48 Nebraska judges all leading up-or-down votes to stay in office six more years

LINCOLN — Voters across Nebraska appear to favor keeping all 48 of the judges who faced up-or-down votes on remaining in office for an additional six years, keeping alive a 16-year streak of no booted jurists.

Depending on the county where they live, Nebraska voters saw at least two judges or as many as 15 on their ballots. The most are in Nebraska’s most populous county, Douglas, which is Judicial District 4. State law provides that district with the most judges.

No Supreme Court justices faced retention. On the Court of Appeals, only Judge Michael W. Pirtle of Omaha faced retention; he represents part of Douglas County. He led in his district 62%-38% as of 6 a.m. Wednesday.

Since 1964, judges have gone to voters for retention at the first general election at least three years after their appointment. Nebraska has nearly 150 judges in total. 

Current terms in office end Jan. 7, 2027.

The last time a Nebraska judge was not retained in office was in 2008. Should votes hold, judges could serve until January 2033 and could file for retention again in 2032.

The closest race is for Douglas County District Judge Marlon A. Polk, who joined the bench in 2005 at the appointment of then-Gov. Dave Heineman. He made history as the first Black person to be appointed as a judge of a district court. By 1:30 p.m. Wednesday, Polk led with 56% of the vote in favor of his retention, a margin of nearly 19,000 votes.

Douglas County has not yet said the number of early voting ballots left to be counted or provisional votes to be processed. The Douglas County Election Commission said those numbers will be posted approximately two days after Election Day.

The Nebraska State Bar Association each year polls attorneys who work before the judges. Of the 48 up for retention this year, attorneys recommended that all but one be retained in office.

The one exception was Lincoln County District Judge Cindy R. Volkmer. She received a performance evaluation of 38.5% of attorneys recommending she be retained. Election results had her with 75% of the vote to keep her in office, or nearly 15,000 in favor of retention.

Of Nebraska’s nearly 150 judges, Nebraska Gov. Jim Pillen has appointed more than 30, and three of his judges faced up-or-down votes Tuesday. He was reelected to four more years.