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January 23, 2012 –Nebraska’s Senator Ben Nelson announced that Nebraska Supreme Court Justice John M. Gerrard was confirmed this evening to be U.S. district judge for the District of Nebraska by an strong bipartisan vote of 74-to-16.M
“The Senate’s strong confirmation of Justice Gerrard is a testament to the outstanding experience, intellect and temperament he will now bring to the federal bench,” Senator Nelson said. “Justice Gerrard has built an exceptional record in both private practice and on the Nebraska Supreme Court. He will do an exemplary job as a U.S. district judge.”
United States district courts are the trial courts of the federal system. Within limits set by Congress and the Constitution, the district courts have jurisdiction to hear nearly all categories of federal cases, including both civil and criminal matters.
“My Nebraska colleague, Senator Mike Johanns, has been an excellent partner in building bipartisan support for Justice Gerrard’s confirmation. I appreciate Senator Johanns’ efforts to work with me on behalf of the people of Nebraska,” Nelson said.
At Gerrard’s confirmation hearing before the Senate Judiciary Committee in September, both of Nebraska’s U.S. senators spoke in favor of his nomination. In October, the Judiciary Committee approved Gerrard’s nomination.
Gerrard will replace Judge Richard Kopf, who was seated in 1992 and took senior status on Dec. 1, 2011.
“I have known John Gerrard for nearly 20 years and believe he will serve the people of Nebraska extremely well as a federal judge, just as he has on our state’s highest court,” Nelson said.
As governor, Nelson appointed Gerrard to the Nebraska Supreme Court on April 20, 1995, and Gerrard was sworn in July 6, 1995. Nebraskans voted to retain Gerrard on the court in 1998, 2004, and 2010. He has consistently received top ratings by the Nebraska State Bar Association in its biennial judicial evaluations.
Gerrard, 58, is a native of Schuyler. He has served as a private attorney, a city attorney, and as counsel to several public schools in Nebraska.
In 2006, Gerrard received the Distinguished Judge for Improvement of Judicial System award from the Nebraska judicial system for his work 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 and other means 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, (Feb. 27, 2009), which overturned an arbitrator’s reinstatement of a state patrolman who voluntarily affiliated with the Ku Klux Klan. Gerrard and his colleagues found reinstatement would violate Nebraska’s well-established public policy that laws should be enforced without racial or religious discrimination.
Other opinions written by Gerrard helped clarify legal standards in Nebraska on topics including expert testimony, evidence in homicide cases, and duty analysis in negligence cases.
Prior to his service as a judge, 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. He served as the Battle Creek city attorney, and as counsel to Northeast Community College, Norfolk Public Schools and other northeast Nebraska public 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 law degree in 1981 from The University of the Pacific’s McGeorge School of Law.
This afternoon, Nelson spoke on the floor of the U.S. Senate in support of Gerrard’s nomination.
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