Judiciary Committee
February 21, 2025
Committee Chair: Sen. Carolyn Bosn | Bills Heard: 4 | Full Transcript (PDF)
LB513: Judicial salary increase
Introduced by: Sen. Carolyn Bosn | Testimony: 3 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Nebraska judges seek 4% pay raise to compete with private practice. Chief Justice Jeff Funke told the Judiciary Committee that judicial salaries must keep pace with private sector earnings to attract qualified lawyers, warning that recent years have seen insufficient applicants for open judgeships.
Why it matters: Nebraska ranks roughly top 18 nationally in judicial pay, but private practice attorneys earn $260,000 or more. Without competitive compensation, the state risks losing qualified candidates and may struggle to fill vacancies—a problem that has already occurred multiple times in the past decade.
What they're saying: - Funke: "There is no better investment you can make in the future of state government than investing in competitive salaries for the judiciary." - Judge Holly Parsley: County judges handle misdemeanor cases, civil disputes, probate, guardianships, and must review search warrants at any hour—all without law clerk support. - Retired Judge Rob Otte: When his district court seat opened, only three applicants applied from a county of 325,000, with zero from private practice despite personal outreach.
By the numbers: In eight district court vacancies over three years, only eight of 40 applicants came from private practice, and zero were appointed. Judges received 7% and 6% raises in the previous biennium.
What's next: No vote was taken. The bill appears to have broad committee support, with no opponents testifying.
Committee sentiment: Supportive: Sen. Jared Storm, Sen. Bob Hallstrom, Sen. Victor Rountree
Sentiment estimated from questions and comments — not stated positions.
LB412: Paternity standing in asbestos-related cases
Introduced by: Sen. Bob Hallstrom | Testimony: 0 proponents, 0 opponents, 1 neutral | Read bill text (PDF)
Nebraska lawmaker seeks to overturn Supreme Court ruling that blocked biological father from establishing paternity. Sen. Bob Hallstrom introduced LB412 to address a decision that denied standing to an alleged father despite genetic testing showing 99.9% probability he fathered twins born during the mother's marriage to another man.
Why it matters: The Chatterjee decision prioritizes marital status over biological reality, creating what Hallstrom calls an "injustice." Even the dissenting opinion—written by now-Chief Justice Jeff Funke—argued the law should allow biological fathers to rebut the presumption of legitimacy.
What they're saying: - Sen. Hallstrom: "It defies logic, even under the statute as Chief Justice Funke noted in his dissenting opinion." - Tim Hruza, Nebraska State Bar Association: The bar agrees the Chatterjee decision needs fixing but expressed concerns about "unintended consequences" in the bill's current language, particularly regarding family stability.
What's next: No vote was taken. The Nebraska State Bar Association appeared in neutral capacity and committed to working with Hallstrom on revised language. Hallstrom acknowledged the bill "may not be the precise language to get it done" and pledged to collaborate with the bar association and practicing attorneys.
Committee sentiment: Supportive: Sen. Carolyn Bosn
Sentiment estimated from questions and comments — not stated positions.
LB340: Asbestos litigation transparency and claims reform
Introduced by: Sen. Bob Hallstrom | Testimony: 2 proponents, 1 opponents, 0 neutral | Read bill text (PDF)
Asbestos litigation bill sparks clash over transparency versus delay tactics. Sen. Bob Hallstrom's LB340 would require plaintiffs to disclose bankruptcy trust claims to solvent defendants and establish criteria for prioritizing claims by sick plaintiffs, but trial lawyers warn it could allow defendants to repeatedly delay cases until plaintiffs die.
Why it matters: Mesothelioma patients have roughly 18 months to live. The bill allows defendants to halt litigation by requiring plaintiffs to file additional trust claims, with no limit on delays. Meanwhile, Nebraska has never tried an asbestos case to verdict, raising questions about whether the law addresses real problems or creates new ones.
What they're saying: - Mary Margaret Gay (proponent): Bankruptcy trusts hold $36.8 billion collectively. Plaintiffs can simultaneously file trust claims and civil suits without disclosing recoveries, allowing "double-dipping." Average mesothelioma recoveries: $800,000 to $1 million across multiple trusts. - Elizabeth Govaerts (opponent): "There has never been a case tried to verdict in Nebraska involving asbestos." Nebraska law already prohibits suing product sellers unless they manufactured the product. The bill imposes special pleading requirements unique to asbestos and allows defendants to "hit the stop button" repeatedly. - Sen. DeBoer: Questioned whether the 30-day disclosure requirement converts notice pleading to fact pleading and whether plaintiffs can identify all exposures without discovery.
By the numbers: 30+ states have asbestos transparency laws; 8 states have over-naming reforms. More than 100 companies have filed for bankruptcy due to asbestos liabilities.
What's next: No vote was taken. Sen. Hallstrom pledged to work with Sen. DeBoer and trial lawyers to narrow contentious issues, acknowledging the bill "may not be the precise language."
Committee sentiment: Supportive: Sen. Bob Hallstrom Skeptical: Sen. Wendy DeBoer Unclear: Sen. Victor Rountree
Sentiment estimated from questions and comments — not stated positions.
LB388: Judicial nominating commission reforms
Introduced by: Sen. Wendy DeBoer | Testimony: 2 proponents, 0 opponents, 0 neutral | Read bill text (PDF)
Nebraska seeks to fix judicial nominating commission recruitment crisis in rural areas. Sen. Wendy DeBoer's LB388 would extend nomination deadlines, allow longer service terms, permit members to serve on multiple commissions, and authorize electronic voting to address chronic shortages of eligible attorneys.
Why it matters: Rural Nebraska counties have few lawyers, making it difficult to fill nominating commission vacancies. The state bar had 16 vacancies to fill in 2024 alone. Attorneys often decline service because they're term-limited or already serving elsewhere. Without reform, the state risks being unable to staff commissions that select judges.
What they're saying: - Elizabeth Neeley, Nebraska State Bar Association: "Filling these vacancies takes more time than you think, because we are looking for a lawyer with a certain political party who happens to be available on a specific date and time, and who does not have any conflicts." - Joshua Shasserre, Supreme Court Clerk: The most recent election mailed 5,709 ballots with 22 different ballot types but received only 720 responses due to mail delays. Electronic voting and 30-day return windows will improve participation.
By the numbers: 272 lawyer members and alternates serve across 34 judicial nominating commissions statewide. The bar had 16 vacancies to fill in 2024.
What's next: No vote was taken. The bill received no opposition testimony. The Nebraska State Bar Association and Supreme Court both endorsed the legislation.
Committee sentiment: Supportive: Sen. Bob Hallstrom, Sen. Victor Rountree
Sentiment estimated from questions and comments — not stated positions.
Session Notes
The committee also heard two gubernatorial appointments to the Crime Victim's Reparation Committee: Shawn Eatherton (reappointment) and David Nelson (reappointment). Both were confirmed without opposition. Eatherton, Buffalo County Attorney and CVR member since 2018, reported that recent legislative changes have improved the appeals process and increased funding distribution to victims. Nelson, an at-large CVR member, highlighted the committee's trauma-informed training and engagement with stakeholders. No votes were taken on the appointments during the hearing.
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