LINCOLN — Nebraska Supreme Court Justice Lindsey Miller-Lerman, the first woman to serve on the state’s high court and its longest-serving current member, announced her retirement effective Oct. 31.

Miller-Lerman was appointed to the seven-member state Supreme Court in 1998 by former Gov. Ben Nelson, the state’s last Democrat to serve in that role. When Nebraska created a Court of Appeals in 1991, she was tapped to be one of its first judges.

“It has been a privilege to serve the citizens of Nebraska as an appellate judge since 1992,” Miller-Lerman, 78, said in a statement released by Gov. Jim Pillen’s office.

Pillen, in a three-paragraph statement Tuesday announcing her retirement, thanked Miller-Lerman for her service.

A feature story from Columbia Law School in 2023 interviewed Miller-Lerman, Class of 1973, who said her worst grade at the law school was in the first course taught by Ruth Bader Ginsburg, class of 1959.

The subject was sex discrimination and the law and Miller-Lerman said that her teacher — who went on to become the second woman on the U.S. Supreme Court in 1993 — was way ahead of the legal curve. “I really didn’t get it,” she said of Ginsburg’s class. “Her thinking was so far evolved.”

But since then, the story said, Miller-Lerman went on to spend a 50-year career “pathmarking” as a woman in the law.

In 1980, when she was named partner at the Omaha law firm Kutak Rock, the promotion made the front page of The Wall Street Journal because she worked part time.

Chief Justice Jeffrey Funke described Miller-Lerman as a trailblazer her entire life.

“Her legal career is marked by dedicated, professional and intellectual service to the State of Nebraska,” he said.

The entire Court extended its “deepest appreciation” to their colleague, he said, for her many years of service.

Funke said Miller-Lerman has shown “extraordinary legal intellect and a steadfast commitment to the rule of law.” He said her opinions reflected both clarity of thought and deep respect for people and institutions of Nebraska.

Her contributions leave a lasting impact on the legal system of the state, Funke said, adding that she was kind, caring and that working alongside her was a “genuine pleasure.”

Nelson said he was happy for Miller-Lerman’s opportunity to retire but sorry to see her “solid judicial ability” leave the bench.

The former governor recalled interviewing Miller-Lerman decades ago, and reinforcing his search for a judge whose decisions would not be led by either conservative or liberal views. He wanted someone who would apply the law.

“I think that is the way she has responded from the bench,” he said. “She’s done an outstanding job.”

State Sen. Danielle Conrad of Lincoln said she was surprised and saddened by the announcement, saying it would leave “a significant void in the jurisprudence of the Nebraska Supreme Court.”

However, Conrad, a lawyer, said she was honored to have followed Miller-Lerman’s “incredible, distinguished” career and wished her well in her next steps. She described Miller-Lerman as passionate, filled with smart questions and a role model to women lawyers in Nebraska.

While Miller-Lerman was a successful and serious litigator, she had a lighter side and an ability to break down complex legal issues, Conrad said.

She recalled a Miller-Lerman concurrence that invoked The Simpsons cartoon clan when state executives tried to circumvent a law restoring voting rights to felons who had completed their time.

“Patty and Selma at the Department of Motor Vehicles may not be constitutional scholars, but they know they are expected to follow the law,” she wrote.

Patty and Selma are Marge Simpson’s twin sisters known for their chain-smoking habit and their careers at the Springfield DMV.

“It was such a clever way to point out both the gravity and absurdity of the case before the Court,” said Conrad.

In another case involving children, Miller-Lerman wrote what Conrad called a “searing” dissent to a 4-1 Nebraska Supreme Court decision that upheld immunity for the Nebraska Department of Health and Human Services when three siblings suffered more than a decade of sexual and physical abuse while in foster care.

“Justice Miller-Lerman was not afraid to use her pen to publish a concurrence or dissent lifting up really critical points of law,” said Conrad.

She said her opinions often provided “peace of mind” to litigants who might not have won “but had somebody in the highest echelons of the Nebraska legal system who … did understand the legal theory they were bringing forward.”

The Judicial Nominating Commission for the Supreme Court’s Second District, which consists of Douglas County, will seek names of potential nominees to be presented to Pillen, who will make the appointment.

That nominating commission is chaired by Justice Stephanie Stacy, the second woman to serve on the Nebraska Supreme Court.

The commission includes a high court justice and eight others, half of whom are lawyers picked by the State Bar Association and four non lawyers appointed by the governor. Protocol calls for the commission to hold a public meeting to hear from candidates and forward at least two names to the governor.

Justices are paid a salary of $228,431.

The Chief Justice represents the state at large, and the six associate judges each represent one of the state’s six judicial districts.

This story was published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. Read the original article: https://nebraskaexaminer.com/2025/08/27/justice-lindsey-miller-lerman-fi...