7-111. Practice of law by judge and certain officials; prohibited; exceptions; penalty.

No person shall be permitted to practice as an attorney in any of the courts of this state while holding the office of judge of the Supreme Court, Clerk of the Supreme Court, judge of the Court of Appeals, judge of the district court, judge of the Nebraska Workers' Compensation Court, or judge of the county court. No sheriff, constable, county clerk, clerk of the district court, or jailer shall practice as an attorney in any court in the county where he or she holds office. Such prohibition shall not apply to acting judges of the Nebraska Workers' Compensation Court appointed under section 48-155.01. An attorney at law who holds the office of clerk magistrate shall not be permitted to practice as an attorney in any action, matter, or proceeding brought before himself or herself or appealed from his or her decision to a higher court, nor shall any county judge draw any paper or written instrument to be filed in his or her own court except such as he or she is required by law to draw. No clerk magistrate shall draw any paper or written instrument in any matter assigned to him or her except such as he or she is required by law to draw. Any person who violates any of the provisions of this section shall be guilty of a Class V misdemeanor.

Source:R.S.1866, c. 3, § 11, p. 16; Laws 1877, § 1, p. 39; Laws 1899, c. 5, § 2, p. 55; Laws 1903, c. 6, § 1, p. 56; R.S.1913, § 275; Laws 1917, c. 5, § 1, p. 58; C.S.1922, § 270; C.S.1929, § 7-111; R.S.1943, § 7-111; Laws 1959, c. 13, § 1, p. 127; Laws 1969, c. 28, § 1, p. 232; Laws 1969, c. 29, § 1, p. 233; Laws 1971, LB 2, § 1; Laws 1972, LB 1032, § 92; Laws 1977, LB 40, § 36; Laws 1984, LB 13, § 1; Laws 1991, LB 732, § 11.

Cross References

Constitutional prohibition on practice of law, see Article V, section 14, Constitution of Nebraska.

Annotations

Attorney holding office of county judge cannot practice in own court. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).

County judge cannot practice in any proceeding brought in his own court. State ex rel. Nebraska Bar Assn. v. Wiebusch, 153 Neb. 583, 45 N.W.2d 583 (1951).