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Bar association members encouraging people to research judge retention vote


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The Grand Island Independent
Posted Oct 14, 2008 @ 10:21 PM

GRAND ISLAND —

When it comes to the election, voters have been inundated with information on the presidential candidates as well as on those running for state and local offices.

The same goes for the various issues such as tax levies, school bonds and fluoride in the water.

But what about judge retention?

When voters get to the question of whether to retain a judge, the question may catch them off guard.

Members of the Nebraska State Bar Association hope voters will take the time to do a little research and thoughtfully consider whether to fill in the "yes" space or the "no" space.

To help voters, many of whom may not have personal experience with the judge in question, Jane Schoenike, Nebraska State Bar Association executive director, said the 2008 Judicial Evaluation Poll, along with many profiles of the judges up for retention, is available at the bar's Web site, www.nebar.com or by calling 1-800-927-0117.

The biennial poll is a survey of attorneys for all of the sitting judges in Nebraska. This year's poll was released in July and contains information on 15 county judges and 11 district judges in Central Nebraska, including Hall County Judge David Bush and Hall County District Judge James Livingston, both of whom are up for retention Nov. 4.

The judges were evaluated on various criteria which included legal analysis, impartiality, fairness, judicial temperament and demeanor, efficiency, punctuality, attentiveness, trial management, the quality and clarity of their written opinions, and appropriate communication.

Bush received an 81.36 percent retention approval rate and Livingston received a 93.41 percent retention approval rate. The survey breaks the rating down by the individual criteria as well.

The attorneys who responded to the poll recommended that 138 of the 140 judges throughout the state who were evaluated be retained. The two judges who received unfavorable reviews are both from Douglas County.

"Voting for judges is very, very important," Schoenike said.

The poll is the most in-depth review done on Nebraska's judges and can be helpful in a voter's decision. However, if the material proves too much to read through, she suggests voters talk to attorneys they know and ask for their thoughts on the judges who are up for retention.

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