Nebraska Constitutional Officer Impeached:  Domina Chosen to Prosecute Case

Nebraska Constitutional Officer Impeached: Domina Chosen to Prosecute Case

For the second time since 1900, and the second time in this State's history, a constitutional officer has been impeached by the Nebraska Legislature. This impeachment will result in the second trial ever held in the Nebraska Supreme Court at the Capitol Building in Lincoln.

The Nebraska Legislature chose Omaha lawyer David Domina and Domina Law Group pc llo to prosecute the Hergert Impeachment Articles. Unlike some other places, in Nebraska, this means Domina will call witnesses, present evidence, and conduct a formal trial to the seven Justices of the Nebraska Supreme Court.

In 1984, the Nebraska legislature impeached the State's incumbent Attorney General. Four figures in that impeachment proceeding are involved in this one. They are:

  1. David Domina: Prosecutor in the Hergert Impeachment; Special Acting Attorney General who investigated the then-incumbent Attorney General, which led to the impeachment in the first one. Domina was a witness in the impeachment so he could not try the 1984 case.
  2. Senator Chris Beutler - Lincoln: One of two Senators leading the fight on the Legislator's floor for each impeachment
  3. Senator Ernie Chambers - Omaha: Senator Chambers filed the impeachment resolution in 1984, and was one of the Senators who filed the Hergert Impeachment Resolution in 2006. He led the impeachment battle with Senator Beutler.
  4. Patrick O'Donnell: Clerk of the Nebraska Legislature.
Since the 1984 impeachment and trial before the Supreme Court, much has changed in Nebraska's legal structure. Now, as a result of a constitutional amendment enacted in 1986:
  • Guilt on one or more impeachment articles must be established by clear and convincing evidence, not guilt beyond reasonable doubt.
  • The trial is conducted as in a civil proceeding, not in a criminal one. The accused has no privilege against testifying.
  • Five of seven judges must vote for conviction on one or more Impeachment Articles to remove Mr. Hergert permanently from the office of Regent.

Impeachment is a solemn constitutional process. If convicted, impeachment concludes the accused official is corrupt and should be permanently removed from the office he/she holds, and barred from holding elective office in the future.

"I am honored the Nebraska Legislature has bestowed upon me the solemn obligation to prosecute the impeachment articles. I will do my best," said David Domina of the task before him.

April 19, 2006
David Domina

Domina Law Group pc llo is a firm of trial lawyers. We specialize in complex litigation on a national basis. Our lawyers are ethical, aggressive, and committed to providing spirit and vitality to the judicial system and our client’s legal rights.