Chief Justice Testifies
Chief Justice Heavican gave a customized presentation to the Legislature’s Health and Human Services Committee, chaired by Senator Kathy Campbell, on February 11, 2011.  Heavican outlined the programs designed to benefit Nebraska’s children through Probation, Mediation, Drug Courts and the Through the Eyes of the Child Initiative.  He also highlighted project Safe Start – Nebraska, a new grant-funded project in Douglas and Lancaster County Family Treatment Drug Courts (for substance-abusing parents in child welfare cases), and a new in-depth technical assistance project with the National Center on Substance Abuse and Child Welfare to create a uniform protocol for substance-abusing parents entering the child welfare system.

Legislative Bill Tracking
March 1, 2011, is the 37th day of a 90-day legislative session.  There has been a great deal of activity on the legislative floor and in committees, but few bills have been signed by the Governor.  Once signed, new laws are projected to take effect September 9, 2011, unless they have the emergency clause or are signed with a specific effective date. 

Bills of interest to the Judicial Branch that have been signed into law thus far include:

LB157 - Guardian/Conservator bill (Article from the Lincoln Journal Star).

LB19 - K2 Ban which was signed with the emergency clause (Article from the Lincoln Journal Star).

LB 302 - designed to give time to the Court to study methods of restructuring the system has been bracketed until June 5, 2011, (meaning the Legislature will delay consideration of the bill).  

LB 451 - addresses some elements proposed by the Supreme Court Re-engineering Study with the National Center for State Courts was heard by the Judiciary Committee on February 11, 2011, and remains in committee at this time (Article from the Lincoln Journal Star).

The Supreme Court is scheduled to testify before the Appropriations Committee March 8, 2011.

Still under consideration are many bills that would impact the courts and probation including the sealing of records; review of adoption case files by state wards; changes to DUI sentencing laws, along with new and increased penalties; and duties that impact the computer system and caseloads.

For a complete list of bills, you may contact Janet Bancroft.

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

Additional Information on the Guardian/Conservator Bill
LB157, the guardianship bill, was passed by the Legislature on February 16, 2011, and approved by Governor Heineman on February 22, 2011. New provisions in the law include: filing of letters by the guardian or conservator with register of deeds in counties where the ward has property; mediation of contested guardianship and conservatorship proceedings; new definitions of “interested person” for purposes of guardianship and conservatorship; provisions for the filing of application and affidavits by an interested person to request the court to consider issuance of ex parte orders to address the ward’s safety, health, or financial welfare; the requirement, with exceptions, for nominated guardians or conservators to obtain a national criminal history record check through a process approved by the State Court Administrator, unless waived by the court; restricting out-of-state placement of a ward unless the court gives permission to the guardian or conservator; provisions for the filing and timeline for filing of ward’s inventory and annual reports by a guardian in a situation where no conservator is appointed; revised bond requirements for estates of more than ten thousand dollars; and provisions shortening the timeframe from 90 to 30 days after appointment, for the filing of inventories by the conservator, as well as annual updated inventories required along with annual accountings.  

Also incorporated in LB157 and thus enacted into law is the Nebraska Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which applies to proceedings begun on or after January 1, 2012, with certain sections (5-10 and 20-27 of the Act) applying to proceedings begun prior to January 1, 2012. Other than the timing of these provisions, this Act becomes operative on January 1, 2012.

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Hall County Court Celebration
The civil team from Hall County Court hosted a celebration luncheon for state court administrative staff and judges on February 18, 2011, to celebrate the elimination of their filing backlog.  The change is credited to the hard work of civil division staff and their effective use of technology.

Paper files once stacked on every available surface, wall-to-wall, and ceiling-to-floor throughout the office are no longer taking up space.  With the skilled assistance of part-time records clerk Alejandra Moreno, the office has become a model of court filing efficiency.  

Trial Court Services Director Sheryl Connolly said, “This is remarkable. I remember visiting the court in October 2009 and there were piles of loose documents waiting to be filed on every flat surface and staff was having real trouble keeping up with their huge civil caseload.”

In 2009, the Hall County Civil Division had three full-time staff and one part-time employee to handle 6,055 new civil cases and 225 small claims cases.  In 2010, the same number of staff people handled 6,724 new civil cases and 159 small claims filings along with 9,914 garnishments and 434 executions while eliminating the backlog from years past.  Staff of Hall County Court is quick to thank Nance County Court for their assistance with remote data entry during 2010, which is no longer necessary.

The court now maintains all of 2011 new civil files electronically and has gone paperless. 

The civil team from Hall County Court includes (from left) Tia Pazarena, Denise Stimeling, Pat Veburg, Hall County Clerk Magistrate Reynalda Carpenter, and (not pictured) Alejandra Moreno.

Click here to view Celebration Photos.

Mediation Month - March
The “Mediation Month” proclamation ceremony with Governor Heineman will take place Wednesday, March 9, 2011, at 1:30 p.m.  This year marks the 20th anniversary for the Office of Dispute Resolution and the mediation centers.

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

Court Interpreter Orientation
Interpreter Orientation is scheduled for March 19-20, 2011, at the UNL College of Law.  Registration forms are available on the interpreter Web page: http://www.supremecourt.ne.gov/interpreters/iac-events.shtml. Fall Orientation will be held in Omaha, with dates to be arranged. 

Interpreters for difficult-to-find languages will be recruited for orientation and encouraged to work toward certification.  Please let Sheryl Connolly know of any language need that you may have, or any interpreter you may know whom you believe would be a good candidate for certification, and whom you would recommend for use by other courts.  Oral Exams for certifying interpreters will be held in May.

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

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2010 County Court Caseload Per Full-Time Employee Report
Click here to view the 2010 County Court Caseload Per Full-Time Employee Report.

2010 Weighted Caseload Reports Online
Click here to view the 2010 Weighted Caseload Reports and Judicial Resources Needs (January 1, 2010 - December 31, 2010). 

Judicial Branch Education
Click here to view upcoming education opportunities.

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.

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Upcoming Retirements
The following judges have announced their upcoming retirements:

Hon. Stephen M. Swartz, County Court, 4th Judicial District, February 28, 2011
Hon. Patricia A. Lamberty, District Court, 4th Judicial District, March 1, 2011
Hon. Jeffre Cheuvront, District Court, 3rd Judicial District, July 31, 2011.
Hon. John P. Murphy, District Court, 11th Judicial District, August 1, 2011

New Court Personnel
Stephanie Smith, Cashier, Douglas County, effective February 1, 2011.
Jackie Gray, Cashier, Douglas County, effective February 1, 2011.

New Probation Personnel
Nicole Buschmeyer, Probation Officer, District 6, Blair, effective February 7, 2011.
Emily Kirschenmann, Probation Officer, District 6, Fremont, effective February 14, 2011.
Tiffany Stallbaum, Probation Officer, District 6, South Sioux City, effective February 16, 2011.
Doug Stanton, Problem-solving Court Coordinator, District 8, O’Neill, effective February 22, 2011.
John McCarty, Probation Officer, District 3A, Lincoln, effective March 1, 2011.
Julie Smith, Probation Officer, District 5, Seward, effective March 1, 2011.
Tyler Roxbury, Assistant Probation Officer, District 3A, Lincoln, effective March 7, 2011.
Trista Boyle, Probation Officer, District 6, South Sioux City, effective March 7, 2011.

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Judicial Ethics Committee Issues Opinion
The Judicial Ethics Committee has issued Opinion 11-1 in response to the following question:

"If a retired county judge appears as a practicing attorney before a judge with whom he formerly served in the same county, must the judge be disqualified or required to recuse?"

Click here to read the opinion.

Judicial Qualification Commission Annual Report
The Judicial Qualification Commission has released its 2010 Annual Report found on the Judicial Branch Web site at: http://supremecourt.ne.gov/community/adminreports/jqc-annual-reports.shtml

Judicial Resources Commission Hearing
The Judicial Resources Commission will hold a public hearing Tuesday, March 8, 2011, at 9:00 a.m. CST to review the following retirements: 

1) 4th Judicial District, County Court, Judge Thomas G. McQuade, January 1, 2011.
2) 4th Judicial District, District Court, Judge Gerald E. Moran, January 1, 2011.
3) 6th Judicial District, District Court, Judge William L. Binkard, January 3, 2011.
4) 10th Judicial District, County Court, Judge Jack R. Ott, January 5, 2011.
5) 12th Judicial District, District Court, Judge Brian C. Silverman, December 31, 2010.

The hearing will be held via video conferencing from the State Capitol Building.  Click here to read the full press release.

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

• address racial disparities in both the juvenile and adult justice systems
• ensure equal access to justice
• increase the diversity of Nebraska’s judicial workforces and legal profession
  

Click here to read the full 2010 Progress Report online.

Minority Justice Committee to Re-Assess Bar Members’ Perceptions of Fairness
In 2002, the Nebraska Minority Justice Committee surveyed all Nebraska judges and bar members as part of their effort to examine issues of racial and ethnic fairness in the courts.  In late February 2011, the Committee re-administered a condensed version of the survey to examine the extent to which attitudes and perceptions have changed since 2002. The survey was sent electronically to each judge and bar member on February 24, 2011, with a request for completion by March 11, 2011.

To request a paper version of the survey, contact Liz Neeley. All answers are treated confidentially and only the research staff will see the raw data.

Contact Liz Neeley, Project Director, 402-475-7091, lneeley@nebar.com.

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Judicial Financial Interest Statements
Judicial Financial Interest Statements (JFIS) for the period ending December 31, 2010, must be filed no later than May 1, 2011.

Please remember you are reporting financial information for the year 2010; thus, you will need to complete the JFIS found in the 1992 Nebraska Code of Judicial Conduct, Neb. Code of Judicial Conduct, §§ 5-201 to 5-205. The “new” JFIS in the Nebraska Revised Code of Judicial Conduct, which becomes effective on January 1, 2011, should NOT be used for 2010 reporting.

Those required to complete the form are all judges, full-time clerk magistrates, and child support referees.

• Judicial Financial Interest Statement
• Instructions

Proposed Supreme Court Rules for Comment
Nebraska Child Support Guidelines and Commission 2010 Report
Proposed amendments to the Nebraska Child Support Guidelines based on a report from the Nebraska Child Support Advisory Commission are now open for comment.

A copy of the proposed amendments and a PDF copy of the Report of the 2010 Nebraska Child Support Advisory Commission are available at: http://www.supremecourt.ne.gov/rules/index.shtml .

Anyone desiring to comment on the pro­posed amendments should do so in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, Nebraska 68509-8910, or via e-mail to lanet.asmussen@nebraska.gov, no later than March 31, 2011.

Rule Amendments (made within the last 90 days)
Neb. Ct. R. § 3-401.5(Mandatory Continuing Legal Education for Lawyers)  Added: (F) Attorneys who have reached the year in which their 70th birthday occurs.  (adopted January 12, 2011)

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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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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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