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January 12, 2011 – Today, Nebraska’s Senator Ben Nelson recommended to President Obama that he nominate Nebraska Supreme Court Justice John Gerrard to become a federal judge in the United States District Court for Nebraska. Senator Mike Johanns of Nebraska also is supporting Gerrard’s nomination. Gerrard would replace Judge Richard Kopf, who will take senior status on Dec. 1, 2011.
“Justice Gerrard has built an exceptional record in private practice and on the Nebraska Supreme Court, and would do an exemplary job as a U.S. District Judge for the District of Nebraska,” said Senator Nelson. “He has the experience, the intellect and the temperament needed on our federal bench. I cannot think of anyone better qualified than Justice Gerrard, and I look forward to the President nominating him and seeing him through confirmation by the Senate.”
Senator Johanns said, "Justice Gerrard is a top-notch member of the Nebraska Supreme Court with a reputation as a disciplined judge. I look forward to being his advocate throughout the confirmation process in the Senate."
Justice Gerrard, 57, a native of Schuyler who grew up in Norfolk, has served as a private attorney, a city attorney, counsel to several public schools in Nebraska and has an outstanding public record as a judge.
Gerrard was named to the Nebraska Supreme Court by Nelson, then Nebraska’s governor, in 1995. Nebraska voters have retained Gerrard in office three times, in 1998, 2004 and 2010, and he consistently has received top ratings by the Nebraska State Bar Association in its biennial judicial evaluations.
In addition, in 2006, Gerrard received the Distinguished Judge for Improvement of Judicial System award from the Nebraska judicial system for his work as co-chair of the system’s Minority Justice Committee and the Interpreter Advisory Committee, as well as leading initiatives promoting racial and ethnic fairness under the law. He received the 2008 Legal Pioneer Award from the Nebraska State Bar Foundation for helping make the courts more user friendly to citizens from all cultures by utilizing technology to improve both understanding and participation in the courts.
On the Nebraska Supreme Court, Gerrard has authored more than 450 opinions, including the majority opinion in State v. Henderson, (2/27/09), overturning an arbitrator’s reinstatement of a state patrolman—who voluntarily affiliated with the Ku Klux Klan—back to duty. The court found reinstatement would violate Nebraska’s well-established public policy that laws should be enforced without racial or religious discrimination. He also authored the opinion in State v. Edwards, (7/10/09), in which the court found a homicide could be determined to have occurred through available evidence even though the victim’s body was not found. Other opinions he authored helped establish how legal cases are handled in Nebraska, including how expert testimony is received and clarifying duty analysis in negligence cases.
Prior to his service on the court, Gerrard was senior partner in the law firm of Gerrard, Stratton & Ptak, P.C., in Norfolk, where he was in private practice for 14 years representing a variety of general legal issues. He served as the Battle Creek city attorney and counsel to Northeast Community College, Norfolk Public Schools and other northeast Nebraska school districts.
Gerrard received a Bachelor’s degree from Nebraska Wesleyan University in 1975, a Master’s of Public Administration in 1977 from the University of Arizona and his J.D. degree in 1981 from Pacific McGeorge School of Law.
He and his wife, Nancy, have been married for 33 years and have four children.
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