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|Current Court Information:|
|Nebraska District 4|
|Title: || Judge|
|Active: || 2000-Present|
|Past position: || Attorney, Private practice|
|Past term: || 1977-2000|
|Undergraduate: || Northwest Missouri State University|
|Law School: || Creighton University School of Law|
Peter Bataillon is a district court judge for District 4, Nebraska. He has served in this position since 2000.
Bataillon received his B.S. degree in business administration from Northwest Missouri State University in 1973. He then received his J.D. degree from Creighton University School of Law in 1977.
Bataillon began his legal career in 1977 as a private practice lawyer in Omaha, Nebraska. In 2000, he joined the District Court bench. Bataillon served as the presiding judge of the 4th District Court in 2008 and 2009.
Bataillon was retained to the 4th District with 66.46% of the vote in 2010.  
- See also: Nebraska judicial elections, 2010
2012 judicial performance evaluation
Every two years, the Nebraska State Bar Association compiles responses from lawyers to evaluate judges in the state. Subjects are rated in seven categories, then a determination is made for whether the judge should be retained. The seven categories considered are: legal analysis; impartiality; attentiveness; opinions; judicial temperament and demeanor; appropriate communication; and timeliness.
89.6 percent of respondents stated that Judge Bataillon should be retained in office. To read the full evaluation, see: Nebraska State Bar Association, 2012 Evaluation Results.
16-year-old denied abortion request
|October 7, 2013|
|On October 4, 2013, the Nebraska Supreme Court upheld Judge Bataillon's decision to refuse a 16-year-old girl's request for an abortion. The girl, who is a ward of the state and under foster care, requested a court order for the abortion because she feared she would lose her foster placement if her foster parents found out about her pregnancy.
The girl's attorney, Catherine Mahern, argued that no consent was needed under the Nebraska Department of Health and Human Services regulations which provides: "if a ward decides to have an abortion, the consent of the parent(s) or Department is not required", though parental notification may be required. Judge Bataillon, who according to court records served on an anti-abortion committee called Metro Right to Life in the 1980s, refused to grant the request. During the court proceeding, he asked the girl whether or not she knew that: "When you have the abortion, it's going to kill the child inside you." Judge Bataillon then ruled that the girl was not mature enough to make such a decision and that the foster parents would serve as guardians for purposes of her case.
"Probably the most disturbing aspect of this case was the judge's treatment of this young lady, referring to killing her baby. Who talks to a distressed 16-year-old girl like that?," stated Mahern, expressing her dismay regarding Judge Bataillon's decision.
The 5-2 decision by the Nebraska Supreme Court confirmed Judge Bataillon's ruling, agreeing that the girl was not mature or well-informed enough to make such a decision on whether or not to have an abortion. The girl, who was initially placed in foster care because she suffered abuse in the custody of her biological parents, was also unable to prevail in her argument under the abuse exemption which would negate the parental consent requirement in cases where abuse was prevalent. The court found that the abuse exemption was inapplicable because the girl had not been able to prove that she had been abused by a parent or current guardian.
Justices William Connolly and Michael McCormack dissented. Justice Connolly opined that the since the girl had no legal parents, she was unable to seek parental consent, and that the parental consent law could and should be constitutionally challenged as it was applied to wards of the state. In his dissenting opinion, Connolly wrote: "I realize that this conclusion means that none of the statutory exceptions apply and that under (the state law), the petitioner is prohibited from obtaining an abortion. An absolute ban on the petitioner's right to seek an abortion obviously raises constitutional concerns."