Nebraska Supreme Court Chief Justice Michael Heavican to retire in October (2024)

After serving for 18 years as the chief justice of the Nebraska Supreme Court, Michael Heavican will retire this fall, he told Gov. Jim Pillen in a letter announcing his decision Wednesday.

Appointed to head Nebraska's high court by Gov. DaveHeineman in 2006 and approved by voters to continue in the role three times in the years since,Heavican will end his nearly two-decade tenure as the court's chief justice Oct. 31.

In his letter to Pillen informing the governor of his decision,Heavican said he is "proud of the many accomplishments of Nebraska's judges, court staff, probation officers, public guardians and other judicial branch employees these past 18 years."

"And although there have been many changes and challenges during my term, the basic principles of Justice for All and Equality Before the Law have not changed,"he wrote, thanking court and probation employees he worked with throughout his tenure before closing his letter to Pillen with: "My best to you and the Great State of Nebraska."

Heavican, who served as theU.S. Attorney for the District of Nebraska for five years before he was named to the high court, spent his entire legal career serving the public.He turned 77 earlier this month.

A 1974 graduate of the University of Nebraska's College of Law,Heavican spent the early years of his career as a prosecutor, joining the Lancaster County Attorney's office in 1975. He was named the chief deputy county attorney in 1981 and held that role for less than a year before becoming the county's top prosecutor.

Heavican led the County Attorney's office until 1991, when he became anAssistant U.S. Attorney for the District of Nebraska, serving as a federal prosecutor untilHeineman appointed him to the state's high court in 2006.

Nebraskans voted to retainHeavican as the court's chief justice three times, doing so in 2010, 2016 and 2022, when 71.3% of those who cast a ballot voted to retain him.

Heavican in 2013 wasselected to lead two national judicial organizations. He wasnamed president of the Conference of Chief Justices and the chairman of the board of the National Center for State Courts, servingone-year terms in both positions.

Pillen will ultimately name Heavican's replacement on the court after Nebraska's Judicial Nominating Commission fields applications and presents potential nominees to the governor.

As news of Heavican's retirement spread Wednesday afternoon, some of Nebraska's most prominent politicians and attorneys saluted the chief justice's contributions to Nebraska.

In a statement Wednesday, Pillen congratulated Heavican on his retirement and thanked him "for his amazing public service to the state of Nebraska."

"He has served Nebraska's Supreme Court with professionalism, rooted in deep regard for the rule of law," Pillen said in the statement. "I have enjoyed getting to know Chief Justice Heavican and I often repeat to others the observation he made to me about walking into the Supreme Court Chamber.

"He noted that each time felt like the very first — conveying a wonderment, love and appreciation for a career that has resulted in immense satisfaction and fulfilment. I wish Mike the very best in all his future endeavors."

Lt. Gov. Joe Kelly, a former prosecutor who, like Heavican, previously served as Lancaster County Attorney and U.S. Attorney for the District of Nebraska, called Heavican "the perfect example of all that a public servant should be.”

Attorney General Mike Hilgers, who served as the speaker of Nebraska's Legislature before he was elected the state's top lawyer in 2022, said Wednesday that Heavican's "record of service to the state is virtually unmatched."

"As Speaker and now Attorney General,I have had a front row seat to his immense impact on our state," Hilgers said. "His honesty, thoughtfulness, and pursuit of fairness and justice are second to none. We will miss his leadership.”

U.S. Rep Mike Flood, who represents Nebraska's 1st Congressional District and also previously served as thespeaker of the Legislature, said Heavican "has delivered exemplary service for the people of Nebraska" and "has preserved the independence of our judiciary while collaborating with the state’s leaders to strengthen and expand its engagement with the public."

Flood andHeavican collaborated to establish the "State of the Judiciary" address that is now an annual event in which the chief justice delivers updates to state lawmakers on the legislative floor.

Heavican has also used the annual addresses in recent years to subtly— or, sometimes, overtly— advocate for investment in programs meant to curb the flow of offenders into the state’s crowded prisons.

In 2017 and 2018, the chief justice used his speech to lawmakers to make the casefor the long-term savings that come from expanding programs such as adult probation andproblem-solving courts.

As the judiciary faced a proposed $8.2 million budget cut in 2017 that Heavican said would undo progress aimed at alternatives to incarceration, he offered perhaps the strongest worded speech to lawmakers he gave in his tenure as the chief justice, urging senators to "live up to your end of the justice reinvestment bargain."

"There were those who said that justice reinvestment would never be adequately funded," Heavican said then."You're looking at one of the skeptics."

In his latest speech to lawmakers in January,Heavican again pointed to the need for more problem-solving courts in the state.