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Administrative Memorandum 10-8 | July/August 2010

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

    SPECIAL PROJECTS & EVENTS


      National Center for State Courts Re-engineering Meetings
      The National Center for State Courts team met in Lincoln in mid August to listen to focus groups from Nebraska’s legal community and meet with the Court’s re-engineering advisory group.  Facilitators from the National Center include Laura Klaversma, Lee Suskin, and Larry Webster. 

      The Nebraska advisory group, chaired by Judge Pat McDermott, has been divided into three working teams with assignments in the areas of Policy, Structure and Centralization of services.  Members of the teams are:

      • Policy – Judges Linda Porter and Pat McDermott; lawyers Tom Maul and Sally Johnson; consultant Liz Neeley
      • Structure – Judges Larry Gendler and Paul Korslund
      • Centralization – Judges Gary Randall, Tom Otepka, Anne Paine

      Staff participating in the process are:  State Court Administrator Janice Walker, Deputy Administrators Judy Beutler and Bill Miller, and Administrative Fiscal Analyst Eric Asboe.

      The group plans on completing their initial work in mid-October 2010.

       More on the National Center for State Courts Re-engineering project:

      Chief Justice Receives National Council Award
      Nebraska’s Chief Justice, Mike Heavican, received the National Council for Juvenile and Family Court (NCJFCJ) Judges President’s Award for his ongoing support of the work of the NCJFCJ. The award was presented by outgoing NCJFCJ President Judge Doug Johnson with deepest gratitude in July 2010.

      Chief Justice and State Court Administrator Visit Self-Help Center in Grand Island and Technology Installation in O’Neill
      District Court Judge Teresa Luther and Tri City Legal Self-Help Center (Hastings, Grand Island, and Kearney) coordinator, James H. Truell, opened the Self-Help Center at 10:00 a.m. Thursday to provide a tour and orientation for Chief Justice Heavican and State Court Administrator Janice Walker.  The Center is ordinarily staffed on Fridays from 10:00 a.m. to 2:00 p.m.


      (Photo from Grand Island Independent)

      Read about the visit:

      Following the visit to the Self-Help Center, the Chief Justice and State Court Administrator travelled to the county courthouse in O’Neill to view newly-installed courtroom technology with Judge Alan Brodbeck.

      Click here to read the news article from the O’Neill paper.

      Self-Help News
      Legal Aid of Nebraska Opens Self-Help Center in Omaha
      A new legal self-help center is opening September 7 at 19th and Farnam Streets in Omaha.  Click here to read more from KETV.com. 

      Court Information Kiosk Moves to Holdrege
      The Nebraska Supreme Court Information and Assistance kiosk moved from the Franklin County Courthouse to the Holdrege Area Library in mid-July.  Court staff and Judge Ide met with librarian Pam Soreide to answer questions about the information available through the kiosk.  Click here for photos of the move.

      Efiling Featured on Judicial Branch Web Site
      The front page of the Judicial Branch Web site now features information on Efiling in order to promote expansion of the project as Efiling saves court staff time with every filing.  Nebraska.gov has produced posters for display in clerks' offices and small flyers for envelope stuffers available to all courts who wish to use them.  Help encourage Efiling in your court by contacting Janet Bancroft for promotional materials.

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


      Probation Receives Prestigious Award

      Nebraska Probation System was awarded the American Probation and Parole Association’s prestigious PRESIDENT’S AWARD for development and implementation of Nebraska’s unique Specialized Substance Abuse Supervision (SSAS) Program.  Nebraska’s one-of-a-kind program provides felony drug offenders who are either headed for or released from prison the opportunity to address their substance addictions while gaining skills needed to become productive citizens in their communities.

      Deb Minardi, Deputy Probation Administrator of Community-Based Supervision, Programming and Services, accepted the award during the APPA opening session on August 15, 2010.  Click here to read full press release.

      Contact Deb Minardi, Deputy Probation Administrator, 402-471-8572, deb.minardi@nebraska.gov.

      Judges Key to Foster Care Training of Volunteers
      Several judges are featured in a Foster Care Review Board (FCRB) article from the Summer 2010 FCRB newsletter.  Legal training was provided in several areas across the state by Judges Doug Johnson, Robert Ide, Kent Turnbull, Donna Taylor, Linda Porter, James Worden and the Chief Justice.  Click here to view the full article.

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Judicial Branch Education
      Upcoming Meetings & Trainings
      Registration will soon be open for the Fall Judges' Meeting which begins October 20, 2010, in Omaha. email notices will be sent when registration begins. 

      At the end of October there will be a one-day training for all clerk magistrates and all court staff who deal with juvenile court matters.  The training, funded with Court Improvement Project funds, is intended to bring uniformity to the manner in which JUSTICE entries are made in juvenile court cases and is an opportunity for all clerk magistrates to get together to address this important topic. The exact date of the training will be announced soon.

      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.

      Trial Court Services
      On-Call Court Interpreters
      Court use of on-call interpreters saved the Nebraska taxpayers $2,201 in July 2010.  At the same time, the project insured that every court in Nebraska has access to certified Spanish interpreters. 

      Courts are asked to use the on-call interpreter program when they need Spanish interpreters but scheduling or distance make it difficult or expensive to have a certified interpreter travel to the county.   About 1/3 of the state’s interpreter budget has gone to pay for travel time and mileage.

      The interpreter program is greatly indebted to certified interpreter Luis Sanchez of Alliance for his design and management of the on-call calendar.

      Click here to view the calendar and mark it as a "favorite" for quick reference.

      Interepreter Orientation Approaching
      Interpreter Orientation is being held in Omaha at the College of St. Mary's on September 11 and 12.  Click here for agenda and registration information.

      The courts are asked to encourage prospective interpreters, particularly those in languages for which we do not have certified interpreters, to attend.

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

      Drug Court Conference in Lexington
      The Midwest Nebraska Drug Court in Probation District #11 organized a specialized statewide drug court conference on July 21 - 22 in Lexington, Nebraska.  The conference, “Incentives and Sanctions,” was conducted by the National Association of Drug Court Professionals (NADCP), and utilized federal grant funding.  The original training event was to take place in California until the Midwest Nebraska Drug Court representatives requested permission to allow the National Association of Drug Court Professionals to move the conference to Lexington.  In doing so, the conference was open to drug courts statewide and included Probation personnel.

      Click here to read full press release.

      Probation
      NPMIS Converted to NPACS
      Nearly two years ago, the Operations Division of the Administrative Office of the Courts and Probation began the development of the Nebraska Application for Community Safety (NPACS), a full-featured case and data management system.  Numerous Probation staff, who served on focus groups, were involved in designing NPACS which is founded on the new business logic of the Probation System. Data from the previous Nebraska Probation Management Information System (NPMIS) was converted to NPACS with the new system being brought into production on August 1, 2010.

      NPACS allows users 24/7 access to offender and case management data. It also:

      • Notifies staff of pending issues and over-due items.
      • Provides task management, i.e., sets reminders, records notes, generates emails and attaches files to the case.
      • Minimizes duplication of data entry.
      • Improves staff accountability and overall Probation System accountability.
      • Reduces paperwork.
      • Supports the Fee for Service Voucher system which accurately disperses treatment funds for substance abusing offenders.
      • Automates the presentence and predisposition investigations.
      • Provides an accurate dataset which is integrated with the Nebraska Criminal Justice Information System (NCJIS) and Patrol Criminal History (PCH).
      • Assists in supporting community safety.

      NPACS supports an overrarching quality assurance system which is necessary to monitor the delivery of services and maintain and enhance the fidelity and integrity of the Probation System.

      Contact David Wegner, Deputy Probation Administrator, 402-471-4190, david.wegner@nebraska.gov.

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    PEOPLE

      County Court Judge Appointed, 12th Judicial District
      On August 2, 2010, Governor Dave Heineman appointed Kristen D. Mickey of Scottsbluff to fill the vacant county court judgeship in the 12th judicial district. The vacancy was created by the retirement of Judge Glenn Camerer.

      Mickey served as a special prosecutor in Scotts Bluff County and was deputy Banner County attorney, 2003-2004. He graduated in 1991 from the University of Wyoming with a degree in civil engineering and graduated from Washburn University School of Law in Topeka, Kansas, in 1994.

      Mickey will be sworn in September 1, 2010.

      Probation Administrator, Ellen Fabian Brokofsky, President of the National Association of Probation Executives
      Nebraska’s State Probation Administrator Ellen Fabian Brokofsky assumed the position of president of the National Association of Probation Executives (NAPE) during its August 2010 annual meeting in Washington, DC.

      Click here to read full press release.

      New Court Personnel
      Maggie Ballard, Records Clerk, Douglas County Court, effective July 1, 2010.
      Lorelie Bartling, Clerk Magistrate, Cheyenne County Court, effective July 1, 2010.
      Morgan Fitzgerald, Records Clerk, Douglas County Court, effective July 1, 2010.
      Sarah Hegg, Records Clerk, Douglas County Court, effective July 1, 2010.
      Stephanie Wagner
      ,
      Records Clerk, Douglas County Court, effective July 1, 2010.
      Stacey Ronnebaum
      , Records Clerk, Richardson County Court, effective July 12, 2010.
      Robin Cobaugh, Keith County, Records Clerk, July 19, 2010.
      Jason Minor, Records Clerk, Douglas
      County Court, effective July 19, 2010.
      Nicole Nielsen, Lancaster County, Records Clerk, August 10, 2010.

      New Probation Personnel
      Holly Collins, Probation Officer, District #2, Papillion, effective July 1, 2010.
      Susanna Duncan, Probation Officer, District #4A, Omaha, effective July 6, 2010.
      Kristi Lesley, Juvenile Justice Resource Supervisor, District #4J, Omaha, effective July 12, 2010.
      Cynthia Rutledge, Treatment Probation Officer, District #4A, Omaha, effective July 12, 2010.
      Andy Rickley, Specialized Substance Abuse Supervision (SSAS) Probation Officer, District #4A, Omaha, effective July 12, 2010.
      Jannene Sass, Probation Officer, District #4A, Omaha, effective July 12, 2010.
      Nancy Babe, Specialized Substance Abuse Supervision (SSAS) Probation Officer, District #4A, Omaha, effective July 12, 2010.
      Paula Rohl, Probation Officer, District #4A, Omaha, effective July 12, 2010.
      Teresa Bantz, Probation Officer, District #2, Papillion, effective July 12, 2010.
      Janessa Finley, Problem-Solving Court Coordinator, District #7, Norfolk, effective July 12, 2010.
      Jeff Banholzer, Probation Officer, District #5, Columbus, effective July 26, 2010.
      Johnna Arensdorf, Case Monitor, District #11, North Platte, effective August 2, 2010.
      Amanda Schrum, Treatment Probation Officer, District #4A, Omaha, effective August 23, 2010.
      Nicole Gruber, AmeriCorps Program Specialist, District #11, North Platte, effective September 1, 2010.
      Jessica Curd, Probation Officer, District #2, Papillion, effective September 13, 2010.

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    COMMITTEES · COMMISSIONS



      Supreme Court’s Review Committee on the Status of Adult Guardianships and Conservatorships
      The Guardian/Conservator Committee is holding a working session at the State Capitol on Wednesday, September 1, 2010.  Its three subcommittees have been working over the summer to identify recommendations. The goal of the meeting is to provide the full Committee an opportunity (a) to review the three subcommittees’ draft recommendations; (b) to consider a short-term, low-cost immediate proposal for court improvement; (c) to discuss draft recommendations; (d) to come to consensus on recommendations, alternatives, including benefits and concerns; and (e) to determine the process for drafting final recommendations to submit to the Supreme Court, the Legislature, and the Nebraska State Bar Association.

      Senator John Wightman from Lexington is the Chair and Senator John Nelson of Omaha is Vice-Chair of the Review Committee.  The three subcommittees are:

      • Best Practices for Courts/Judges/Lawyers
      • Best Practices for Guardians and Conservators
      • Statutes and Rules

      By October 1, 2010, the Review Committee on Guardianships and Conservatorships will submit its report to the Chief Justice, the Legislature, and the Bar Association.

      Click here to view the full committee listing.

      To view a slideshow of the initial Guardian Conservator Task Force meeting held June 11, 2010,  click here.

      Contact Debora Brownyard, Director, Office of Dispute Resolution, 402-471-2766, debora.brownyard@nebraska.gov.

      Minority Justice Committee
      The ABA Standing Committee on Bar Activities and Services selected the Nebraska State Bar Association as the recipient of an ABA Partnership Award for three of its diversity programs: the Job Shadowing Program, the LSAT Prep Scholarship Program, and the Minority Corporate Counsel Program. The NSBA was recognized at the 2010 meeting of the National Conference of Bar Presidents, National Association of Bar Executives and the National Conference of Bar Foundations in San Francisco.

      The Nebraska State Bar Association’s diversity programs are developed and administered by the Minority Justice Committee. The Committee’s focus on diversity is two-fold: to expand the pipeline of diverse law school applicants and to take steps to retain attorneys of color currently practicing in Nebraska. For descriptions of the award winning programs, click “ABA Partnership Award.”

      Link to Minority Justice Committee on the Judicial Branch Web site.

      Child Support Advisory Commission
      Judge Paul Merritt and Judge Vicky Johnson have been appointed to the 2010 Nebraska Child Support Advisory Commission. 

      Nebraska law requires a quadrennial review of the Nebraska Supreme Court Child Support Guidelines.  The last review of the guidelines began in 2006 and was completed in 2007 with several amendments to the guidelines approved and adopted by the Nebraska Supreme Court.  The 2007 child support guideline amendments were based, in part, on the valuable work and recommendations of the 2006-2007 Nebraska Child Support Advisory Commission.

      The commission is expected to fulfill its duties in late December 2010.

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    RULE, FORM AND POLICY CHANGES


      Proposed Rule Amendments For Comment
      Case Progression Standards in Juvenile Courts:
      Proposed Amendments Nebraska Code of Judicial Conduct, Appendix B, Subsection C (comment period ends October 1, 2010)

      Minimum Technology Standards for Trial Courts:
      Proposed "Technology Guidelines" (comment period ends September 1, 2010)

      Rule Amendments (made within the last 90 days)
      Personal Financial Information:
      Neb. Ct. R. §§ 6-1449 and 6-1464 and Appendices 7 and 8 (Uniform County Court Rules of Practice and Procedure) (adopted July 13, 2010)

      Court Reporting Personnel and Court Record
      Neb. Ct. R. §§ 1-201 to 1-219 (Court Reporting Personnel) (adopted June 9, 2010)
      Neb. Ct. R. App. P. § 2-105 (Nebraska Court Rules of Appellate Practice) (adopted June 9, 2010)
      Neb. Ct. R. § 6-1520 (Uniform District Court Rules of Practice and Procedure) (adopted June 9, 2010)

      MCLE Limitations on Credits
      Neb. Ct. R. § 3-401.8 (Mandatory Continuing Legal Education for Lawyers)
      (adopted June 9, 2010)

      County Court Small Claims Court Jurisdictional Limits:
      Neb. Ct. R. §§ 6-1462 and Appendix 4 (Uniform County Court Rules of Practice and Procedure, Small Claims Form) (adopted June 30, 2010)

      County Court Courtroom Decorum and Weapons Limitations
      Neb. Ct. R. §§ 6-1402 and 6-1403 (Uniform County Court Rules of Practice and Procedure)
      (adopted June 9, 2010)

      County Court Uniform Waiver System
      Neb. Ct. R. § 6-1455(D) (Uniform County Court Rules of Practice and Procedure)
      (adopted June 9, 2010)

      Local Court Rules:
      Rules of the District Court of the Second Judicial District (approved June 3, 2010)
      Rules of the District Court of the Third Judicial District (approved June 23, 2010)
      Rules of the District Court of the Sixth Judicial District (approved June 3, 2010)
      Rules of the District Court of the Tenth Judicial District (approved June 30, 2010)
      Rules of the District Court of the Eleventh Judicial District (approved June 3, 2010)

      Poverty Guidelines
      No Change for 2010
      The August 3, 2010, Federal Register reports that the United States Department of Health and Human Services has issued poverty guidelines for the remainder of 2010.

      Recent legislation prohibited publication of 2010 poverty guidelines before May 31, 2010, and required that the 2009 poverty guidelines remain in effect until publication of updated guidelines. Legislation to further delay publication of the 2010 guidelines did not pass. The procedure for updating the 2010 guidelines was modified to take into account the Consumer Price Index (CPI-U) for the period for which their publication was delayed. As a result, the poverty guideline figures for the remainder of 2010 showed no change from the 2009 poverty guideline figures.

      Since the poverty guidelines did not change, there is no need to update the child support guidelines this year.

      http://aspe.hhs.gov/poverty/10fedreg.shtml

      http://aspe.hhs.gov/poverty/10poverty.shtml

      Records Retention Schedule Updates
      Schedule 18 for County Courts
      Schedule 8 for District Courts

      A link to the updated Schedules can be found on the "For the Court Community" page on the Judicial Branch Web site. Click here for a list of all retention schedules found on the the Nebraska Secretary of State's Web site.

      Record retention and disposition schedules are designed to serve as the records management directive for storing or disposing of your records (regardless of the media on which the records reside).  Please remember that your only ongoing authority to dispose of records is provided by these State Records Administrator approved schedules.  Additional instructions and contact information regarding their use can be found in the schedules under "instructions for using this schedule." 

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

       

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    CALENDAR ITEMS

      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.
      • Stenographer Transcription Reports: Due by the 10th 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.
      • Expense Vouchers: Submit on a monthly basis (rather than combining several months of expenses on one voucher).

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    MISCELLANEOUS


      Court Holiday Schedule
      For those planning fall and winter calendars, click here to view the Court Holiday schedule (2010 & 2011) online.

      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 11:39:17