Search:


Administrative Memorandum 10-2 | February 2010

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

    2010 Legislative Session

    Back to top

    SPECIAL PROJECTS & EVENTS


      Supreme Court/State Bar Foundation Law Day Essay Contest 2010            
      The 11th Annual Law Day Essay Contest is getting under way.  On May 4, 2010, winners of the contest will be honored at the Law Day Luncheon at the Governor’s Residence.  Following the recognition, students and other luncheon guests will cross the street to the Capitol where they will participate in a presentation by Professor Raymond T. Nimmer, University of Houston Law Center.  Professor Nimmer’s subject will be “Star Wars:  Clash of Law, Digital Technology, and the Internet.”  The keynote presentation will be sent as a teleconference to several classrooms across the state.

      This year’s Law Day theme is “Democracy Responds to Technology.”  The student essay question is:

      Benjamin Franklin is quoted as saying, “Any society that would give up essential liberties to gain a little temporary security deserves neither liberty nor security.”

      Keeping in mind what Franklin said about liberty and security, should the United States require full-body x-ray scans at all U.S. airports to combat terrorism?  Defend your position.

      Contact Judge Lyle Strom, PEOPLE Committee Chairman, 402-661-7320, strom@ned.uscourts.gov.

      New Voters’ Guide to Nebraska’s Judicial Retention Elections Online
      The PEOPLE Committee has approved a new voter-education Web page for the Judicial Branch Web site.  The purpose is to provide the public with detailed information about judicial retention elections in Nebraska.  Topics include why Nebraska chose merit selection, resources for voters to evaluate judges, and ways in which courts are accountable to the public.
        
      Review the informational Web page: http://supremecourt.ne.gov/press/voters-guide-retention-election.shtml

    Back to top

    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      New Process for Transcription Services in County Court
      As of March 1, 2010, the majority of county court transcription services in the state will be outsourced allowing transcribers to be reassigned to other duties in their local courts or to provide remote assistance for other courts.

      Clerk Magistrate Linda Mitchell, Antelope County Court, will coordinate all requests for transcription.  Linked below is the form for transcription requests and the original memorandum sent to clerk magistrates regarding this procedural change.

      Read full memorandum: http://www.supremecourt.ne.gov/community/adminmemos/2010/transcription-memo.pdf

      Transcription request form: http://www.supremecourt.ne.gov/forms/administrative/request-transcription.pdf

      Judicial Branch Education
      Nebraska Supreme Court Cancels Continuing Legal Education Meetings for Judges and Staff
      In order to conserve limited funds, the Nebraska Supreme Court has cancelled state-funded education meetings for judges and staff this spring and summer. 

      Read full release: http://supremecourt.ne.gov/press/2010-releases/jud-ed-canceled.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.

      New Administrative & Statistical Reports Available Online
      Click on the reports below for 2009 statistics:

      Probation
      Probation Administrator Brokofsky Appointed to Task Force to Help Ex-Offenders
      A 15-member task force, including Nebraska State Probation Administrator Ellen Fabian Brokofsky, has been created with the goals of reducing recidivism and helping offenders released from jail return successfully to society.

      The Douglas County Board approved the members of the Re-entry Task Force on February 9, 2010.  Other members are: U.S. Rep. Lee Terry;  Omaha Mayor Jim Suttle; Robert Houston, Director, Nebraska Department of Correctional Services; Erin Porterfield, Executive Director, Metropolitan Continuum of Care for the Homeless; Kristin Williams, the Sherwood Foundation; Randy Schmailzl, President, Metropolitan Community College; State Senator Brenda Council, Omaha; Wendy Boyer, the Greater Omaha Chamber of Commerce; Theresa Barron-McKeagney, Director, the University of Nebraska at Omaha's School of Social Work; Mary Lee Ranheim, Deputy Chief Federal Probation Officer, District of Nebraska; Deborah Gilg, U.S. Attorney for Nebraska; Michael Abramson, Workforce Development Board and Douglas County Board members Mary Ann Borgeson and Chris Rodgers.

      Juvenile Intake:  Re-tooling for the Future
      Probation Administration is enhancing the way juvenile intake is handled across the state.  Over the past few months, Probation’s Juvenile Committee has looked at ways to increase effectiveness of the intake process.  This includes revising policy, creating a new intake screening assessment tool to follow best practice guidelines, and focusing on detention alternatives.

      The Juvenile Committee has created a purpose statement for juvenile intake:

      “The purpose of detention is to detain only those juveniles who pose a severe risk to the community or who are at risk to flee the jurisdiction.  The most appropriate options which are the least restrictive and intrusive to the juvenile and their family will be chosen.  The primary objective is to balance the best interest of the juvenile, family and the safety of the community.”

      The creation of a new detention screening risk assessment tool will ensure Probation is only authorizing secure detention to those high-risk juveniles in our communities.  This process started by reviewing best practice intake procedures from JDAI (Juvenile Detention Alternatives Initiative) at the Annie E. Casey Foundation.  This ensures the court that when a juvenile comes in for a detention hearing, the probation officer has investigated all other options prior to utilizing secure detention. 

      One new aspect of our new Nebraska Juvenile Detention Screening Risk Assessment tool is that probation can now track detention trends in each individual probation district.  The new instrument will allow review of the reasons juveniles are being detained and if some service can be put into place in the community to address that need instead of secure detention. 

      Research has shown the negative impact detention has on low-risk juveniles.  The system needs to ensure only those juveniles who are a safety risk to the community, themselves, or a risk to flee the jurisdiction are being placed in secure detention facilities.  Placing low-risk juveniles in secure facilities leads to the juvenile penetrating the system further than needed and being placed in higher-end placements.

      Contact Corey Steel, Juvenile Justice Programs Specialist, 402-471-4976, corey.steel@nebraska.gov.

    Back to top

    PEOPLE


       

      New Presiding Judges
      Judge Leo Dobrovolny, Gering, will serve as Presiding District Judge of the 12th Judicial District for 2010.

      Judge Gerald R. Jorgensen has been named County Court Presiding Judge of the 9th Judicial District (Buffalo and Hall Counties) for 2010. Read full release: http://supremecourt.ne.gov/press/2010-releases/pres-judge-9th.pdf

      New Court Personnel
      Casey Hutton, Records Clerk, Lancaster County Court, effective February 24, 2010.
      Lori Koeneke, Records Clerk, Otoe County Court, effective February 24, 2010.

    Back to top

    COMMITTEES · COMMISSIONS


      Association Officer and Committee Updates
      For a current listing of association officers and committees click on the following links:

      Minority Justice Committee Releases Annual Progress Report
      The Nebraska Minority Justice Committee, a joint effort of the Nebraska Supreme Court and the Nebraska State Bar Association established to examine and address issues of racial and ethnic fairness in the court system, is pleased to release its annual Progress Report.

      Read the full report online: http://www.nebar.com/associations/8143/files/MJIC_2009ProgressReport.pdf

      Judicial Ethics Committee Task Force
      The Judicial Ethics Committee Task Force to Revise the Code of Judicial Conduct submitted its recommendations for a revised Nebraska Code of Judicial Conduct based on proposed revisions to the 2007 ABA Model Code of Judicial Conduct.  Proposed revisions:
      http://www.supremecourt.ne.gov/rules/amendments/NebCodeJudCondNOTICE.pdf

      Send comments via e-mail to lanet.asmussen@nebraska.gov no later than March 31, 2010.

      Judicial Ethics Committee Task Force
      Judge John Steinheider, County Court - Chair
      Judge John Colborn, District Court - Vice Chair
      Judge Carlton Clark, County Court
      Judge Robert Ensz, District Court
      Judge Sandra Dougherty, District Court, Retired (member until her retirement in April 2009)
      Judge Larry Gendler, Separate Juvenile Court
      Judge William Cassel, Court of Appeals
      Professor Susan Poser, University of Nebraska College of Law
      Professor Stephen C. Sieberson, Creighton University School of Law
      Terri Brown, Nebraska Supreme Court Staff Attorney, Committee Reporter

      Pro Se Forms Committee
      Clerks, Judges:

      Several changes have been made to Pro Se forms over this past winter.  When changes are made to forms, the instruction pages associated with the form are often changed.  Current forms and instructions are maintained on the Web site.

      Changes uploaded to the Web site this month include:

      1. Affidavit and Application for Order to Show Cause (visitation), DC6:5(27)
      2. Instructions for Filling Out Affidavit and Application to Proceed In Forma Pauperis, DC6:7(1a) and DC6:5(35a)
      3. Affidavit and Application to Proceed In Forma Pauperis (dissolution), DC 6:7(1)
      4. Affidavit and Application to Proceed In Forma Pauperis (enforcement child support/visitation), DC6:5(35)

    Back to top

    RULE, FORM AND POLICY CHANGES


      Mileage Rate
      Reminder:  As of January 1, 2010, the mileage rate for jurors was changed from fifty-five cents ($.55) to fifty cents ($.50) per mile.  The fee schedule online contains this updated information.
      http://supremecourt.ne.gov/community/fees.shtml

      Mileage for Supreme Court employees remains $.485 per mile.

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

      Proper Handling of Fax Filings
      Court of Appeals opinion A-09-896 outlines difficulties caused when fax filers do not follow the fax rule.  Link to A-09-896 released February 9, 2010:
      http://www.supremecourt.ne.gov/opinions/2010/february/feb9/a09-896.pdf

      Link to the fax rule:  http://www.supremecourt.ne.gov/rules/pdf/Ch6Art6.pdf

      Sex Offender Registration Forms

      The old Sex Offender Registration form has now been removed from the Judicial Branch Web site.  The new form is in the Criminal section: Sex Offender Registration Form, CC 6:9 (effective 01-01-2010)

      County attorneys have been advised by the Office of the Attorney General that the form is accurate for those sentenced after 1/1/2010 and all parts of the required notice are contained within the new form.

      Rule Changes/Additions --
      Neb. Ct. R. § 3-401.8 (Mandatory Continuing Legal Education for Lawyers)
      § 3-401.8. Credit for activities other than attending accredited or approved courses.
      (adopted February 3, 2010)

      Neb. Ct. R. § 6-1464 (Uniform County Court Rules of Practice and Procedure)
      § 6-1464. Protection of personal and financial information in court records.
      http://www.supremecourt.ne.gov/rules/amendments/6-1464Amds.pdf

      Neb. Ct. R. § 6-1521 (Uniform District Court Rules of Practice and Procedure)
      § 6-1521. Protection of personal and financial information in civil court records.
      http://www.supremecourt.ne.gov/rules/amendments/6-1521Amds.pdf

      Neb. Ct. R. § 6-1701 (Uniform Separate Juvenile Court Rules of Practice and Procedure)
      § 6-1701. Protection of personal and financial information in court records.
      http://www.supremecourt.ne.gov/rules/amendments/6-1701Amds.pdf

      View all rule amendments within the past 90 days: http://www.supremecourt.ne.gov/rules/index.shtml

      Judicial Financial Interest Statements
      A link to the online Judicial Financial Interest Statement was sent to all judges, full-time clerk magistrates, and child support referees in January.  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.

    Back to top

    CALENDAR ITEMS


      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).

    Back to top

    MISCELLANEOUS


      Nebraska’s Mediators Have a New Place to Call Home
      The Nebraska Mediation Center Association has changed its name to the Nebraska Mediation Association (NMA) and will hold its inaugural event under their new name on April 23, 2010, at Happy Hollow Country Club in Omaha.  The event, a lunch and learn, is scheduled from 11:30 a.m. - 4:00 p.m.  Attendees will learn about the new Nebraska Mediation Association, enjoy a powerful presentation by Creighton University’s Professor of Law and Director of the Werner Institute, Arthur Pearlstein, meet and mingle with other Nebraska Mediators, and have the opportunity to join the new association and vote for new board members.

      View full press release -- www.nemediation.org/files/Press_Release_021010.pdf

      Link to Frequently Asked Questions for NMA -- www.nemediation.org

      Judges Filing For Retention Use Online Application
      The Secretary of State’s Judicial Office Holder 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 will be 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.

    Back to top

     

    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 12:46:00