A judge shall be disqualified from acting as such in the county court, district court, Court of Appeals, or Supreme Court, except by mutual consent of the parties, which mutual consent is in writing and made part of the record, in the following situations:
(1) In any case in which (a) he or she is a party or interested, (b) he or she is related to either party by consanguinity or affinity within the fourth degree, (c) any attorney in any cause pending in the county court or district court is related to the judge in the degree of parent, child, sibling, or in-law or is the copartner of an attorney related to the judge in the degree of parent, child, or sibling, or (d) he or she has been attorney for either party in the action or proceeding; and
(2) When the judge was in copartnership, at the time of his or her election or appointment, in the law business with a practicing attorney in the district in which the judge was elected or appointed, the copartnership continued in the practice of law in the district and occupied the same office or rooms which were occupied by the copartnership at the time of his or her election or appointment, and the judge continues to occupy the same office or rooms with his or her ex-copartner, in all proceedings or litigation in which the ex-copartner is retained or interested, so long as the judge occupies the same office or room with his or her ex-copartner.
Notes of Decisions
Seldin v. Est. of Silverman, 305 Neb. 185 (Neb. 2020).
· cites it 5× “’”28 The Arizona Seldins assert that the arbitrator’s taking actual possession of Sky Financial without first securing mutual con- sent of the parties in writing and making it part of the record disqualified him as an interested party under Neb.”
State v. Vidales, 571 N.W.2d 117 (Neb. Ct. App. 1997).
· cites it 14× “This case concerns judicial disqualification under Neb. Rev. Stat. § 24-739 (Reissue 1995). More specifically, we address *164 the validity of a district court judge’s decision to overrule a defendant’s motion to suppress when the judge’s wife, a deputy county attorney, was the…”
State v. Thomas, 685 N.W.2d 69 (Neb. 2004).
· cites it 2× “Thomas argues that “[a] reasonable person, knowing that Judge Spethman had received extraneous information in the Crawford case from ex-parte [sic] communication with a prosecutor would believe that the validity of the February 5, 2003 pronounced sentence was not discovered by…”
Spracklin v. Spracklin, 837 N.W.2d 826 (Neb. Ct. App. 2013).
· cites it 5× “§ 24-739 (Reissue 2008)), a statute which con- cerned when a trial judge was disqualified from presiding over Decisions of the Nebraska Court of Appeals 276 21 NEBRASKA APPELLATE REPORTS certain proceedings. Section 24-315 provided, in pertinent part: “A judge or justice is…”
Aguilar v. Valdez-Mendoza, 318 Neb. 402 (Neb. 2025).
· cites it 2× “In that context, we defined “affinity” as “the relationship which arises as a result of the marriage contract between one spouse and the blood relations of the other, in contradistinction from consanguinity or relation- ship by blood.”
James-Estenson v. Estenson (Neb. Ct. App. 2017).
· cites it 2× “Neb. Rev. Stat. § 24-739 (Reissue 2016) provides that a judge is automatically disqualified where the judge acted as an attorney for either party in an action or proceeding.”
State v. Harris (Neb. Ct. App. 2019).
· cites it 2× “Further, Harris directs this court to Neb. Rev. Stat. § 24-739 (Reissue 2016), which provides that “[a] judge shall be disqualified from acting as such (1) [i]n any case in which .”
Hohenstein v. Hohenstein (Neb. Ct. App. 2023).
· cites it 2× “The motion stated that there was no conflict under Neb. Rev. Stat. § 24-739 (Reissue 2020) that would -4- require the trial judge to recuse himself but alleged that the judge should recuse himself because he may be called as a witness “to ascertain relevant factual evidence…”
— Neb. Rev. Stat. § 24-739(1) — 2 cases
State v. Vidales, 571 N.W.2d 117 (Neb. Ct. App. 1997).
“This case concerns judicial disqualification under Neb. Rev. Stat. § 24-739 (Reissue 1995). More specifically, we address *164 the validity of a district court judge’s decision to overrule a defendant’s motion to suppress when the judge’s wife, a deputy county attorney, was the…”
Spracklin v. Spracklin, 837 N.W.2d 826 (Neb. Ct. App. 2013).
“§ 24-739 (Reissue 2008)), a statute which con- cerned when a trial judge was disqualified from presiding over Decisions of the Nebraska Court of Appeals 276 21 NEBRASKA APPELLATE REPORTS certain proceedings. Section 24-315 provided, in pertinent part: “A judge or justice is…”
— Neb. Rev. Stat. § 24-739(l)(a) — 1 case
State v. Vidales, 571 N.W.2d 117 (Neb. Ct. App. 1997).
“This case concerns judicial disqualification under Neb. Rev. Stat. § 24-739 (Reissue 1995). More specifically, we address *164 the validity of a district court judge’s decision to overrule a defendant’s motion to suppress when the judge’s wife, a deputy county attorney, was the…”
— Neb. Rev. Stat. § 24-739(l)(c) — 1 case
State v. Vidales, 571 N.W.2d 117 (Neb. Ct. App. 1997).
“This case concerns judicial disqualification under Neb. Rev. Stat. § 24-739 (Reissue 1995). More specifically, we address *164 the validity of a district court judge’s decision to overrule a defendant’s motion to suppress when the judge’s wife, a deputy county attorney, was the…”
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