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Administrative Memorandum 10-1 | January 2010

  • 2010 Legislative Session
  • Special Projects & Events
  • Administrative Office of the Courts & Probation
  • People
  • Committees · Commissions
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  • Rule, Form & Policy Changes
  • Calendar Items
  • Miscellaneous
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    2010 Legislative Session

      Chief Justice Delivers State of the Judiciary Address
      Chief Justice Mike Heavican gave his 3rd annual "State of the Judiciary" address to the Legislature on Thursday, January 21, 2010. 

      The "State of the Judiciary" address is given by the Chief Justice at the invitation of the Speaker of the Legislature.   Since 2008 this address has become the judiciary’s opportunity to highlight Judicial Branch priorities for the upcoming year and provide relevant information directly to lawmakers.  Heavican provided an overview of the activities of the judicial branch of government including projects involving the state’s 144 judges and over 1,000 non-judicial employees in courthouses and probation offices across the state. 

      To read the full speech or view the archived video from the legislative floor, click: http://supremecourt.ne.gov/community/adminreports/state-judiciary-address/index.shtml
       (Windows Media Player required).

      Legislative Bill Tracking
      On January 6, 2010, the Nebraska Legislature convened for a 60-day session.  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. Although this year’s session is likely to be dominated by the continued state budgetary issues and problems, there are a variety of bills being tracked by the Administrative Office of the Courts and Probation.

      Included in the bills introduced that would affect the courts is LB 824, which changes provisions relating to master jury lists, and LB 4, a carryover bill which changes the rate of jury compensation to minimum wage.  LB 923 changes provisions relating to sealing of juvenile criminal justice records.  This complicated bill is also being closely monitored by the Criminal Juvenile Subcommittee of the Minority and Justice Committee.  Other bills include LB 864, relating to the Community Corrections Council, and LB 800, relating to methods of early intervention for children at risk.

      Many other 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.

      The Legislative calendar can be found: http://www.nebraskalegislature.gov/calendar/calendar.php

      Current session information: http://www.nebraskalegislature.gov/session/session_info.php

      Find your senator: http://www.nebraskalegislature.gov/senators/senator_list.php

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    SPECIAL PROJECTS & EVENTS


      County Courts of the 11th Judicial District First to Implement Electronic Filing District-wide
      The county court judges and staff of the 11th Judicial District (Arthur, Chase, Dawson, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Hooker, Keith, Lincoln, Logan, McPherson, Perkins, Red Willow, and Thomas counties) are the first courts in a multi-county district to implement an e-filing system throughout their judicial district.

      “This is an incredible achievement, particularly given the size of the 11th Judicial District,” said Chief Justice Mike Heavican. “The time is right for expansion into this type of statewide system and these 17 courts are to be congratulated for their dedication to this project.” Read full release: http://supremecourt.ne.gov/press/2010-releases/congrats-11th-jud-dist-cc.pdf

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Judicial Branch Education
      Third Step of Judicial Administration Certification Program Launched
      With the assistance of the University of Nebraska at Omaha(UNO), Judicial Branch Education has built an online course in Case Management to assist court managers in rethinking how to analyze the progression of cases through the court system.

      There is a growing realization of the importance of public confidence in the judiciary as an institution that provides fair treatment and access to justice.  We have all heard “justice delayed is justice denied.”   The current emphasis on case flow standards is meant to improve the speed of cases through the system and helps to ensure a positive public image of the courts.
       
      The course is meant to provide clerks with information about the national trends in case flow management.  The clerk is in a position to assist the court in identifying areas where improvement can occur and ultimately the clerks are involved in administering any changes that are instituted in a case flow management process.  Uniformity in recordkeeping functions and case management provides reliable data statewide. 

      The course provides clerks with background reading and videos of this important subject.  Course assignments include mapping the progression of cases through the court system from filing to court of appeals argument. 

      UNO has made the learning platform used by university students available to the court under a cooperative agreement intended to assist those who want to pursue a university degree. The Court’s training program will count toward university credits.

      The course provides ten credits that clerks can apply to the Judicial Branch Education Court Management Certification.  All sixty credits in the program will ultimately be available online for access to court managers statewide.

      Yearend Report Online
      Beginning in 2005, the Supreme Court mandated that all judges obtain ten credit hours of education each year, and that all court staff, clerks of the district court, and probation employees receive at least eight hours of annual education.

      Reaching over 1,100 people with quality education has become the goal of Judicial Branch Education (JBE).  This report details the utilization of distance learning and grant funding enabling JBE to produce quality education for all judges and staff.  Link to full report:
      http://supremecourt.ne.gov/community/adminreports/09-jbe-year-end.pdf

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

      Contact Alicia Guerra, Administrative Assistant, 402-471-3137, alicia.guerra@nebraska.gov.

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    PEOPLE


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    COMMITTEES · COMMISSIONS


      Judicial Ethics Committee
      Max Kelch Newest Member
      Judge Max Kelch was appointed to the Judicial Ethics Committee November 18, 2009, when Judge Carlton Clark was appointed chairman and Judge Robert Ensz was appointed vice chairman.  Full listing of the Judicial Ethics Committee:  http://www.supremecourt.ne.gov/commissions/jec.shtml      .

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    RULE, FORM AND POLICY CHANGES


      Proposed Rule Amendments For Comment:
      Nebraska Code of Judicial Conduct
      (comment period ends March 31, 2010)

      Rule Amendments (made within the last 90 days):
      Nebraska Workers' Compensation Court (adjudicatory rules)
      (approved January 21, 2010)
      Neb. Ct. R. §§ 6-401 and 6-407 (Electronic Filing in Trial Courts)
      (adopted January 21, 2010
      Neb. Ct. R. §§ 3-401.4 and 3-401.6 (Attorney MCLE Requirements)
      (adopted November 12, 2009)

      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.

      Workers’ Compensation Court rules: http://www.wcc.ne.gov/statutes.htm

      Attorney Fees Allowed for Judgments in Civil Cases
      Reminder:  As of August 2009, attorney fees are allowed for judgments in civil cases up to $4,000 (up from $2,000 previously).  This stems from Neb. Rev. Stat. 25-1801, which reads in part:   Attorney's fees shall be assessed by the court in a reasonable amount but shall in no event be less than ten dollars when the judgment is fifty dollars or less and when the judgment is over fifty dollars up to four thousand dollars the attorney's fee shall be ten dollars plus ten percent of the judgment in excess of fifty dollars.

      Contact Sheryl Connolly, Trial Court Services Director, 402-471-2671, sheryl.connolly@nebraska.gov.

      Judicial Financial Interest Statements Emailed
      A link to the online Judicial Financial Interest Statement has been sent to all judges, full-time clerk magistrates, and child support referees.  The form is also available in a “fill-in” format on the Judicial Branch Web site at http://supremecourt.ne.gov/forms/JFIS.pdf.  The statement is for the year ending December 31, 2009.  As per the request of the Supreme Court Clerk’s Office, forms are to be returned to Marcie Luhman in the State Court Administrator's office.  All forms will be collected and submitted to the Clerk for filing prior to the May 1, 2010, deadline.

      Contact Marcie Luhman, Administrative Assistant, 402-471-2249, marcie.luhman@nebraska.gov.

      New Lawyer’s Ethics Advisory Opinion Online
      Advisory Opinion 09-10 was issued December 2009 regarding lawyers who assist undocumented aliens in obtaining workers’ compensation balancing obligations to the client and candor to a tribunal.  Link to opinion: http://www.supremecourt.ne.gov/professional-ethics/lawyers/ethics-pdfs/2000s/09-10.pdf.

      Contact Dennis Carlson, Counsel for Discipline, 402-471-1040, dennis.carlson@nebraska.gov.

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    CALENDAR ITEMS


      February 15 President's Day
      April 30 Arbor Day
      May 1-8 Law Day, events to be celebrated nationally
      May 4

      Law Day Ceremony, Lincoln, Nebraska Supreme Court

      May 31 Memorial Day
      July 5 Independence Day
      September 6 Labor Day
      October 11 Columbus Day
      November 11 Veteran's Day
      November 25-26 Thanksgiving and Friday following
      December 24 Christmas

    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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    MISCELLANEOUS


      Judges Filing For Retention Use Online Application
      The Secretary of State’s Judicial Office Holder’s Retention Application form has been updated with 2010 dates.  Those judges filing for retention must do so by August 1, 2010.  Completed forms are to be returned directly to the Secretary of State where they are officially filed and uploaded to their Web site.
                     
      Secretary of State Fill-in Application: http://www.sos.ne.gov/elec/pdf/judicial%20filing.pdf

      Secretary of State - Elections Division
      Mailing Address: P.O. Box 94608, Lincoln, NE 68509-4608
      Location: State Capitol, Third Floor
      Send E-Mail to: Elections  (sos.elect@nebraska.gov)

      Link to the Secretary of State’s Web page ‘2010 Judicial Candidate List for retention in office’: http://www.sos.state.ne.us/elec/2010/pdf/judicial%20list.pdf
      (Listing of judges who have filed for retention election in 2010)

      Contact Janet Bancroft, Public Information Officer, 402-471-3205, janet.bancroft@nebraska.gov.

      Publication Ordering Available Online
      Court staff may order publications from the Administrative Office of the Courts and Probation (AOC/P) online at www.nebraska.gov/courts/ordering/order.cgi. The AOC/P’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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    Chief Justice Michael G. Heavican
    Janice K. Walker, State Court Administrator
    Ellen Fabian Brokofsky, State Probation Administrator


    This file last modified Friday November 18, 2011 11:40:33