Nebraska Chief Justice Gives State of the Judiciary Address
Chief Justice Mike Heavican gave his fourth annual State of the Judiciary address to the Legislature on January 20, 2011, in the Legislative Chamber.

The State of the Judiciary address is given by the Chief Justice at the invitation of the Speaker of the Legislature, Senator Mike Flood.   Since 2008 the address has become the judiciary’s opportunity to highlight Judicial Branch priorities for the upcoming year and provide relevant information directly to lawmakers.  Heavican provided an overview of the activities of the judicial branch of government including projects involving the state’s judges and non-judicial employees in courthouses and probation offices across the state. 

The speech is archived on the Judicial Branch Web site at: http://supremecourt.ne.gov/community/adminreports/state-judiciary-address/index.shtml

Media articles:

Lincoln Journal Star
Omaha World Herald
Associated Press (Columbus Telegram)

Legislative Bill Tracking
On January 5, 2011, the 102nd Nebraska Legislature convened for a 90-day session.  Senators have introduced bills and committees have begun legislative debate. In some cases, amendments have already been proposed.  If bills are voted out of committee, the full Legislature will have the opportunity to debate each bill at least two times before its final vote. This year’s session is again likely to be dominated by the state budgetary issues and problems.  A variety of bills are currently being tracked by the Administrative Office of the Courts and Probation and shared with the executive and legislative committees of the court and judge associations.

Included in the bills introduced this session are budgeting bills that will determine the court’s funding and bills to increase court costs and probation fees.  The Governor has presented his budget recommendations to the Legislature. Next, the Legislature’s Appropriations Committee will present its preliminary recommendation. The Supreme Court will testify on the Committee’s recommendation at a hearing tentatively set for March 8, 2011.

LBs 463 and 669 address the sealing of records. LBs 15 and 17 would allow district courts to execute across county lines and change the complete record rules; LBs 19 and 20 seek to address problems with production and use of methamphetamine and K2 drugs.  LB 85 calls for the uniform jurisdiction of guardianships and LB 157 would implement changes recommended by the Guardianship Conservator Task Force.   LB 94 allows petitioners for adoption of state wards to review case files; and LB 675 changes DUI sentencing laws.  LB 302 and LB 451 address elements proposed by the Supreme Court Re-engineering study with the National Center for State Courts, as mentioned by the 2011 State of the Judiciary address.

Many other bills are tracked because of potential changes in JUSTICE. 

For a complete list of bills you may contact Janet Bancroft at janet.bancroft@nebraska.gov.

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

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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 Annual Caseload Reports Online
Click here to view the 2010 Annual Caseload Reports for All Nebraska Courts.

Lawyer Ethics Advisory Opinion Released
The Lawyer’s Advisory Committee to Nebraska State Bar Association released Ethics Advisory Opinion No. 11-01 regarding the employment of a suspended lawyer to serve in a non-lawyer capacity under supervision of a licensed lawyer.  Click here to read the full opinion. 

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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Justice Gerrard Recommended for Federal Bench
Senator Ben Nelson has recommended to President Obama that he nominate Nebraska Supreme Court Justice John Gerrard to become a federal judge in the United States District Court for Nebraska. Senator Mike Johanns of Nebraska also is supporting Gerrard's nomination. Gerrard would replace Judge Richard Kopf, who will take take senior status on December 1, 2011.

Click here to read the full article from the Omaha Daily Record.

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 8	James J. Orr
District 9	Philip M. Martin
District 10	Michael L. Offner
District 11	Anne M. Paine
District 12	Russell W. Harford
District Courts
District 2	David K. Arterburn
District 3	Karen B. Flowers
District 4	J Derr
District 5	Mary C. Gilbride
District 6	John Samson
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. 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
Vickie Gilligan , Records Clerk, Dodge County, effective January 14, 2011.
Adam Koenig, Cashier, Lancaster County, effective January 31, 2011.

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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.

Pro Se Committee Updates Divorce Instructions
Self-help instructions for divorces with and without children have been updated. The introduction section now addresses pension and retirement plans with a link to Limited Scope Representation. Clerks should reprint the instructions sheets for hard-copy packets:  http://www.supremecourt.ne.gov/self-help/simple-divorce.shtml

New Small Claims Forms
The County Court forms committee has produced three new small claims forms as requested by courts around the state.  The new forms can be found in the forms section (http://supremecourt.ne.gov/forms) of the Judicial Branch Web site under County Court Small Claims. 

• Praecipe for Subpoena, CC 4:6
• Dismissal, CC 4:7
• Satisfaction of Judgment, CC 4:8

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Judgment Interest Rate
Effective January 20, 2011, the judgment interest rate changed to 2.193%.
http://supremecourt.ne.gov/community/judgment-interest-rate.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 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
Pro Hac Vice Admission
Neb. Ct. R. § 3-106 of the Admission Requirements for the Practice of Law rules, specifically regarding pro hac vice admission. The full text of the proposed amendments is available:http://www.supremecourt.ne.gov/rules/amendments/Proposed3-106Amds.pdf

Registration of In-House Counsel
Registration of In-House Counsel rules, Neb. Ct. R. §§ 3-1201 to 3-1204 and Appendix 1. The full text of the proposed new rules and appendix is available: http://www.supremecourt.ne.gov/rules/amendments/Proposed3-1201Amds.pdf

Anyone desiring to comment on either item 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.

A hard copy of proposed rules may be obtained from the Office of the Clerk of the Supreme Court and Court of Appeals upon request.

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.

 

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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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