Governor will choose top justice from two judges, federal prosecutor

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By LORI PILGER / Lincoln Journal Star

The next chief justice of the Nebraska Supreme Court will be a U.S. attorney, a district judge or a justice already on the court.

A Judicial Nominating Commission on Thursday narrowed Gov. Dave Heineman’s choices to Justice John Gerrard of Norfolk, U.S. Attorney Mike Heavican of Lincoln or Buffalo County District Court Judge John Icenogle of Kearney.

Heineman’s goal is to fill the position before Chief Justice John Hendry retires Oct. 2, said Aaron Sanderford, a spokesman for the governor.

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From left: Gerrard, Heavican and Icenogle

From left: Gerrard, Heavican and Icenogle

* Gerrard begins his 12th year as a Supreme Court justice next week, and started out as a probation officer in 1976 with a $9,000 salary. A good chief justice must be able to find the right people to run the judicial system in Nebraska and give them the resources they need to do it, he said Thursday during a public hearing.

* Heavican has been U.S. Attorney since 2001. As Lancaster County attorney, he set up the state’s first victim/witness unit and as U.S. attorney was involved with Project Safe Neighborhoods. He said he’s a hard worker and consensus builder. “I get things done.”

* Icenogle has been a district judge since 1990. He said he has been involved in the Central Nebraska Drug Court in Grand Island and the Community Corrections Council, working to find creative solutions to corrections problems.

Heineman will meet with each before making his decision.

Thursday, at a full hearing in Supreme Court chambers at the state Capitol, each of the original nine candidates was given 10 minutes to tell a commission of four attorneys and four members of the public why they should choose him for the job.

The other applicants were: District Court Judge Alan Gless of Seward; Steven Gealy, James Snowden and William Blake, all private attorneys in Lincoln; Omaha attorney Steven Grasz; and Daniel Morris, assistant chief counsel for the U.S. Department of Homeland Security in Omaha.

After hearing from each, the commission sought comments, which kindled a short debate about whether a non-judge should be considered.

“The center seat of this court should be occupied by a judge,” said Omaha attorney David Domina, who attending the hearing.

Domina urged the commission to forward only judges for consideration. It’s not for someone “who has to learn judging and administration and everything else,” he said.

But Terry Sibbernsen of Omaha, who spoke on behalf of Snowden, disagreed.

“I don’t think you can limit it only to judges,” he said. “I think you have to judge each person on his merits.”

By statute, qualified applicants must be a U.S. citizen, at least 30 and have at least five years of law practice in Nebraska, which may include service as a judge.

After the hearing, the commission asked candidates to stay close in case they had further questions.

During a closed session, members chose the three nominees by roll-call vote. The three needed at least five votes to advance.

Reach Lori Pilger at 473-7237 or lpilger@journalstar.com.