetoes of other judicial branch spending remain unresolved. State senators last got a salary increase, from $4,800 to $12,000, in January 1989, which is baked into the Nebraska Constitution and harder to change. Constitutional officers, such as the governor, attorney general and secretary of state, last got raises in 1991, 2003 and 2007. Legislative efforts to increase lawmaker or constitutional officer pay have likely stalled for the year. Bosn, a former prosecutor, described the 'modest increase' in LB 513 as appropriate for the hardworking judiciary. She said that 1.5% raises are less than half what other state employees are getting in the next two-year state budget and about 1.2% of inflation for the Midwest for the past year. Part of the importance, Bosn said, is in encouraging applications for a diverse judicial branch, as salaries for private attorneys can eclipse those of public servants. As a result, many applicants come from local county attorneys offices or the Nebraska Attorney General's Office. 'When you have a diverse group of individuals who are the judges, they can work together, they can have those conversations and try and come to the best solutions that benefit all of us,' Bosn said during debate on LB 513 earlier this month. Tim Hruza, on behalf of the Nebraska State Bar Association, citing a State Bar Association study in 2022, told the Appropriations Committee in March that an average partner at a law firm makes about $250,000 for the experience he said one would hope to see in judicial applicants. 'We have great judges. We have quality candidates coming through,' Hruza told the Appropriations Committee. 'We want to see a more robust process where [more] people are applying for these and that we're getting great candidates.' Nebraska Supreme Court Chief Justice Jeffrey Funke, who previously served as a county and district judge, told lawmakers this year that 'very rarely' will private attorneys apply because it is more 'financially lucrative' to remain a private attorney. He said LB 513 could help attract and retain good lawyers for the Nebraska judiciary. Nebraska judges are retained every six years by a vote of the people divided in distinct judicial districts. Since the system was implemented in 1962, eight judges have been removed, including one justice. The last judge removed was in 2008. This means that, barring the very rare power of impeachment, judicial appointments can largely be for life, or until retirement. Hruza and Funke were among a handful of supporters of the original LB 513 seeking 4% raises each of the next two years before it was pared back in April to annual 1.5% increases. In 2023, lawmakers approved salary bumps of 6% on July 1, 2023, and 7% on July 1, 2024. Those raises brought Nebraska Supreme Court justices and judges on the Nebraska Court of Appeals above $200,000 in 2023, a feat that the remaining 135 judges surpassed in 2024. While the consecutive pay bumps are noteworthy on their own, LB 513 is making waves by generating some of the most pushback similar bills have gotten in more than a decade. It's common for one or two senators to oppose the raises, but six senators opposed the salary increase in 2013, in a 41-6 vote. No senators voted against the 2023 raises, passing 40-0. State Sens. Machaela Cavanaugh of Omaha, Danielle Conrad of Lincoln, Terrell McKinney of Omaha and Ashlei Spivey of Omaha are among those who argue that, given the state's structural budget concerns, judicial pay raises aren't a top priority. 'I think it sends the wrong message to use taxpayer dollars to have more significant raises for judges, who are fair-minded and work hard, but who are already making more than their peers in many instances,' Conrad, a civil rights attorney, said earlier this month. Conrad noted that Nebraska judges' salaries are in the top 20 nationwide, and district judges are in the top 10. Funke shared those figures himself when he supported LB 513. A spokesperson for Gov. Jim Pillen also noted the national rankings. Under questioning from Conrad, Bosn said she anticipates the governor would sign the pared-back version of LB 513. Pillen's office has declined to say publicly whether Pillen would sign or veto LB 513. Passing LB 513 would follow Pillen's intended line-item veto of $12 million to the judicial branch. The vetoes are being ignored after legislative leaders last week said Pillen's office may have run afoul of the Nebraska Constitution and not have properly delivered the line-item vetoed bills in time to the Legislature. The matter could come under scrutiny in Nebraska courts. 'Every branch of government must contribute to balancing our state budget,' Pillen said last week in announcing his targeted budget vetoes. Of LB 513, McKinney said he had a hard time justifying the increases while other court services, such as juvenile probation, were at risk without more funding. Spivey said some state agencies under the governor have struggled to attract talent and while some requested budget increases to try to do so, the Appropriations Committee didn't fulfill every request. Similar to McKinney, she said it would be wiser to prioritize and invest in actual court services at this time. 'It doesn't mean that the judges are not important or that we can't look at competitive salaries,' Spivey said. 'It's just not the right time.' Cavanaugh, who serves on the budget-writing Appropriations Committee with Spivey, said it was maybe the year to 'hit pause' amid the consecutive increases. 'We got to tighten our belts and suspenders or whatever article of clothing you want to quote,' Cavanaugh said during debate. State Sen. Bob Hallstrom of Syracuse, an attorney, defended the increases. He said it's sometimes overlooked how much time judges put in, often away from their courthouses, 'pouring' over court files and weighing decisions that they know will affect peoples' lives. State Sen. Rob Clements of Elmwood, chair of the Appropriations Committee, also supported the pared-back pay increases as a 'reasonable request.' As lawmakers worked toward a balanced budget for the next two years, Clements sought to leave enough wiggle room with LB 513 in mind. He also helped protect salary and health insurance increases for other state employees across the three branches of government. Clements has said he expects LB 513 will pass. Hallstrom, a freshman member of the Judiciary Committee, also cited those pay raises, up to 3.5% in some cases, as a reason LB 513 is needed. 'If it was my preference, I would prefer to treat judges in the same fashion,' Hallstrom said. The increases to judges' salaries are considered annual appropriations bills, but unlike the mainline bills that the Appropriations Committee considers, the Judiciary Committee chair routinely introduces pay increases to be considered by their committee. That's a process left in place from the days of former State Sen. Ernie Chambers of Omaha. State law requires that the governor have at least two candidates to choose from when filling a judicial vacancy. However, Funke and Bosn noted that sometimes there are only two qualified lawyers. In those cases, if one candidate is not forwarded on, the search process restarts. Such a scenario happened around the Norfolk area in March for a district court judge who retired in January. Pillen named a successor May 14 after the delay. Retired Lancaster County District Judge Rob Otte, past chair of the Nebraska State Bar Association's House of Delegates and current president of the Nebraska Lawyers Foundation, told the Judiciary Committee in February he took a pay cut when he became a judge. Otte, who retired in 2022, said he thought a robust crop of candidates would vie for his seat. However, only three applicants came and none from private practice. 'Despite my personal calls and having coffee and lunch with more than two dozen private practicing lawyers, I could get not one to put their name in the hat to be a district court judge,' Otte said. Otte said he often hears that judges' salaries should be compared to other government employees. He said that while he tends to agree, senators should 'decouple' that thinking and look at what's best for judges. 'You want the best, not the cheapest,' Otte said in February. Lancaster County Judge Holly Parsley, president of the Nebraska County Judges Association, said county judges review arrest and search warrants at any time of the day and must handle the 'awesome responsibilities' of the position they have been entrusted with. She looked to the guidance of former U.S. Supreme Court Justice Stephen Breyer that 'the integrity, wisdom and independence of judges are the cornerstones of a just society.' 'Without good judges, the rule of law is but an empty promise,' Parsley said. In a similar vein, Funke said, 'judges solve legal problems and disputes, both large and small, and do so with patience and grace.' 'Every case is important to someone, and every case is important to our judges,' he testified in February. 'There is no better investment you can make in the future of state government than investing in competitive salaries for the judiciary.' SUBSCRIBE: GET THE MORNING HEADLINES DELIVERED TO YOUR INBOX
Yahoo
28-01-2025
- Politics
- Yahoo
Chief Justice Funke's first ‘State of the Judiciary' lauds probation services, calls for more funds
Chief Justice Jeffrey Funke greets state lawmakers after his first annual State of the Judiciary address. Jan. 28, 2025. (Zach Wendling/Nebraska Examiner) LINCOLN — In his first annual address to lawmakers Tuesday, Nebraska's new Supreme Court chief justice called for more funding for court areas such as language interpreters, cybersecurity, veterans' courts and an 'archaic' case document filing and management system. Chief Justice Jeffrey Funke, in his 'State of the Judiciary' address, praised several parts of the state court system, saying its probation services for adults and juveniles are considered national models. Yet, he said, that Nebraska continues to have some of the nation's most crowded prisons and, despite a drop in the state's crime rate, rates of incarceration have increased. Successes of the Judicial Branch are impaired, Funke said, by funding holes in integral areas including the 'JUSTICE' system that manages cases for judges, attorneys, staff and the public. Reflecting back, he noted that JUSTICE was implemented in 1994 — 'the same year Ben Nelson was Nebraska's governor and the Cornhuskers won a national championship in football.' Said Funke: 'We can no longer operate in the past.' The Nebraska City native, elevated to the post in October, called for additional funding from the Legislature to augment a $1.7 million grant aimed at creating 'Justice 2.0.' He said modernization will enable judges, attorneys, court staff and the public to navigate cases more efficiently. We have done what you have asked. It is essential that the Judicial Branch receive adequate funding for the next biennium to sustain the progress we have made. – Chief Justice Jeffrey Funke Another concern underscored in the half-hour talk to the public and state senators in the Legislative Chambers: the lack of behavioral health services — an area Funke said must be prioritized. While largely outside the direct purview of the judicial system, mental health challenges lead many Nebraskans into crime and abuse and neglect of children, Funke said. 'The lack of treatment options means that our citizens are not getting the care they need, which reduces their chances of stability and recovery,' he said. Last year, more than 6,000 people participated in financial assistance programs for behavioral health services under probation services. Still, Funke said, health organizations report a significant shortage of available providers. He said reimbursement rates are not keeping pace with the costs of delivering services. As a result, options are limited for judges at sentencing times and for officials leading probation services, problem-solving courts and post-release supervision. Another top need Funke addressed is salary increases so the Judicial Branch can retain and compete for talent. He said the high court sought funds from the Legislature in 2023 to raise pay for interpreters, to add an adult drug court for Platte County, a veterans' treatment court in Sarpy County and three additional IT staff members for cybersecurity and cloud-based IT management. While the Legislature supported those efforts by increasing personnel spending limits, it did not direct any new funds. Funke said existing dollars soon will be exhausted — and he said more are needed. 'We have done what you have asked,' said Funke, joined in the chambers by fellow members of the State Supreme Court. 'It is essential that the Judicial Branch receive adequate funding for the next biennium to sustain the progress we have made.' Organizations including the civil rights organization, ACLU Nebraska, weighed in. Legal director Rose Godinez said she heard from Funke a 'keen understanding of the importance of strengthening diversion and reentry programs to achieve better outcomes for us all.' 'His acknowledgment of Nebraska's costly overcrowded prisons, his support for growing problem-solving courts, and his commitment to access to justice — including language access — were all on target,' Godinez said. 'We look forward to continued partnerships with the judicial branch to help advance our shared goals.' Giving the annual address may be new to Funke, appointed by Gov. Jim Pillen to replace former Chief Justice Mike Heavican of Lincoln, who retired in October after having been the second-longest serving Chief Justice, at 18 years. But Funke, appointed as an associate justice in 2016, said he is familiar with the 'excellent work' of judicial branch staff to help ensure that Nebraskans have a forum to resolve disputes. He said the core functions of courts have been expanded over the years, with new and innovative ways to administer justice, sometimes increasing public safety and saving taxpayer dollars. 'More work is to be done.' Other highlights of Funke's speech: In the area of Adult Probation, the Chief Justice noted 2014 and 2021 criminal justice reform efforts aimed at reducing high costs of incarceration and diverting less serious felons from prison to probation. Today, he said, adult probation officers supervise more than 14,000 people across Nebraska, and the recidivism rate for those successfully completing probation 'is an exceptional 19%.' That's the percentage that relapsed into crime within three years of release. In June, the Supreme Court approved the first-ever strategic plan for adult probation services. Funke said a goal is to ensure that Nebraska probation remains a 'national model' of sentencing alternatives for courts. The average cost to imprison a person in Nebraska Is $41,000 per year, he said, compared to $3,500 per person annually for probation. Post-release supervision came about after the 2014 justice reforms showed that Nebraska's felony sentencing system failed to provide adequate supervision upon an individual's release from prison. On a daily average, 1,300 individuals are supervised under the program and must comply with court-ordered conditions including maintaining a job, participating in behavioral health services and keeping away from crime. Less than 10% of those under post-release supervision returned to prison due to a probation revocation — a sign, Funke said, that the program has prevented crime. Nebraska's problem-solving courts provide highly supervised treatment for military veterans and those battling substance abuse and mental illness. Participation is at nearly 800 people, and Funke has called for more funds to expand the programs to more parts of the state. He said the recidivism rate for those who successfully graduate from a problem-solving court is 24%. Today, adult drug courts are in every judicial district. Trial court judges have implemented four veterans treatment courts, two reentry courts, one young adult court, a mental health court and a DUI court. Juvenile court judges have implemented two family treatment courts and a juvenile drug court. Nebraska judges volunteer to preside over the labor-intensive courts. Juvenile Probation, on any given day, serves nearly 2,700 youths. Funke described the program as a 'nationwide leader' with an all-time low of 17% of the youths returning to crime after a year of completing the program. However, he said, juveniles who commit violent crime remain a priority focus. 'Though this population comprises only 3% of the total juveniles on probation, it requires our full attention,' he said, noting a new effort with the Nebraska Department of Health and Human Services to better transition young offenders back into communities. As part of an effort to improve 'access to justice,' Nebraska developed a pilot project in Douglas County to help self-represented litigants file and process documents in their cases. The goal, Funke said, is to expand statewide, especially in rural areas and for low-income court users. He said the state also began collaborating with foreign consulates to produce videos in languages beyond English to detail court processes and the role of interpreters. The court system expanded services for those with hearing loss, and nearly every courtroom in the state is equipped with infrared assistive listening devices at no expense to county governments. 'Regarding remote access, our trial court judges have made significant strides in using technology to enable communication, document sharing and teamwork between courthouses,' Funke said. He said technology advancements have opened virtual courtrooms and allowed remote hearings that reduce travel and enhance scheduling flexibility. 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