The Case for the Nebraska Merit Plan

This article is written in the hope that it will be helpful to members of the Nebraska Bar in familiarizing themselves with a proposed constitutional amendment, to be submitted to the electorate in November of this year, which provides for a change in the method of selection of the chief justice and judges of the supreme court, and of district judges and such other judges as the legislature may provide. The system provided for in the proposed amendment has been designated the "Nebraska Merit Plan" and has the active support of the Nebraska State Bar Association. Members of the Bar undoubtedly will be consulted by their clients and other interested voters as to their opinion of the principles embodied in the Nebraska Plan. Hence an attempt has been made not only to consider the specific provisions of the proposed constitutional amendment but also to review the history and development of the Plan and other similar plans, to anticipate some of the arguments pro and con which may be raised concerning the Plan, and to discuss the experience with similar plans which have already been adopted in other jurisdictions.