How Do You Decide Whether to Retain a Nebraska Judge in 2026?
At Nebraska's November 3, 2026, general election, 48 judges statewide are standing for retention. Your ballot will include only the judges whose retention questions apply where you vote, plus any statewide judicial questions. Nebraska doesn't hold contested elections for judges. A nominating commission screens applicants, the governor appoints from the commission's list, and voters later decide whether each judge stays.
The ballot asks, in substance, whether the named judge should be retained in office. If a majority of the people voting on that question say yes, the judge serves another six-year term. If a majority say no, the seat becomes vacant at the end of the judge's current term, not on election night. It is then filled through the same appointment process.
To see which judges are on your ballot, check your sample ballot and the Secretary of State's official list. One useful research source is the Nebraska State Bar Association's 2026 Judicial Performance Evaluation, in which lawyers rate judges they have appeared before. The NSBA itself cautions that the results are a collection of individual opinions, not a scientific poll, and are not meant for ranking judges against one another.
If you have a case pending, keep your focus on the case. A retention vote doesn't change a court order or extend a deadline. If you think a ruling was wrong, talk with your lawyer promptly about whether any review or other remedy is available.
What a "Yes" or "No" Vote Actually Does
The retention question asks, in substance, whether the named judge should be retained in office, with a yes-or-no choice. (Neb. Rev. Stat. § 24-815.) There's no opponent and no party label.
A "yes" majority means the judge continues for another six-year term.
A "no" majority creates a vacancy at the end of the judge's current term. It does not end the judge's service on election night. For judges on the 2026 ballot, current terms end January 7, 2027. (Neb. Rev. Stat. §§ 24-817, 24-819.)
The result depends on the votes cast on that judge's question, not on the total number of ballots cast in the election. (Neb. Rev. Stat. § 24-817.)
The schedule comes from the Nebraska Constitution. A judge first stands for retention at the next general election after three years have passed from the date of appointment, and every six years after that. (Neb. Const. art. V, § 21(3).)
A judge who wants to continue must file a written request with the Secretary of State by August 1 of the year the term expires. For 2026, the Secretary of State's published deadline was August 3. (Neb. Rev. Stat. § 24-814(1).) If a judge doesn't file, a vacancy occurs at the end of the term. (Neb. Rev. Stat. § 24-818.) The individual written requests aren't public records. The Secretary of State must, however, publish an online list of the judges who filed. (Neb. Rev. Stat. § 24-814(2).)
Why Nebraska Chooses Judges This Way
Nebraska voters adopted merit selection by constitutional amendment in 1962. It first applied to the Nebraska Supreme Court and the district courts and was later extended to judges of Nebraska's other state courts.
When a judgeship opens, a nine-member judicial nominating commission reviews the applicants. Candidates' names are released to the public before a public hearing. The commission is built for balance:
Four voting members are lawyers chosen by the bar in that area.
Four are non-lawyers appointed by the governor.
No more than four of the eight voting members may belong to the same political party.
A Nebraska Supreme Court judge chairs the commission but does not vote.
The commission submits at least two nominees. If the governor does not appoint someone within 60 days after the list is presented, the Chief Justice or acting Chief Justice makes the appointment from that list. (Neb. Const. art. V, § 21(1), (4)–(5).)
Retention isn't the only check on judges. Any Nebraska citizen may ask the Commission on Judicial Qualifications to review a judge's conduct. After investigation and a formal hearing, the Commission may recommend a sanction to the Nebraska Supreme Court. The Supreme Court then decides what discipline, if any, to impose, up to and including removal. The Constitution also provides for impeachment. (Neb. Const. art. V, §§ 28–31; art. IV, § 5.) Retention is the voters' periodic check on a judge's overall work, while misconduct is handled through those separate processes.
Retention losses are rare. According to Nebraska Examiner reporting, the last time a Nebraska judge was not retained was in 2008. That doesn't make the vote a formality. It is the point in the system where voters weigh in directly.
Which Judges Are on the 2026 Ballot
Statewide, 48 judges filed for retention this year:
2 Workers' Compensation Court judges, whose questions appear on ballots statewide
1 Court of Appeals judge
23 district court judges
20 county court judges
2 separate juvenile court judges, one in Douglas County and one in Sarpy County
No Nebraska Supreme Court justices are up for retention this year. No Lancaster County separate juvenile court judge is on the 2026 ballot.
Most judges appear only on ballots in the district they serve, so your list will be shorter than 48. To see exactly which judges you'll vote on:
Look up your sample ballot through Nebraska Voter Check or your county election office.
Compare it with the Secretary of State's list of judges who filed.
Use the Judicial Branch's 2026 retention page, which links to judges' biographies.
Why These Courts Matter for Nebraska Families
Knowing what each court does can help you decide where to spend your research time.
District Court
District courts are Nebraska's general trial courts. Among many other matters, they hear divorce, custody, paternity, and civil cases. County courts share jurisdiction over some of those matters.
County Court
County courts handle probate and estate administration, guardianships, conservatorships, and adoptions, subject to statutory exceptions. They also:
hear civil cases within their jurisdiction
share jurisdiction over specified domestic-relations, paternity, and custody matters
hear juvenile matters in counties without a separate juvenile court
(Neb. Rev. Stat. § 24-517.)
Separate Juvenile Court
Douglas, Lancaster, and Sarpy Counties have separate juvenile courts. These courts handle matters involving neglected, dependent, and delinquent children. They also hear some domestic-relations cases involving the care, support, or custody of minor children.
Workers' Compensation Court
This court handles claims involving work-related injuries. Its judges serve statewide.
If your family has a parenting plan, a guardianship, or an estate in probate, the district and county judges on your ballot serve on the courts that handle matters like yours. That makes those names worth a few extra minutes of research.
How to Use the 2026 Bar Poll
The Nebraska State Bar Association has evaluated Nebraska judges every two years since 1984. The 2026 Judicial Performance Evaluation is posted on the NSBA's website and includes an alphabetical index of judges. Lawyers were asked to rate only judges with whom they had recent, firsthand professional experience. For appellate judges, that meant judges whose written opinions they knew. Lawyers were also asked whether each judge should be retained.
For 2026, the NSBA updated the survey. It now focuses on five areas:
judicial competence
impartiality
clarity of communication
judicial temperament
administrative capacity
Each area is rated on a six-point scale running from "strongly disagree" to "strongly agree."
The NSBA is candid about the evaluation's limits:
It isn't a scientific poll. The NSBA describes the results as a collection of individual opinions, not scientifically accurate conclusions and not an official NSBA position.
It isn't a ranking. The NSBA does not produce an overall rating for each judge. It says comparing one judge's scores with another's would not be statistically valid.
It isn't comparable to past years. The 2026 questions and scale were substantially revised, so the NSBA strongly discourages comparing 2026 results with earlier reports.
It reflects a limited group of lawyers. Each judge's results come only from the responding lawyers who had experience with that judge.
Treat the evaluation as one input among several, alongside the judge's background and other reliable information.
Other Things Worth Weighing
Qualities the Judicial Branch Highlights
The Judicial Branch's voters' guide lists qualities such as integrity, judicial temperament, and diligence. It describes judicial temperament as including patience, open-mindedness, humility, and tact.
One Ruling Is Not the Whole Record
The guide encourages voters to look beyond the outcome of a single case. Judges must follow governing law. Their work can also require interpreting that law and exercising discretion within legal limits. If you disagree with a law itself, the guide points to the Legislature as the place to seek change.
Judicial ethics also restrict public statements about pending or impending cases, particularly statements that could affect the outcome or impair fairness. Those restrictions can limit a judge's ability to respond publicly to criticism, although the rules contain exceptions. (Neb. Rev. Code of Judicial Conduct § 5-302.10.)
Why Judicial Campaigning Is Limited
Nebraska restricts judicial campaign activity. A judge in a retention election may engage in certain campaign activities, including forming a campaign committee, only after the candidacy has drawn active opposition.
Judges and judicial candidates also may not make pledges, promises, or commitments about cases, controversies, or issues likely to come before the court if they are inconsistent with the impartial performance of judicial duties. (Neb. Rev. Code of Judicial Conduct §§ 5-304.1(A)(13), 5-304.2, 5-304.4.) As a result, much of the information available to voters comes from official sources and the Bar's evaluation.
A Practical Checklist for Your Judicial Ballot
Look up your sample ballot and note each judge's name and court.
Think about what that court handles and how it might touch your family's life.
Read each judge's biography through the Judicial Branch's 2026 retention page.
Review the judge's NSBA 2026 evaluation, keeping the NSBA's own cautions in mind.
Check reputable news sources for significant developments, and weigh any single story in context.
Make your decisions before you vote. Early voting for the November 3 election began October 5, 2026.
If You Have a Case Pending Before One of These Judges
A retention vote does not change an existing order or extend a deadline in your case. Judges continue hearing cases through the election, and a "no" majority does not end a judge's service on election night.
If you believe a ruling was legally wrong, speak promptly with your lawyer about any available review or other remedy. Whether a remedy exists depends on the ruling and the case, and timing can matter.
How you vote is your decision. It's natural for a difficult ruling to shape how you see a judge. Try to weigh that experience alongside the judge's broader record.
Zachary W. Anderson Law does not endorse or oppose any judge standing for retention.
How We Support Clients in Family Transitions
For clients working with our firm on Nebraska divorce or custody matters, our services include in-house co-parenting and divorce coaching at no additional fee. Coaching offers practical support during a family transition. It does not replace legal representation or change court orders.
Official Resources
Nebraska Judicial Branch: Voters' Guide to Nebraska's Judicial Retention Elections
Nebraska Judicial Branch: 2026 Judicial Retention Election (judge biographies)
Nebraska State Bar Association: Judicial Evaluation Poll Results
Voters in other counties can find sample ballots and early-voting information through their county election office.
Frequently Asked Questions
What happens if a Nebraska judge isn't retained?
A "no" majority creates a vacancy at the end of the judge's current term rather than on election night. For judges on the 2026 ballot, that date is January 7, 2027. The vacancy is then filled through the usual process: a nominating commission submits at least two nominees, and the governor appoints from that list.
How often do Nebraska judges lose retention votes?
Rarely. According to Nebraska Examiner reporting, the last time a Nebraska judge was not retained was in 2008. Even so, the retention vote is the point in the system where voters weigh in directly on each judge.
How is the outcome of a retention question decided?
The outcome is decided by the majority of votes cast on that particular judge's question. A voter who doesn't vote on a judge's question isn't counted as a "yes" or a "no" on that question. (Neb. Rev. Stat. § 24-817.)
Why is campaigning by judges so limited?
Nebraska's Code of Judicial Conduct restricts judicial campaign activity. A judge in a retention election may campaign only after the candidacy draws active opposition. Even then, judges may not make pledges, promises, or commitments about likely cases or issues that are inconsistent with the impartial performance of judicial duties.
Is the Bar poll an endorsement by the Nebraska State Bar Association?
No. The NSBA describes its evaluation as a collection of individual lawyers' opinions, not scientific conclusions and not an official NSBA position. It is one source to consider alongside others.
Why is a judge on my ballot but not on a friend's in another county?
Most judges stand for retention only before voters in the district they serve. The Chief Justice is voted on statewide, and the Workers' Compensation Court judges appear on ballots statewide. (Neb. Const. art. V, § 21(3).)
Can a Nebraska judge be disciplined or removed other than by voters?
Yes. The Commission on Judicial Qualifications can investigate complaints and recommend sanctions to the Nebraska Supreme Court, which decides whether to impose discipline, including removal. The Nebraska Constitution also provides for impeachment.
I'm unhappy with how a judge handled my case. Should that decide my vote?
That's your decision, and your experience is real information. But one ruling is a narrow view of a judge's work, and a retention vote does not change your case's orders or deadlines. If you think a ruling was wrong, talk with your lawyer promptly about whether any review or other remedy is available.
Disclaimer
This article is for general educational purposes only and is not legal advice. Information was checked as of October 12, 2026. Election procedures, deadlines, and the law can change, and this post may not reflect the most current developments. Reading this article does not create an attorney-client relationship with Zachary W. Anderson Law. Our firm does not endorse or oppose any judge standing for retention. This article does not determine whether an appeal, motion, or other remedy is available in any particular case. Retention voting does not change court orders or extend case deadlines. Consult your lawyer promptly about case-specific concerns, and check current official election information with your county election office or the Nebraska Secretary of State before voting.