Nebraska Advisory Opinions February 22, 1990: AGO 90012 (February 22, 1990)

Advisory Opinion Text

Date: February 20, 1990

A. Eugene Crump Deputy Attorneys General

SUBJECT: Publication of Judicial Nominating Commission Votes

REQUESTED BY: Senator Rex Haberman Nebraska State Legislature

WRITTEN BY: Robert M. Spire, Attorney General Linda L. Willard, Assistant Attorney General

You have inquired regarding the constitutionality of legislation concerning the publication of judicial nominating commission votes (LB 878). Specifically, you ask if this is a violation of Article V, Section 21, Subsection (5), of the Constitution of the State of Nebraska which states:

Members of the nominating commission shall vote for the nominee of their choice by roll call. Each candidate must receive a majority of the voting members of the nominating commission to have his name submitted to the Governor.

It is our determination that legislation concerning the publication of judicial nominating commission votes would not be contrary to the Constitution. The State Constitution is not a grant but rather a restraint on legislative power, and the Legislature may legislate on any subject not inhibited by the Constitution. Lenstrom v. Thone, 209 Neb. 783, 311 N.W.2d 884 (1981). See also, State ex rel. Creighton University v. Smith , 217 Neb. 682, 353 N.W.2d 267 (1984).

Since the Constitution does not prohibit the publication of the nominating commission votes, the statute publication would not be unconstitutional.

Sincerely,

ROBERT M. SPIRE Attorney General

Linda L. Willard, Assistant Attorney General