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Administrative Memorandum 11-3 | March 2011

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

    SPECIAL PROJECTS & EVENTS


      Law Day Essay Contest Asks About Problem of Cyber-Bullying
      Following this year's Law-Related Education theme, "Democracy and the Digital Age of Media," the 2011 Law Day Essay Contest question addresses the problem of cyber-bullying:

      A bill introduced in the Nebraska Unicameral this year defines cyber-bullying as: "Any ongoing use of electronic mail, text messaging, social networking websites, or any other form of electronic communication on or off school grounds, with the intention of causing harm or serious emotional distress to students or school personnel."

      The First Amendment to the U.S. Constitution reads, in part: Congress shall make no law...abridging the freedom of speech...

      And Article I, Section 5 of the Nebraska Constitution reads: Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.

      QUESTION: Keeping in mind our Constitutional protections against government restricting our free speech, what should the Nebraska Legislature do about cyber-bullying?

      The question was developed by leaders of the Foundation’s PEOPLE (Public Education Outreach Promoting Law & Equity) Committee to raise awareness and provoke thought about this emerging challenge.

      Click here for more information about the Law Day Essay Contest

      Law Day Job Shadowing Kicks Off for 2011
      The ninth annual Law Day Job Shadowing for fifth graders activity has begun. Judges, court administrators, clerks, and magistrates are coordinating the activity in 11 communities across the state. These court personnel, serving as local coordinators, invite one or more classrooms of fifth graders to shadow lawyers, judges, court clerks, law enforcement officers, court reporters, interpreters…and even drug dogs…to learn more about careers in the legal field.

      Participating communities include Chappell, Kearney, Kimball, Neligh, O’Neill, Oshkosh, Pawnee City, Stanton, Wayne, Wilber, and Winnebago. Courts interested in participating in this activity on or around May 1, 2011, should contact Cindy Lilleoien for more information.

      Click here to read more about job shadowing.

      (Photo of now retired Judge Brian Silverman during 2010 Job Shadow)

      Judge John Irwin, Nebraska Court of Appeals, Named Chair of iCivics Nebraska
      Former U. S. Supreme Court Justice Sandra Day O'Connor has named Nebraska Court of Appeals Judge John Irwin as Chair for O'Connor's iCivics initiative for Nebraska.  iCivics was originally launched in 2007 by Justice O'Connor.  The project grew from her concern that students are not receiving the information and tools they need for meaningful civic participation. Justice O'Connor believes civics teachers need improved materials and support. In a non-partisan way, computer-based learning activities focus on subjects such as voting, the Constitution and Bill of Rights, separation of powers, and the roles and responsibilities of the legislative, executive, and judicial branches of the federal government.

      Click here to read more about the project.

      Mediation’s 20th Anniversary Celebration Starts with March Proclamation Signing
      Chief Justice Mike Heavican accepted a proclamation from Governor Dave Heineman declaring March as Mediation Month in Nebraska during a ceremony in the State Capitol on March 9, 2011.  The document noted that 2011 marks the 20th anniversary of the establishment of the Office of Dispute Resolution (ODR) of the State of Nebraska, created by statute in 1991 as part of the Administrative Office of the Nebraska Supreme Court.  

      The ceremony was also attended by Justice Michael McCormack, liaison to the Office of Dispute Resolution; Carl Eskridge, Dispute Resolution Advisory Council Chairman; Michael Pirtle, Dispute Resolution Advisory Council Vice Chairman; Debora Brownyard, Esq., Nebraska Supreme Court Office of Dispute Resolution (ODR) Director; mediation professionals and supporters.

      Click here to view the slideshow.

      Click here to read more about the ceremony.

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

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Updated Judicial Branch Revenue Fact Sheet 2009-2010
      The newly updated Judicial Branch Revenue Fact Sheet for 2009-2010 has been uploaded to the Internet.  The fact sheet shows court collections of filing fees that are paid to counties, to the State General Fund, and to other areas specified by statute such as Legal Services, Indigent Defense, and Law Enforcement Improvement. In all, nearly $60 million was collected in fees plus over $45 million in inheritance tax.

      Click here to view the fact sheet.

      Court Interpreter Orientation Attended by Individuals Speaking Nine Languages
      Interpreter orientation, taught by Nebraska Federally Certified Spanish Interpreters Jeck Navarette and Laura Garcia-Hein, was held March 19 - 20, 2011, at the UNL College of Law. Interpreter candidates spoke the following languages: Spanish, Swahili, Somali, French, Arabic, Q’Anjobal, Vietnamese, Burmese, and Kareni.  Candidates who passed the written English comprehension exam are eligible to take the oral exam for certification May 6 and 7, 2011.

      Fall orientation will be held in Omaha on September 10 - 11, 2011. Additional information and registration forms are available on the interpreter Web page.

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

      Douglas County District Court on JUSTICE Computer System
      March 21, 2011, marks the day that Douglas County District Court joined the rest of Nebraska counties on JUSTICE. 

      "More than a half-million documents from local cases have been made available with this change,” said John Friend, Clerk of the Douglas County District Court.  “I would encourage everyone who has business with the courts to learn more about it.”

      Click here to read full article from The Daily Record.

      Online Legal Self-Help Seminar for Librarians Eligible for JBE Credit
      On April 6, 2011, the Nebraska Library Commission’s NCompass Live program will host a one-hour education session on the Nebraska Online Legal Self-Help Center and legal research. The session will be offered 10:00 a.m. - 11:00 a.m. CDT. Janet Bancroft and Debora Brownyard from the Nebraska State Court Administrator's Office will debut the new Nebraska Online Legal Self-Help Center and other Web Resources. Richard Leiter, Director and Professor of Law at UNL’s Schmid Law Library, will join the discussion to provide 'insider' tips on legal research for the non-law librarian using online resources.

      Click here for registration information.

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

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

      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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    PEOPLE

      Upcoming Retirements
      The following judges have announced their upcoming retirements:

      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
      Lindsey Olson, Records Clerk, Lancaster County Court, effective March 3, 2011.
      Rebecca Bolger, Bailiff/Courtroom Clerk, Lancaster County Court, effective March 28, 2011.
      Carrol Mills, Records Clerk, Douglas County Court, effective March 14, 2011.

      New Probation Personnel
      Rebecca Miranda, Probation Officer, District #6, South Sioux City, effective February 18, 2011.
      Joseph Bailey, Probation Officer, District #4A, Omaha, effective March 7, 2011.
      Kathleen Kitt, Office Manager, District #3A, Lincoln, effective March 7, 2011.
      Brianna Chase, Probation Officer, District #4A, Omaha, effective March 7, 2011.
      Sherri Schipper, Probation Officer, District #2, Papillion, effective March 15, 2011.
      Damian Ullman, Probation Officer, District #4J, Omaha, effective March 18, 2011.
      Jayhoun Rezai, Probation Officer, District #4J, Omaha, effective March 18, 2011.
      Lauressa Swedberg, Case Monitor, District #11, North Platte, effective April 11, 2011
      .

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    COMMITTEES · COMMISSIONS



      Interpreter Advisory Committee
      County Court Judge Craig McDermott, Omaha, was appointed to the Interpreter Advisory Committee as of March 16, 2011, replacing retired Judge Steve Swartz. 

      Click here to view the balance of committee members. 

      Interstate Compact State Council - Nebraska
      Judge Paul Merritt, Lincoln, and Judge Ken Vampola, Fremont, have been appointed as judge members of the Interstate Compact State Council.

      Nebraska Supreme Court Implementation Committee on Pro Se Litigation
      Membership Update
      Jackie Madara-Campbell, Omaha, has been appointed to the Nebraska Supreme Court Implementation Committee on Pro Se Litigation (committee on self-represented court litigants) replacing attorney Amie Martinez, Lincoln. 

      Click here to view the full Committee.

      Nebraska Online Legal Self-Help Center Designed to be User-Friendly
      As of March 1, 2011, the Nebraska Online Legal Self-Help Web site has a new look and additional features to improve usability. The site’s updated graphics and clean layout are designed to help court users access information more quickly and easily.

      The Online Legal Self-Help Center is designed to make content and forms simpler to find and use, according to Judge Richard Sievers, Nebraska Supreme Court Pro Se Committee Chairman. “Visitors to the site will find the list of main categories at the top of the home page, which allows for the addition of sub-categories on subsequent pages,” said Sievers. He added, “We are grateful for the commitment of the committee members, court staff, and technical assistance of the folks at Nebraska.gov for their hard work in making this redesign happen.”

      Click here to read full announcement.

      Limited Scope Representation Flyers for Clients and Lawyers
      New to the resources list of Limited Scope Representation are links to information on Nebraska’s Limited Scope Representation options.  The information page may be found here.

      The introduction reads, “If you feel you can’t afford an attorney to handle your entire case, you may hire an attorney to work for you on a limited basis, which can result in reduced legal costs.  This means you and your lawyer decide on which tasks to split and ‘limit the scope’ of your lawyer’s work.  Not all lawyers in Nebraska offer limited scope representation so you will have to ask before making an appointment.”  It allows both clients and lawyers to link to information customized for their role in limited scope representation.

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

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    RULE, FORM AND POLICY CHANGES


      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.

      Uniform Standards for Court-Appointed Counsel Proposed Rule for Comment
      As an outgrowth of a study by the Nebraska Supreme Court and Nebraska Bar Association’s Minority and Justice Implementation Committee, the Nebraska Supreme Court is considering minimum standards for court-appointed counsel in criminal and juvenile cases.

      Comment on the proposed new rules and appendix in writing to the Clerk of the Supreme Court, P.O. Box 98910, Lincoln, NE 68509-8910, or via e-mail to lanet.asmussen@nebraska.gov no later than June 1, 2011.

      The full text of the proposed new rules and appendix:
      http://www.supremecourt.ne.gov/rules/amendments/ProposedCh3Art11.pdf

      A hard copy available from the Clerk upon request.

      Provisional Certification for Nebraska Court Interpreters
      On March 16, 2011, the Nebraska Supreme Court adopted amendments to the Court Interpreter Rules including a new category of interpreters called Provisionally Certified.  This rule will allow us to determine the best qualified interpreters in languages for which oral exams are not available.  Those interpreters will be listed on the Supreme Court Interpreter Web page to make them more available to Nebraska courts and Probation Offices.  For questions regarding interpreters for languages of lesser diffusion (Nuer, Somali, Dinka, etc.), contact Sheryl Connolly,
      Trial Court Services Director, 402-471-2671, sheryl.connolly@nebraska.gov.

      Other Rule Amendments (made within the last 90 days)
      Acceptable Use Policy for Computer and Internet Use
      (approved March 10, 2011)

      Neb. Ct. R. § 3-309(A) (Discipline Procedures for Lawyers)
      (adopted March 16, 2011)

      Rules of the District Court of the 3rd Judicial Disrict
      (approved March 23, 2011)

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    CALENDAR ITEMS

    2011
    (holidays in red)

    April 7
    Supreme Court Oral Arguments, Omaha, Creighton University School of Law
    April 12
    Bar Swearing-In Ceremony
    April 29
    Arbor Day
    May 1
    5th Grade Job Shadow Program begins, statewide
    May 2

    Awards luncheon for Law Day Essay Contest, Lincoln

    May 11

    Drug Court Month Proclamation Ceremony, State Capitol, East Chamber, 10:30 a.m.

    May 8 - June 19

    National Reunification Day, events to be scheduled/celebrated from Mother’s Day (May 8) through Father’s Day (June 19) across the state

    May 30

    Memorial Day

    June 4
    Omaha Reunification Day
    June 9

    Chief Justice Leadership Meeting (Judge Associations), Lincoln, with National Center for State Courts

    July 4
    Independence Day
    September 5
    Labor Day
    September 13
    Bar Swearing-In Ceremony
    September 17

    U.S. Constitution Day, Law-Related Education Event, Lincoln

    October 10
    Columbus Day
    October 19 - 21

    Judges' Fall Meeting and Awards Dinner, Lincoln, Cornhusker Hotel

    November 11
    Veterans Day
    November 19

    National Adoption Saturday, statewide

    November 24 - 25
    Thanksgiving and Friday following
    December 26
    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


      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 11:30:09