50th Anniversary of Probation Service in Nebraska
To be Celebrated During Probation, Parole and Community Supervision Week, July 13-19
January 1, 1958, was the effective date of LB568, which authorized the statewide probation system. Until LB568 (1957 Legislative Acts) there was no provision for probation officers nor any method to implement the power of the court to place an individual on probation under suspension of sentence for a felony in counties other than Lancaster and Douglas. Under LB568, Nebraska had finally adopted a general statewide system of providing planned, uniform presentence investigations, case studies and coordinated supervision of persons eligible for probation under court suspension of sentence.

One year following the starting date of the Probation System Act, there was a statewide caseload of 824 probationers.

The 1986 Legislature placed the Nebraska Probation System under the Supreme Court, effective July 1, 1986.

July 13 - 19, 2008, is Probation, Parole and Community Supervision Week. Please remind employees in your courthouse and members of your community that our co-workers in probation and community supervision provide protection to our communities. They are often silent partners, yet they spend more time with offenders than other agencies.

Their services are vital. Join the Nebraska Supreme Court and the nation in honoring these invaluable public servants during the week of July 13-19, 2008, for Probation, Parole and Community Supervision Week.

Click here to view Probation's 50th Anniversary poster.

Nebraska Supreme Court To Codify Court Rules for Online Retrieval System
The Nebraska Supreme Court rules are undergoing a codification and numbering process designed to create a more efficient online retrieval system and an improved citation format.

The substance of the Supreme Court rules will not be changed by the codification process and, with a few minor exceptions for editing purposes, neither will the text of the rules. The title of several of the rules will be changed in this process, but principally this codification process only changes the organization of the rules through the application of a numbering system.

It is currently anticipated that as of July 18, 2008, after official adoption by the Nebraska Supreme Court, the existing version of the Nebraska Supreme Court rules will be removed from the Judicial Branch Web site and replaced with the newly codified version.

For details on the changes click on the codification page of the Judicial Branch Web site: www.supremecourt.ne.gov/rules/codification.shtml

Online Card Catalog at Nebraska State Library
The library’s newest innovation is the development of an online card catalog.  This Web-based automation system allows patrons to have global access and search the library’s catalog using author, title, subject or key word. The project is ongoing with more of the older publications being added each week. 

These services can be accessed by visiting www.supremecourt.ne.gov and clicking Library Catalog under Quick Links on the right-hand menu.  Or, click here.

Judges and court staff are welcome to contact Librarian Marie Wiechman for any type of special assistance that is needed.  Ms. Wiechman can be reached at 402-471-3189 (phone), 402-471-1011 (fax), or mwiechman@nsc.state.ne.us.

The Nebraska State Library is now at your finger tips, one click away.

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Information Gathered Through the Press Clipping Service

Court Technology
E-filing and Court Schedules Online
Articles on the availability of E-filing in Scotts Bluff County ran in Chadron and Mitchell. An article on the JUSTICE online case calendar ran in Gothenburg.

E-filing Begins in Scotts Bluff County

Nebraska Trial Courts Makes Schedule of Court Cases Available On-line

Late May, early June, 2008

Courthouse Renovation
Bids for Courthouse Security System in York
A wide range of bids were submitted to the county for a new security system at the courthouse as the commissioners and the security committee get closer to making changes to ensure the safety of the public and county employees.  In the end, the commissioners decided to reject all bids and refer the matter to the security committee with members talking to each of the companies who submitted bids.

York News-Times, May 27, 2008

Metal Detector Now Operational in Fremont
The metal detector in Dodge County is up and running and security workers started staffing it for the first time on June 16.  The county has contracted for 44 working hours per week from JDS Security, a private security company. JDS owner, Shane Wimer said, “Expect short delays (getting into the building) but things will change as we learn to make it more efficient.”

Fremont Tribune, June 16, 2008

General Stories of Interest
Swearing-in of CASA Volunteers
Red Willow County Judge Anne Paine was photographed swearing in a new group of Court-Appointed Special Advocates in her courtroom.

McCook Daily Gazette, May 17, 2008

HALT Gives Nebraska a “C” in Judicial Qualifications Work
The non-profit organization Help Abolish Legal Tyranny has recently concluded what they term “the first” national study into individual state’s judicial accountability systems.

In its conclusion, HALT gave Nebraska a “C” finding both good and not-so-good things to say in how the state holds its state and federal judges accountable to the general public.  While a “C” could be considered average, HALT reported that the highest grade level distributed was a “B” and only five states achieved a score that high. Nebraska received an “A” in consumer friendliness.

North Platte Telegraph, May 23, 2008

Rock County Judge August Schuman Dies
Judge August Schuman who served on the bench for more than 30 years has died.  “It was very unexpected,” said Jenny Frick, Rock County clerk magistrate.  “It’s very shocking and it’s very sad.”

Schuman, whose territory also included Brown, Cherry, Blaine and Keya Paha Counties, was appointed county judge in 1977 by then-Gov J.J. Exon.  Schuman last won a retention election in 2004. 

Omaha World-Herald, June 20, 2008

Brodbeck Named to Nebraska State Bar Foundation
Both the Norfolk Daily News and the Atkinson Graphic ran notices that Judge Alan Brodbeck was among 30 Nebraska attorneys honored as a new Fellow of the Nebraska State Bar Foundation at an April 25 ceremony in Lincoln. 

June, 2008

Cameras in Courtroom Experiment Gets Good Reviews
Papers from Sioux City, Iowa, to McCook, Nebraska, ran articles and editorials during June about the Beatrice camera experiment.  According to a McCook Gazette editorial, “If cameras are a way of life already, there’s no better use for the technology than allowing as many people as possible to witness justice in action.”A Lincoln Journal Star editorial stated, “Hopefully the Beatrice experience will show them (judges) it can be done successfully, without compromising the judicial process.  It can only help to have a better informed public.” 

June, 2008

Supreme Court to Codify Court Rules
The full press release regarding court rules codification ran in the Omaha Daily Record.

Omaha Daily Record, June 24, 2008

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

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In Memoriam
Judge August F. Schuman
Hon. August F. Schuman, County Judge in the 8th Judicial District, passed away June 17, 2008. Judge Schuman was appointed to the bench on June 27, 1977.

Judge Earl Morgan
Former Lincoln County Judge Earl Morgan died June 20, 2008, in North Platte, Nebraska. Morgan served on the bench from 1977 until his retirement in 1987.

Seminar on Improving Rural Courts
County Judge Patrick McDermott from the 5th Judicial District, Deputy State Court Administrator Bill Miller and Trial Court Services Director Sheryl Connolly attended a Justice Management Institute seminar on Improving Rural Courts in Coeur d’Alene, Idaho, June 1-4, 2008. Participating states included Alaska, Idaho, Montana, Nebraska, Nevada, New York, North Dakota and Washington.

The seminar provided opportunities to recognize and discuss the challenges these states have in common in providing resources, staffing and support to the rural courts, identify the differences, and share innovations that the various states are employing to meet the needs of rural courts.

Many states are using innovative approaches to staffing and technology to meet the challenges of the rural courts. Nebraska court programs, like JUSTICE, DOCKET and pilot projects such as video arraignments for in-custody defendants and remote access to interpreters for bond hearings or arraignments, have placed our state far ahead of many in addressing these issues.

Information gathered at the seminar will be used to help the AOC establish policies in improving services to the rural courts and will be important in developing funding priorities for the 2010-2012 budget.

New Probation Personnel
Robert Matson, Probation Officer, District #20, Lincoln, effective June 10, 2008.
Teresa Bantz, part-time Assistant Probation Officer, District #5, Nebraska City, effective June 16, 2008.
Julie Scott, Justice Treatment Systems Specialist, Office of Probation Administration/Division of Community Corrections, effective July 1, 2008.
William Mackey, Probation Officer, District #4, Omaha, effective July 7, 2008.
Tammy Peterson, Probation Officer, District #4, Omaha, effective July 14, 2008.

Justice Treatment Systems Specialist Hired
Julie Scott has been selected to fill the position of Justice Treatment Systems Specialist for the Office of Probation Administration/Division of Community Corrections effective July 1, 2008. Ms. Scott replaces Christine Salvatore.

Ms. Scott brings to the position a strong knowledge of criminal justice, substance abuse and evidence-based practices. Currently she serves as Drug Court Coordinator for Probation District #16 in Fremont where she helped create and establish a foundation for the program. Previously Ms. Scott served as one of the original probation officers selected for the District #6 Specialized Substance Abuse Supervision (SSAS) unit. Ms. Scott ’s career in justice began as a specialized officer for the Lancaster County Drug Court.

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Procedures Manual Committees
The District Court Procedures Manual Committee consisting of Marjorie Schaffer, Madision County; Marlene Vetick, Platte County; Joyce Wusk, Saline County; and JUSTICE Business Analyst Paula Crouse, are working on Dissolutions.  The committee had a 2-day meeting in May to work on Protection Orders and Transferring Cases so that procedures will be ready for changes required by new legislation.  Paula Crouse will be sending an update on the new forms and JUSTICE changes in early July. 

The County Court Procedures Manual Committee (members include Ellen Faltys, Colfax County; Tammy Duensing, Jefferson County; Donna Fink, Thayer County; and JUSTICE Business Analyst Gretchen Wiebe) met June 18- 19, 2008, to continue their work on the Probate Manual.  While hopes that the manual will be ready by the clerk magistrates' October meeting may be overly optimistic, the manual will be made available online as soon as it is completed.  The guardianship/conservatorship and juvenile manuals are expected to be completed in 2009.   Please contact individual committee members with questions or suggestions.  

Nebraska Parenting Act Fund Policy Committee
This committee was convened to implement Neb. Rev. Stat. Section 43-2943 (2007) which states that the State Court Administrator is to adopt rules governing the Parenting Act Fund. The committee began its work in November 2007 and completed the work in May 2008 and submitted recommendations to the State Court Administrator, who recently approved the policy. Funds will be allocated in July 2008 after this office reviews and approves applications.

The purpose of the Fund is to provide access to court-connected mediation for indigent and low income individuals involved in parenting disputes and to expand the resources for the courts in referring or ordering indigent and low income parties to mediation. Eligible applicants for the Fund are the Douglas County District Court's Conciliation Office, Omaha; The Mediation Center, Lincoln; Center for Conflict Resolution, Scottsbluff; The Resolution Center, Beatrice; Nebraska Justice Center, Fremont; Concord Center, Omaha; and Central Mediation Center, Kearney.

Committee members include Janice Walker, State Court Administrator; Debora Brownyard, Office of Dispute Resolution; the Honorable John Samson, Sixth Judicial District, Fremont; the Honorable Paul Korslund, First Judicial District, Beatrice; the Honorable Donald Rowlands, Eleventh Judicial District, North Platte; the Honorable Mark Kozisek, Eighth Judicial District, Ainsworth; Linda Sanchez-Masi, Deputy Clerk of the Lancaster County District Court, Lincoln; Casey Karges, Director of The Mediation Center, Lincoln; Carl Eskridge, State Ombudsman’s Office and Chair of the ODR Advisory Council; Lynne Favinger, Director of Central Mediation Center, Kearney; Lorin Galvin, Director of Douglas County Conciliation and Mediation Office; Patricia Langer, Fiscal Administrator, AOC; and Kathy Moore, Financial Officer, AOC.

Nebraska Family Mediator Standards Committee
This committee was convened in June 2008 to implement (a) Neb. Rev. Stat. Section 43-2940 (2007) which states that the State Court Administrator shall adopt uniform standards of practice for mediation of cases under the Parenting Act, and (b) Neb. Rev. Stat. Section 43-2937 (2007) as amended by LB1014 (2008) in which the State Court Administrator shall develop a process to approve mediators under the Parenting Act.

There are four subcommittees addressing components of these two requirements. Representatives of the district court bench serve on each of the four subcommittees, along with family mediators, members of the Nebraska State Bar Association, members of the ODR Advisory Council, family therapists and child development professionals, and representatives of domestic and child abuse-serving agencies.

District court judges serving on the respective subcommittees involved are: Judge John Samson, Mediator Approval Committee; Judge Patricia Lamberty, Mediator Training and Education Committee; Judge Patrick Rogers, Mediator Standards and Ethics Committee; and Judge John Icenogle, Mediator Monitoring and Grievance Committee.

The committee's goal is to submit policy recommendations to the State Court Administrator by October 2008.

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

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Supervisor's Guide to Discipline
The Supervisor’s Guide to Discipline, a manual to assist supervisors, is now available on the Judicial Branch Web site, www.supremecourt.ne.gov, under Administrative Office of the Courts & Probation, and then under Human Resources tab.

Contact Judy Beutler, Deputy Court Administrator, 402-471-2921, jbeutler@nsc.state.ne.us.

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Supreme Court Rule Amendments
Waiver/Fine Schedule
On May 22, 2008, the Nebraska Supreme Court adopted amendments to the Waiver/Fine Schedule pertaining to penalties and fines for speeding. Click here to view the updated Schedule, which is effective July 18, 2008.

Neb. Ct. R. of Prac. 9E
On June 4, 2008, the Nebraska Supreme Court adopted amendments with an effective date of June 18, 2008, to the Rules of Practice and Procedure pertaining to briefs.  Parties presenting a case involving the federal or state constitutionality of a statute must file and serve notice with the Supreme Court Clerk by either a separate written notice or a notice in a Petition to Bypass at the time of filing of the party’s brief. Click here to read the rule.

Neb. Ct. R. of Discovery 33, 34, and 34A
On June 4, 2008, the Nebraska Supreme Court adopted amendments to the Rules of Discovery to include electronically stored information.  The amendments were effective June 18, 2008. Click here to read the rule.

Neb. Ct. R. of Prac. 5B(1)e
On June 4, 2008, the Nebraska Supreme Court adopted amendments to the Rules of Practice and Procedure regarding the payment of deposits in regards to Bill of Exceptions. Click here to read the rule, which was effective June 18, 2008.

District Court Records Model
The Nebraska Supreme Court adopted amendments on June 4, 2008, effective June 18, 2008, to the District Court Records Model specifying that all courts installed with JUSTICE must maintain court records using the system.  Courts not yet installed may use an alternative system until JUSTICE becomes operational, but not longer than 18 months following the effective date.  Click here to read the rule.

Interim Rule for Electronic Filing and Service System (Pilot Project), Rules 6 and 7
The Nebraska Supreme Court adopted amendments on June 4, 2008, to the Interim Rule for Electronic Filing and Service System (Pilot Project). References to central time have been changed to local court time.  Click here to read the rule.

Neb. Ct. R. of Dist. Cts. 21 and Appendix 3
The Nebraska Supreme Court adopted a new rule April 16, 2008, to the Rules of District Courts pertaining to the protection of personal and financial information in civil court records.  Also adopted was a document including social security numbers, gender, and dates of birth. The document, Appendix 3, is confidential and not to be included in the court file or provided to the public.  Click here to read the rule.

Neb. Ct. R. of Cty. Cts. 64
The Nebraska Supreme Court adopted a new rule April 16, 2008, to the Rules of County Courts pertaining to the protection of personal and financial information in court records.  To the extent applicable to proceedings within the jurisdiction of the county court, Neb. Ct. R. of Dist. Cts. 21 shall govern orders, filings, documents, and pleadings in the county courts.   Click here to read the rule.

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Information Technology and JUSTICE
New Link for JUSTICE Online
The JUSTICE access link through the Nebraska.gov Web site has changed. Individuals who use “favorites” menus should re-bookmark the JUSTICE link to: https://www.nebraska.gov/justice/index.shtml.

ePayments are Successful
The ePayment application for waiverable citations is now available in all 93 county courts, effective June 30, 2008.  To date, 77 of the county courts have seen ePayment 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 ePayments through June 16, 2008:                                     

County Court	ePayments 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 each county court has success with this application it is very important to notify local law enforcement departments about this new method of payment.  A new Web page has been designed for law enforcement and includes general information, a promotional poster, and label templates for use with traffic citations. Please share the following link with local law enforcement members: www.supremecourt.ne.gov/community/law-enforce-index.shtml

Senior JUSTICE Business Analyst Sherri Stark estimates a county court saves 3 – 5 minutes of staff time when an ePayment 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 Bill Miller, Deputy Administrator, 402-471-3049, bmiller@nsc.state.ne.us.

Judicial Branch Education
A portion of June’s County Judges meeting was open to all Nebraska benches so that all judges could take advantage of the grant-funded program, “Hardcore Drunk Driving.” Twelve district judges joined the county judges for the program.

The National Council of Family and Juvenile Court Judges has agreed to provide resources to Nebraska to assist in sponsoring a domestic violence session at the 2008 Fall Meeting. The session will focus on defining abuse under the Nebraska statutory scheme contained in the parenting act and on the impact of parental conflict upon children.

The content of the October 7 - 8, 2008, Court Certification session for Clerk Magistrates and Clerks of the District Court in Omaha is being defined. The program will focus on leadership and defining performance measures to track needed improvement in the courts. JBE will be in contact with the education committees before finalizing the agenda to make sure we have covered needed content.

2009 Education Dates Set
The schedule has been set for the following 2009 education meetings. Additional meeting dates will be provided when they are available.

• District Judges, Court Reporters and Clerks of the District Court: Tuesday, June 2 - Thursday, June 4, Kearney
• County Judges: Wednesday, June 24 - Friday, June 26, Grand Island
• Fall Judges' Meeting: Wednesday, October 14 - Friday, October 16, Omaha

Trial Court Services
Interpreter Advisory Committee
The Interpreter Advisory Committee is exploring ways to provide qualified interpreters to the courts statewide and to promote effective and efficient use of interpreters by Nebraska courts. Some concepts currently under consideration include expanding the AOC’s contract interpreter program to include other areas of the state which use interpreters frequently and promoting video and telephonic use of interpreters for hearings of limited scope if an interpreter is not reasonably available. Click here to view members of the Committee.

Rules Relating to Court Interpreters
On July 26, 2008, the Nebraska Supreme Court adopted amendments to the Supreme Court Rules Relating to Court Interpreters. The amendments will be effective July 1, 2008.

The first of these amendments requires interpreters to score 50% or above overall on the oral exam for certification to be on the list of registered interpreters.  Certification requires a score of 70% or above on each of the three components (sight, consecutive, simultaneous) of the oral exam.  This creates three tiers of interpreters:  

• Certified -- Interpreters who have passed each section of the Consortium-approved oral exam.
• Registered -- Interpreters who have attended court interpreter orientation and have passed the Consortium's English Language Proficiency (Written) Exam and have scored 50% or above overall on the oral exam. These interpreters may be contacted if a certified interpreter is not available.
• Other -- Interpreters for languages for which certification tests are not yet available, or individuals who are interested in interpreting but who have not yet demonstrated a 50% performance level overall on the oral exam. This level of interpreters should be contacted only if a certified or registered interpreter is not available.

A second significant amendment in the interpreter rule results in inclusion of travel time in the 2-hour minimum already paid to interpreters.  This change should result in significant savings for the state.

The Court Interpreter Fee Schedule and Payment Policy has been revised to reflect the changes to the travel time provisions. The two Statement for Payment of Interpreter forms have been revised and interpreters should begin using the forms effective July 1, 2008. Click here to print the new Payment Policy and two forms (under the Quick Links menu). Please provide them to interpreters in your court.

Other changes bring the rules into compliance with statutes requiring sign interpreters to be licensed by the Nebraska Commission on the Deaf and Hard of Hearing, require scheduling of interpreters by authorized court personnel, and require each interpreter to have read and verify understanding the Code of Profession Responsibility for Interpreters prior to interpreting in the courts.

Omahan Added to List of Certified Interpreters
Omaha Spanish interpreter Jaime Bonet passed the oral exam for certification which was administered in May. A ceremony to officially administer the oath for interpreters and recognize his accomplishment will be held August 21, 2008, at 4:00 p.m. in the State Capitol. Bonet has been active as an interpreter for years, and is very involved in the Nebraska Association of Translators and Interpreters (NATI). His contact information has been added to the list of Certified Interpreters (www.supremecourt.ne.gov/interpreters/iac-list.shtml) , and courts are encouraged to add him to their lists of people to call when they need a Spanish interpreter.

Training Dates for Interpreters
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

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 and information are available on the Supreme Court Web site.

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

Probation
Districts to be Changed
Probation is in the process of aligning probation districts with judicial districts 8, 9 and 12. All other probation districts will be renumbered to correspond with district court judicial districts. This realignment process will be completed by July 1, 2009.

Returning Soon: Continuous Alcohol Monitoring Tools
Following the success of the SCRAM pilot project, additional dollars have been allocated toward the use of continuous alcohol monitoring. Moving from a pilot project to a supervision tool will require the creation of policy and procedures along with revised provider regulations. Access to continuous alcohol monitoring financial assistance dollars is expected to be available by August 2008.

Contact Deb Minardi, Deputy Administrator, Community Programs, 402-471-3525, deb.minardi@nsc.ne.gov.

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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).

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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.

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