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Administrative Memorandum 10-12 | December 2010

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

    SPECIAL PROJECTS & EVENTS


      Omaha interpreters Martha Brester and Lilia Uitts Sworn In as Certified Spanish Court Interpreters
      Ms. Martha E. Brester and Ms. Lilia L. Uitts were sworn in as certified Spanish Court Interpreters on December 21, 2010, in the Douglas County Hall of Justice.  Judge Stephen M. Swartz administered the oath.

      Brester and Uitts bring the number of Spanish court interpreters to be certified through the Nebraska Supreme Court’s certification program to 32. The program, which began in 2000, is an ongoing effort of the Nebraska Judicial Branch to raise the level of services offered to all individuals in Nebraska’s court system. According to Justice John Gerrard, a member of the Nebraska Supreme Court Interpreter Advisory Committee, “It is crucial to the overall fairness of the legal system that judicial proceedings are completely and accurately interpreted for non English-speaking participants.”

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

      Administrators Receive Years of Service Awards
      State Probation Administrator Ellen Fabian Brokofsky (left) and Deputy Probation Administrator Deb Minardi (center) are congratulated by State Court Administrator Janice Walker on their years of service awards presented by Chief Justice Mike Heavican in December 2010.  Brokofsky has been with judicial system for 35 years and Minardi for 30 years.

       

       

      Mandatory Continuing Legal Education Launches Online Reporting System for Attorneys
      The Nebraska Supreme Court Mandatory Continuing Legal Education (MCLE) Commission launched a new online reporting function for attorneys on December 1, 2010. By noon that day, nearly 500 attorneys across the state had submitted their reports online, requiring no paper or postage.

      The newly activated Web-based reporting system allows attorneys to report their continuing education credits, complete with transcripts, directly to the MCLE Commission. All active attorneys practicing in the State of Nebraska are required to attend and report 10 hours of continuing professional education per year. Of the 10 hours, at least two hours must be in the area of professional responsibility or ethics.

      Click here to read the full press release.

      Legislative-Judicial Visit Program
      The Legislative-Judicial Visit program is set to launch the 2011 agenda with the following judge-senator pairings:

      Hon. Tom Otepka -- Burke J. Harr, District 8
      Hon. Todd Hutton -- Jim Smith, District 14
      Hon. Donna Taylor -- Lydia N. Brasch, District 16, and Dave Bloomfield, District 17
      Hon. Robert Steinke -- Paul Schumacher, District 22
      Hon. Alan Brodbeck -- Tyson Larson, District 40

      The program is geared toward new senators elected in the November election. The purpose of the program is to give new legislative members an experiential understanding of the volume, complexity, variety and difficulty of work of the trial courts. Each of the new senators will be invited to spend a morning with a host judge, which generally includes a briefing in chambers, a morning observing court proceedings, and lunch with criminal justice representatives from the area.

      Thanks to all judges and court staff who participate in this valuable outreach program.

      Nebraska Makes January ABA Journal with Iphone Application
      The January 2011 American Bar Association Journal highlights the success of Nebraska’s Iphone application for the trial court calendar search.  Last September the Supreme Court authorized the creation of a court docket appliction for the iPhone. According to the article, Nebraska appears to be the only state, so far, to have created such an application.
       
      “People are pretty surprised when we tell them it’s out there,” according to Bill Miller, Deputy State Court Administrator for Information Technology.

      Click here to read the full story.

       

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Technology Assessment Form
      On October 14, 2010, the Nebraska Supreme Court approved the Nebraska Court Technology Guidelines.  Click here to read the approved guidelines.

      The Guidelines dictate that completed Technology Assessment forms be available on the Supreme Court Web site so attorneys can see the technology available in each courtroom.  The completed forms are available at the following links:

      Courts can navigate to these sites by clicking District Courts or County Courts (or the Separate Juvenile Courts, Court of Appeals and Supreme Court) on the left side of the Supreme Court’s Web page and, using the drop down menu, click on the Courtroom Technology Availability link. 

      If you have not yet submitted your county's technology information, please do immediately. The deadline is December 31, 2010.

      Contact Bill Miller, Deputy Adminstrator, 402-471-3049, william.miller@nebraska.gov.

      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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    PEOPLE

      Judges Appointed to Fill Vacancies
      Geoffrey Hall, Blair, District Court Judge, Sixth Judicial District.  Click here to read the full release. 

      Michael Piccolo, North Platte, County Court Judge, Eleventh Judicial District.  Click here to read the full release.

      2011 Presiding Judges

      County Courts
      District 1
      J. Patrick McArdle
      District 2
      Robert C. Wester
      District 3
      Laurie J. Yardley
      District 4
      Susan M. Bazis
      District 5
      Curtis H. Evans
      District 6
      C. Matthew Samuelson
      District 7
      Ross A. Stoffer
      District 11
      Anne M. Paine
         
      District Courts
      District 2
      David K. Arterburn
      District 3
      Karen B. Flowers
      District 5
      Mary C. Gilbride
      District 7
      James G. Kube
      District 9
      James D. Livingston
      District 10
      Terri S. Harder
      District 11
      David W. Urbom
      District 12
      Leo Dobrovolny
         
      Separate Juvenile Courts
      Douglas
      Wadie Thomas, Jr. (through 6/30/11)
      Lancaster
      Roger J. Heideman

      Upcoming Retirements
      The following judges have announced their upcoming retirements:

      Hon. Thomas G. McQuade, County Court, 4th Judicial District, December 31, 2010
      Hon. Gerald E. Moran, District Court, 4th Judicial District, December 31, 2010
      Hon. Brian C. Silverman, District Court, 12th Judicial District, December 31, 2010
      Hon. William L. Binkard, District Court, 6th Judicial District, January 3, 2011
      Hon. Jack R. Ott, County Court, 10th Judicial District, January 5, 2011
      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. John P. Murphy, District Court, 11th Judicial District, August 1, 2011

      New Court Personnel
      Linda Hanak, Records Clerk, Dakota County, effective December 6, 2010.
      Elizabeth J. Chrisp
      , Bailiff/Courtroom Clerk, Buffalo County, effective December 20, 2010.

      New Probation Personnel
      LaDonna Jones-Dunlap, Juvenile Probation Officer, District #4J, Omaha, effective December 1, 2010.
      Brian Priess, Juvenile Intake Probation Officer, District #9, Grand Island, effective December 9, 2010.
      Charles Bauman, Probation Officer, District #1, Geneva, effective January 10, 2011.
      Christine Allen, Assistant Probation Officer, District #2, Nebraska City, effective January 12, 2011.

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    COMMITTEES · COMMISSIONS



      New Year Appointments Made for Supreme Court Committees and Commissions

      Pro Se Committee:
      Judge Michael Offner to replace Judge Curtis Maschman

      Supreme Court Technology Committee:
      Audrey Elliott of Gering and Katherine Hall of North Platte appointed to replace Chris Johnson and Thomas Tye. Neil Williams of Ogallala, Adam Astley of Omaha, and Terry Wittler of Lincoln were appointed to serve as additional members of the Supreme Court Technology Committee (terms to be served at the pleasure of the Court).

      Mandatory Continuing Legal Education Commission:
      Dennis Collins of Norfolk, Nebraska, and Jon Schroeder of Curtis, Nebraska, to serve additional terms expiring December 31, 2013.

      Dispute Resolution Advisory Council:
      Michael Pirtle of Omaha appointed to serve an additional term as Vice Chair (term expires December 31, 2013) and Tim Engler of Lincoln appointed to replace John Ballew.

      Judicial Ethics Committee:
      Judge Edward Steenburg of Ogallala to replace Judge Carlton Clark.
      Judge Robert Ensz appointed Chair and Judge Lawrence Gendler appointed Vice Chair.

      Commission on Children in the Court:
      Senator Brad Ashford of Omaha, Gwen Hurst Anderson of Lincoln, Judge Linda Caster Senff of Aurora, Christine Costantakos of Omaha, Thomas Harmon of Omaha, Todd Reckling of Lincoln, and Judge Randin Roland of Sidney appointed to additional three-year terms. Senator Kathy Campbell of Lincoln appointed to replace Senator Tim Gay.

      Judicial Branch Education Advisory Committee:
      Justice John Gerrard of Lincoln, Judge John Colborn of Lincoln, and Barb Pousson of Papillion appointed to serve additional terms expiring December 31, 2013.

      Interpreter Advisory Committee:
      Probation Officer Bob Denton appointed to Committee.  Clerk Magistrate Dori Kroeger to replace Valerie Bendixon, Clerk of the District Court.

      Probation Evidence-Based Practices Committee:
      Judge Mark Ashford to replace Judge Gerald Moran.

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    RULE, FORM AND POLICY CHANGES


      Mileage Rate
      The Supreme Court reimbursement rate for mileage in a personal vehicle for calendar year 2011 will remain at $.485/mile. The Nebraska Department of Administrative Services (DAS) has announced that the reimbursement rate for executive branch employees is increasing from $.50/mile to $.51/mile, effective January 1, 2011. The DAS announcement does not apply to staff of the Supreme Court.

      Revised Code of Judicial Conduct Effective January 2011
      On November 17, 2010, the Nebraska Supreme Court adopted the Nebraska Revised Code of Judicial Conduct, which is located at Chapter 5, Article 3, of the Nebraska Supreme Court Rules. The Revised Code will become effective January 1, 2011.

      The full text of the Revised Code is available by clicking here, or a hard copy may be obtained from the Office of the Clerk of the Supreme Court and Court of Appeals upon request.

      The changes listed above are also incorporated into the full set of rules listed in the rule amendments section on the Web page.  All rule changes/additions are available at: www.supremecourt.ne.gov/rules/index.shtml.

      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 that 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.

      Open Comment Period: Pro Hac Vice Admissions
      Comments are welcomed on proposed amendments to Neb. Ct. R. § 3-106 of the Admission Requirements for the Practice of Law rules, specifically regarding pro hac vice admission. Anyone desiring to comment on the 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, NE 68509-8910, or via e-mail to lanet.asmussen@nebraska.gov no later than February 1, 2011.

      The full text of the proposed amendments is available at: http://www.supremecourt.ne.gov/rules/amendments/Proposed3-106Amds.pdf or a hard copy may be obtained from the Office of the Clerk of the Supreme Court and Court of Appeals upon request.

      Rule Amendments Within the Last 90 Days
      Neb. Ct. R. §§ 6-401 to 6-419 (Electronic Filing and Service System in Trial Courts)
      RE:  E-Filed pleadings, cases, paperwork
      (adopted December 22, 2010; effective May 1, 2011)

      Neb. Rev. Code of Judicial Conduct, Application I.(B) and II.(B)
      RE: Part-time clerk magistrates now subject to the Code of Conduct
      (adopted December 22, 2010; effective January 1, 2011)

      Neb. Ct. R. §§ 3-201 and 3-202 (Limited Liability Professional Organizations)
      RE: Changing “articles of organization” to “organizing document” and other changes
      (adopted December 22, 2010)

      Neb. Ct. R. App. P. § 2-101(D) (Nebraska Court Rules of Appellate Practice)
      RE: Changing “Nebraska Public Service Commission” to “Department of Natural Resources” (adopted December 22, 2010)

      Neb. Ct. R. §§ 3-401.7(A)(6) and 3-401.8(C) (Mandatory Continuing Legal Education for Lawyers)
      RE: Archived video or audio programs and pre-approved CLE
      (adopted December 8, 2010; effective January 1, 2011)

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    CALENDAR ITEMS

    2011
    January 17
    Martin Luther King, Jr. Day
    February 3
    Supreme Court Oral Arguments, UNL College of Law
    February 21
    Presidents' Day
    April 7
    Supreme Court Oral Arguments, Creighton University School of Law
    April 12
    Bar Swearing-In
    April 29
    Arbor Day
    May 30

    Memorial Day

    July 4
    Independence Day
    September 5
    Labor Day
    September 13
    Bar Swearing-In
    October 10
    Columbus Day
    November 11
    Veterans Day
    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 11:19:08