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Heavican named chief justice

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By KEVIN O' HANLON / The Associated Press

Wednesday, Sep 20, 2006 - 09:59:55 pm CDT

U.S. Attorney Mike Heavican was named Wednesday as the chief justice of the Nebraska Supreme Court. He will replace Chief Justice John Hendry, who is stepping down Oct. 2.

Heavican was picked by Gov. Dave Heineman from three candidates that a judicial nominating committee forwarded to him. The others were Supreme Court Judge John Gerrard and District Judge John Icenogle of Kearney.

Gerrard was the lone Democrat among the three.

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“Mike’s strength lies in his experience in leadership, management and the execution of an organizational vision,” Heineman said. “I am confident that he is well prepared for the scrutiny that comes with serving at the helm of one of our three branches of state government, and I have no doubt that he will excel in this new role.

“I believe his more than 30 years of legal experience in Nebraska courts have prepared him for the challenge of advancing the good work of our state’s judicial system,” Heineman said.

Heavican, 59, of Lincoln, was appointed U.S. attorney for Nebraska by President Bush in 2001.

He began working in the office in 1991 and served under Republican Ron Lahners and Democrat Tom Monaghan.

Heavican praised Hendry’s term as chief justice.

“I can only hope that I can carry on,” he said. “I will do my very best for the state of Nebraska ... to continue the chief justice’s very good work.”

Heineman also praised Gerrard and Icenogle.

“Justice Gerrard, Judge Icenogle and U.S. Attorney Heavican are all outstanding candidates, but I could only choose one,” he said. “I was looking for someone who would be as effective as our current chief justice has been. I wanted a Nebraskan who places a high priority on the strategic management of the courts. Someone with a strong legal mind ... and I wanted someone who understands that a conservative, common-sense approach to the judiciary is the right approach.”

Heavican was Lancaster County attorney for some 10 years when he launched an unsuccessful bid for Nebraska attorney general in 1990. He lost to eventual winner Don Stenberg in the Republican Party primary.

While in the U.S. Attorney’s Office, Heavican was especially active in drug crime prosecutions and served as lead attorney for the organized crime drug enforcement task force from 1992 until 2001.

Heavican earned a law degree from the University of Nebraska in 1974. Before that, he taught English at a Papillion high school.


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Tom Nesbitt wrote on September 20, 2006 9:52 am:
" I applaud Governor Heineman for selecting US Attorney Mike Heavican to become Judge Hendry's successor. I have had the privledge and honor to work with Mr. Heavican for over 20 years in the justice system. Judge Heavican will ensure that the law's of this great State and Country will be applied in a fair and equitable manner. I also want to extend a thanks to Judge Gerrard and Judge Icenogle for their interest as well, they both are good and fair in their application of rulings and decisions. "

 Heavican is a great choice wrote on September 20, 2006 10:38 am:
" Excellent choice!!! "

 Concerned wrote on September 20, 2006 11:30 am:
" Mr. Heavican is not and has never been a judge--in his career as a lawyer he has never been employed outside of the public sector. He has also had no experience in reprsenting plaintiffs, criminal defendants or ordinary folks. This does distinguish him from the other candidates and his predecessor. I think he is the least of the three candidates and an unfortunate choice. Concerned "

 I Expected It wrote on September 20, 2006 12:33 pm:
" This appointment shows that Heineman, like Mike Johanns before him, puts party loyalty over experience and qualifications. The best person for this job was clearly Gerrard, but I knew that since he was a Democrat and a Nelson appointee he wasn't going to get the job. At least Nelson, when he was governor, would cross party lines and pick the best judicial candidate. Heineman has once again shown why he is a gutless wonder and will not be getting my vote in November. "

 Christian wrote on September 20, 2006 4:19 pm:
" Heineman did the same thing in Western Nebraska, with a county judgeship. Doug Warner, a Democrat, was a finalist and has been a tough on crime prosecutor in Scottsbluff County for almost 20 years. Another finalist, Jamie Worden, is a Republican politco, private practice attorney with hardly any, if not any at all, criminal court experience. The Republican got the job. This was as expected as that. I'm sure there are other instances as well. Not everyone can be Nebraska first, Political Party second. "

 Bill wrote on September 20, 2006 5:42 pm:
" I have to echo Tom's comment. Although I am not familiar the the work of Gerrard and Icenogle, I am with Mike Heavican. With over 25 years of Law Enforcement experience, I am very aware of Mike's commitment when he was the Lancaster County Attorney, and to a lessor degree his work as the U.S. Attorney for Nebraska. I give little weight to the fact he has never served as a judge or that he has never been employed outside the "public sector". If that were relevant, there are many, many, very fine judges current and past, who have served the citizens of the State of Nebraska in an exemplary fashion. Mike is an excellent addition to the Nebraska Supreme Court. "

 ricky wrote on September 20, 2006 6:49 pm:
" If you dont like the picks of the republican governor then vote democrat. Heineman is the governor and he picks who he wants. Get over it or become governor and pick your guy. or lady as the case may be, "

 Ted wrote on September 20, 2006 10:35 pm:
" This is most sad because he picked the third best out of the three finalists. Gerrard was clearly the best man for the job and had the backing of the entire current court as well as the appeals court. Not only are his credentials the best, but he also would make the smoothest transition. It is well known that Heineman is terribly partisan, but Icenogle would have been a better choice in his own party. Heavican has a tough job ahead of him without any judicial experience. I thought this appointment might have even been so obvious that Heineman couldn't miss it, I was wrong. "

 Lydia Haug wrote on January 2, 2007 6:06 pm:
" Because of legal technicalities involving the "resigning" of Judge John Hendry as 'Chief Justice' and other complex situations at the Supreme Court, there is no "real" vacancy at the Court; Hendry is "disabled," but 'legally' still at the Court, and is subject to Art. 5, Section 30(4)(a), for "legal" removal, before lawyer Mike Heavican can be "installed" into the Office of the Chief Justice. For all "legal" purposes, Heavican is not "Chief Justice" nor is he a "legal" member of the Court. Contact me at lhaug4106@msn.com about this. "

 silly man wrote on May 4, 2008 4:51 am:
" It's unbelievible though that our govenor praised Judge Icenogle has a great choice considering the man has never overturned a conviction in all his years on the bench. In his years on the bench Icenogle has always been known has bias and has even been caught and disiplined by the Nebraska Supreme Court for inapproiate actions and failure to report prosecutors for willfully withholding evidence! The Nebraska Judical qualifications board has recieved numerous complaints against him but nothing is ever done about it. Ever heard the term southern justice where it doesn't mean you have to be guilty but they make you guilty! Go before this judge and you'll see what southern justice is! The man has no business on the bench and especially in the Supreme Court! "

 silly man wrote on May 4, 2008 5:00 am:
" Christian your a little off base about Doug Warner from scottsbluff! Yes he was a tough prosecutor but hehad been caught several times withholding evidence from the defense in trials! And yes he still practices law but how this is the case considering all his misconduct is a failure on the part of the counsel of disipline! I don't really think this state need another judge who was a prosecuting attorney with a long list of misconduct on his resume! "

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