U.S. attorney Mike Heavican new Chief Justice
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By DON WALTON / Lincoln Journal Star
U.S. Attorney Mike Heavican was named Wednesday by Gov. Dave Heineman as chief justice of the Nebraska Supreme Court.
Heavican, the chief federal prosecutor in Nebraska, will bring “a conservative, common-sense approach” to the court as a judge who will “not make law from the bench,” Heineman said.
His strength, the governor said, “lies in his experience in leadership, management and the execution of an organizational vision.”
Heineman pointed to two areas in which he hopes Heavican will lead: protecting the best interests of vulnerable children and helping advance reasonable sentencing guidelines for community corrections.
Standing with the governor at a Capitol news conference attended by judges from the state Supreme Court, Heavican pledged to advance “innovative strategies in court management” and try to be as accessible as retiring Chief Justice John Hendry.
Heavican said he wouldn’t anticipate dramatic changes in the priorities established by Hendry, who will step down Oct. 2 after eight years on the court.
Heavican was Lancaster County Attorney from 1981 to 1991 and barely missed a bid for the Republican nomination for attorney general in 1990, losing to Don Stenberg by less than 3,000 votes.
Prior to his selection as head of the U.S. attorney’s office in Nebraska in 2001, Heavican spent 10 years as an assistant U.S. attorney, having served as head of the office’s criminal and organized crime divisions and drug enforcement task force.
Heavican stayed in Lincoln after the federal appointment, commuting to his office in Omaha.
“I’ll move to Omaha now,” he quipped in a brief exchange with reporters after the announcement.
Heineman picked Heavican from a trio of nominees presented to him by a judicial nominating commission. The others were Supreme Court Judge John Gerrard and District Judge John Icenogle of Kearney.
Asked if he had any reservations about becoming chief justice without any prior judicial experience, Heavican quickly answered: “Of course not.”
“That was very good,” Heineman said approvingly as both men cracked a smile.
Heavican will be the first chief justice without prior judicial experience since Norman Krivosha, who was appointed by Gov. Jim Exon in 1978.
As Nebraska’s Republican member of the Senate, Sen. Chuck Hagel said he’d send a recommendation for the next U.S. attorney to President George W. Bush and Attorney General Alberto Gonzales before the 2007 Congress convenes in January.
Hagel said he’ll consult with other members of the Nebraska congressional delegation during that process.
Heavican is “a great choice” for chief justice, Hagel said.
In other reaction to Wednesday’s appointment, Omaha attorney Dave Domina said Heavican has had “a tremendous amount of experience with the decision-making process as a prosecutor (and) proven himself capable of administration in two important and responsible law enforcement positions.”
“(Heavican will) have the help of all the appellate judges to learn the judging portion of the job,” Domina said. “I expect he will serve with great distinction and be an excellent chief justice.”
Democratic Sen. Ben Nelson, who appointed all members of the current state Supreme Court, said he hopes Heavican will “continue the tradition of John Hendry by taking the bench out to the people and being an outgoing spokesman and advocate for the law.”
Heavican has “certainly served the state and the country well,” Nelson said.
Heineman said he placed “a high priority on the management of courts” in choosing Heavican.
As U.S. attorney, Heavican has managed 58 people and a $5 million budget, the governor said.
He lavished praise on Hendry, who sat with a number of his colleagues in the front row for Wednesday’s announcement.
“He has led with strength, surety and grace,” Heineman said. “He’s been an exceptional and common-sense jurist, a welcoming and accessible public figure.”
Heavican earned a degree in English at the University of Nebraska-Lincoln in 1969 and graduated from the NU College of Law in 1974.
In addition to his legal career, he has been a business law instructor at UNL and an English teacher at Papillion-LaVista High School.
Reach Don Walton at 473-7248 or at dwalton@journalstar.com.
Mike Heavican
Age: 59
Education: University of Nebraska College of Law
Experience: Lancaster County Attorney, 1981-1991; Republican candidate for attorney general in 1990
Current position: U.S. attorney for Nebraska
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