Every two years the
Nebraska State Bar Association (NSBA) conducts a judicial evaluation survey to
“assure that the citizens of Nebraska have a justice system that is fair,
impartial, honest and effective” (NSBA letter dated July 13, 2012). The Bar
posts the results of these evaluations on their web site.
In the past four surveys, the evaluations for
Judge Elizabeth G. Crnkovich of the Separate Juvenile Courts, Douglas County
Nebraska have shown that more than half of the attorneys completing the survey
answered “No” to the question on the survey; In your opinion, should this judge be
retained in office? (Regarding Judge Crnkovich, 56.6% answered “No” in
2012, 62.7% answered “No” in 2010, 57.63% answered “No” in 2008 and 52.0%
answered “No” in 2006 (NSBA Judicial Evaluations, 2012, 2010, 2008, 2006)).
About 10% of attorneys answered “No” to the same question for many of the other
Judges in Nebraska.
I believe the
continued low ratings for Judge Crnkovich on the Bar survey are unacceptable and
prejudice the administration of justice in the Separate Juvenile Court, Douglas
County Nebraska.
Accordingly, I have
filed the following complaint to the Nebraska Judicial Qualifications
Commission.
Thank you for taking
the time to read my complaint to the Commission.
Commission on Judicial
Qualifications
16 June, 2013
Nebraska Supreme
Court
P.O. Box
98910
Lincoln, NE
68509
To whom it may
concern:
I Vaughn Crowell a
citizen of the state of Nebraska, resident of Douglas County hereby submit the
following complaint to the Nebraska Judicial Qualifications Commission, as
allowed by Nebraska Revised Statute 24-721 (24-721. Commission; complaint or
request filed by citizen; investigation; proceedings; rights of judge or
justice; special master; commission; recommendations; rules)
My
complaint (below) concerns Judge Elizabeth G.
Crnkovich of the Separate Juvenile Court, District 4, Douglas County Nebraska.
Judge Crnkovich has been evaluated with repeated low ratings from the Nebraska
State Bar Association (NSBA) which reasonably brings to question the fairness,
impartiality, honesty, effectiveness and integrity of the Douglas County
Separate Juvenile Courts, specifically, the Court of Judge Crnkovich. (NSBA
Judicial Evaluations, 2012, 2010, 2008, 2006)
WHEREAS, Nebraska Revised
Statute 24-721 allows; “Any citizen of
the State of Nebraska shall have the right at all times to complain to the
Commission on Judicial Qualifications with reference to the acts, activities, or
qualifications of any Justice or judge of the Supreme Court or judge of any of
the courts of the State of Nebraska or to request that the commission consider
the qualifications of any Justice or judge of the Supreme Court or judge of any
of the courts of the State of Nebraska.”
WHEREAS, Judge Elizabeth G.
Crnkovich is a Judge in the Separate Juvenile Court, District 4, Douglas County
Nebraska.
WHEREAS, the Nebraska State Bar
Association (NSBA) conducts judicial evaluation surveys every two years. And,
whereas in a letter to fellow Nebraskans date July 13, 2012, regarding the
survey, the President of the NSBA writes; “The Nebraska State Bar Association is
committed to doing all it can to assure that the citizens of Nebraska have a
justice system that is fair, impartial, honest and effective. Towards this end,
the Nebraska Bar Association every two years asks its member lawyers to evaluate
the performance of the judges that serve our justice
system.
WHEREAS, the NSBA survey for the
years 2012, 2010, 2008 and 2006 show that (when attorneys rated Judge Elizabeth
G. Crnkovich) more than half of the
attorneys answered “No” to the question on the surveys; In your opinion, should this judge be
retained in office? (Regarding Judge Crnkovich, 56.6% answered “No” in 2012, 62.7% answered “No” in 2010, 57.63% answered “No” in 2008 and 52.0% answered “No” in 2006 (NSBA Judicial Evaluations,
2012, 2010, 2008, 2006))
WHEREAS, the NSBA survey in 2010,
shows the (average) ratings for Judge Crnkovich on all questions failed to reach
a satisfactory rating (3 = Satisfactory) and that in the 2012 NSBA survey, Judge
Crnkovich was rated “3.00” (Satisfactory) in only one of the 11 areas
evaluated.
WHEREAS, Nebraska Revised Statue
24-722 states: (24-722 Justice or judge; discipline or
removal; grounds.) A
Justice or judge of the Supreme Court or judge of any court of this state may be
reprimanded, disciplined, censured, suspended without pay for a definite period
of time not to exceed six months, or removed from office for (1) willful
misconduct in office, (2) willful disregard of or failure to perform his or her duties,
(3) habitual intemperance, (4) conviction of a crime involving moral turpitude,
(5) disbarment as a member of the legal profession licensed to practice law in
the State of Nebraska, or (6) conduct
prejudicial to the administration of justice that brings the judicial office
into disrepute, or he or she may be retired for physical or mental
disability seriously interfering with the performance of his or her duties if
such disability is determined to be permanent or reasonably likely to become
permanent.
WHEREAS, The Annotations
in 24-722 (in part) state:
Crucial to the finding that subsection (1) of this section has been
violated is a showing of bad faith. Although a certain amount of "honest" error
can be expected, blatant, flagrant, and
repeated failures to perform judicial duties constitutes a violation of
subsection (2) of this section. A clear violation of the Code of Judicial
Conduct constitutes, at minimum, a violation of subsection (6) of this section.
In re Complaint Against Kelly, 225 Neb. 583, 407 N.W.2d 182
(1987).
WHEREAS, Article XV-1 of the Nebraska Constitution (Oath of Office)
requires the person to discharge duties
of the office to the best of their ability.
WHEREAS, Judge Crnkovich is repeatedly one of the lowest (if not the
lowest) rated Judges in the state of Nebraska according to the NSBA judicial
evaluations survey (2006, 2008, 2010 and 2012).
WHEREAS,
Judges draw a salary from
the citizen tax-payers of the State of Nebraska and the tax-payers expect that
the Judges perform their duties to the highest standard.
WHEREAS, it may be reasonably assumed that justice suffers when there is
diminished confidence in the judiciary.
WHEREAS, The Nebraska Judicial Qualifications Commission has an
obligation to address the poor performance of Judges in the state of Nebraska
and ensure the integrity and competency of the
judiciary.
NOW, therefore, I request
the Nebraska Judicial Qualifications Commission investigate my complaint
regarding the repeated low ratings for Judge Elizabeth G. Crnkovich and to
investigate whether her low ratings prejudice the administration of justice in
the Separate Juvenile Court, Douglas County Nebraska.
Sincerely
Vaughn
Crowell
I can't wait to find out what the response is!
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