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Judge Matthew Acton speaks to former Sen. Dan McKeon of Amherst and his lawyer Perry Pirsch, not pictured, during an arraignment hearing at the Lancaster County Courthouse on Monday, Jan. 26, 2026, in Lincoln. (Kenneth Ferreria/Lincoln Journal Star)
LINCOLN — Former State Sen. Dan McKeon of Amherst is sticking with his not guilty plea in court after resigning from the Nebraska Legislature to avoid the risk of being expelled.
A procedural hearing in Lancaster County Court on Monday set the date for McKeon’s bench trial for March 19. McKeon faces a misdemeanor charge of disturbing the peace, which comes with a maximum sentence of three months in jail, a $500 fine or both.
McKeon arrived late to his rescheduled hearing Monday after first trying to participate via Zoom from his attorney Perry Pirsch’s Lincoln office. Pirsch told Lancaster County Court Judge Matthew Acton that they intended to be there in person, but a prior Cass County Court case Pirsch was involved with was delayed.

Acton said parties must receive permission ahead of time to attend hearings using Zoom and ordered McKeon and Pirsch to travel to the courthouse before they proceeded.
“Court rules for both the district and county court states that all court hearings are presumed to be in person, sir,” Acton said. “And you did not ask for permission prior to appear via Zoom, so get down here.”
McKeon resigned from the Legislature this month minutes before debate was set to begin on a resolution to possibly expel him, which would have been a first in Nebraska history. He faced expulsion proceedings over allegations that he inappropriately touched a legislative staffer during an end-of-session party last year and what the Legislature’s Executive Board described as a “demonstrated pattern of behavior,” based on the results of an internal investigation.
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A separate criminal investigation after the incident led to McKeon being cited for misdemeanor public indecency by the Nebraska State Patrol in October. Prosecutors have since charged him with misdemeanor disturbing the peace.
The Examiner is aware of the alleged victim’s name but is not publishing it because it is the policy of States Newsroom and the Examiner not to identify people who say they have been abused unless they wish to talk publicly.
McKeon missed his first court date in December. Pirsch said McKeon initially intended to plead no contest and sought to file that plea through a waiver, but Acton said that wasn’t allowed and ordered the arraignment be rescheduled for Monday and ordered McKeon to attend in person.
McKeon later changed his mind and pleaded not guilty in response to the Legislature’s Executive Board recommended he be expelled in a unanimous vote.
In a social media post Jan. 20, McKeon addressed his district saying that the process that led to his departure was “painful, frustrating, and at times unfairly portrayed in the headlines.”
“A series of political maneuvers reached a point that forced my resignation before an expulsion vote could occur,” McKeon said in a since-edited Facebook post.
McKeon had faced calls to resign since October when he was initially cited, including from Gov. Jim Pillen and other state officials. McKeon said multiple times that he would not resign.
Multiple lawmakers — including one who supported McKeon — corroborated that there were enough votes to successfully expel McKeon, had the debate taken place. It takes 33 votes to expel a sitting senator.
The day after McKeon’s resignation, Pillen appointed State Sen. Fred Meyer of St. Paul to represent District 41 in central Nebraska. Meyer had previously been appointed to the same seat by Pillen to replace Tom Briese, who resigned to serve as state treasurer.
Later this year, a special election will decide who serves the remaining two years of McKeon’s term. The Nebraska Secretary of State’s Office confirmed that no candidates have filed for that election as of Monday.
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