Justice Lindsey Miller-Lerman, first woman to serve on Nebraska Supreme Court, to retire

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Justice Lindsey Miller-Lerman waves during the 2025 State of the Judiciary address, the first led by Chief Justice Jeffrey Funke of the Nebraska Supreme Court. Jan. 28, 2025. (Zach Wendling/Nebraska Examiner)

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 said in a statement released by Gov. Jim Pillen’s office.

 Nebraska Supreme Court justices at the 2024 investiture of Chief Justice Jeffrey Funke, far right. The justices sat by seniority, right to left, with Lindsey Miller-Lerman next to Funke. (Zach Wendling/Nebraska Examiner)
Nebraska Supreme Court justices at the 2024 investiture of Chief Justice Jeffrey Funke, far right. The justices sat by seniority, right to left, with Lindsey Miller-Lerman next to Funke. (Zach Wendling/Nebraska Examiner)

Pillen, in a three-paragraph statement Tuesday, 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 first 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.”

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.

Editor’s note: This is a developing story. It was last updated at 3:54 p.m.

Nebraska Examiner Reporter Zach Wendling contributed to this report.

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