Gov. Jim Pillen has announced the appointment of a current member of the Nebraska Supreme Court to take over the position of chief justice following the retirement of Chief Justice Michael Heavican at the end of this month.
Jeffrey Funke, who has served as a justice since 2016 after being appointed by former Republican Governor Pete Ricketts, will step into the role of chief justice. Funke has been recognized for his conservative judicial stance during his time on the court.
Recently, Funke was one of two justices who expressed their intent to challenge the constitutionality of state laws aimed at reinstating voting rights for individuals who have completed their felony sentences. He supported Republican officials in blocking the execution of newly passed legislation that sought to restore voting rights immediately after the completion of a felony sentence. This position was also backed by Pillen, who opposed the legislation.
The Nebraska Supreme Court ultimately ruled that the state’s chief election official lacked the authority to deny voting rights to felons so close to the upcoming election on November 5.
With Funke’s appointment as chief justice, Pillen will also have the duty to select another individual to occupy Funke’s current position as associate justice. In Nebraska, unlike numerous other states where justices are elected, supreme court justices are chosen by the governor from a list of candidates provided by a nominating committee.
A study conducted by the Center for Public Integrity last year highlighted the ideological shift occurring within state supreme courts over the past several decades. The findings revealed that in 1985, Democrats held two-thirds of all state supreme court judicial positions, while by 2020, more than half of these positions were occupied by Republicans.
Heavican, who is 77 years old, announced his retirement back in August, with an effective date of October 31. He was appointed to lead the Nebraska Supreme Court by Republican Governor Dave Heineman in 2006.
Funke, aged 55, will officially assume his duties as chief justice on November 1. Prior to his tenure on the Supreme Court, he had a decade-long career as a county and district judge in southeastern Nebraska. Funke also previously worked as a county attorney and a public defender, and he earned his law degree from the College of Law at the University of Nebraska-Lincoln.