Search:


Administrative Memorandum 08-5 | May 2008

  • Special Projects & Events
  • In the News
  • People
  • Committees · Commissions
  • Payroll/Benefits
  • Rule, Form & Policy Changes
  • Admin Office of the Courts & Probation
  • Calendar Items
  • Miscellaneous
  •  

     

    SPECIAL PROJECTS & EVENTS


      Cameras in the Courtroom
      News Cameras in District Court in Beatrice
      Nebraska's first district court trial with cameras in the courtroom began May 19, 2008 in Beatrice under the supervision of Judge Paul Korslund.

      A cameraman from WOWT in Omaha and an Associated Press photographer were in court on the first day to record images that were being shared with newspapers and TV stations. Other news organizations provided photo coverage on a rotating basis; WOWT ran the “pool” camera throughout the week.

      Special prosecutor Doug Warner of the Nebraska Attorney General's Office prosecuted the case with Stephanie Clark of the Gage County Public Defender's Office and Jim Mowbray of the Nebraska Commission on Public Advocacy serving as defense counsel.

      In the Gage County District Court trial, defendant Richard Griswold was charged with first-degree murder and using a weapon to commit a felony in the November shooting death of his girlfriend in her Beatrice home.

      Following are some news outlets that ran stories on the trial as well as on the camera coverage:

      Beatrice Daily Sun

      Lincoln Journal Star

      Channel 10/11 KOLN/KGIN

      Channel 6 WOWT

      Permanently Installed Cameras in Lancaster County District Court
      Judges Steve Burns and Karen Flowers hosted brown bag luncheons for Lincoln lawyers and news media on Tuesday, May 13, and Wednesday, May 14, respectively to discuss the camera installation in each of their courtrooms.

      The cameras and recording systems, funded by the Nebraska Broadcasters Association with assistance from Lancaster County, will be operated from a remote location at the University of Nebraska – Lincoln, with overall control given to the judge from behind the bench.

      The new Lancaster County District Court Rule 3-15 (COURTROOM MEDIA COVERAGE PILOT PROJECT) can be found on the Judicial Branch Web site under the Lancaster County District Court Rule: www.supremecourt.ne.gov/rules/trial-court/district-3.pdf (scroll down to 3-15).

      The project will begin this summer with live feeds to the College of Journalism and to the UNL College of Law. Reporters will tap into a “live feed” from a private room outside of the courtroom to pick up portions of trials to be broadcast on news programs.

      Six Years for the Job Shadow Program
      Court employees from across the state have, for the sixth year, hosted a unique Law Day experience for fifth graders through Job Shadowing.  The program, co-sponsored by the Nebraska State Bar Foundation and the Nebraska Supreme Court, allows students to spend at least one hour with lawyers and judges while learning more about careers in law and the importance of working hard and staying in school. 
       
      Job Shadowing coordinators participating in this year’s program were: Darla Schiefelbein, Columbus; Sharon Mauler, Kearney; Angela Haun, Kimball; Janelle Mostek, Loup City; Judge Donna Taylor, Neligh; Midge Clark, O’Neill; Teresa McKeeman, Oshkosh; LaRita Weber, Pawnee City; Greg Baumann, Wilber; and, Darrel Fierro, Intervention Specialist Assistant, Winnebago tribe.  Linda Roberts, a founding coordinator, was unable to participate this year.
       
      Coordinators organize a group of local hosts (court staff, law firms participating in the program) to work with students, take ‘fun’ photos of the event, and complete evaluation forms for future program improvements.  Evaluations also provide insights on the students’ perceptions of the courthouse and the legal process.
       
      Students prepare for the visit in their classrooms by engaging in lessons related to the Law Day theme. The Foundation also provided lessons promoting anti-bullying behavior for this year’s elementary students.

      More information about the Job Shadow project and other law-related education programs co-sponsored by the judicial branch and the Nebraska State Bar Foundation may be found on the Foundation’s Web site, www.nebarfnd.org/lre.html.

      Through the Eyes of the Child Initiative
      The Through the Eyes of the Child Initiative Web site was highlighted in the May 2008 National Center for State Courts Continuing Upward from the Summit Newsletter, available here. The 2008 Lecture Series was recently completed. Streaming video of the presentations will be posted on the Web site in June. One of the sessions, Helping Babies from the Bench led by Judge Douglas Johnson of Omaha, will be replicated across the state in late fall. For more information on Helping Babies from the Bench, click here. Caregivers of foster children in Nebraska were recently sent a letter from Initiative Project Chair Larry Gendler notifying them of their right to submit a Caregiver Information Form to the court. A copy of the letter is available in the What’s New section of the Initiative Web site. The Caregiver Information Form is available here.

      Contact Kelli Hauptman, Staff Attorney, Center on Children, Families and the Law, 402-472-3927, khauptman2@unlnotes.unl.edu.

    Back to top

     

    IN THE NEWS


      Information Gathered Through the Press Clipping Service

      Law Day 2008
      Essay Contest Winner from Perkins County
      Perkins County High School 12th grader, Timothy Burge, was recognized at a special Law Day luncheon at Nebraska Educational Telecommunications (NET) in Lincoln.  The recognition is part of a statewide Law Day essay contest co-sponsored by the Nebraska State Bar Foundation and the Nebraska Supreme Court.

      Grant Tribune-Sentinel, May 1, 2008

      OBA Honors Two at Law Day Ceremony
      The Omaha Bar Association honored two Omahans for their efforts to promote the public’s understanding of the law with their public service awards:  Creighton Law Professor (and Office of Dispute Resolution volunteer) Ronald Volkmer and Heidi Wilke (non-lawyer).  The luncheon concluded with a speech given by Judge Laurie Smith Camp which was reprinted in the May 8, Omaha Daily Record in its entirety.

      Omaha Daily Record, May 8, 2008

      Judge Crnkovich Hosts 4th Graders
      In a courthouse tour organized by the Omaha Law League in conjunction with Law Day, hundreds of students from public and parochial schools toured the Hall of Justice and Civic Center.  Judge Liz Crnkovich was photographed hosting an attentive group of 4th graders during the tour. 

      Omaha Daily Record, May 1, 2008

      Students at ESU #5 Use Law Day Program at Home
      The Gage and Jefferson County Bar Association hosted students from Educational Service Unit #5 in an interactive Law Day activity through the Law Day luncheon at Nebraska Educational Telecommunications (NET) in Lincoln.  The “uplink” between the program site and the students was made possible through activities related to the Law Day essay contest, co-sponsored by the Court and the Foundation.  The prior afternoon the local bar association sponsored a box lunch for the students and their teachers.  Bar Association President Robert Schafer said that this interaction with students is one way attorneys can give back to the community, and, at the same time, help educate youth.

      Wymore Arbor State Weekly, April 30, Beatrice Daily Sun, May 6, 2008

      Courthouse Renovation
      Gage County Courthouse
      The second in a three-part series of articles regarding a Gage County Courthouse bond issue outlined considerable problems with the heating and cooling systems.  The article included photos of blistering walls from foundation leaks and an oversized boiler unit in the courthouse.  (According to Judge Korslund, the bond issue passed and repairs are on the way.)

      Beatrice Daily Sun, April 28, 2008

      Security Issues Continue in Fremont
      In a pair of articles, the Tribune outlined details of dealing with security of an additional courthouse entrance.  Supervisors have been trying to develop a courthouse security plan for about two years after a special committee began meeting to discuss potential security hazards and options.  A metal detector, purchased in 2006, still stands in the courthouse unused.

      Fremont Tribune, May 6 and May 20, 2008

      General Stories of Interest
      Cameras in Trial Courts
      Several articles regarding the newly approved camera coverage of trials in the First Judicial District ran in papers in eastern Nebraska and western Iowa.  The murder case with defendant Richard Griswold made front page news in Lincoln and Beatrice on several occasions. An editorial in the Lincoln Journal Star titled, “Trial shows value of cameras in court” noted that, regardless of the jury’s verdict, the people of Nebraska are winners in the State v. Richard Griswold case. 

      Beatrice Daily Sun, Lincoln Journal Star, Omaha World Herald, May 2008

      Lawyers to Evaluate Judges Performance
      News releases from the Nebraska State Bar Association regarding the timeframe for the biennial judicial performance evaluations ran in western Nebraska papers in April.  The articles quoted Sarpy County Attorney Lee Polikov, chair of the NSBA Judicial Evaluation Poll Sub-Committee, saying that the evaluation has a two-fold purpose. “The poll gives voters solid information about the judiciary to help them make informed decisions on judges standing for retention this November,” he said.  “Secondly, it gives each judge a report card of his or her perceived strengths and weaknesses.”

      Lexington Clipper-Herald, April 8, and Chadron Weekly Record, April 23, 2008

      Judge Binkard Still Enjoying the Bench After Nearly Three Years
      In an article profiling Judge William Binkard, the judge is quoted saying: “I love it.  The whole job.  It’s been a big challenge, but I think I have done a good job.”   The article focused on the time consuming nature of the work of a district court judge and the type of cases that are heard.

      Dakota County Star Weekly, April 10, 2008

      Small Claims Profile
      County judges Craig McDermott, Omaha, and Steve Timm, Beatrice, were extensively quoted in an educational article regarding Small Claims Court.  According to Judge Timm, he’s most often seen landlord/tenant disputes in small claims and a lot of collection services.  Judge McDermott said that he sees many of the same types of cases as Judge Timm but also a large number of motor vehicle accidents.

      Even though the proceedings are informal, McDermott said that order is still upheld in the courtroom and that the judges’ job is still to maintain proper decorum, not letting people shout at each other or continue arguing into the hallway.  

      Omaha Daily Record, May 1, 2008

      Contact Janet Bancroft, Public Information Officer, 402-471-3205, jbancroft@nsc.state.ne.us.

    Back to top

    PEOPLE


      Judge Hutton Attends Courts and Media Issues Workshop
      Judge Todd Hutton of Sarpy County Court, Associated Press Editor Kevin O’Hanlon and Supreme Court Public Information Officer Janet Bancroft attended a one-day workshop on Courts and Media Issues focusing on how state courts and news outlets can increase communication with each other. The April workshop was sponsored through a State Justice Institute grant under the National Judicial College Reynold's National Center for the Courts and Media. The ‘team meeting’ section of the seminar included an Action Planning session for creating communication mechanisms within the state. The action plan, to be submitted to the PEOPLE Committee of the Nebraska State Bar Foundation and the Supreme Court Judicial Branch Education Committee, will be implemented in fiscal year 2008-2009.

      Judge Gless Elected Associate Fellow of Great Plains Studies
      The Board of Governors of the University of Nebraska Center for Great Plains Studies, an interdisciplinary research and teaching center, approved Alan G. Gless, District Court Judge, Fifth Judicial District, Seward, and two other individuals be elected as Associate Fellows of the Center.

      Associate Fellows of the Center include persons not presently holding regular appointments at the University of Nebraska who have a professional interest in the purposes and program of the Center. Candidates must be nominated by a faculty Fellow and their nomination supported by sufficient evidence of a research, teaching or public service commitment to the Plains region.

      New Probation Personnel
      Leslie Zastrow, Probation Officer, District #2, Norfolk, effective May 2, 2008.
      Rachel Sobota, Probation Officer, District #3, Columbus, effective May 19, 2008.
      Armando Chavez, Jr., Assistant Probation Officer, District #9, Lexington, effective June 2, 2008.
      Shad Slater , Probation Officer, District #9, North Platte, effective June 16, 2008.

    Back to top

    COMMITTEES · COMMISSIONS


      Pro Se Implementation Committee
      The Pro Se Implementation Committee has proposed rules for the “unbundling” of legal services for Nebraska lawyers. The Supreme Court is asking for public comment on the proposed rules. A link to the proposed rules is found under the ‘Rules’ section of this memorandum.

    Back to top


    PAYROLL / BENEFITS


    Printing of Paycheck Stubs
    Help Desk Information
    For employees who continue to have problems printing paycheck stubs, please contact the Department of Administrative Services Help Desk. DAS Help Desk will assist with all problems. The phone number to call is 402-471-4636.

    Changes to Salary Schedule
    County Court Employees, District Probation Employees, Official Court Reporters Affected
    On July 1, 2008, the salary schedule for all county court employees, district probation employees and official court reporters will be adjusted by 2.5%, thus resulting in a 2.5% increase in pay. Employees will not be advancing steps; the step each employee is currently on will be adjusted to correspond to the increase.

    Back to top


    RULE, FORM AND POLICY CHANGES


      Supreme Court Rule Amendments
      Petition to Adopt Rules Relating to Limited Scope Representation
      The Nebraska Supreme Court Implementation Committee on Pro Se Litigation filed an amended Petition to Adopt Rules Relating to Limited Scope Representation, S-36-080001, May 7, 2008.

      The proposed rule amendments (Exhibit A and the amended petition at Revised Exhibit B) are open for comment until July 1, 2008. To comment, write to the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, Nebraska 68509-8910 or e-mail lasmussen@nsc.state.ne.us.

      Proposed Amendments to Neb. Ct. R. of Prof. Conduct 1.4 and 4.2, and Neb. Ct. R. of Pldg. in Civ. Actions 9(h and (j) and 11(b-d)

      Rules Relating to the Parenting Act (2007)
      On May 7, 2008, the Supreme Court approved amendments to the Rules of the District Court for both the First and Fourth Judicial Districts relating to the Parenting Act (2007). While the rules for these two districts are not the same, they are similar and both address mediation of domestic relations matters involving children; basic and second level parenting education; approved mediator rosters and mediator requirements; mediator screening for domestic abuse and ability to negotiate; determination of whether a mediation or specialized alternative dispute resolution process is to be used; submittal of mediated parenting plans and timeline and process for objections; submittal of certificate of readiness for final hearing and contents; the establishment and membership of the trial court mediation committee; responsibilities and duties of the District Court Clerks to implement the rule; as well as other related provisions.

      The Fourth Judicial District refers to the Douglas County District Court Conciliation and Mediation Services office as the primary entity managing the rule. The First Judicial District refers to the Mediation Service Office (MSO) as one of the entities managing the rule. The First Judicial District's designated MSO is The Resolution Center in Beatrice, the ODR-approved non-profit mediation center serving the counties within the First Judicial District. Debora Brownyard, Director of the Office of Dispute Resolution, is available to assist judges with rules for their districts.

      Contact Debora Brownyard, Director, Office of Dispute Resolution, 402-471-2766, dbrownyard@nsc.state.ne.us.

    Back to top


    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Information Technology and JUSTICE
      E-Payments are Successful

      The E-Payment application for waiverable citations is now available in 81 county courts, with the remaining 12 county courts scheduled to come online on June 30, 2008.  To date, 77 of the 81 county courts using E-Payment have seen activity.  In May 2008 there were 909 payments totaling nearly $125,000 in fines and fees.  Harlan County Court received their first payment in June 2008 from a case dating back to May 1995.  Here are the leaders for E-Payments through June 16, 2008:                                     

      County Court Payments
      Made
      Fines and Fees
      Collected
      Cass
      1172 $182,636.25
      Lancaster
      776 $116,165.36
      Sarpy
      449 $  54,464.14
      Lincoln
      259 $  33,050.65
      Douglas
      184 $  23,809.49
      Thayer
      158 $  30,602.00
      Washington
      135 $  14,266.00
      Dawson
      112 $  13,573.50
         
      All Courts    
      4414 $615,315.67

       


                                                                   
                                                                         
                                                           
                                                                      
                                                                        
                                                                
                                                                      
                                                             

      To ensure your County Court has success with this application it is very important to notify all of your local law enforcement departments about this new method of payment.  Senior JUSTICE Business Analyst Sherri Stark estimates a County Court saves 3 – 5 minutes of staff time when an E-Payment is made.  Using the total number of payments made so far translates to a savings of nearly 300 hours of staff time by not manually processing waiverable citations.  Contact Sherri Stark 402.471.3036 or email at sstark@nsc.state.ne.us for additional information.

      Contact Bill Miller, Deputy Court Administrator, 402-471-3049, bmiller@nsc.state.ne.us.

      Trial Court Services
      Interpreter Program

      Orientation and the written test for court interpreters were held in April, and 10 new interpreters were added to the list of registered interpreters (www.supremecourt.ne.gov/interpreters/registered-interpreters.pdf).  The oral interpreter test was offered in May in four cities across the state and newly certified interpreters will be announced in six to eight weeks.

      Please encourage all individuals interested in interpreting for the court system to attend orientations and skill-building sessions when available.  Below is a listing of training opportunities:

      Training Dates and Testing Schedules for Interpreters - 2008

      June 21 - 22, Skills-Building Workshop, Lincoln

      July 24 - 26, NATI Conference, Kearney

      July 25 - 26, Orientation, Kearney (in conjunction with NATI Conference)

      July 26, Written Exam, Kearney

      September 5 - 6, Oral Exam, Lincoln

      Registration forms are available on the Supreme Court Web site.

      County Court Workload Surveys
      The County Court Workload Study Committee is reviewing the results of the clerk magistrate time study. Results will be refined and shared with courts in the coming weeks. Additional information may be requested of court staff to assist the committee in identifying problem areas and making recommendations to the Supreme Court regarding any staffing or procedural changes that need to be made. The purpose of the study is to help courts cope with rapidly changing workloads and to equalize workloads as much as possible.

      DMV Online
      Courts have reported having trouble getting phone calls through to the Nebraska Department of Motor Vehicles. DMV invites courts to access Driver’s License Suspension and Revocation information online at www.dmv.state.ne.us. Click on the “Reinstate Your License” section where a name and driver’s license number or date of birth must be entered. Defendants may use the online service to pay a license reinstatement fee with a credit card. Court staff should familiarize themselves with this online service and refer defendants to the DMV site whenever possible.

      Contact Sheryl Connolly, Trial Court Services Director, 402-471-2671, sconnolly@nsc.state.ne.us.

      Office of Dispute Resolution
      Nebraska Family Mediator Standards Project

      Over the next few months, the Nebraska Family Mediator Standards Project will draft new statewide policies for mediators practicing under the Nebraska Parenting Act, Neb. Rev. Stat. Sections 43-2920, et seq. (Cum. Supp. 2007) and as amended by LB1014 (2008). The Project will make recommendations regarding (a) mediator ethics, (b) standards of practice, and (c) a process for State Court Administrator approval of mediators under the Parenting Act. The opening meeting of the Project is Wednesday, June 4, 2008, in Lincoln, convened by the Office of Dispute Resolution. The Office of Dispute Resolution is committed to working collaboratively with the broad and experienced family mediator field in Nebraska, and to develop policies and procedures that provide accountability for the public and courts as well as flexibility within the scope of practice and styles of mediation among family mediators.

      Nebraska ODR-Approved Mediation Center Quarterly Report
      The quarterly report for the period of January 1, 2008, through March 31, 2008, showing statistics for mediation, family group conferencing, facilitation and other cases is available on the Supreme Court Web site. Included in the data are reports of case types, case referrals, resolution rates and case volume for each of the six regional mediation centers. Notably, court referral of cases is for the first time over 50% as the source of mediation case referrals to the mediation centers: showing 56% during this quarter. During the same quarter last year court referral was 34%. This 22% increase is very significant: some of this increase in referrals can be attributed to district court referrals to the mediation centers under the Parenting Act, and some of the increase can be attributed to juvenile/county court arrangements with mediation centers to provide prehearing conference facilitation in child welfare detention hearings. Click here to read report.

      Contact Debora Brownyard, Director, Office of Dispute Resolution, 402-471-2766, dbrownyard@nsc.state.ne.us.

    Back to top

    CALENDAR ITEMS


      Judicial Branch Education Meetings/Trainings
      For a complete listing of Judicial Branch Education offerings, click here.

      Contact Carole McMahon-Boies, Director, JBE, 402-471-3072, cmcmahonboies@nsc.state.ne.us.

      Probation Education Meetings/Trainings
      For a complete listing of Judicial Branch Education offerings, click here.

      Contact Monica Miles-Steffens, Probation Education Manager, 402-471-4486, monica.miles-steffens@nsc.ne.gov.

      Upcoming 2008 State Holidays
      July 4, Independence Day
      September 1, Labor Day
      October 13, Columbus Day
      November 11, Veteran's Day
      November 27 28, Thanksgiving Day & Friday following
      December 25, Christmas Day

      Filing and Reporting Requirements
      •Statement for Payment of Interpreters: Interpreters to submit this between the 1st and 7th day of each month.
      • Judges’ Cases Under Advisement Reports: Due by the 5th day of each month (reports are compiled and submitted to the Supreme Court).
      • Court Reporter Timesheets: Due by the 5th day of each month (judges are to sign time sheets prior to submission).
      • Permanently Assigned Vehicle Logs: Due by the 5th day of each month.
      • Report of Probate Cases Pending: Due by the 10th day of each month.
      • County Court Time Sheets: Due by the 10th day of each month.
      • Stenographer Transcription Reports: Due by the 10th day of each month.
      • Expense Vouchers: Submit on a monthly basis (rather than combining several months of expenses on one voucher).

    Back to top

    MISCELLANEOUS


      Publication Ordering Available Online
      Court staff may now order publications from the Administrative Office of the Courts and Probation online at www.nebraska.gov/courts/ordering/order.cgi. The AOC’s most frequently ordered publications are available through the online order form. The selection includes jury brochures, small claims guides, parenting act booklets, the Citizen's Guide to Nebraska's Courts, judge’s adoption cards, and AOC court staff timecards.

      Signature Blocks on Emails
      Officials of the Administrative Office of the Courts appreciate court employees who have added the signature feature to their emails. It is a great help to those who work several towns or courthouses away from each other. Those individuals not already using a signature block, may want to consider adding one to work email messages. To add a signature block, locate the 'options' button (usually near the file folder). Under 'options,' select the 'compose' button. Scroll down to the option for a 'signature.' Most employees include full name, title, address (both street address and P.O. Box, if applicable) and phone number. The email address may also be added; however, this may be redundant due to it being on the email itself.

    Back to top

     

    Chief Justice Michael G. Heavican
    Janice K. Walker, State Court Administrator
    Ellen Fabian Brokofsky, State Probation Administrator


    This file last modified Monday June 30, 2008 15:41:26