Chief Justice Delivers State of the Judiciary Address
Chief Justice Mike Heavican delivered the annual State of the Judiciary Address on Thursday, January 22, 2009, to a full Legislative Chamber at the State Capitol in Lincoln. This was Chief Justice Heavican's second State of the Judiciary address.

The address was broadcast live on NET2 and NET Radio, and streamed live on the Nebraska Educational Telecommunications Web site.

The Chief Justice provided an overview of the activities of the judicial branch of government including projects involving the state’s 144 judges and more than 1,000 non-judicial employees in courthouses and probation offices across the state.

To read the full speech, click here.

To view the archived speech from the legislative floor, click here (Windows Media Player required).

Legislative Bill Tracking
The 101st Legislative session began in January.  Senators have introduced bills and committees have begun legislative debate. In some cases, amendments have already been proposed.  If bills are voted out of committee, the full Legislature will have the opportunity to debate each bill at least two times before its final passage.  Senators may propose amendments to alter a bill at each stage of debate.  A variety of bills are being tracked by the Administrative Office of the Courts and Probation.

Included in the bills introduced that would affect the Clerks of the District Court are LB 349 and LB 619.  LB 349 is being watched due to the proposed changes to provisions relating to the recall process for elected officials and also the proposed process to challenge the recall petition.   LB 619 revises the definition of “mental health professions” and defines those individuals qualified to serve as members of the Nebraska judicial district mental health boards. It also would ensure an inclusive definition of eligible providers who may serve in this capacity in order to maximize the quality of services provided through the mental health boards.  There are also two bills that would impact juries.  LB 4, which would change the rate of jury compensation to minimum wage, and LB 305, which would include state identification card holders in the jury lists.

There are bills that have potential impact on court and probation employees including retirement bills, a bill providing for state employees to participate in mentoring programs (LB 321) and a salary bill for county court employees (LB 608).  There is also a bill changing the numbers of judges (LB 669) and a bill to increase court costs (LB 333).

Juvenile justice bills include LB 82 requiring notification of a change in a juvenile’s case manager and LB 253 involving the adoption of a new Nebraska Juvenile Code. Other bills include: LB 35, which creates the Office of Violence Prevention and prohibits certain gang activity; LB 345, which changes juvenile court jurisdiction by omitting truancy from § 43-247; LB 346, which would require DHHS to establish a hotline and program relating to children’s behavioral health cases, and LB 356, which would provide behavioral health services for children without parental relinquishment of custody under the juvenile code.

These are a few of the bills the AOC is tracking.  Many of the bills are tracked because of potential changes in JUSTICE.  For a complete list of bills you may contact Judy Beutler at 402-471-2921 or judy.beutler@nebraska.gov.

Legislative Priorities
Priorities of the Judicial Branch for the 101st Legislative Session are outlined in a brochure now being distributed to all state senators by the Chief Justice, the State Court Administrator, and the State Probation Administrator.

To view a copy of the brochure, click here.

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Reports Available Online
The annual caseload reports for all Nebraska courts and the judicial branch revenue sheets have been updated and uploaded to the Judicial Branch Web site.

• Annual Caseload Reports for All Nebraska Courts
• Annual Judicial Branch Revenue Fact Sheet

2008 -- The Year in Review
Judicial Branch Education
This past year the Office of Judicial Branch Education (JBE) has concentrated on increasing opportunities for employee training.  In all, 840 court employees were trained at the various sessions offered by JBE. Three sessions of New Employee Orientation were held along with 11 separate training sessions on dealing with pro se litigants.  Multi-subject meetings were held for Clerk Magistrates, Stenographers, Court Reporters and Clerks of the District Court.  Educational offerings for judges provided education to 219 judges in the state and sent six judges to General Jurisdiction training in Reno, Nevada.  Resources for the establishment of distance learning are under development for future education delivery throughout the state.

Probation has now finalized the New Probation Officer Curriculum including the necessary pieces relating to probation’s Evidence-Based Practice.  Nearly 700 hours of New Probation Officer Training was offered over the course of the year.

Probation expanded its ability to provide in-service staff training that continues to build on the implementation of probation’s Evidence-Based Practice model.  Training on new investigations policies and case planning was offered statewide.  Specialized training for sex offender management, field search software, and supervision training for management were among other training initiatives.  A total of 824 hours of in-service training was provided throughout the year.

Sixteen new trainers joined probation's training team this year, making a total of 40 probation staff who assist in providing both new probation officer and in-service training.  Of the 1,520 hours of training last year, 1,196 hours were conducted by internal probation staff trainers. 

Trial Court Services
Interpreters
Courts in Nebraska used 160 interpreters or interpreter groups in 21 languages and paid $1,043,259 for interpreter services during the 2007-2008 fiscal year. The Administrative Office of the Courts worked during 2008 to recruit interpreters in needed languages, provided orientation for 60 prospective interpreters, and offered a skills-building workshop for interpreters preparing for the oral exam. The oral exam was administered to 45 applicants in five different languages. Testing opportunities were offered twice during the year in four different locations statewide. One certified Spanish interpreter was added to the roster and a certification ceremony was held, during which the members of the interpreter Advisory Committee were recognized for their hard work and contributions to overcoming the language barriers that deny people access to the courts.

The Interpreter Advisory Committee met four times during 2008 and discussed issues of recruitment and education of court interpreters, rules, and courtroom procedure.

Click here to view interpreter training and testing opportunities for 2009.

Office of Dispute Resolution
ODR Advisory Council:   During 2008, five new members were appointed by the Nebraska Supreme Court to serve on the ODR Advisory Council.  They are:  Judge John Samson, Fremont; Michael Pirtle, Omaha; John Slowiaczek, Omaha; Carrie Sheldon, Grand Island; and John Ballew, Lincoln.  In addition, Judge Michael Offner, Hastings, was recently appointed by the Court to begin serving in 2009 to replace Judge Curtis Evans of York, who served six years on the Council.

Mediation of disputes:  The six nonprofit ODR-approved mediation centers opened 1,765 cases during the 07-08 program year.  These cases included small claims, child welfare, juvenile justice, parenting plan and others.  Most significantly, courts as a referral source increased over 13%, from 37% to over 50% last year.  For more information, go to www.supremecourt.ne.gov/mediation/publications.shtml.

Trial court mediation center resources:  In addition to Douglas County District Court’s Mediation and Conciliation Services, a court-annexed parenting mediation program, the statewide ODR-approved mediation centers have expanded their partnership with Nebraska’s trial courts over the past year.  During the 07-08 program year, the following court-connected mediation resources were in operation: 

• 54 counties – Parenting Plan mediation in district courts
• 27 counties – Pre-Hearing Child Welfare Conferences in juvenile/county courts
• 8 counties – Small Claims Mediation in county courts
• 2 counties – Restorative Justice in juvenile/county courts
• 32 communities – Parenting Education under the Parenting Act, including in Spanish

Parenting Act mediation:  During 2008, ODR convened four committees to research and draft:  (a) Policy for Approval of Parenting Act Mediators and (b) Nebraska Family Mediator Standards and Ethics.  Mediators, lawyers, family therapists, domestic violence advocates, and judges participated on these committees.  As a result, in October, the Policy for Approval of Parenting Act Mediators was adopted by the State Court Administrator and the Standards and Ethics were adopted by the ODR Advisory Council.  For more information, go to www.supremecourt.ne.gov/mediation/become-a-mediator.shtml.

ODR is available to work with trial courts in the drafting of trial court rules for the Parenting Act.  Contact Debora Brownyard, Director, Office of Dispute Resolution, at 402-471-2766 or email at debora.brownyard@nebraska.gov.

Approval of Parenting Act mediators:  Individuals who wish to be appointed by a trial court to serve as a Parenting Act mediator must be approved by the Office of Dispute Resolution, based on the statute and policy.  A Web-based application process is under development and will be available online in early 2009.   For more information, please contact Katie Welsh, Parenting Act Administrative Assistant, at 402-471-2911 or email at katie.welsh@nebraska.gov.

Problem-Solving Courts
The Nebraska Supreme Court now oversees 22 problem-solving courts (9 adult drug courts, 6 family dependency drug courts, 5 juvenile drug courts, 1 DUI court, and 1 Young Adult Drug Court) in 10 of Nebraska’s 12 judicial districts.  More than 1,300 drug-addicted offenders will have been served in 2008. Several drug-free babies have been born, families have been reunited, and taxpayer dollars have been saved.  This year, the problem-solving court programs throughout the state have made significant strides in moving toward a true statewide system by working together to improve the quality of services being provided to their participants and by working to create a new statewide case management database that will allow for the collection and reporting of valuable information.  Conducting a statewide evaluation of all programs will be one of the primary focuses of 2009 and begins with the creation of a set of performance measures  with assistance from the National Center for State Courts in February.  Nebraska should see problem-solving courts available in every district in the state in 2009, providing quality programs for offenders with drug addiction and other problems.

Law-Related Education
Chadron High School Takes 2008 Mock Trial Championship
Chadron High School has won the 2008 Nebraska High School State Mock Trial Championship Competition.

The Chadron team defeated a team from Skutt Catholic High School (Omaha) in the final round on December 9, 2008, to win the mock trial competition held at the Justice & Law Enforcement Center in Lincoln. The Honorable Lyle E. Strom, U.S. District Court Senior Judge, presided at the final round of the championship trials.

Full press release: www.nebarfnd.org/news-mock-trial-results

Probation
Four Nebraska Chief Probation Officers Accepted to Select Texas Leadership Program
Newly-appointed Chief Probation Officers Tara Sprigler-Price, O’Neill; Linda Buehler, Gering; Clay Schutz, Grand Island; and Lonnie Folchert, North Platte, have been selected to attend leadership training through the National Institute of Corrections (NIC) and Sam Houston State University.

To read the full press release, click here. 

Rural Improvement for Schooling and Employment (RISE) Program
Nebraska State Probation Implements Evidence-Based Practice
On August 31, 2008, Nebraska State Probation completed the first AmeriCorps service year of the RISE Program.  The RISE Program focuses on teaching job readiness skills and educational opportunities to adult and juvenile probationers.  During this year, eight AmeriCorps members, titled RISE Specialists, worked within eight rural probation districts across Nebraska.  During the first service year, more than 200 probationers participated in the RISE Program and more than 50% either received or maintained employment while participating. 

Nebraska State Probation has received grant funding to continue the RISE Program for service year 2008-2009.  Since completion of the first service year, this program has expanded to cover additional counties in the eight districts, as well as added RISE Specialists.  Furthermore, the RISE Program is now serving juveniles struggling in school by teaching goal setting, motivation, study skills, test strategies, and test anxiety.  Although the juvenile programming has only completed the first quarter of the service year, school improvement for the juveniles served is at 66%.  Nebraska State Probation's move to implement Evidence-Based Practice has shown within one year that focusing on employment and education helps increase probationer success, ultimately reducing recidivism.

Interstate Compact Adult and Juvenile
(Regulating Nebraska Probationer Movement)
Interstate Compact for Adult Offender Supervision (ICAOS) has gone paperless by developing a secure web-based tracking system for probationers and parolees moving across state lines.  The Interstate Compact Offender Tracking System (ICOTS) launched on October 6, 2008.  This system will allow for a seamless service when supervising an offender transferred to or from another state.  In addition this is a uniform system allowing for more efficient response time and compliance with the many rules of the interstate compact.  Since its launch hundreds of probation and parole cases have been transferred.  Not only does this system allow for transfer entry, it includes the ability for every state to generate immediate data regarding offender movement.

The New Interstate Compact for Juveniles was enacted on August 26, 2008, due to the 35th state signing onto this new compact.  This new compact is essential due to an extremely out-dated compact written in 1955.  Also, the new compact allows for a continuity of care for all juveniles moving to other states or for the return of runaways and absconders.  The compact will allow for states to be represented by a national governing commission.  This body will create consistency between all states, authority to enforce compliance, and a formal rule-making authority.  The first meeting for the new juvenile interstate compact was held December 15, 2008.  All 35 states that have enacted the new juvenile compact, and representatives from 11 additional states were present for this event.

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New Court Personnel
Jennifer Fakler, Official Court Reporter, Saline County, effective October 1, 2008.
Teri Deans, promoted to Clerk Magistrate, Dawson County, effective January 1, 2009.
Jonna Jasnoch, Records Clerk, Garden County, effective January 2, 2009.
Cynthia Seagren, Records Clerk, Buffalo County, effective January 2, 2009.
Kathy Sweeney, promoted to Clerk Magistrate (half-time), Greeley County, effective January 26, 2009.

New Probation Personnel
Monica Meier, Problem-Solving Court Treatment Probation Officer, District #18, Omaha, effective October 28, 2008.
Trisha Graeve, Probation Officer, District #20, Lincoln, effective November 12, 2008.
April Garcia-Duran, Probation Officer, District #5, Papillion, effective December 16, 2008.
Jessica Reeves, Juvenile Intake Probation Officer, District #16, Fremont, effective December 22, 2008.
Lonnie Folchert, Chief Probation Officer, District #9, North Platte, effective January 1, 2009.
Melissa Buhr, Juvenile Intake Probation Officer, District #10, Gering, effective January 2, 2009.
Blake Streeter, Probation Officer, District #9, Lexington, effective January 5, 2009.
Linda Vandenberg, Office Manager, District #3, Columbus, effective January 5, 2009.
Leslie Van Winkle¸ Assistant Probation Officer, District #6, Lincoln, effective January 5, 2009.
Jeff Banholzer, Probation Officer, District #2, O’Neill, effective January 5, 2009.
Heather Briggs, Probation Officer, District #18, Omaha, effective January 12, 2009.
Nicole Berggren, Juvenile Intake Probation Officer, District #17, Kearney, effective February 2, 2009.
Amanda Bay, Probation Officer, District #12, Beatrice, effective February 2, 2009.

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Committees
Nebraska Judicial Ethics Committee
The Judicial Ethics Committee has released an opinion addressing the following question: "Should a juvenile court judge recuse in a pending juvenile case where a spouse of another juvenile judge will testify in the case?"

Click here to read the opinion.

Minority Justice Committee (MJC)
The Nebraska Minority Justice Committee (MJC) is a joint effort of the Nebraska Supreme Court and the Nebraska State Bar Association, appointed by the Supreme Court in May of 2003 in response to a Task Force’s two-year investigation of racial and ethnic bias in Nebraska’s justice system. The mission of the Committee is to achieve three primary aims:

1. Address racial disparities in both the juvenile and adult justice systems,
2. Ensure equal access to justice,
3. Increase the diversity of Nebraska’s judicial work forces and legal profession.

In an effort to share its progress and future agenda, the Minority Justice Committee is proud to release its 2008 Progress Report. Click here to view the report on-line.

Judicial Qualifications Commission
The 2008 annual report of the Judicial Qualifications Commission has been uploaded to the Judicial Branch Web site.

• Annual Reports of the Judicial Qualifications Commission
  

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100th Anniversary Event Held in State Capitol Rotunda
The evening of Thursday, December 4, 2008, the Nebraska Judicial Branch opened the doors of the Capitol for a celebration.

An open house marking the 100th Anniversary of the seven-judge Supreme Court featured tours of the Supreme Court, Court of Appeals and the State Library. Guest speaker, Mark Scherer, from the University of Nebraska-Omaha gave a presentation on the history of the Court, followed by remarks from Chief Justice Heavican.

To read more, click here for the Judicial News Special Events: Anniversary.

Nebraska Supreme Court Given Top Rankings in Three National Studies
The Nebraska Supreme Court has received high marks in three recent studies comparing similar state courts in the United States.

To read the full press release click here.

MCLE Adopted for Nebraska Attorneys
The Nebraska Supreme Court has announced the adoption of mandatory continuing legal education requirements for attorneys who practice law in the State of Nebraska. This new requirement follows the 2005 adoption of mandatory education for Nebraska judges and court staff.

To read the full press release, click here.

Nebraska Launching Comprehensive Web Streaming Project
Leaders of Nebraska’s three branches of government announced citizens now have expanded access to hearings and events happening at the State Capitol via an expanded menu of web streaming options.

The new coverage allows citizens to view online cases argued before the Nebraska Supreme Court and Court of Appeals and Governor’s news conferences from the State Capitol. Equipment for streaming legislative floor debate and committee hearings has also been upgraded to provide improved streaming quality.

Links to live coverage from the State Capitol and schedules for upcoming events can be found on the state web portal, www.Nebraska.gov, as well as the Nebraska Educational Telecommunications (NET) Web site at www.netNebraska.org/capitol. The Supreme Court and Court of Appeals begin live web streaming in February.

Nebraska Chief Justice Mike Heavican said, “The Judicial Branch is pleased to participate in the installation of permanent cameras in the State Capitol courtrooms. This project allows all citizens of the State of Nebraska to hear and see their appellate courts at work. The more the public knows about their courts, the stronger our society will be.”

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Benefits Video Available
The state has a new benefits video that would be helpful for any newly-hired employee.  To view the video, go to www.das.state.ne.us/personnel/benefits and look for 2009 New Hire Enrollment Videos in the right-hand menu.  Supervisors should direct new employees to this location before they select their benefits.

Mileage Rate
The Nebraska Supreme Court has determined the mileage for judicial branch employees will be reimbursed at the rate of 48.5 cents a mile effective January 1, 2009.  This rate will be revisited in the future if circumstances necessitate.  However, please note that as of January 1, 2009, the rate to be paid for mileage to those persons who are paid at the rate established by Neb. Rev. Stat. § 81-1176, including persons such as witnesses and jurors, shall be fifty-five cents ($.55) per mile. 

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District Court Records Model
On December 23, 2008, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. §§ 6-1523 through 6-1532: District court records maintenance rule.

Bill of Exceptions
On December 10, 2008, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. App. P. § 2-105(B)(3)(b)(i): Bill of exceptions, making, preserving, transcribing, and delivery of record of trial or other proceeding.

Personal Information Protection
On December 17, 2008, the Nebraska Supreme Court adopted Neb. Ct. R. §§ 6-1701 et seq: CHAPTER 6 - TRIAL COURTS - ARTICLE 17 - UNIFORM SEPARATE JUVENILE COURT RULES OF PRACTICE AND PROCEDURE. 6-1701. Protection of personal and financial information in court records. 6-1702. Local rules.

Waiver/Fine Schedule
On December 17, 2008, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. §§ 6-1401 et seq., app. 6: WAIVER/FINE SCHEDULE - Effective Date: January 1, 2009.

MCLE
On November 26, 2008, the Nebraska Supreme Court adopted Neb. Ct. R. §§ 3-401.1 through 3-402.3, regarding mandatory continuing legal education for lawyers. CHAPTER 3, ATTORNEYS AND THE PRACTICE OF LAW. ARTICLE 4, MANDATORY CONTINUING LEGAL EDUCATION FOR LAWYERS

Travel Policies
On January 14, 2009, the travel policies were amended to state mileage will be reimbursed per the mileage rate as determined by the Nebraska Supreme Court. The amended section was Personal Automobiles. Click here to view the policies in their entirety.

Judgment Interest Rate
Effective January 16, 2009, the judgment interest rate is 2.254%.

These changes are also incorporated into the full set of rules listed below the rule amendments section on the web page.  All rule changes/additions are available at: www.supremecourt.ne.gov/rules/index.shtml

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

Contact Carole McMahon-Boies, Director, JBE, 402-471-3072, carole.mcmahon-boies@nebraska.gov.

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

Upcoming 2009 State Holidays
February 16, President's Day
April 24, Arbor Day
May 25, Memorial Day
July 3, Independence Day
September 7, Labor Day
October 12, Columbus Day
November 11, Veteran's Day
November 26 – 27, 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 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.

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