Four apply to be next Nebraska Supreme Court chief justice

LINCOLN — Four Nebraska judges have applied to be considered the replacement for retiring Chief Justice Mike Heavican, the Nebraska Supreme Court announced on Friday.

Heavican announced in late August that he is retiring by the end of October, closing out his 18 years on the state’s high court. Gov. Jim Pillen will pick his replacement from whatever names are forwarded by the Judicial Nominating Commission for the chief justice seat.

Applicants include Supreme Court Justice Jeffrey Funke, Sarpy County Judge PaTricia Freeman, Saline County District Judge David Bargen and Lancaster County District Judge Ryan Post. The commission seeks public feedback on each.

Funke was a private practice lawyer and prosecutor in Otoe County and a county court judge before Gov. Dave Heineman appointed him the District Court in Cass, Sarpy and Otoe Counties. Gov. Pete Ricketts appointed him to the Supreme Court in 2016.

Freeman was a prosecutor in Sarpy County, rising to chief deputy county attorney, before Ricketts appointed her to county court in 2017. She served Cass, Sarpy and Otoe Counties. She also served as an adjunct professor of law at Creighton University School of Law in Omaha.

Bargen worked in private practice and as an adjunct professor of law at the University of Nebraska College of Law. He also clerked for the 8th U.S. Circuit Court of Appeals. Ricketts appointed him as a District Judge in Fillmore, Gage, Jefferson, Johnson, Nemaha, Otoe, Pawnee, Richardson, Saline and Thayer Counties.

Post worked as a legislative aide and as a civil attorney in the Nebraska Attorney General’s Office. He rose to lead the litigation bureau from 2017 to 2021. Ricketts appointed him to serve the Lancaster County District Court in 2021.

The Judicial Nominating Commission asked for written testimony no later than Sept. 27 sent to Justice Lindsey Miller-Lerman, Nebraska Supreme Court, PO Box 98910, Lincoln, NE 68509 or emails to [email protected]. Miller-Lerman chairs the nine-member commission.

People who would prefer to testify are encouraged to attend a public hearing in the Supreme Court Courtroom at the State Capitol at 10 a.m. on Oct. 4, when applicants will be interviewed.

The court encouraged Nebraskans with disabilities to reach out at 402-471-3730 so it can make accommodations.

Correction: Judge PaTricia Freeman serves on the Sarpy County Court. This story has been updated to correct her position.