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Nebraska Attorney General

From Wikipedia, the free encyclopedia
Attorney General of Nebraska
Incumbent
Mike Hilgers
since January 5, 2023
TypeChief legal officer
SeatLincoln
Term length4 years
FormationFebruary 21, 1867
First holderChampion Chase
WebsiteNebraska Attorney General official website

The Nebraska attorney general is the chief law enforcement officer and lawyer for the U.S. state of Nebraska. The attorney general also serves as the head of the Nebraska Department of Justice.[1] The attorney general as head of the Nebraska Justice Department has "general control and supervision of all actions and legal proceedings in which the State of Nebraska may be a party or be interested, and has charge and control of all legal business of all departments and bureaus of the state... which requires the services of attorney or counsel in order to protect interests of the state."[1]

History

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Territorial

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The 1915 Nebraska Blue Book states that "The genesis of the office of the attorney general of Nebraska is obscure and a matter of some controversy."[2] The Kansas–Nebraska Act, which created the Territory of Nebraska, provided for a U.S. Attorney for the territory to be appointed by the President.[2] In his message to the territorial legislature on January 6, 1857, Territorial Governor Mark W. Izard referred to this office as that of "attorney general,"[2][3] and other sources also refer to the territorial U.S. attorneys from that time as the "attorney general" of the territory.[4][5][6] On February 4, 1857, the territorial legislature passed an act "for the relief of Experience Estabrook," the first U.S. attorney for Nebraska territory, to grant $100 from the territorial treasury for his services in prosecuting cases for the territory.[2] Thus, the 1915 blue book concludes, at least in part, that "It would appear... that the attorney for the territory and the attorney general were the same."[2]

However, on January 23, 1856, the territorial legislature passed a bill providing for the election of "one Attorney General," among other officers.[7] Thus, on May 30, 1857, Territorial Governor Mark Izard called for an election on August 3, 1857.[7] At this election, Charles F. Grant, the first city attorney for Omaha, Nebraska,[8] was elected as attorney general for Nebraska Territory.[9][10][11] Grant served in this position for only about a year when the territorial legislature decided to abolish the office of territorial attorney general.[12] A bill entitled "An act to abolish the office of Attorney-General," which gave the duties of the office to the district attorneys, was passed on October 12, 1858,[13][2] and signed by Territorial Governor William Alexander Richardson on October 18, 1858.[14]

State

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The first Nebraska Constitution of 1866 did not provide for the office of an attorney general.[15] Instead, the office of attorney for the State of Nebraska was provided for by the Nebraska Legislature by statutes dated June 21, 1867, and later February 9, 1869,[2] to be appointed by the Governor of Nebraska.[16] Thus, Nebraska Governor David Butler appointed the first two attorneys general of the state, Champion S. Chase and Seth Robinson.[16][17][18]

On February 15, 1869, the Nebraska Legislature changed the law so that the attorney general would be elected every two years, just like the state's constitutional officers, instead of being appointed by the governor.[19] This law took effect for the first time in the election of 1870, in which George H. Roberts became Nebraska's first elected attorney general. In 1873, in his address to the Nebraska Legislature, acting Nebraska governor William H. James noted that "The office of attorney-general is unknown to the constitution, and exists only under and by virtue of legislative enactment."[20] He recommended that the office be abolished, a recommendation the legislature did not act on.[20]

In 1875, voters replaced the Nebraska Constitution of 1866 with the Nebraska Constitution of 1875, which remains Nebraska's constitution today. This constitution elevated the office of attorney general from a statutory office to a constitutional office, on par with Nebraska's other constitutional offices, to be elected every two years.[21][22] In 1919, the Nebraska Legislature created the Nebraska Department of Justice, to be administered by the attorney general.[1] In 1964, voters approved a constitutional amendment which changed the term of the attorney general (as well as all other constitutional officers of Nebraska) from two to four years beginning with the election of 1966.[1]

List of territorial attorneys

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U.S. Attorneys

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# Image Territorial U.S. Attorney[23] Term Party
1 Experience Estabrook 1854–1859 Democratic
2 Leavitt L. Bowen 1859–1860 Democratic
3 Robert A. Howard 1860–1861 Democratic
4 David L. Collier 1861–1864 Republican
5 Daniel Gantt 1864–1867 Republican

Attorney General

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# Image Territorial Attorney General Term Party
1 Charles F. Grant 1857–1858 Unknown

List of attorneys general

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Parties

  Republican (26)   Democratic (6)   Fusion (Democratic/Populist) (1)

# Image Attorney General Term Party
1 Champion S. Chase[a] 1867–1869 Republican
2 Seth Robinson[b] 1869–1871 Republican
3 George H. Roberts 1871–1873 Republican
4 Joseph R. Webster 1873–1875 Republican
– George H. Roberts 1875–1879 Republican
5 Caleb J. Dilworth[26] 1879–1883 Republican
6 Isaac Powers, Jr. 1883–1885 Republican
7 William Leese 1885–1891 Republican
8 George H. Hastings 1891–1895 Republican
9 Arthur S. Churchill 1895–1897 Republican
10 Constantine J. Smyth 1897–1901 Fusion[c]
11 Frank N. Prout 1901–1905 Republican
12 Norris Brown 1905–1907 Republican
13 William T. Thompson[d] 1907–1910 Republican
14 Arthur F. Mullen[e] 1910–1911 Democratic
15 Grant G. Martin 1911–1915 Republican
16 Willis E. Reed 1915–1919 Democratic
17 Clarence A. Davis 1919–1923 Republican
18 Ora S. Spillman 1923–1929 Republican
19 Christian A. Sorensen 1929–1933 Republican
20 Paul F. Good 1933–1935 Democratic
21 William H. Wright 1935–1937 Democratic
22 Richard C. Hunter 1937–1939 Democratic
23 Walter R. Johnson 1939–1949 Republican
24 James H. Anderson[f] 1949–1950 Republican
25 Clarence S. Beck[g] 1950–1951 Republican
26 Harold P. Caldwell[h] 1951 (one day) Democratic
– Clarence S. Beck[i] 1951–1961 Republican
27 Clarence A. H. Meyer 1961–1975 Republican
28 Paul L. Douglas[j] 1975–1984 Republican
– Acting Patrick O'Brien[k] 1985 Republican[40]
– Acting Eugene Crump[l] 1985 Democratic[43]
29 Robert M. Spire[m] 1985–1991 Republican
30 Don Stenberg 1991–2003 Republican
31 Jon Bruning 2003–2015 Republican
32 Doug Peterson 2015–2023 Republican
33 Mike Hilgers 2023–present Republican

Notes

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  1. ↑ Appointed by Governor David Butler.[16][17] The current Nebraska Blue Book and blue books since 1899 have stated that his term began on February 21, 1867, when the constitutional officers of Nebraska took office;[1][24][25] however, this appears unlikely since the statute creating the position of state attorney and later attorney general for Nebraska was not passed by the legislature until June 21, 1867,[2] and newspapers of the time do not report the governor appointing anyone to that office until September 1867.[16]
  2. ↑ Appointed by Governor David Butler.[18]
  3. ↑ Joint Populist-Democratic ticket.
  4. ↑ Resigned after being appointed Solicitor of the United States Treasury by President William Howard Taft.
  5. ↑ Appointed by Governor Ashton Shallenberger to fill vacancy. In office October 31, 1910, to January 5, 1911.[1]
  6. ↑ Resigned to become counsel for Union Pacific Railroad Company.
  7. ↑ Appointed by Governor Val Peterson to fill vacancy on March 1, 1950; elected in November 1950.
  8. ↑ Caldwell was elected in a special election to fill the vacancy created by the resignation of James H. Anderson. Although the governor had appointed Clarence S. Beck to the post, Caldwell argued that it was still a vacancy to be filled by a special election, since the governor's appointee could only hold office "until the next election."[27] Since no other candidates filed to run to fill the short-term vacancy, Caldwell was elected, but his election was disputed. Caldwell argued that he should take office immediately upon the vote being certified on November 27, 1950,[28] whereas Beck argued that Caldwell couldn't take office until the Nebraska Legislature canvassed the result on January 2, 1951.[29] The Nebraska Supreme Court heard the dispute on December 2, 1950, and sided with Beck that Caldwell could not take office until the Legislature canvassed the vote.[30] Caldwell became attorney general on January 2, 1951, after the Legislature had canvassed the vote. He only served in office about 31 hours until midnight on January 4, 1951, when Beck was reinstated pursuant to Nebraska Constitution Article XVII, Section 5.[31][32]
  9. ↑ Originally appointed in March 1950 and elected to a full term in November 1950, Beck took the office back on January 4, 1951, after Harold P. Caldwell occupied it for roughly 31 hours.[31][32]
  10. ↑ Resigned after being convicted of perjury.[33] His conviction was later overturned.[34]
  11. ↑ O'Brien was named acting attorney general[35] by Governor Bob Kerrey after Douglas resigned.[36][37] He served from January 1, 1985, to January 5, 1985.[38][39]
  12. ↑ Crump was named acting attorney general[41][42] by Governor Bob Kerrey at the request of incoming attorney general appointee Robert M. Spire to manage the office from January 5, 1985, until Spire took office on March 1, 1985.[38]
  13. ↑ Appointed by Governor Bob Kerrey to fill vacancy. Sworn in on March 1, 1985; elected in 1986.

References

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  1. 1 2 3 4 5 6 Heltzel, Kate, ed. (2025). "Nebraska Blue Book 2024–25" (PDF). Nebraska Library Commission. pp. 433–435.
  2. 1 2 3 4 5 6 7 8 Sheldon, Addison E., ed. (1915). "The Nebraska Blue Book and Historical Register 1915" (PDF). Nebraska Library Commission. pp. 204–205.
  3. ↑ State of Nebraska (1857). "Journal of the House of Representatives at the Third Session of the General Assembly of the Territory of Nebraska". HathiTrust. p. 18.
  4. ↑ "Can the Legislature—the law making power of a State or Territory—Constitutionally enact laws at any other place than at the Seat of Government?". The Nebraska Advertiser. February 11, 1858. p. 2. Retrieved August 7, 2026. Another instance has been quoted by Attorney General Estabrook of this Territory...
  5. ↑ "Governor's Message". The Nebraska Palladium. January 24, 1855. p. 2. Retrieved August 7, 2026. Mr. Estabrook, Attorney General of Nebraska, arrived a few days ago.
  6. ↑ "The Late Contest". The Omaha Nebraskian. September 23, 1857. p. 2. Retrieved August 7, 2026. The board of canvassers consists of Governor Izard; Attorney General Estabrook, and Associate Justice Black.
  7. 1 2 "Proclamation by the Governor of Nebraska". Bellevue Gazette. July 16, 1857. p. 2. Retrieved August 7, 2026.
  8. ↑ "Local Items". The Omaha Nebraskian. March 18, 1857. p. 3. Retrieved August 7, 2026. Chas. Grant, Esq., was elected attorney for this city...
  9. ↑ Morton, J. Sterling; Watkins, Albert (1907). "Illustrated History of Nebraska". p. 310.
  10. ↑ "Territorial and District Officers". The Omaha Nebraskian. September 9, 1857. p. 2. Retrieved August 7, 2026. The following named gentlemen have been elected... Charles Grant, Attorney General...
  11. ↑ "Official Vote of Nebraska Territory At an Election held on the 3d of August, 1857". The Omaha Times. September 17, 1857. p. 3. Retrieved August 7, 2026.
  12. ↑ "Town & Territory". The Wyoming Post. April 17, 1858. p. 3. Retrieved August 7, 2026. Attorney-General Grant is about removing from Kanosha to Omaha.
  13. ↑ State of Nebraska (1859). "House Journal of the Legislative Assembly of the Territory of Nebraska, Fifth Session". HathiTrust. p. 89.
  14. ↑ "Correspondence from the Capitol". The Nebraska Advertiser. October 28, 1858. p. 2. Retrieved August 7, 2026.
  15. ↑ Constitution of the State of Nebraska: Joint Resolution, Submitting a Constitution for a State Government to the People for Their Approval or Rejection. State of Nebraska. February 1866.
  16. 1 2 3 4 "That Is What We Say–"A Good Appointment"". The Omaha Daily Herald. September 26, 1867. p. 2. Retrieved August 1, 2026. By virtue of the power conferred upon the Governor by the late session of the Legislature, to appoint an Attorney for the State, Governor Butler has designated and commissioned Colonel Champion S. Chase, of this city, to fill that position. This, virtually, makes Colonel Chase Attorney-General for Nebraska.
  17. 1 2 Omaha Illustrated: A History of the Pioneer Period and the Omaha of Today. D.C. Dunbar and Co. 1888. p. 35. Retrieved August 1, 2026. In 1867 [Chase] was appointed Attorney General for the State, an office which he filled for two years.
  18. 1 2 "Communicated". The Nebraska Advertiser. May 13, 1869. p. 1. Retrieved August 1, 2026. ...the Governor has appointed one Seth Robinson, Attorney General for the State.
  19. ↑ "An Act to Provide for the Election of an Attorney General". The Omaha Weekly Republican. April 28, 1896. p. 1. Retrieved August 1, 2026.
  20. 1 2 State of Nebraska (1873). "House Journal of the General Assembly of the State of Nebraska. Ninth Regular Session". HathiTrust. pp. 33–34.
  21. ↑ Sheldon, Addison E. (1920). Nebraska Constitutions of 1866, 1871 & 1875 and Proposed Amendments Submitted to the People, September 21, 1920. American Printing Company.
  22. ↑ Gaul, Kate (2017). "The Nebraska Constitution: 1866-2016" (PDF). Legislative Research Office.
  23. ↑ Heltzel, Kate, ed. (2025). "Nebraska Blue Book 2024–25" (PDF). Nebraska Library Commission. p. 152.
  24. ↑ Sheldon, Addison E., ed. (1915). "The Nebraska Blue Book and Historical Register 1915" (PDF). Nebraska Library Commission. p. 12.
  25. ↑ Stonebraker, Orville M., ed. (1900). "Nebraska Blue Book 1899 and 1900" (PDF). Nebraska Library Commission. p. 108.
  26. ↑ "Republican Ticket". Nebraska State Journal. November 5, 1878. p. 2.
  27. ↑ "Filing Books Closed: Final Day Has Flurry of 11th Hour Surprises". Holdrege Daily Citizen. June 30, 1950. p. 1. Retrieved November 10, 2024.
  28. ↑ "Caldwell to Attend Vote Certifying". Lincoln Journal Star. November 26, 1950. p. 1. Retrieved November 10, 2024.
  29. ↑ "Caldwell Case Debate Heard: Supreme Court Hears Oral Arguments". Omaha World-Herald. December 2, 1950. p. 2. Retrieved November 10, 2024.
  30. ↑ "Caldwell to Hold Attorney General Office for 'Few Hours'". Kearney Hub. December 9, 1950. p. 1. Retrieved November 10, 2024.
  31. 1 2 "Omaha Demo[crat] Has 'Smooth Day' As State Officer". McCook Daily Gazette. January 4, 1951. p. 5. Retrieved November 10, 2024. Beck, whom Caldwell unseated, took over the office last night at midnight.
  32. 1 2 "Caldwell Files for Omaha Council". The Columbus Telegram. March 8, 1951. p. 4. Retrieved November 10, 2024.
  33. ↑ "Kerrey to speed up attorney general pick". Fremont Tribune. January 2, 1985. p. 5. Retrieved August 6, 2026.
  34. ↑ "Ex-Nebraska Aide's Conviction Reversed". Los Angeles Times. May 31, 1986.
  35. ↑ Thomas, Fred (December 31, 1984). "Bet Services Ponder How to Get New Life". Omaha World-Herald. p. 13. Retrieved August 5, 2026. Patrick O'Brien, acting Nebraska attorney general...
  36. ↑ Kotok, C. David (December 27, 1984). "Governor Opens Search for Successor to Douglas". Omaha World-Herald. p. 1. Retrieved August 5, 2026.
  37. ↑ "Kerrey: Hope to Fill Douglas Vacancy Within Thirty Days". The Alliance Times-Herald. December 27, 1984. p. 1. Retrieved August 5, 2026.
  38. 1 2 Joyce, James (January 5, 1985). "Spire to Lead by Example". Lincoln Star. p. 4. Retrieved August 5, 2026.
  39. ↑ Schreiner, Bruce (December 26, 1984). "Senators express relief over Douglas resignation". Beatrice Daily Sun. p. 3. Retrieved August 6, 2026.
  40. ↑ Walton, Don (February 7, 1985). "County attorney emerges as dedicated prosecutor". Lincoln Star. p. 1. Retrieved August 5, 2026.
  41. ↑ Schreiner, Bruce (March 8, 1985). "O'Brien resigns as counsel to AG". Beatrice Daily Sun. p. 3. Retrieved August 6, 2026.
  42. ↑ "Crump says he'll handle O'Brien case privately". Lincoln Star. February 23, 1985. p. 7. Retrieved August 6, 2026.
  43. ↑ Reeves, Bob (November 7, 1990). "Stenberg holds lead over Demo Crump". Lincoln Star. p. 14. Retrieved August 5, 2026.
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