North Platte man seeks judges’ ouster

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buy this photo Judge Kenneth C. Stephan (LJS File)

A North Platte man is attempting to organize committees to campaign against the retention of two Nebraska Supreme Court judges in the November election.

Ernest P. Kruger filed papers, called Statements of Organization, with the state Accountability and Disclosure Commission March 22, commission head Frank Daley said this week.

Daley said Kruger is organizing two committees, one opposed to the retention of Judge Kenneth C. Stephan, the other opposed to the retention of Judge Michael McCormack.

Kruger said he is concerned with what he called the Supreme Court judges’ tendency to rely on personal philosophies in reaching legal decisions.

He declined to identify court decisions that reflected that tendency, but said he will “be more specific later.”

Kruger, 55, said he has not begun to raise money for the campaign. He said he was targeting Stephan and McCormack because they are the only two Supreme Court judges standing for retention votes next fall.

Nebraska judges are appointed by the governor under a merit system known as the Missouri Plan. New judges face retention votes at the first election to occur more than three years after their appointments. After that, judges face retention votes every six years.

Residents in the First Judicial District, which includes Lancaster, Cass and Otoe counties, will vote on Stephan’s retention. Residents in the Fourth Judicial District, Douglas County, will vote on McCormack.

Judges up for retention are prohibited by the state Code of Judicial Conduct from campaigning.

David Lanphier in 1996 became the first and, so far, only Supreme Court Judge removed from office by a retention vote since the state adopted the Missouri Plan in the early 1960s.

Reach Butch Mabin at 473-7234 or at bmabin@journalstar.com.

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