Chief Justice Visits Nebraska Communities in August to Celebrate 20th Anniversary of the Nebraska Dispute Resolution Act, Visit Probation Day Reporting Centers and Observe Drug Court

Chief Justice Mike Heavican and key staff members of the Administrative Office of the Courts and Probation traveled to several Nebraska communities in August to celebrate the 20th anniversary of the Nebraska Dispute Resolution Act. Each of the Supreme Court-approved mediation centers received a commemorative plaque from the Chief Justice honoring the anniversary. During the afternoon of each visit, the Chief Justice and staff traveled to the Probation day-reporting center, drug court and/or the courthouse to complete the day.

This 20th anniversary commemorates the 1991 creation of the Office of Dispute Resolution (ODR) within the judicial system and celebrates the many contributions of mediation and alternative dispute resolution in Nebraska. Centers are located in Fremont, Kearney, Omaha, Lincoln, Beatrice, and Scottsbluff.

FREMONT (featured at right, top photo)
Photos: Slideshow
News Reports: Fremont Tribune

KEARNEY
Photos: Slideshow
News Reports: NTV

OMAHA
Photos: Slideshow

LINCOLN
Photos: Slideshow

BEATRICE
Photos: Slideshow
News Reports: Beatrice Daily Sun

*SCOTTSBLUFF (featured at right, bottom photo)
Photos: Slideshow
News Reports: Scottsbluff Star-Herald

*The Chief Justice was unable to attend the Scottsbluff event due to scheduling issues. Office of Dispute Resolution Director Debora Brownyard and Judge Randall Lippstreu presented the award on behalf of the Chief Justice.

Administrative office staff participating in celebratory visits included: State Court Administrator Janice Walker; Debora Brownyard, Director of Office of Dispute Resolution; Sheryl Connolly, Director of Trial Court Services; Steve Rowoldt, Deputy Probation Administrator; Deb Minardi, Deputy Probation Administrator; Scott Carlson, Statewide Coordinator for Problem-Solving Courts; and, Janet Bancroft, Public Information Officer.

Pirtle Joins Court of Appeals Bench
Judge Michael W. Pirtle, the twelfth judge to serve on the Nebraska Court of Appeals, was sworn in August 10, 2011. This year marks the 20th anniversary of the Nebraska State Court of Appeals, established in 1991.  Click here to play a picture slideshow from the event.

Lincoln lawyer Timothy Engler served as host of the ceremony and Bishop David de Freese gave the invocation. Judge Pirtle’s wife, Kim, held the family Bible as Justice Michael McCormack administered the oath of office, after Chief Judge of the Court of Appeals, Rett Inbody presented the certificate of appointment.  Daughters Callie Knoll, Kaela Knoll, Jackie Pirtle, and Stacey Pirtle assisted in the robing portion of the ceremony. Speakers included Chief Justice Heavican, Judge Pirtle’s good friend Harry Hall, and his brother, Larry Pirtle.

Judge Michael W. Pirtle was appointed to the Nebraska Court of Appeals to replace Judge Theodore L. Carlson who passed away April 16, 2011. 

New Attorney Portal Linked to Judicial Branch Web Page
Nebraska.gov has created a specialized attorney Web page to link Nebraska lawyers to state online services.  The page is hosted on Nebraska.gov and linked from the Judicial Branch Web site through the top horizontal bar under "Attorney eServices"   View the page directly: http://www.nebraska.gov/attorney/.

Click here to read the full press release.

Seeking Nominations for Distinguished Judge Awards
The deadline for nominations for Nebraska’s Distinguished Judge Awards is rapidly approaching: September 9, 2011.

• Distinguished Judge for Improvement of the Judicial System, recognizes projects or activities that have a positive impact on the administration of justice and benefit present and future users of the Nebraska court system. 
  • Improvement of the Judicial System Nomination Form
    
    
• Distinguished Judge for Service to the Community, recognizes activities that address public and community needs.
  • Improvement of Community Relations Nomination Form

Please take a moment to nominate one of Nebraska’s many outstanding judges for this recognition.

Click here for a summary of past award winners.

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

Regional Conferences scheduled for Through the Eyes of the Child Initiative
2011 Regional Conferences are scheduled for the Through the Eyes of the Child Initiative in four communities across Nebraska.  Click on each of the locations below to read media alert.

Sidney: at the Cheyenne County Community Center on September 8
Lexington: at the Holiday Inn Express on September 9
Norfolk: at the Divots Convention Center on September 22
Lincoln/Omaha: at the Ashland Golf Club on September 23

Pictured is Judge Frank Skorupa with his team.

Recipients of the Court Call for the Supreme Court and Court of Appeals
The Nebraska Judicial System is using a new delivery method for the Court Calls, Opinions, Press Releases, and other items housed on our Web page. Individuals who sign up for services through “Gov.delivery” will have email alerts sent directly to their email boxes.  (RSS is still available for Opinions and Rules if you wish to maintain that service.)

Please take a moment to register for automatic delivery at: https://public.govdelivery.com/accounts/NECOURTS/subscriber/new
or, go to the front of the Web page and click on the yellow map of Nebraska at the bottom right of the front page titled “Subscriber Alerts.”

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Judicial Branch Education
Registration Deadline Reminder
Please don’t miss these important upcoming registration deadlines. (Listed by employee group.)

Judges

• October 3, Fall Judges’ Meeting, Lincoln, meeting to begin on October 19

Administrative & Court Staff

• September 2, JUSTICE Training for County Court, North Platte, training to begin September 19
• September 20, JUSTICE Training for District Court, North Platte, training to begin October 4
• October 3, JUSTICE Training for County Court, Lincoln, training to begin October 17

Probation Staff

• August 29, Week 2 of New Probation Officer Training, Lincoln, training to begin September 12
• September 12, Week 3 of New Probation Officer Training, Lincoln, training to begin September 26
• September 12, Supervision of Sex Offenders in The Community, online training September 26 - October 20
• October 3, Week 4 of New Probation Officer Training, Grand Island, training to begin October 17
• October 31, Juvenile Week of New Probation Officer Training, Lincoln, training to begin November 14

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.

Mandatory Continuing Legal Education
A position for an administrative secretary was opened within the MCLE program, housed in JBE.  Many applications have been received.  The MCLE Commission began the oversight of attorney education credits in the summer of 2009 and began approving courses for attorneys to earn credit at that time.  By December 2010, attorneys were required to file reports showing education credits earned each year.  Judicial Branch Education took on the monumental task of overseeing MCLE requirements for over 5,000 attorneys.  Over 20,000 courses have been submitted and approved since the system went online in November 2009.

The MCLE program is self-supporting.  Sponsors of education pay a fee for having their course contained in the online approved catalogue of courses.  JBE’s Carole McMahon-Boies and Alicia Guerra have managed the program with the help of occasional temporary employees and the Supreme Court Administrative Assistants. The program is now able to pay for a full-time position for oversight.  JBE is looking forward to the assistance the added employee will provide.

State Library Collection Featured in Lincoln Newspaper
The Nebraska State Library, housed in the State Capitol and managed by the Nebraska Supreme Court, is the oldest public library in the state.

It's the story of us, through the eyes of lawmakers, attorneys and judges, written in thousands of volumes.

They are the real thing, not virtual -- pages upon pages that can be touched and turned.

They tell the stories of how the landscape of life and behavior and expectations have changed since the first immigrants stepped onto our East Coast shores and then migrated west.

The State Library, housed in Nebraska's Capitol, holds not only the history of lawmaking and judicial decisions in Nebraska, but of the entire country, back to the colonies of Massachusetts and Virginia.

To read the full article from the Lincoln Journal Star, click here.

Jury Room Poster Developed
A poster designed to hang in a jury room has been developed using language that parallels the Nebraska Pattern Jury Instructions on this topic.  The poster is on business-size paper and can be printed on any standard printer by clicking here.

A similar set of instructions is found on the juror page on the Judicial Branch Web site: http://www.supremecourt.ne.gov/jury-service/pdf/electronic-devices.pdf.

Planning is currently underway for a revised juror video which will include this type of information. 

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Chief Justice Joins Board of National Court Organization
Chief Justice Mike Heavican was appointed to the Board of Directors of the National Center for State Courts (NCSC) on August 1, 2011. The National Center is well known throughout the nation for its efforts to improve the administration of justice through leadership and service to state courts. He will serve a four-year term. 

Heavican is also an active member of the Conference of Chief Justices (CCJ), an organization of the top judicial officers from each state, the District of Columbia, and the U.S. territories that promotes the interests and effectiveness of state judicial systems by developing policies and educational programs designed to improve court operations. He currently serves on CCJ’s Board of Directors. Click here to read the full press release.

Nebraska State Court Administrator Elected to National Conference
State Court Administrator Janice K. Walker has been elected to the Conference of State Court Administrators Board of Directors for a three-year term beginning August 1, 2011.  She currently serves on the Children, Families and the Court Committee and on the Elder Abuse Task Force.   She is vice-chair of the State Court Administrator’s Education Committee and a member of the Conference of Chief Justices and State Court Administrators' Meeting Planning Committee.  The Conference of State Court Administrators, established in 1955, is dedicated to the improvement of state court systems. Its membership consists of the state court administrator or equivalent official in each of the fifty states, the District of Columbia, Puerto Rico, American Samoa, Guam, Northern Mariana Islands, and the Virgin Islands.

Judge Monen Passes Away
Judge James P. Monen, former Nebraska Workers’ Compensation Court judge, died at the age of 78 on August 18, 2011 in Omaha.  Click here to read more.

Judge Hartigan Retires Early
Douglas County District Court Judge John D. Hartigan, Jr. retired August 5, 2011, three weeks earlier than his announced retirement date of August 31. Click here to view the press release from the Daily Record.

Upcoming Judicial Retirements
Hon. Charles Plantz, County Court, 12th Judicial District, December 31, 2011.

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

Michael W. Pirtle, Court of Appeals, 2nd Judicial District, Omaha, signed oath July 6, 2011. 
Timothy P. Burns, District Court, 4th Judicial District, Omaha, signed oath July 18, 2011. 
Marcela A. Keim, County Court, 4th Judicial District, Omaha, signed oath July 21, 2011.
Sheryl L. Lohaus, County Court, 4th Judicial District, Omaha, signed oath August 15, 2011.
Travis P. O'Gorman, District Court, 12th Judicial District, Alliance, signed oath August 22, 2011.
Duane C. Dougherty, District Court, 4th Judicial District, Omaha, signed oath August 26, 2011.

New Court Personnel
Cindy Foley, Official Court Reporter, Dakota County, effective June 24, 2011.
Jonathan Gardner, Law Clerk, Supreme Court, effective August 1, 2011.
Jennifer Greenband, Law Clerk, Supreme Court, effective August 1, 2011.
Shelly Montgomery, Law Clerk, Supreme Court, effective August 1, 2011.
Valorie Olson, Official Court Reporter, Madison County, effective August 1, 2011.
Michelle Pernicek, Law Clerk, Court of Appeals, effective August 1, 2011.
Rachel Williams, Law Clerk, Court of Appeals, effective August 1, 2011.
Breanna Wulff, Records Clerk, Sarpy County, effective August 1, 2011.
Annette Shafer, Records Clerk, Lincoln County, effective August 8, 2011.
Stephanie Roncka, Official Court Reporter, Douglas County, effective August 16, 2011.
Caitlin Bals, Law Clerk, Court of Appeals, effective August 22, 2011.
Morgan Schmid, Records Clerk, Lancaster County, effective August 22, 2011.
Austin Relph, Law Clerk, Supreme Court, effective August 22, 2011.
Matthew Ajuoga, Records Clerk, Douglas County, effective August 29, 2011.
Octavia Carr, Records Clerk, Douglas County, effective August 29, 2011.
Jan Wolterman, Records Clerk, Douglas County, effective August 29, 2011.

New Probation Personnel
David Anderson, Probation Officer, District #4A, Omaha, effective June 6, 2011.
Ashley Brown, Probation Officer, District #1, Geneva, effective June 15, 2011.
Meghan Moland, half-time Probation Officer, District #9, Grand Island, effective July 1, 2011.
Pamela Cudaback, half-time Assistant Probation Officer, District #3A, Lincoln, effective July 5, 2011.
Morgan Fitzgerald, Probation Officer, District #4A, Omaha, effective July 5, 2011.
Christine Trosper, Probation Officer, District #4A, Omaha, effective July 11, 2011.
Matthew McManigal, Juvenile Intake Probation Officer, District #4J, Omaha, effective July 11, 2011.
Beth Matschullat, Office Manager, District #4J, Omaha, effective August 1, 2011.
Derek Faller, Assistant Probation Officer, District #3A, Lincoln, effective August 15, 2011.
Angela Bixenmann, Probation Officer, District #4A, Omaha, effective August 17, 2011.
Carolyn Williams, Probation Officer, District #12, Gering, effective August 23, 2011.
Brandon Cowan, Probation Officer, District #12, Gering, effective August 23, 2011.
Amy Kraft, part-time AmeriCorps Program Specialist, District #7, Norfolk, effective September 1, 2011.
Sarah Astrones, AmeriCorps Program Specialist, District #9, Grand Island, effective September 1, 2011.
Cara Ward, AmeriCorps Program Specialist, District #9, Kearney, effective September 1, 2011.
Nichole Swanson, AmeriCorps Program Specialist, District #6, Fremont/Blair, effective September 1, 2011.
Mary (Katie) Rea, AmeriCorps Program Specialist, District #11, McCook, effective September 1, 2011.
Jamie Fisher, AmeriCorps Program Specialist, District #11, North Platte, effective September 1, 2011.
Lorelei Fox, half-time Assistant Probation Officer/half-time Probation Officer, District #4A, Omaha, effective September 6, 2011.

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Judicial Resources Commission
On Wednesday, September 28, 2011, at 1:00 p.m. central time the Judicial Resources Commission will hold a public hearing via a telephone conference to determine whether a judicial vacancy exists in the office of district court of the 4th Judicial District, due to the retirement of the Honorable John D. Hartigan, Jr., effective August 6, 2011, and make a recommendation to the Supreme Court as to the primary place of office of said vacancy.

Click here to read the full release.

District Court Forms Committee
The Protection Order page of the Self-Help Web site has been reorganized to include a protection order decision-making flow chart approved by the District Court Forms Committee. Click here to view the flow chart.

The chart was originally developed for clerks who are frequently asked for assistance in deciding which forms should be used. 

Court employees should review the Protection Order page and familiarize themselves with the full content.

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

Judicial Resources Commission
Click here to read the minutes of the Nebraska Judicial Resources Commission meeting held August 15, 2011.

The meeting was held at the State Capitol, with remote locations in Omaha, Hastings, and North Platte, Nebraska.

Lawyer’s Ethics Advisory Opinion
The Lawyer’s Ethics Advisory Committee has issued Opinion 11-04 answering the following questions:

1. Can an attorney in a state agency's legal department represent the agency in an administrative hearing when another attorney in the legal department is on the board of a public advocacy organization which is providing legal representation in that same hearing to a member of the public opposing the agency?
   
   
2. What, if any, disclosures or consents would be required for the agency's legal department to represent the agency?

Click here to read the full opinion.

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Proposed Rule Amendments For Comment
Petition to Adopt Multi-State Performance Test and Uniform Bar Examination, S-36-110001
(comment period ends October 1, 2011)

Rule Amendments (made within the last 90 days)
Neb. Ct. R. §§ 4-203, 4-212, 4-215, 4-221, 4-222, and Worksheets 1 and 5 (Child Support Guidelines)
(adopted July 13, 2011, effective September 1, 2011)

Neb. Ct. R. § 3-106(F)(Admission Requirements for the Practice of Law)
(adopted July 13, 2011)

Nebraska Workers' Compensation Court Rule 1 (change of address)
(approved June 8, 2011)

Neb. Ct. R. §§ 6-1405, 6-1410, 6-1413, 6-1419, 6-1445, 6-1451, 6-1452, 6-1455,
6-1459, and 6-1463 (Uniform County Court Rules of Practice and Procedure)
(adopted June 8, 2011)

Neb. Ct. R. §§ 6-608 and 6-609 (Fax Filing)
(adopted June 8, 2011)

Waiver of Parental Consent Forms
During its most recent session, the Legislature changed the law allowing a pregnant woman to come to the court for waiver of parental consent (LB690).  These changes went into effect August 27, 2011. 

In response to those changes, the Administrative Office has created new forms.   Please destroy the petition for waiver of parental notification and instructions that you currently have posted in a public location (as required by statute), with the following:

• Instructions for Waiver of Parental Consent

• Petition for Waiver of Parental Consent               

• Parental Consent Notice of Appeal                         

As with the previous forms, Neb. Rev. Stat. § 71-6903(7) does require that these forms be posted in a public place in each courthouse.  They are also available on the Supreme Court’s Web site on the Full Court Form Listing and under the "Financial/Medical section of the Self-Help Center.

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

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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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