Legislation

Since the legislative session is currently scheduled to end on April 12, 2012, we will soon know the outcome of many bills that have been tracked since January. LB 790, which transfers a judgeship from the 5th judicial district to the 3rd judicial district, passed and was signed by the Governor. It has an effective date of July 1, 2012. LB 985 (Nebraska Juvenile Service Delivery Project) passed on March 30, 2012, and is awaiting action by the Governor. It seeks to provide access to services for juveniles on probation as close to home as possible and reduce the need for supervision by the Department of Health and Human Services. In addition, with the signing of the budget bills by the Governor on April 2, 2012, the vote on passage of LB 862 (judges' salary increase) will be very soon.

Judge Weimer Sits on Greater Nebraska Panel at the UNL College of Law
Judge Derek Weimer, Sidney, is making rural attorney recruitment a personal mission.  On February 28, 2012, Judge Weimer was joined by three Nebraska Law alumni who practice throughout the state including in Minden, Scottsbluff, and Hastings.  The UNL panel was part of the “Exploring Opportunities” series developed to assist students in planning for their future by informing them of different practice areas, as well as the types of positions available and the towns in which they could work. Judge Weimer served on a similar panel at Creighton’s Law College.

Photo: Judge Derek Weimer (left) answers questions at UNL College of Law with Neleigh Korth, John Selzer, and Chris Johnson.

Law Day Essay Contest Asks About American’s Duty to Vote
In its thirteenth year, the Law Day Essay Contest, co-sponsored by the Supreme Court and State Bar Foundation, continues to engage 8-12 grade students from across Nebraska. The question draws upon current events and the 2012 Nebraska Law Day theme, Democracy and the Duty to Vote.

Following this year's Law-Related Education theme, the Law Day Essay Contest question addresses the duty of Americans to vote. For 2012, the students were given the following information and were asked to write an essay answering the question in bold:

In many United States elections, less than one in four registered voters actually vote. Also, not all citizens who are eligible to vote actually register to exercise this important right.

In Nebraska, even in the 2008 and 2004 general elections, which included voting for president, the number of citizens actually voting was no better than 3 of every 4 registered voters.

QUESTION: In this 2012 presidential election year and in all other elections, what do you think should be done to increase the number of registered voters and voter turnout?

The question was developed by leaders of the Foundation’s PEOPLE (Public Education Outreach Promoting Law & Equity) Committee and Nebraska’s Secretary of State, John Gale.

Click here for more information about the Law Day Essay Contest.

Photo: Chief Justice Heavican with Janice Walker at the 2011 Law Day Awards Luncheon

Law Day Job Shadowing Kicks Off for 2012
Law Day Job Shadowing for fifth graders activity has begun. Judges, court administrators, clerks, and magistrates are coordinating the activity in seven 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, O’Neill, Oshkosh, Pawnee City, and Pleasanton. Courts interested in participating in this activity on or around May 1, 2012, should contact Cindy Lilleoien for more information.

Click here to read more about job shadowing.

Photo: Job Shadow 2011 with Judge Donna Taylor in Stanton.

Minority Justice Committee to Gain National Spotlight
In May 2012, the Minority Justice Committee will host the 24th Annual Conference of the National Consortium on Racial and Ethnic Fairness in the Courts. Judge Irwin has chaired the planning committee for this event since 2010. Explaining the annual conference, Judge Irwin highlighted the facts that the National Consortium brings together thought-leaders and delegates of state justice systems from around the country to share their collective knowledge about best practices within their court systems for achieving fairness and access to justice for all.

For more information on both items, click here to read the full press release.

 

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2011 Reports Available
2011 Annual Caseload Reports for All Nebraska Courts are online:
http://supremecourt.ne.gov/community/adminreports/2011caseloadreportAllCourts/11-caseload.shtml


2011 Weighted Caseload Reports and Judicial Resources Needs (January 1, 2011 - December 31, 2011) are online:
http://supremecourt.ne.gov/community/adminreports/weighted-caseload-reports.shtml

Judicial Branch Education
Training Opportunities
Click here to view upcoming JBE-sponsored education opportunities. (Click on "calendar" located next to "search for courses".)   Online registration is currently open for the following education opportunities:

Court:

• County Judges' Meeting, April 2 - 3, 2012, in Omaha
• JUSTICE Training for 2012 (see dates below)
• District Judges’ Meeting, June 6 - 8, 2012, Nebraska City
• Annual Fall Judges' Meeting, October 24 - 26, 2012, Omaha

Probation:

• Cycle Two of New Probation Officer Training (begins April 2, 2012)

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 Web site or from the link on this Web page: 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
April 16 - 20, 2012, Lincoln. Registration deadline: April 2, 2012
May 21 - 25, 2012, North Platte. Registration deadline: May 7, 2012

District Court
April 10 - 12, 2012, Lincoln. Registration deadline: March 27, 2012
May 1 - 3, 2012, North Platte. Registration deadline: April 17, 2012

Racial and Ethnic Fairness in the Courts
The 24th annual conference of the National Consortium on Racial and Ethnic Fairness in the Courts, sponsored by the Nebraska Minority Justice Committee, will be held Wednesday, May 9, 2012, in Omaha.  Topics and presentations on the agenda include: Chief Standing Bear’s Journey for Justice, Unfinished Business: Racial Inequality in American History, Illegal Discrimination in Jury Selection: A Continuing Legacy and American Swastika: Inside the White Power Movements Hidden Spaces of Hate.  There will be breakout sessions focusing on racial fairness, addressing language barriers, building capacity, diversity and special populations.  Judicial and Probation employees wishing to attend are to submit a request to JBE, using the “Request for Commitment of Funds” form found at http://www.supremecourt.ne.gov/jbe/jbeforms.shtml.

JBE Staff
Carole McMahon-Boies, Director, 402-471-3072, carole.mcmahon-boies@nebraska.gov
Jerid Wedige, Probation Education Manager, 402-471-4486, jerid.wedige@nebraska.gov
Alicia Guerra, Administrative Assistant, 402-471-0275, alicia.guerra@nebraska.gov
Diona Hartwig, Administrative Assistant, 402-471-0005, diona@hartwig@nebraska.gov

Court Management Consultants Meet with County Courts
The AOC hosted two court management consultants from the National Center for State Courts March 19 and 20, 2012, to look over the process which has been implemented to allow remote review of the guardianship and conservatorship annual reports and accountings. Consultants Alicia Davis and Tara Kunkel will use the information to provide the AOC with an internal blueprint for sharing work, and a report to share with the Legislature and others about this innovative use of court staff and technology.  The National Center consultants spoke with Brad Knobel and Curt Reiter of MIS about the programing and visited Lancaster, Seward, Platte, and Sarpy County Courts to talk with the clerk magistrates, judicial administrators, and staff about the program and how it impacts their offices.  The NCSC consultants were impressed with the professionalism and cooperation that the courts displayed and are looking forward to sharing information on this project with other states who are looking for ways to improve the effective use of staff in rural courts.    

Photo: Lori Boyd (right) reviews Sarpy County Court's case files with consultants of National Center for State Courts during March visit.

Court Interpreter Project
Interpreter Orientation Held
Nebraska Court Interpreter Orientation was held in the Welpton Courtroom of the University of Nebraska College of Law on March 24 and 25, 2012.

Twenty-eight interpreter candidates attended.  Languages represented included Spanish, Arabic, French, Somali, Karen,  Farsi, Dari, Pasto, Swedish, and Danish.  Orientation was led by federally-certified Spanish interpreters and educators Laura Garcia-Hein and Jeck Navarette. 

Interpreters who attended the orientation and passed the written English comprehension exam will be eligible to take the oral exam for certification on May 4 and 5, 2012.

Interpreters attending this class may provide help to limited-English proficient court users across Nebraska.  The variety of languages spoken by attendees will greatly enhance the pool of interpreters currently provided by the court.  Currently, Nebraska registries have certified interpreters for only Spanish, Sign, Mandarin Chinese, and Russian.  In addition, Spanish interpreters attended from several out-state judicial districts where certified Spanish interpreters are critically needed. 

Photo: Orientation attendees practice an exercise in interpreting at orientation on March 25, 2012.

Skillsbuilding Workshop Scheduled

Interpreter Skillsbuilding Workshops are scheduled April 21 and 22, 2012, in Omaha.  Cost for the Skillsbuilding Workshop is $50 per day; $100 for both days. Times are 9:00 a.m. - 4:00 p.m. Space is limited.

Oral Exams for Certification
Oral exams for certification will be held May 4 and 5, 2012, and October 19 and 20, 2012, in Lincoln. The cost is $150. Applicants must have completed Court Interpreter Orientation and passed the written English comprehension exam in order to be eligible.

Click here for registration information for the offerings.

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

Third Statewide Children’s Summit August 2012
The Through the Eyes of the Child Initiative and the Court Improvement Project will host the third statewide Children’s Summit August 27 - 29, 2012, in Kearney at the Younes Conference Center. The summit will begin with lunch on Monday and end early Wednesday afternoon. Accommodations and travel will be funded by the Court Improvement Project.

The Chief Justice requests that court hearings not be scheduled for the duration of the summit so that all juvenile court judges and county court judges with juvenile court jurisdiction can attend.

Court Bench Book

• Child Support Calculator 2012 version (contact Janet Bancroft for password)

 

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Employee Salaries
Although the Supreme Court has not determined the salary policy for the next fiscal year starting July 1, 2012, it is hoped we will be able to extend salary increases commensurate with other state employees. Currently, most state employees are slated to receive a 2% increase effective July 1, 2012.

Health Insurance/Open Enrollment
The Administrative Office of the Courts and Probation previously reported that the State issued an "intent to award” to UnitedHealth to administer the health insurance plan for state employees.  Blue Cross filed a protest which was unsuccessful, so the State is proceeding with UnitedHealth.  Open enrollment will begin sometime in May and will continue for two to three weeks; exact dates and rates have not been provided.  A new online system called LINK will replace the EDGE system. In order to complete open enrollment, employees will need to view a 10-15 minute online video regarding use of the LINK system.

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Memorial
A memorial for Justice Thomas Shanahan, former judge of both the Supreme Court and the U.S. District Court, will be held April 9, 2012.  Click here for further information.

Upcoming Judicial Retirements
Hon. Jean A. Lovell, County Court, 3rd Judicial District, April 30, 2012.
Hon. J. Patrick Mullen, District Court, 4th Judicial District, May 31, 2012.
Hon. Gary G. Washburn, County Court, 8th Judicial District, May 31, 2012.

New Court Personnel
Paulette S. Johnson, Records Clerk, Box Butte County, effective March 12, 2012.
Jaqueline Janak, Records Clerk, Lancaster County, effective March 19, 2012.
Kylie Rader, Records Clerk, Hall County, effective March 19, 2012.
Amanda Wood, Records Clerk, Hall County, effective March 19, 2012.


New Probation Personnel
David Fink, Probation Officer, District 2, Papillion, effective March 5, 2012.
Nicole Ward, Juvenile Probation Officer, District 4J, Omaha, effective March 19, 2012.
Amy Kraft, Juvenile Intake Probation Officer, District 7, Norfolk, effective March 19, 2012.
Juliana Schroeder, Juvenile Probation Officer, District 4J, Omaha, effective March 19, 2012.
Lance Hall, Probation Officer, District 5, Schuyler, effective March 26, 2012.
Michele Lueders, Chief Deputy Probation Officer, District 1, Beatrice, effective March 26, 2012.
Mia Rickman, Probation Officer, District 2, Papillion, effective March 29, 2012.
Nichlas Lurz, Probation Officer, District 4A, Omaha, effective April 2, 2012.
Connie Beall, part-time Assistant Probation Officer, District 3A, Lincoln, effective April 2, 2012.

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Pro Se Committee Projects
Simplified Self-Help Forms Now Available Through Judicial Branch Web Site Legal Online Self-Help Center
Interactive forms for protection orders, divorces, and criminal set-aside requests have been developed through a partnership between Nebraska Legal Aid and the Supreme Court Pro Se Committee.  A2J -- or Access to Justice -- forms are designed to be easy to understand, easy to complete properly, and easy to read.

The Legal Aid A2J forms are provided as a service to low-income and other eligible Nebraskans to help them safeguard their legal rights and to understand their legal responsibilities. Most forms are designed for low income use only, but protection orders hold a unique status and can be used regardless of income.  Courts do not determine income eligibility; eligibility is determined through the question/answer process on the Legal Aid Web site.

Read more: http://legalaidofnebraska.com/node/449

Pilot Project for an Online, Interactive Triage System
Because of Nebraska’s successful grant implementation of the A2J interactive court forms, Dave Pantos, Director of Legal Aid of Nebraska, was approached by ProBono.net to promote a Nebraska pilot project through the Legal Services Corporation this upcoming year.   Several organizations, including the National Center for State Courts, are promoting the idea of piloting an online, interactive triage system to address legal issues of low income tenants or landlords. This online system, using “intelligent” software and technology, would combine the resources of courts, pro bono programs, self-help services, online tools, and legal aid groups to assist the tenant or landlord in making decisions and finding resources to solve housing and other landlord/tenant questions.

According to organizers, Nebraska came to the forefront as a potentially ideal place for such a pilot, because of the cooperation of the state courts and the great working relationship with Legal Aid of Nebraska and the Supreme Court Pro Se Committee.

Regarding the Pro Se Committee’s working relationship with Nebraska Legal Aid, Judge Richard Sievers, Chair of the Nebraska Supreme Court’s Committee on Implementation of Assistance to Pro Se Litigants, remarked:
"Our partnership with Legal Aid of Nebraska in seeking grant funds to simplify and enhance pro se forms is a natural fit. Each of our groups strives to assist low income Nebraskans in accessing the court system in a way that is helpful for both the court user and for the courts themselves.  As we move forward, I envision a future with many more shared Technology Innovation Grants providing full access to the judicial system."

Photo: Legal Aid of Nebraska Director, Dave Pantos, and Legal Aid Development Associate, Katie Mock, meet at Capitol

Irwin Named Co-Chair of Minority Justice Committee
The Nebraska Supreme Court has appointed Court of Appeals Judge John Irwin to replace long-time co-chair Hon. John Gerrard. "Judge Irwin has had a long-term commitment in assuring that all lawyers and litigants experience an even playing field in Nebraska courts.  He is innovative and together with co-chair Linda Crump will lead the committee to a high level of excellence," said Justice Gerrard. 

Click here to read full release.

Judicial Resources Commission
The Judicial Resources Commission held a public hearing via telephone conference on Tuesday, March 27, 2012, from the Nebraska State Capitol.  The Commission declared vacancies in the county court of the 3rd Judicial District, due to the retirement of the Honorable Jean A. Lovell, and the district court of the 4th Judicial District, due to the retirement of the Honorable J. Patrick Mullen. Each office will maintain their current home court designation.

Click here to read the Minutes from the hearing.

Judicial Nominating Commissions Set Application Deadlines & Public Hearings
The Judicial Nominating Commission for County Judge in the 3rd Judicial District (consisting of Lancaster County) will hold a public hearing on April 30, 2012. The vacancy is due to the new judgeship position created by 2012 Neb. Laws, L.B. 790. The deadline for applications is April 9, 2012. Click here for full release.

The Judicial Nominating Commission for County Judge in the 3rd Judicial District (consisting of Lancaster County) will hold a public hearing on May 22, 2012. The vacancy is due to the retirement of the Honorable Jean A. Lovell effective May 1, 2012. The deadline for applications is May 1, 2012. Click here for full release.

The Judicial Nominating Commission for District Judge in the 4th Judicial District (consisting of Douglas County) will hold a public hearing on May 22, 2012. The vacancy is due to the retirement of the Honorable J. Patric Mullen effective June 1, 2012. The deadline for applications is May 1, 2012. Click here for full release.

Judicial Ethics Committee
The Judicial Ethics Committee recently issued two opinions in answer to the following questions (click on the opinion number to view):

12-2: May a judge’s spouse feature their co-owned residence gardens in a garden walk, the purpose of which is to raise funds for a local community theater?

12-3: May a person who has previously filed for election as a delegate to a county post primary political party convention and who by reason of the number of persons filing will automatically be certified by the election commissioner as an elected delegate avoid being in violation of the Nebraska Revised Code of Judicial Conduct upon seeking appointment to judicial office?

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Judgment Interest Rate
Effective April 19, 2012, the judgment interest rate will be 2.142%.

Per Diem Rate
Effective April 1, 2012, the per diem rate for retired judges who consent to serve will increase. The rate will no longer be calculated based on the retirement benefit received by the judge compared to a current sitting judge’s salary. The new rate will be equal to the current daily rate for an active judge of the court on which the retired judge serves.

COOP Plans and Closing Due to Weather Policy
Last week (March 19 - 23, 2012) was "Severe Weather Awareness Week" in Nebraska. This serves as a reminder to update Court COOP plans and review the Supreme Court's policy regarding closing due to weather. Click here to view the Administrative Announcement concerning these topics.

Probate Reports
County Court Probate Reports, which are now automatically printed at the Administrator’s Office, are compiled on the 15th day of each month and sent to Justice John Wright and Chief Justice Heavican.  If courts would like to submit “additional explanation” reports, they must be submitted by the 15th of each month before 1:30 p.m. to be included.  Information should be emailed to Jan Malone (jan.malone@nebraska.gov) or faxed to her attention at 402-471-2197.

Judicial Financial Interest Statements
Judicial Financial Interest Statements (JFIS) for the period ending December 31, 2011, must be filed no later than May 1, 2012.

Please remember to complete the statement found in the Nebraska Revised Code of Judicial Conduct, which became effective January 1, 2011. Click here for instructions and the form (pages 5-8) which can be completed on your computer and mailed in.

Those required to complete the form are all judges, all clerk magistrates, child support referees, and retired judges consenting to temporary judicial service.

Rules Adopted
Waiver/Fine Schedule
On March 14, 2012, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. ch. 6, art. 14, appendix 6
Neb. Ct. R. ch. 6, art. 14, appendix 6 (Uniform County Court Rules of Practice and Procedure)

Criminal Homicide Reporting Form
On March 14, 2012, the Nebraska Supreme Court adopted amendments to Neb. Ct. R. ch. 6, art. 15, appendix 1.
Neb. Ct. R. ch. 6, art. 15, appendix 1 (Uniform District Court Rules of Practice and Procedure)

Rules for Comment
Public Comment Sought on Amendments to Guidelines for Guardians Ad Litem - Juvenile Court Proceedings
Proposed Amendments to the Guidelines for Guardians Ad Litem for Juveniles in Juvenile Court Proceedings
(comment period ends June 1, 2012)

The Nebraska Supreme Court Commission on Children in the Courts has submitted to the Supreme Court proposed amendments to the Supreme Court’s Guidelines for Guardians Ad Litem for Juveniles in Juvenile Court Proceedings at sections V(E)(1) and VII(D) and (E).

The Court invites interested persons to comment on these proposed amendments.  Anyone desiring to comment on the amendments to the guidelines should do so in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, NE 68509-8910, or via e-mail to lanet.asmussen@nebraska.gov no later than June 1, 2012.

Comment Sought on S-36-120001 "Petition for a Rule Change to Create a Voluntary State Bar of Nebraska..."
Notice of Comment Period for S-36-120001 "Petition for a Rule Change to Create a Voluntary State Bar of Nebraska..." (comment period ends June 1, 2012)

On February 29, 2012, Nebraska attorney/State Senator Scott Lautenbaugh filed a “Petition for a Rule Change to Create a Voluntary State Bar of Nebraska: To Abolish Neb. Ct. R. Chapter 3, Article 8, and to Make Whatever Other Rule Changes Are Necessary to Transition From a Mandatory to a Voluntary State Bar Association,” which petition has been docketed as case No. S-36-120001.  Direct link to petition: http://www.supremecourt.ne.gov/rules/amendments/S-36-120001.pdf

The Court invites interested persons to comment on these proposed amendments.  Anyone desiring to comment on the amendments to the guidelines should do so in writing to the office of the Clerk of the Supreme Court and Court of Appeals, P.O. Box 98910, Lincoln, NE 68509-8910, or via e-mail to lanet.asmussen@nebraska.gov no later than June 1, 2012.

 

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2012 (holidays in red)
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.
• 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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