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Administrative Memorandum 11-10 | October 2011

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


      2011 Distinguished Judge Awards
      On October 20, 2011, the Chief Justice presented the Annual Distinguished Judge Awards.

      Distinguished Judge for Service to the Community
      Hon. Susan Bazis, Douglas County Court, 4th Judicial District, (pictured at right) for her leadership in Nebraska’s recent comprehensive review of the statutes, court rules and procedures involved in guardianship and conservatorship proceedings across the state.

      In the summer of 2010, Judge Susan Bazis, along with Judges Todd Hutton and Curtis Evans, were called upon by the Chief Justice to study concerns with Guardian/Conservator issues.  Judge Bazis excelled at the challenge and succeeded in not only undertaking an accounting of the existing processes, but also served on a committee of judges, senators and attorneys in developing new procedures that would serve to bolster the integrity of the justice system and protect the interests of vulnerable citizens within Nebraska communities.

      Judge Susan Bazis is also commended for her recent active participation in the design, development and implementation of the JUSTICE Virtual Sign Desk where she helped develop a computer application that automated six of the county court’s high-volume civil processes.  This resulted in the development of standard statewide forms and created time savings for both judges and court staff.

      Distinguished Judge for Improvement of the Judicial System
      Judges of the Nebraska Court of Appeals, both past and present, on the occasion of the 20th Anniversary of the Court.

      In 1990, the Nebraska Legislature proposed a constitutional amendment to create an intermediate Court of Appeals. In November 1990, the voters of the State of Nebraska approved the amendment, and the Court of Appeals was established on September 6, 1991.

      There have been 12 Court of Appeals judges in the 20-year history of the court. The original judges (pictured at right) include John F. Wright, William M. Connolly, and Lindsey Miller-Lerman who have since moved to the Nebraska Supreme Court; John F. Irwin and Richard D. Sievers, who remain on the Court; and Judge Edward E. Hannon, who retired from the bench.

      Judges later appointed to the Court of Appeals include: Wesley C. Mues and Theodore L. Carlson, each of whom died during his term as judge; and William B. Cassel, Everett O. Inbody, Frankie J. Moore, and Michael W. Pirtle who currently serve on the Court of Appeals.

      Press Release Link for Distinguished Service Awards

      Individual Accomplishments of Exemplary Award Winners Outlined on Web Site
      The accomplishments of each of the Nebraska court employees who received exemplary service awards last month are online here. To view photos of the ceremony, click here.

      2011 exemplary employees include:

      • Employee of the Year: Linda Mitchell, Assistant Clerk I, Antelope County Court, Neligh.

      • Outstanding Probation Office Support Staff (Jean Miller Memorial Award), Connie Beall, Drug Technician, District 3A Probation, Lincoln.

      • Outstanding Trial or Appellate Court Employee: Patricia Laukaitis, Official Court Reporter, Lancaster County, Lincoln.

      • Outstanding Probation Officer: Bob Blanchard, Coordinator, Problem-Solving Court, District 4A Probation, Omaha.

      • Outstanding Court Supervisor/Administrative Employee: Patricia Veburg, Division Manager, Hall County Court, Grand Island.

      • Outstanding Probation Supervisor: Julie Micek, Coordinator, Reporting Center, District 2 Probation, Nebraska City.

      • Outstanding Customer Service Award: Phyllis Gaspers, Records Clerk, Madison County Court, Madison.

      • Innovation Award: Pat Hoffman, Administrative Assistant, Nebraska Court of Appeals, Lincoln.

      • Outstanding Team Award: Procedures Manual Committee:

        • Sheryl Connolly, Director of Trial Court Services, AOC, Lincoln
        • Paula Crouse, Business Analyst, JUSTICE, Springview
        • Tammie Duensing, Clerk Magistrate, Jefferson County Court, Fairbury
        • Ellen Faltys, Clerk Magistrate, Colfax County Court, Schuyler
        • Donna Fink, Clerk Magistrate, Thayer County Court, Hebron
        • Gretchen Wiebe, Business Analyst, JUSTICE, McCook

      Courts Participate in Library Open Houses
      To date, three judges have participated in local library Open Houses to recognize the installation of new equipment through the Nebraska Library Commission’s federal Broadband Access grant.  The Administrative Office of the Courts and Probation is a partner in the project, supporting local libraries in their connection with the community through public awareness.  Judges Donna Taylor, Mike Offner, and Robert Ensz (pictured at right) made presentations in each of their respective communities regarding the opportunities available to the public through the Judicial Branch Web site.    

      Click on links to view photos of Library Open Houses:

      Judge Robert Ensz and the Wayne Public Library

      Judge Mike Offner and the Red Cloud Public Library

      Judge Donna Taylor and the Neligh Public Library

      Nebraska Adoption Day 2011
      Adoption Day has expanded once again.  Two new communities/courts have joined the celebrations this year --   Fremont/Dakota City and North Platte.

      Thus far, Nebraska has the following communities/courts participating:

      November 18, 2011:

      • Grand Island – Adoptions and celebration including prior adoptive families

      November 19, 2011:

      • Hastings  – Adoptions and celebration including prior adoptive families
      • Kearney – Celebration with prior adoptions
      • Lincoln – Adoptions and celebration
      • Norfolk – Celebration with prior adoptions
      • Omaha – Adoptions and celebration
      • Fremont/Dakota City – Celebration with prior adoptions
      • North Platte – Celebration with prior adoptions

      December 3, 2011:

      For more information on Adoption Day, click here.

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Judicial Branch Education
      JUSTICE Training

      Dates for 2012 JUSTICE training for county and district court have been set.  Court staff can see all training dates set for 2012 on the “Calendar of Live Education” events on the JBE online registration website or from the link on this webpage: http://www.supremecourt.ne.gov/jbe/jbe-ed-programs.shtml.

      There is a minimum of three attendees and a maximum of six attendees at each session.  Training will not be scheduled if there are less than three registered for a session. Online registration will close two weeks prior to the training.   

      County Court
      January 23 - 27, 2012, Lincoln – Registration Deadline is January 19, 2012.
      February 27 - March 2, 2012, North Platte – Registration Deadline is February 13, 2012.

      District Court
      January 10 - 12, 2012, Lincoln – registration deadline is December 27, 2011.
      February 7 - 9, 2012, North Platte – registration deadline is January 24, 2012.

      Click here to view upcoming education opportunities (click on "calendar" located next to 'search for courses').

      Contact Alicia at JBE if you have trouble using the online registration Web site or any other questions.

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

      Contact Alicia Guerra, Administrative Assistant, 402-471-0275, alicia.guerra@nebraska.gov.

      Multi-Court Case Calendar Search Now Available for Android
      The Nebraska Trial Courts hearing calendar search is now available as a free download for Android phones from the Android Market. This mobile application was previously developed for the iPhone and iPad and is also still available for download from iTunes at no charge (click here).

      The Nebraska Court Calendar App gives users the ability to search most district and all county court hearing schedules to find day, time, and location information. Searches can be done by either name or date, and previous search results can be reviewed using a history option. Hearing schedules are pulled in real-time from the court database, providing users with the most accurate information available. Users can save frequently-used search criteria for faster results. Note: Not all district courts are participating.

      Click here to read the full release.

      Law Librarians and Court Staff Participate in Public Librarian Education
      Over 70 librarians attended an October Nebraska Library Association Conference in Lincoln where court staff and lawyers presented materials on dealing with public questions relating to the legal arena. 

      Sandra Placzek, Professor of Law and Associate Director of the Schmid Law Library, and State Librarian Marie Wiechman, Nebraska Supreme Court, answered questions on the unauthorized practice of law.  Debora Brownyard, J.D., Dispute Resolution and Special Projects Director, moderated the session. Supreme Court Public Information Officer Janet Bancroft presented resources available through the Nebraska Judicial Branch Self-Help link.

      During the session, librarians from across Nebraska discussed concerns that more individual​s want to “DIY”(do it yourself) when they have legal problems. Rather than going to an attorney, self-represented litigants approach public libraries for legal information and legal advice.

      Specific instruction on the role and boundaries of the reference librarian in working with self-represented litigants was presented by law librarians.

      Click here to view photos of the librarian training.

      Photo:  Wiechman, Bancroft, Placzek, Brownyard at Library Association Conference

      Trial Court Services
      Conversion of Scanned Images to Microfilm
      The Administrative Office of the Courts is pleased to announce a fee-for-service to convert scanned court images directly from JUSTICE to microfilm is now available.  The service is a result of a cooperative effort between the JUSTICE, the Records Management Office of the Secretary of State, and Microfilm Imaging Systems.  The service will eliminate the need to handle paper documents and the price is competitive with current paper-to-microfilm services.   Please contact Margaret Bohy, Document Imaging Service Center Manager, Secretary of State, Records Management, 402-471-9778, margaret.bohy@nebraska.gov for more information.   

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    HUMAN RESOURCES


      MEMORANDUM from State Benefits Division:
      As you know, the State of Nebraska has partnered with the Aon Hewitt Dependent Verification Center to conduct a review of all the dependents who are enrolled in the State of Nebraska’s benefit plans (medical, dental and vision).  (If you are not covering a dependent on one of the state’s benefit plans, this review does not apply to you.)

      Individuals who are covering a dependent on one or more of the state’s benefit plans, should have received a letter from Aon Hewitt requesting documentation to verify your dependents.  You can submit documentation one of three ways:

      • Secure Fax:  1-877-965-9555

      IF YOU ARE USING A FAX MACHINE THAT REQUIRES A NUMBER TO BE DIALED IN ORDER TO GET AN OUTSIDE LINE, IT IS NECESSARY TO DIAL THAT NUMBER PRIOR TO DIALING 1-877-965-5555.  (For example, fax machines in the state capitol require dialing a 9 in order to get an outside line, therefore you would need to dial 9-1-877-965-9555.  Please ensure that the fax was sent successfully by obtaining the fax confirmation report. )

      • Mail:     Dependent Verification Center

        100 Half Day Road
        PO Box 1414
        Lincolnshire, IL 60069

      All required verification documents must be received by the Dependent Verification Center by November 23, 2011.  You can view your dependent audit status, obtain documents and access helpful information at https://www.yourdependentverification.com/plan-smart-info

      Failure to respond will result in your dependents being dropped from coverage effective June 30, 2011, including those that may meet eligibility requirements but were not verified.  In addition, not complying may be viewed as fraudulent activity which could result in disciplinary action up to and including termination of employment. 

      If you have any questions or concerns, please call Aon Hewitt at 1-888-236-4121.

      Thank you for the time and effort you put forth to comply with this process.  

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    PEOPLE

      Justice John Gerrard Presented with JBE Award of Appreciation
      Judicial Branch Education Chairman Judge John Irwin presented Justice John Gerrard with the JBE Award of Appreciation during a judge’s luncheon on October 19, 2011.  Irwin remarked that since Gerrard’s appointment in 1995, Gerrard has been devoted to improving the law and the judicial system, including education for all court and probation employees. With his leadership, the education of judges and all judicial branch employees has been taken to a new level. Now, consistent with his vision, the Judicial Branch Education Committee delivers education to the entire judicial system. The committee has thrived and accomplished many of its goals over the last decade due, in large part, to the boundless energy and intellect of Justice Gerrard.

      Photo: Judicial Branch Education Award recipient, Justice John Gerrard (center) with (left to right) Chief Justice Mike Heavican, County Judge Education Committee member Judge Alan Brodbeck, former District Judge Education Committee member Judge John Icenogle and JBE Director Carole McMahon-Boies.  

      20th Anniversary of the Dispute Resolution Act
      Justice Michael McCormack was presented with an award of appreciation for his service as liaison to the Dispute Resolution Advisory Council on the occasion of the 20th anniversary of dispute resolution in Nebraska.  The 20th anniversary commemorates the creation of the Office of Dispute Resolution (ODR) in 1991 within the court system.  During the month of August the Chief Justice recognized the many contributions of mediation and alternative dispute resolution in communities hosting regional mediation centers. Centers are located in Fremont, Kearney, Omaha, Lincoln, Beatrice and Scottsbluff.

      Photo: Judge Mike Pirtle (right), Nebraska Court of Appeals and an ODR Advisory Council member presents Justice Michael McCormack with 20-year anniversary award.

      Judges and Supreme Court Staff inducted into the Nebraska State Bar Foundation
      Each year notable attorneys are nominated from across the state to join the Nebraska State Bar Foundation. This selection is based upon their dedication to improving the administration of justice in Nebraska, their leadership in the legal profession, their civic service, their integrity, and their Foundation support. The Bar Foundation is a charitable and educational organization that serves the public by funding its numerous Law-Related Education (LRE) programs.

      These programs include the Nebraska High School Mock Trial Program, Law Day Essay Contest, Law Day Job
      Shadowing, Teen Parents and the Law, We the People: The Citizen & the Constitution, Reaching the Age of Majority booklet, and Constitution Day.  The State Bar Foundation hosts the PEOPLE Committee designed for education outreach to the adult community through education of journalists, jurors, and the general public.  The committee is equally balanced with members from both the bench and the bar.

      Nebraska State Bar Foundation 2011 Fellows from the Court Community
      Robin W. Hadfield, Career Law Clerk, Supreme Court
      Hon. Marcela A. Keim, County Judge, 4th Judicial District
      Hon. Christopher E. Kelly, Separate Juvenile Court Judge, Douglas County
      Hon. Michael L. Offner, County Judge, 10th Judicial District
      Hon. Anne M. Paine, County Judge, 11th Judicial District
      Hon. Derek C. Weimer, District Judge, 12th Judicial District

      New Judges
      Click on the judge's name to view their Judicial Profile.

      Andrew R. Jacobsen, District Court , 3rd Judicial District, Lincoln, signed oath October 27, 2011.
      Stephanie F. Stacy, District
      Court , 3rd Judicial District, Lincoln.
      Richard A. Birch, District Court, 11th Judicial District, North Platte.

      New Court Personnel
      Maria Maravilla, Records Clerk, Dawson County, effective October 11, 2011.
      Tyler Grooms, Records Clerk, Lancaster County, effective October 17, 2011.
      Tammy Snyder, Records Clerk, Lancaster County, October 17, 2011.

      New Probation Personnel
      Aimee Rehmeier, Probation Officer, District #4J, Omaha Juvenile, effective November 1, 2011.
      Lorain Ford, Treatment Probation Officer, District #4A, Omaha Adult, November 4, 2011.
      Jason Borgelt, Probation Officer, District #2, Papillion, effective November 7, 2011.

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    COMMITTEES · COMMISSIONS



      Annual Meeting of the Judicial Resources Commission
      The Judicial Resources Commission will hold its annual meeting Monday, December 12, 2011, at 9:30 a.m., central time.  The Commission will determine whether:

      (1) a new judgeship is appropriate in any judicial district or a reduction in judgeships is appropriate in any judicial district; or, (2) the judicial district boundaries or the number of judicial districts should be changed for the district or county courts. The Commission shall also examine current caseload statistics and make any appropriate recommendations for the more balanced use of existing judicial resources.
       
      The Commission will also determine whether a judicial vacancy exists in the office of county judge of the 5th Judicial District due to the retirement of Judge Marvin V. Miller, effective June 1, 2011. If it is determined that a judicial vacancy does not exist in the office of county judge of the 5th Judicial District, the Commission will then determine whether to recommend to the Legislature that this county judgeship be moved to the 3rd Judicial District.
       
      The hearing will be held via video conferencing from the State Capitol Building, Room 1507, Lincoln, Nebraska, and will include participation from the following sites:

      (1) State Office Building, Room 207, 2nd Floor, 1313 Farnam Street, in Omaha, Nebraska;
      (2) Hastings Public Library, 2nd Floor, 517 W. 4th Street, in Hastings, Nebraska; and
      (3) North Platte Vocational Rehabilitation Office, 200 S. Silber, Building 2, in North Platte, Nebraska.

      Any member of the public is entitled to attend the Nebraska Judicial Resources Commission hearing in Room 1507 of the State Capitol, Lincoln, Nebraska, and present, either orally or in writing, any pertinent information concerning the existence of a judicial vacancy.

      Following the hearing, the Commission will make a recommendation to the Legislature of its determination.
       
      Commission members are:

      Supreme Court Justice Michael McCormack, Chairperson; Riko E. Bishop, Lincoln; Richard Carter, Bellevue; Mike Day, Omaha; Thomas F. Hoarty, Omaha; Jayne Mann, Aurora; Wayne J. Mark, Omaha; Steven F. Mattoon, Sidney;
      Patrick R. McDermott, Schuyler; Robert B. O'Neal, Papillion; Robert J. Parker, Hastings; Brian Phares, North Platte; John E. Samson, Blair; Lori Scherer, Beemer; Amy Schlichting, Lincoln; Mark M. Sipple, Columbus; and Darlene Starman, Lincoln.

      Judges’ Associations Elect New Officers
      District Judges’ Association 
      President: W. Mark Ashford
      President-Elect: Teresa K. Luther
      Secretary/Treasurer: Steven D. Burns
      Executive Committee: Robert B. Ensz, Donald E. Rowlands, William B. Zastera

      Click here for full listing.

      County Judges’ Association
      President:  James M. Worden
      Vice-President: Susan Bazis
      Secretary: Laurie Yardley
      Treasurer: Linda S. Caster Senff
      Executive Committee: Kurt T. Rager, James J. Orr, Graten D. Beavers

      Click here for full listing.

      Separate Juvenile Judges’ Association
      Vernon Daniels

      Click here for full listing.

      Committee/Commission Reappointments 2011
      Dispute Resolution Advisory Council

      • Kristen Blankley, Lincoln, to replace Alan Frank whose term expires December 31, 2011.
      • Chris Hanus, Lincoln, to replace Mike Baumfalk whose term expires December 31, 2011.
      • Riko Bishop, Lincoln, to replace Carl Eskridge whose term expires December 31, 2011.
      • Rae Ann Schmitz, Scottsbluff, as an ex officio member to replace Casey Karges whose term expires December 31, 2011.
      • Gale Jungemann-Shultz, Beatrice, as an ex officio member to fill the unexpired term of Judy Pingel.
      • Lorin Galvin, Omaha, to serve as an ex officio member.
      • Judge Mike Offner, County Court Judge, 10th Judicial District, reappointed to Council.
      • Carrie Sheldon, Grand Island, reappointed to Council.

       Mandatory Continuing Legal Education Commission

      • Carol Knoepfler, Omaha, reappointed as District 2 representative .
      • Glenda Pierce, Lincoln, District 1 representative, appointed to replace James Rembolt whose term expires December 31, 2011.

      Commission on the Unauthorized Practice of Law

      • Douglas Peterson, Lincoln, District 1 representative, appointed to replace Leslie Ann Campbell-Levy whose term expires October 31, 2011.
      • John Wightman, Omaha, reappointed District 2 representative.
      • Dean Moors, Hastings, reappointed as a lay member.

      Judicial Ethics Committee

      • Judge Larry Gendler appointed to serve as Chair.
      • Judge Bill Cassel appointed to serve as Vice Chair.
      • Judge Vicky Johnson, District Court Judge, 1st Judicial District, appointed to replace Judge Robert Ensz whose term expires December 31, 2011.

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    RULE, FORM AND POLICY CHANGES


      Judgment Interest Rate
      Effective October 20, 2011, the Judgment Interest Rate is 2.061%.

      Forms Added to Seal a Juvenile Court Record
      The Pro Se Committee recently added juvenile record sealing forms to the “Self-Help Center” Web site.  The forms may be used by a parent/guardian or by the person wanting to seal a record if the record is not sealed through the Court’s automatic process.  The page contains a link to the prosecutor’s notification to juveniles: Having a Juvenile Record Sealed.

      Click here to view the Self-Help Center site.

      Photo: Judge Richard Sievers (right) chairman of the Pro Se Committee with Judges Mike Offner and Teresa Luther of the forms committee.

      Rules for Comment
      Unauthorized Practice of Law
      The Nebraska Commission on the Unauthorized Practice of Law has submitted to the Nebraska Supreme Court proposed amendments to Neb. Ct. R. § 3-1004(C)(2) and (3) to further clarify conditions under which a nonlawyer may represent others in an administrative proceeding.

      Click here to read the full text of the proposed rule.

      Comment to: lanet.asmussen@nebraska.gov, no later than December 1, 2011.

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    CALENDAR ITEMS

      2011 (holidays in red)

       
      November 11 Veteran's Day
      November 19 National Adoption Saturday, statewide
      November 24 - 25 Thanksgiving and Friday following
      December 26 Christmas
         

      2012 (holidays in red)

       
      January 2 New Year's Day
      January 16 Martin Luther King, Jr. Day
      February 20 Presidents' Day
      April 27 Arbor Day
      May 28 Memorial Day
      July 4 Independence Day
      September 3 Labor Day
      October 8 Columbus Day
      November 12 Veterans Day
      November 22 - 23 Thanksgiving and Friday following
      December 25 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.
      • Expense Vouchers: Submit on a monthly basis (rather than combining several months of expenses on one voucher).

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    MISCELLANEOUS


      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 Thursday November 03, 2011 09:00:32