Nebraska State Constitution Article V-12

Article V-12

V-12.

District court judges may hold court for each other; retired judges, temporary duty.

The judges of the district court may hold court for each other and shall do so when required by law or when ordered by the Supreme Court. The Legislature may provide that any judge of the district court who has retired may be called upon for temporary duty by the Supreme Court.

Source

  • Neb. Const. art. VI, sec. 12 (1875);
  • Amended 1920, Constitutional Convention, 1919-1920, No. 15;
  • Transferred by Constitutional Convention, 1919-1920, art. V, sec. 12;
  • Amended 1970, Laws 1969, c. 420, sec. 1, p. 1434.

Annotations

Section 24-729 was enacted in response to this provision. ConAgra, Inc. v. Cargill, Inc., 223 Neb. 92, 388 N.W.2d 458 (1986).

District court is court of general jurisdiction of this state divided into judicial districts for the transaction of business; district court is one court of general jurisdiction with interchangeable judges, all exercising the same jurisdiction. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

Supreme Court is given power to order a district judge to serve in a district other than his own. Ruehle v. Ruehle, 161 Neb. 691, 74 N.W.2d 689 (1956).

District judge had jurisdiction to preside over murder trial in another district during absence of regular judge. Iron Bear v. Jones, 149 Neb. 651, 32 N.W.2d 125 (1948).

A district judge is not disqualified to serve in the district court of another district in the state. Rhodes v. Van Steenberg, 225 F.Supp. 113 (D. Neb. 1963).