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Proposal would restore right to jury trials in eviction actions amid court-concurring opinion
Summary
Sen. George Dungan introduced LB101 to restore a right to jury trial in residential eviction cases after a Nebraska Supreme Court concurrence raised constitutional concerns about the bench-trial-only provision; supporters called it a constitutional repair, while landlord groups warned of procedural disruption.
Lincoln — Sen. George Dungan told the Judiciary Committee LB101 amends the Uniform Residential Landlord and Tenant Act to allow either party to demand a jury trial in eviction actions and to prevent a lease clause requiring waiver of jury trial.
"This bill allows defendants the right to a trial by jury under the Uniform Residential Landlord and Tenant Act," Dungan said, referencing a concurring opinion in NP Dodge v. Holcomb in which Justice Papik highlighted a potential constitutional problem with bench-trial-only eviction proceedings.
Nut Graf: Proponents argued LB101 would align statutory practice with constitutional protections and prevent judicially-created uncertainty; opponents warned a jury-right restoration could clog courts, produce delays and tactical uses of jury demands, and recommended procedural safeguards such as expedited summary-judgment mechanisms or limits on continuances.
Advocates including Nebraska Appleseed, Legal Aid Nebraska and the ACLU argued the Nebraska Constitution's guarantee that the right to trial by jury "shall be inviolate" applies to actions to recover possession of real property because, historically and under the court's own reasoning, such actions are legal rather than equitable. "The legislature has the opportunity to correct this grave constitutional error," said Casey Ogle of Nebraska Appleseed.
Opponents including the Apartment Association and other landlord representatives said allowing jury trials in summary eviction proceedings would threaten the process's speed and efficiency, create incentives to game the system, and overwhelm county-level court calendars. Ryan Norman, chair of the Apartment Association's legislative committee and an attorney, urged alternatives: expedited summary judgment tailored for eviction cases.
Committee discussion focused on logistics, including juror availability, summary-judgment reform, and protections to avoid lengthy, tactical delays that could leave landlords unpaid and residents in limbo. Proponents signaled willingness to discuss attorney-fee provisions and other guardrails.
Ending: The committee heard detailed testimony and asked staff to consider options for procedural guardrails; LB101 remained in committee for further drafting and negotiation.
