Governor Jim Pillen announced his appointment of Justice Jeffrey J. Funke as chief justice to the Nebraska Supreme Court. Funke has served on the Supreme Court since he was appointed an associate justice in 2016. He will move to the role of chief justice on Nov. 1, following the official retirement of Chief Justice Mike Heavican on Oct. 31.
“Ultimately, I found Justice Funke to have all the attributes we expect of a court leader – a sound judicial temperament, a brilliant mind and an abiding commitment to honoring the text of the law as it is written, not as he might prefer it,” said Gov. Pillen.
Representatives from all three branches of state government were in attendance for the morning announcement including Speaker of the Legislature, Senator John Arch; Justice Funke’s colleagues from the Nebraska Supreme Court; and judges from the Nebraska Court of Appeals. Representatives from the federal district court included Chief Judge Robert Rossiter and U.S. District Court Judge John Gerrard, who served on Nebraska’s Supreme Court prior to his appointment to the federal bench.
Speaking to the “historic day” of appointing a chief justice to the court, Gov. Pillen acknowledged the legacy of current Chief Justice Heavican, who will depart next week following 18 years on the bench. “I thank Chief Justice Heavican for his leadership, for his service to his state and country, and for the lesson in public service he has provided to all of us.”
Addressing his successor, Chief Justice Heavican noted his appreciation of Justice Funke who, during his eight years on the Supreme Court, had already demonstrated initiative in assuming responsibility for various administrative functions. “I have very good things to say about Jeff. He has shown great leadership all along and I am very confident he will do a very fine job as chief justice.”
“You got this job because of the work that you have done and because of the respect you have earned,” said Lieutenant Governor Joe Kelly. “This is a wonderful day for you and your family.”
Gov. Pillen noted that the process of selecting a new jurist for the state’s highest court was a rigorous one. Four judges, including Funke, applied for the position.
“All were impressive on paper and in person and I thank each of them, not only for their current judicial service, but also for their willingness to offer themselves for more,” said Gov. Pillen.
“I want to thank the Governor and Lt. Governor for taking this process so seriously,” said Justice Funke. Prior to his personal interview with the Governor and Lt. Governor, Justice Funke was thoroughly reviewed and had a public hearing before an eight-member nominating commission consisting of both attorneys and lay people.
“Justice Funke’s impressive record of service has prepared him well for this role,” said Gov. Pillen. “I know he is humbled by the challenges that lay before him, but he has the experience and the expertise necessary to tackle those challenges.”
In addition to thanking colleagues and family, Justice Funke also thanked the 1,500 workers in the judicial branch. “They are among the heart and soul of what we do and why we do it and how we do it. Their only responsibility is to serve the public and they do that tirelessly. They do that with innovation and creativity, and they take on every challenge given to them. Whatever success we have had in the past and whatever success we have in the future — I owe to all of them.”
Justice Funke was joined at the podium by his wife Hettie and their children Jack, Will, Maggie and Mark.
Prior to his appointment to the Supreme Court representing the Fifth Judicial District, Funke served as both a district court judge and a county court judge for District 2 (Cass, Sarpy and Otoe counties). He was a presiding judge in both courts.
Before becoming a judge, Funke was in private practice in Otoe County. Concurrently, he was a deputy public defender, a deputy county attorney and later, the county attorney.
Justice Funke has a bachelor’s degree in business administration from the University of Nebraska – Lincoln (UNL) and a Juris Doctor from the University of Nebraska College of Law. He has been active in numerous law-related activities including as a volunteer judge for high school mock trial competition, serving on multiple bar associations and taking part in committee work specific to the Nebraska Supreme Court.
The Supreme Court consists of the chief justice and six associate justices. The chief justice represents the state at large and has general administrative authority over all state courts. Each associate justice represents his/her own judicial district.
Justice Funke’s appointment as chief justice will require a second appointment to the Supreme Court by Gov. Pillen, for the seat representing the Fifth Judicial District which covers Cass, Otoe, Johnson, Pawnee, Nemaha and Richardson counties.