Search:


Administrative Memorandum 12-1 | January 2012

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

    SPECIAL PROJECTS & EVENTS


      State of the Judiciary Address Given January 19, 2012
      Chief Justice HeavicanChief Justice Mike Heavican gave his 5th annual State of the Judiciary address to the Legislature on January 19, 2012, in the Legislative Chamber.

      The State of the Judiciary is archived and available through the Nebraska Judicial Branch Web site: http://supremecourt.ne.gov/community/adminreports/state-judiciary-address/index.shtml

      The State of the Judiciary address is given each year by the Chief Justice at the invitation of the Speaker of the Legislature, Senator Mike Flood. It is the judiciary’s opportunity to highlight Judicial Branch priorities for the upcoming year and provide relevant information directly to lawmakers.

      Nebraska Court Interpreter Shortage Featured on Public Radio
      Raul EscobarA new public radio story titled, Shortage of Foreign Language Interpreters Nags Nebraska Courts, has been added to NET’s radio Web page.  The story features Justice John Gerrard and Lincoln interpreters Raul Escobar (right) and Victoria Welles. 

      Excerpt: When Escobar took time between trials to talk about his job, it was on what seemed to be an exceptionally busy day. In fact, he explained nearly every day was this busy. That demand, he said, underscored the necessity of his work. "I don't think there is any reason we are obligated to do this other than morally. We provide these services for folks who are doing things that we don't approve of but we still want them to be fairly represented, to have a fair trial, to have an understanding of what they are being accused of and the penalties that come along with that."

      Click here to listen to the full story.

      Nebraska State Mock Trial Competition
      Skutt Catholic High School Top 2011 Mock Trial Team in Nebraska
      The State Bar Foundation completed their state high school Mock Trial Competition in early December with the cooperation of Judge Robert O'Neal, Sarpy County Separate Juvenile Court, and court staff who helped to host the two-day competition.  

      The "Green" team from Skutt Catholic High School in Omaha was awarded the Nebraska High School State Mock Trial title for 2011 and will compete on a national level in May 2012.

      Mock Trial Informational Video Uploaded
      To promote the Mock Trial program, the State Bar Foundation has created a video with excerpts of an interview with the Chief Justice and interviews with students including Connor Kozisek, son of District Judge Mark Kozisek.
      In the video, Judge Lyle Strom addresses the issue of why it is important for lawyers to become involved in law-related education:

      “We (lawyers), of course, constitute essentially the third branch of government.  If we are going to acquaint and educate people on their rights and teach them about how the law works in our society, it ought to be the lawyers.  It ought to be the third branch of government that gets involved in that educational program.  That seems to me to be one of the obligations we take on when we pass the bar and join the legal profession. We are here to improve the administration of justice for everyone in the community and there is no one who can do it better than the legal community itself.”

      Click here to view the video.

    Back to top

    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      Judicial Branch Education
      2011 Annual Report
      Click here to view the 2011 Year End Report for 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:

      • Judges Training for Trainers (March 14-16, 2012, location to be determined)
      • Meeting of the County Judges (April 2-3, 2012, in Omaha)
      • Cycle Two of New Probation Officer Training (begins April 2, 2012)
      • Probation Support Staff Training (March 19, 2012)
      • JUSTICE Training for 2012

      Judges’ Training for Trainers
      Judicial Branch Education is pleased to announce the receipt of a State Justice Institute (SJI) grant providing funding for the National Judicial College to conduct a faculty development conference for judges.  The conference will be held March 14-16, 2012, with the location to be determined (Omaha or Lincoln).  Joseph Sawyer, William Brunson and others will join JBE as faculty for this event.  All judges who enjoy teaching are invited. Please notify JBE if you are interested in attending this fully funded session.

      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
      February 27-March 2, 2012, North Platte. Registration Deadline: February 13, 2012
      April 16-20, 2012, Lincoln. Registration Deadline: April 2, 2012

      District Court
      February 7-9, 2012, North Platte. Registration deadline: January 24, 2012
      April 10-12, 2012, Lincoln. Registration deadline: March 27, 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 will be accepting requests for funds for the consortium until February 29 at which time a determination will be made how to allocate the funds reserved for the conference. Requests must be submitted prior to the end of February to be considered.

      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

      Dates Set for Interpreter Training
      Court Interpreter Orientation is scheduled for March 24 and 25, 2012, in Lincoln. Cost for Orientation is $100. Scholarships based upon financial need may be considered for qualified Nebraska applicants who are required to travel more than 100 miles (one way) to attend orientation.   

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

      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.

    Back to top

    PEOPLE

      Gerrard to Federal Court
      Justice John M. GerrardJustice John M. Gerrard has resigned his office as a judge of the Nebraska Supreme Court effective February 5, 2012, to accept his appointment as a federal judge for the United States District Court, District of Nebraska.

      In his letter of resignation to Governor Dave Heineman, Justice Gerrard noted, “It has been my honor, and a privilege, to serve the citizens of Nebraska as a Supreme Court Judge these past 16 ½ years.”

      Click here to read the full release.

      Photo: Bill Kelly, NET News

      Former Supreme Court Justice Shanahan Dies
      Former Federal and State Supreme Court judge, Thomas M. Shanahan, died December 27, 2011.  A joint memorial will be held in Omaha with the Federal District Court.

      Thomas M. Shanahan served the Nebraska Supreme Court from 1983 to 1993.  He was appointed March 24, 1983, to fill the vacancy created by death of Judge Clinton and resigned in 1993 to serve the federal bench.

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

      Presiding Judges of Nebraska County Courts
      Nebraska County Courts have submitted presiding judge nominees to the Supreme Court.  This year’s presiding judges are as follows; click on their name to read a press release concerning their appointment:

      1st

      Curtis L. Maschman

      2nd

      John F. Steinheider

      3rd

      Laurie J. Yardley

      4th 

      Susan M. Bazis

      5th

      Curtis H. Evans

      6th

      Kenneth Vampola

      7th

      Donna F.Taylor

      8th

      James J. Orr

      9th

      Graten D. Beavers

      10th

      Michael L. Offner  

      11th

      Michael E. Piccolo

      12th

      Kris D. Mickey

      New Court Personnel
      Danyel McCown, Records Clerk, Cass and Otoe Counties, effective December 27, 2011.
      Julie Armitage,
      Cashier, Douglas County, effective January 3, 2012.
      Janet McKittrick,
      Court Reporter, Douglas County, effective January 3, 2012.

      New Probation Personnel
      Michelle Bobier, Probation Officer Trainee, District #4J, Omaha, effective January 3, 2012.
      Jodi Busse, Quality Compliance Reviewer, AOP, effective January 17, 2012.
      Kathy Cummins, Staff Assistant, AOP, effective January 17, 2012.
      Nichlas Lurz, part-time Assistant Probation Officer and part-time Probation Officer Trainee, District #4A, Omaha, effective January 20, 2012.
      Kathryn Benish, part-time Probation Officer Trainee, District #12, Sidney, effective January 23, 2012.
      Nicole Tomlinson, Probation Officer Trainee, District #1, Wilber, effective January 23, 2012.

    Back to top

    COMMITTEES · COMMISSIONS



      Opinion Released by Judicial Ethics Committee
      The Judicial Ethics Committee has released an Opinion in response to the following question:

      What are a judge’s responsibilities under the Nebraska Revised Code of Judicial Conduct when an attorney informs the judge of misconduct by the attorney’s client, who is a personal representative in one of the judge’s probate cases, a guardian/conservator in other cases, and the spouse of a county court employee?

      Click here to read the Opinion.

      Counsel for Discipline Releases Ethics Advisory Opinion for Lawyers
      According to newly-released opinion No. 12-01, "A Nebraska Law Firm May Operate in Different Cities with Different Trade Names and Different Attorneys."

      Click here to read the full opinion.

      Judicial Qualifications Commission Annual Report
      The Commission on Judicial Qualifications has released its annual report. Click here to read the report.

      Progress Report Released by Nebraska Minority Justice Committee
      The 2011 report of activities and programs of the Nebraska Minority Justice Committee can be read by clicking here.

    Back to top

    RULE, FORM AND POLICY CHANGES


      Judgment Interest Rate
      Reminder: Effective January 19, 2012, the judgment interest rate is 2.056%.

      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.

      In-House Counsel Registration and/or Renewal Application
      Neb. Ct. R. ch. 3, art. 12, appendix 1 (Registration of In-House Counsel)
      (adopted January 25, 2012)

      Uniform Bar Exam
      Neb. Ct. R. §§ 3-101 to 3-116 (Admission Requirements for the Practice of Law)
      (adopted January 11, 2012, effective January 1, 2013)

      Request for copy of digital recording -- County Court
      Neb. Ct. R. § 6-1405 and Appendix 9 (Uniform County Court Rules of Practice and Procedure)
      (adopted November 23, 2011)

      Protection Order Dismissal Forms Updated
      Following a study led by Judge Richard Sievers, judges and staff determined that new Protection Order Dismissal forms were required in order to reflect the holdings of Mahmood v. Mahmud, 279 Neb. 390, 778 N.W.2d 426 (2010), and Holling v. Holling, 16 Neb. App. 394, 744 N.W.2d 479 (2008), as well as the amended version of Neb. Rev. Stat. 25-1319, effective January 1, 2012.

      Click here to read the full Administrative Announcement.

      The following new forms have been added to the Judicial Branch Web site forms page:

      • DC 19-16        Order Dismissing Petition without Hearing
      • DC 19-21.1     Order Dismissing Ex Parte Domestic Abuse Protection Order
      • DC 19-21.2     Order Dismissing Petition and Affidavit to Obtain Domestic Abuse Protection Order 
      • DC 19:21.3     Order to Grant Dismissal Domestic Abuse Protection Order
      • DC 19-22.1     Order Dismissing Ex Parte Harassment Protection Order
      • DC 19-22.2     Order Dismissing Petition and Affidavit to Obtain Harassment Protection Order
      • DC 19-22.3     Order to Grant Dismissal Harassment Protection Order 

      Forms are located on the “Full Forms” section of the Web site under District Court---Protection Order Forms: http://supremecourt.ne.gov/forms/index.shtml#district

    Back to top

    CALENDAR ITEMS

      2012 (holidays in red)  
      February 20 Presidents' Day
      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.
      • 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).

    Back to top

    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.

    Back to top

     

    Chief Justice Michael G. Heavican
    Janice K. Walker, State Court Administrator
    Ellen Fabian Brokofsky, State Probation Administrator


    This file last modified Wednesday February 01, 2012 15:26:08