Voters and the Court

The Clerk is independently elected by the voters of Douglas County. That makes the Clerk a democratically accountable public official — answerable to the people who put them in office.

But the Clerk also operates under the direct supervision and direction of the district court judges. Nebraska law is explicit: the Clerk exercises powers “under the direction of his court.” See Nebraska Revised Statute § 25-2214.  This dual accountability was established by the Nebraska Supreme Court in 1888 and has defined the office ever since. State v. Le Fevre, 25 Neb. 223 (1888)

Getting this balance right requires someone who understands both worlds — the courthouse and the community. Justin Wayne has worked alongside district court judges to pass legislation that improved Nebraska’s court system. He has supported the appointments of many of the current judges on the bench. He understands what judges need from the Clerk’s office, not from a job description, but from years of working alongside them.

One example. Post-supervised release was mandatory for Class IV felonies.  Douglas County judges hated it. It created unnecessary workload, consumed court resources, and did not serve the interests of justice in lower-level cases. Justin Wayne listened. He passed a bill making post-supervised release discretionary for Class IV felonies; giving judges the flexibility they needed to do their jobs effectively.

That is not a political relationship. That is a professional one built on mutual respect and a shared commitment to making the justice system work for everyone.

What the Clerk Cannot Do: The Ministerial Line

The Clerk is a ministerial officer, not a judicial officer. The Clerk executes and administers. The Clerk never decides. The Clerk cannot render judgments, resolve legal disputes, dismiss cases, perform any judicial function, or practice law. See Nebraska Revised Statute § 7-111. See also Hawk v. Hawk, 319 Neb. 120 (2025); Building Systems, Inc. v. Medical Center, Ltd., 228 Neb. 168 (1988).  Crossing this line creates institutional conflict. Staying within it requires someone who knows exactly where it falls. Justin Wayne has practiced on both sides of it for twenty years.

Six Divisions: The Scope of This Operation

The Douglas County Clerk manages one of the largest court clerk operations in Nebraska across six divisions:

  • Case Processing — Criminal and civil case documents and orders.
  • Juvenile and Family Division — Minor children’s cases.
  • Child Support and Accounting — Payment tracking and financial records.
  • Filing and Fees — New case intake and fee collection.
  • Writ Department — Summons, subpoenas, and writs.
  • Jury Commissioner Division — Jury selection and management.

Each division operates every business day. Each must be staffed, trained, and supervised. The Clerk is responsible for all of it.

The Authority to Appoint Deputies

The Clerk has statutory authority to appoint deputies and assistants. When a duly appointed deputy acts on behalf of the Clerk those acts are legally binding — as if the Clerk performed them personally. See Nebraska Revised Statute § 24-401

The Writ Department: The Legal Muscle of the Court

The Clerk has authority to issue writs of execution, attachment, garnishment, and commitment. Summons. Subpoenas. Protection orders. Restraining orders. Many without a specific court order in each instance. The authority comes from the office itself. See Nebraska Revised Statute §§ 25-2204 through 25-2214

Additional Functions

The Clerk serves as a passport acceptance agent. Administers oaths and affirmations. Takes acknowledgments. Issues certified copies bearing the court seal — and authenticated copies for use in other states. See Nebraska Revised Statute § 24-403 | Nebraska Revised Statute § 24-1002

Why Justin Wayne Is the Most Qualified Candidate on This Topic

Leading the Clerk’s office means leading people. Six divisions. Dozens of staff. A budget. A team. A culture.

Justin Wayne is prepared to lead this office from day one — because he has lived every dimension of it:

  • As a practicing attorney for 20+ years — he has used the functions of this office, litigated cases through it, and seen firsthand where it works and where it fails.
  • As Chair of the Senate Judiciary Committee — he helped write the statutes that define the dual accountability of this office and the ministerial line the Clerk must never cross.
  • As a legislator who worked alongside Douglas County judges — he understands what the court needs from the Clerk’s office — not from a job description, but from years of professional collaboration.
  • As Chair of the Urban Affairs Committee — he wrote the SID laws the Clerk administers every single day in Douglas County.

No other candidate in this race can check all four of those boxes.

He will invest in every member of the Clerk’s staff. He will build a team culture that treats every Douglas County resident with excellence.

And he will never cross the line that the law draws.

Because he knows exactly where it is.

This is Deep Dive 7 of the Front Door of Justice education series. Deep Dive 8 — Mental Health & the Courts — publishes next. Follow along at Wayne4NE.com.

Democratic Primary — Tuesday, May 12, 2026 | Wayne4NE.com | Paid for by Wayne for District Clerk

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