Delgado v. Abramson

I recognize that the constitutionality of Neb. Rev. Stat. § 60-497.03 (Reissue 1993) has not been put in issue. However, I humbly suggest that such circumstance does not relieve us of our obligation to avoid even the appearance of impropriety. See Neb. Code of Jud. Cond., Canon 2 (rev. 1992).

It seems to me that § 60-497.03 impermissibly purports to impose upon an employee of the judicial department, the State Court Administrator, a duty more appropriately belonging to an executive department attorney. See, Neb. Const. art. II, § 1 (unless specifically provided otherwise, member of one of…