Rule 11-16. Rules for Problem-Solving Courts

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Rule 11-16. Rules for Problem-Solving Courts

   A. Rules for operation of problem-solving courts in the 11th Judicial District.

   (1) All problem-solving courts, also denominated as specialty courts, and alternative disposition courts, shall be operated pursuant to and in compliance with chapter 6, article 12, of the Nebraska Supreme Court Rules regarding trial courts.

   (2) Before commencing any operations, all problem-solving courts to be operated in the 11th Judicial District shall be approved by the Nebraska Supreme Court.

   B. Presiding judge; assignment of judges; and succession plan for problem-solving court judges.

   (1) The 11th Judicial District's Problem-Solving Court programs shall be presided over by a district judge selected by the district court judges or in the case of Family Dependency Courts, a county judge sitting as a juvenile court judge.

   (2) The district judges, with the consent of the assigned judge, shall appoint such duty judges as are necessary to perform the judicial duties required by the Drug Courts, Young Adult Drug Courts, Reentry Courts, Veterans Treatment Courts, and Mental Health Courts in the district. The county judges, with the consent of the assigned judge, shall appoint such duty judges as are necessary to perform the judicial duties required by the Family Dependency Courts in the district.

   (3) The presiding and problem-solving court duty judges so appointed shall serve in any or all of the divisions of the problem-solving court and may serve under a temporary or permanent assignment. A permanently assigned judge shall serve a term of not less than 3 consecutive years. A temporary judge assignment shall not exceed 1 year and shall be a transitional or interim position.

   (4) Prior to assuming the position of a problem-solving court judge, or as soon thereafter as is practical, the assigned judge shall attend a judicial training program administered by the National Drug Court Institute or other  training program approved by the State's Problem-Solving Court Coordinator. At least every 3 years after the initial training, each problem-solving court judge shall attend training events complying with the Nebraska Problem-Solving Court standards.

   (5) On or before May 1, 2017, and every 3 years thereafter, the appropriate judges, with the consent of the assigned judge, shall appoint a successor duty judge who shall immediately succeed the presiding judge in the event of the presiding judge's death, disability, retirement, resignation, removal, elevation to another court, or failure to be retained. Such successor judge shall attend training in advance of service, pursuant to subsection (4), to allow the successor judge to immediately assume the position of presiding problem-solving court judge upon the occurrence of a vacancy.

   (6) As of the date hereof, the following judges shall preside in the district's problem-solving courts:

   (a) Adult Drug and Young Adult Drug Court

   (i) Presiding and duty judge(s): James E. Doyle IV, District Judge

   (ii) Successor duty judge(s): Dawson County--Jeffrey M. Wightman, County Judge; and Lincoln County--Michael E. Piccolo, County Judge

   (b) Veterans Treatment Courts: none in operation

   (c) Reentry Courts: none in operation

   (d) Mental Health Courts: none in operation

   (e) Family Dependency Courts: none in operation

Rule 11-16 approved May 10, 2017.