County judge receives reprimand

Michael Burns, a county judge serving the district which includes Nuckolls County, has received a reprimand for improper communications in a Nuckolls County misdemeanor case involving a friend.

Nebraska Supreme Court Chief Justice Michael Heavican issued the disciplinary action which was released on Friday.

According to the statement, Burns received a message from the county clerk magistrate about a charge that had been filed against Burns’ friend and parish priest for driving away from a convenience store without paying for gasoline.

Burns thought the defendant had not intentionally committed the crime and instructed the clerk magistrate to hold off processing the charge so he could look into the circumstances.

Burns called the county attorney who had filed the charge, explained the situation with the defendant and his belief there must be a mistake. He asked if further investigation might be warranted before proceeding and provided the defendant’s phone number to pass along to law enforcement.

Next, Burns contacted the defendant, notifying him of the charge and encouraging him to follow up with law enforcement to resolve the legal matter.

Although Burns intended to defer to the county attorney’s judgment, his initiation and continuation of communication with the persecutor were considered to be wrong.

That same day, Burns self-reported his conduct to the judicial qualifications commission and self-disclosed his conduct.

The commission noted Burns had no history of prior discipline.

“He had expressed embarrassment and remorse and has acknowledged the consequences, albeit unintended of this misconduct,” Heavican wrote. “Judge Burns also took the important step of immediately reporting his own conduct and fully cooperated.”