Nebraska Supreme Court Among Nation's Top Ten Most Influential
Nebraska’s State Supreme Court is ranked among the top 10 most influential state supreme courts in the United States, according to preliminary findings of a study published in December by the UC Davis Law Review (University of California, Davis).

The study, which was highlighted in a March 3, 2008, article in the National Law Journal and a March 11, 2008, legal affairs column of the New York Times, examined 66 years of decisions by state supreme courts nationwide.

Nebraska ranked ninth on the list of state supreme courts' decisions followed five or more times by out-of-state courts between 1940 and 2005.

According to the National Law Journal article, “The research uses a new technique of ranking states by opinions that have been most frequently “followed” by other states, using all opinions issued during the past 65 years.”

The findings were reported in the UC Davis Law Review essay, “Followed Rates” and Leading State Cases, 1940-2005. Click here to read the essay.

Supreme Court Authorizes Television News Cameras in Trial Courts
Judges Dan Bryan and Paul Korslund of the 1st Judicial District are establishing a pilot project to test the use of still and video news cameras in their courtrooms. On March 12, 2008,the Nebraska Supreme Court approved local court rules for the two judges allowing expanded news coverage by broadcasters for trials held in courtrooms where they preside.

News stations will have restrictions on which portions of a trial can be covered, similar to the restrictions developed by the Iowa Supreme Court. All proceedings required by law to be private will be strictly prohibited from media coverage. In addition, expanded media coverage of cases with juveniles, child custody, police informants, undercover agents and similar witnesses are prohibited unless consent of all parties to a case is obtained.

Full Press Release Online

1st Judicial District Expanded Media Coverage Rules Online

March is Declared Mediation Month for Nebraska
The Nebraska Supreme Court Office of Dispute Resolution kicked off the celebration of mediation month in Nebraska with a proclamation signing by Governor Dave Heineman at the State Capitol on March 13, 2008. The ceremony recognized the services provided by the Nebraska Office of Dispute Resolution and ODR-approved mediation centers, along with the over 20,000 cases mediated since the establishment of the dispute resolution network in 1992.

This year’s resolution provided specific recognition of the benefits of mediation to Nebraska’s youngest citizens – children – who are sadly and unfortunately caught in the middle of parental child abuse and neglect and domestic relations conflicts. The proclamation stressed that mediation offers an experienced, knowledgeable process to address the needs and interests of children in a safe, child-centered and timely way.

Congratulations to the Office of Dispute Resolution and the six approved non-profit mediation centers: The Resolution Center, Beatrice; The Mediation Center, Lincoln; Nebraska Justice Center, Fremont and Walthill; Concord Center, Omaha; Central Mediation Center, Kearney; and Center for Conflict Resolution, Scottsbluff.

Congratulations also to the Douglas County District Court Conciliation and Mediation Office.

Contact Debora Brownyard, Director, Office of Dispute Resolution, 402-471-2766, dbrownyard@nsc.state.ne.us.

Celebrating Law Day: Ninth Annual Law Day Essay Contest
The Nebraska State Bar Foundation and the Nebraska Supreme Court are sponsoring the Ninth Annual Law Day Essay Contest for 7th through 12th graders. Winners will be selected from each grade level, and they, their teachers and parents will be invited to a special recognition luncheon on May 5, 2008, at Nebraska Educational Telecommunications (NET) studios in Lincoln. After students are recognized for their achievements, they and other guests will have an opportunity to ask questions of the Chief Justice, Justice John Gerrard, Judge Frankie Moore and Judge Rett Inbody. This one-hour program will be telecast to schools around the state where participants may phone or email questions to also be answered live, on the air.

Through the process of a drawing, one essay contest winner will receive a scholarship, valued at $2,300, to attend the 2008 National Student Leadership Conference (NSLC).

Celebrating Law Day: Sixth Annual Job Shadowing for Fifth Graders
The Nebraska State Bar Foundation and the Supreme Court are once again sponsoring Law Day Job Shadowing for fifth graders. Students spend at least one hour with lawyers and judges while learning more about careers in law and the importance of working hard and staying in school.

Students prepare for the visit in their classrooms by engaging in lessons related to the Law Day theme. The Foundation is also providing lessons promoting anti-bullying behavior for these elementary students.

Courts participating in this year’s program are: The Winnebago Tribal Court, Saline County, Platte County, Antelope County, Holt County, Sherman County, Kimball County, Buffalo County, Garden County, Pawnee County, and Hooker County.

For more information on Law-Related Education programs, go to www.nebarfnd.org/lre.html.

Legislation to Watch
With less than a month to go in the legislative session, the Capitol is a flurry of activity, and many of the bills that we have been tracking are moving ahead in the process. To view the status of legislation tracked by the Administrative Office of the Courts, click on Bill Listing.

The legislative session is scheduled to end on April 17, 2008. The next Administrative Memorandum will contain a complete list of new laws, the dates they go into effect, how they will affect your courts and what your AOC is doing to prepare for the changes. Meanwhile, if you have any questions, contact Sheryl Connolly.

Contact Sheryl Connolly, Trial Court Services Director, 402-471-2671, sconnolly@nsc.state.ne.us.

Through the Eyes of the Child Initiative
Local teams in Douglas, Sarpy and Lancaster counties recently attended a presentation entitled "The Safety-Permanency Balance" by Andy Barclay of Fostering Court Improvement which addressed local child welfare data in their communities. To see a summary of the presentations, click here. The Powerpoint presentations can be accessed at www.throughtheeyes.org. Data on every Nebraska county can be found here.

Registration is now open for the 2008 Through the Eyes of the Child Spring Lecture Series in Grand Island, Sidney and Lincoln. View the brochure for the Lecture Series here.

To learn more about the 'Helping Babies from the Bench' presentation, please click here .

Attendance at any Lecture Series presentation will satisfy credit requirements for 2008 for Supreme Court Advanced Guardian ad Litem (GAL) training. The Supreme Court rule on GAL training can be found here .

Contact Kelli Hauptman, Staff Attorney, Center on Children, Families and the Law, 402-472-3927, khauptman2@unlnotes.unl.edu.

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Information Gathered Through the Press Clipping Service

Controversy Over Courtroom Furnishings
The new Saunders County Law Enforcement and Judicial Center will be outfitted with new furnishings rather than moving the old furniture.  The board of supervisors voted to leave the existing courtroom as is at the present time.

Ashland Gazette, February 21, 2008

Editorial Wants Western Nebraska Judges Left Alone
According to an editorial in the Scottsbluff paper, eastern Nebraska should not raid western Nebraska courts for more judges.  The paper discussed LB 1014 quoting Senator Deb Fischer from Valentine as saying, “. . . I’m from rural Nebraska, and our citizens need to be represented, too.”

Scottsbluff Star Herald, February 27, 2008

Children Out of Middle; Put in Center
A story about Douglas County’s Parenting Plans (rule 4-3) and the new Parenting Act made the front page of the Daily Record, complete with photo of conciliation court director, Lorin Galvin. The article outlined the provisions of the Parenting Act and quoted Senator Mike Flood on his interest in mandating mediation.  Judge Alan Gless of Seward was quoted as having had a parenting class requirement in place for the past several years: According to Gless, “More frequently in recent years, we’ve seen more mediated (cases) and more parenting plans.”

The Daily Record, February 29, 2008

Work Ethic Camp Commended
The Work Ethic Camp in McCook was credited with saving area communities more than $1 million thus far.  The article outlined the structure and benefits of the WEC work crew program.  According to the work crew coordinator, “I think we’ve washed every fire truck from Arapahoe to Benkelman.”

McCook Gazette, February 29, 2008

Civics Lesson in Columbus
Judge Frank Skorupa became the focus of a detailed story on the “Citizen Police Academy” in Columbus.  The news writer profiled Judge Skorupa’s presentation including a walk-through of a hypothetical DUI case.

Columbus Telegram, March 4, 2008

McGinn Nominated to Industrial Relations
As reported in the “People” section of this Administrative Memorandum, Retired District Judge Bernie McGinn was nominated to the Commission on Industrial Relations by the Governor.  The release ran in several Nebraska newspapers.

Lincoln Journal Star & Omaha World Herald, March 12, 2008

Cameras in the Courtroom Commentary
Professor Richard Shugrue compared the television cameras of yesteryear with the hoop skirt in a commentary congratulating Judges Korslund and Bryan for approving television coverage of trials in their courtrooms.  Shugrue contended that today’s cameras are no longer cumbersome or distracting and should be authorized in trial courts.

The Daily Record, March 20, 2008

Omaha Probation Victim Specialist Receives Award 
Maureen Rohlfing, Victim Specialist for the probation system, received the Purple Ribbon award from the Domestic Violence Coordinating Council in Omaha.  According to the DVCC, Rohlfing’s work has had a significant impact on the Omaha community in the area of domestic violence.

The Daily Record, March 25, 2008

Contact Janet Bancroft, Public Information Officer, 402-471-3205, jbancroft@nsc.state.ne.us.

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County Court Presiding Judges for 2008
Below is a complete list of presiding judges for 2008. To read the full press release for each, click on their name.

1st Steven B. Timm
2nd Jeffrey J. Funke
3rd Susan Strong
4th Thomas G. McQuade
5th Curtis H. Evans
6th Kurt T. Rager
7th Ross A. Stoffer
8th Gary G. Washburn
9th David A. Bush
10th Robert A. Ide
11th Kent Florom
12th Randin A. Roland

JUSTICE Team Welcomes Two New Business Analysts
Leigh Thomas and Sue Nieto have joined the JUSTICE team as Business Analysts.  Leigh, who replaced Kate Miller, began work on January 7, 2008, as a County Court JUSTICE Business Analyst.  She comes to JUSTICE from the Burt County Court where she was an Assistant Clerk.  Leigh works out of the Burt County Courthouse and can be reached at 402-808-4950 or emailed at lthomas@nsc.state.ne.us.

Sue Nieto, who replaced Judy Anderson, joined the JUSTICE team after 28 years of experience in the Adams County District Court where she was Clerk of the District Court.  She joined the team as a District Court Business Analyst on February 4, 2008.  Sue works out of Omaha and can be reached at 402-595-1232 or emailed at snieto@nsc.state.ne.us.

New Probation Personnel
Corrine Forbes, AmeriCorps Program Specialist, District #3, Wahoo, effective March 3, 2008.
Julie Pesek, Treatment Probation Officer, District #5, Papillion, effective March 3, 2008.
Crystal Hestekind, Probation Officer, District #2, Wayne, effective March 7, 2008.
Ashley Baustert, Probation Officer, District #6, Lincoln, effective March 10, 2008.
Jill Sucha, Probation Officer, District #5, Papillion, effective March 10, 2008.

New District Court Personnel
Chrystine Setlik, Clerk of the District Court, Adams County, effective March 3, 2008.

McGinn Nominee to Commission of Industrial Relations
Retired District Judge Bernard J. McGinn of Lincoln was nominated by Governor Heineman on March 11, 2008, to serve on the Commission of Industrial Relations. “Judge McGinn is eminently qualified to serve as a member of the Commission of Industrial Relations,” Governor Heineman said. “He has a reputation of bringing a common sense approach to his work, which together with his extensive legal expertise, makes him an excellent candidate. I am requesting expedited consideration of this appointment by the Legislature.” Judge McGinn began his judicial career in 1981 and served as a District Judge for Nebraska’s Third Judicial District until his retirement in 2005. He earned his B.A. in 1965 from the University of Nebraska-Lincoln and graduated from the University of Nebraska-Lincoln College of Law in 1969. Judge McGinn received numerous awards and recognition over the course of his 25-year judicial career.

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Judicial Nominating Commission
Public Hearing Regarding District Court Judge Vacancy, 3rd Judicial District
The Judicial Nominating Commission for District Judge in the 3rd Judicial District (Lancaster County) will hold a public hearing in the Supreme Court Courtroom at the State Capitol in Lincoln, Nebraska, beginning at 10:00 a.m. on Tuesday, April 8, 2008.

A listing of the members of the Judicial Nominating Commission can be found on the Nebraska Judicial Branch Web site at www.supremecourt.ne.gov/commissions/jnc-dc3-roster.shtml. Click here for the press release announcing lawyers who have submitted their names for the judgeship.

County Court Caseload Committee
As the result of concerns regarding inequities on the Administrative Office of the Court's Caseload Per Full-Time Equivalent Report, a newly-appointed committee has begun looking at the way the AOC measures workload for county court employees. The committee is chaired by Hon. Frank Skorupa, Platte County Court, and has the following members: Hon. Doug Luebe, Cedar County Court; Hon. Charles Plantz, Sheridan County Court; Hon. Laurie Yardley, Lancaster County Court; Leslie Douglas, Judicial Administrator, Douglas County Court; Vicki Kuhlmann, Clerk Magistrate, Burt and Washington Counties; Randy McCoy, Clerk Magistrate, Lincoln County; Justice B.A. Gretchen Wiebe and Sheryl Connolly, AOC.

The committee held its first meeting on March 14, 2008. JUSTICE will be conducting a survey of courts and reviewing information gathered and other sources to determine a more accurate way to measure employee workload.

Preliminary information gathered for the committee has confirmed that transcribed judgments and post-judgment activity for civil cases have skyrocketed in many courts, straining staff resources.

The information gathered and recommendations made by the committee will be used by the AOC for budget planning and support, determining staffing recommendations and prioritizing technology updates and other changes which might help our magistrates and staff deal with the challenges of our changing court communities.

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Printing of Paycheck Stubs
Help Desk Information
For employees who continue to have problems printing paycheck stubs, please contact the Department of Administrative Services Help Desk. DAS Help Desk staff have been assisting individuals, particularly those where the entire pay stub will not print. The phone number to call is 402-471-4636.

Employment Poster
Military Family Leave Notice
A new Military Family Leave Notice was recently emailed with a poster which explains the new leave rights for eligible employees related to military service. This information should be posted in all court offices.

Contact Judy Beutler, Deputy State Court Administrator, 402-471-2921, jbeutler@nsc.state.ne.us.

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Supreme Court Rule Amendments
Child Support Guidelines Basic Subsistence Limitation
The Nebraska Supreme Court adopted an amendment on February 27, 2008, raising the Child Support Guidelines Basic Subsistence Limitation (paragraph R) from $851 to $867 net monthly for one person. Click here to read the Guidelines.

Interim Rule for Electronic Filing and Service System
The Nebraska Supreme Court approved an amendment to the Interim Rule for Electronic Filing and Service System (Pilot Project) March 12, 2008, changing the court-authorized service provider for the pilot project from Lexis-Nexis to Nebraska.gov and the State of Nebraska Office of the Chief Information Officer. Click here to read the amendment.

Rules for Expanded Media Coverage in Nebraska Trial Courts: First Judicial District
On March 12, 2008, the Nebraska Supreme Court approved local court rules for the First Judicial District allowing experimental video coverage by broadcasters for trials held in courtrooms. Click here to read the rule.

Courtroom Media Coverage Pilot Project
On March 12, 2008, the Nebraska Supreme Court approved amendments to the Rules of the District Court of the Third Judicial District pertaining to the publication of courtroom proceedings through a pilot project of the Third Judicial District in courtrooms. Click here to read the amendment.

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Office of Dispute Resolution
Nebraska Parenting Act - Qualified Mediators
The Nebraska Parenting Act sets forth the required qualifications for mediators who wish to mediate parenting plans under the Act. Neb. Rev. Stat. Section 43-2938 (Cum. Supp. 2007) describes the requirements as including: (a) training for regular family mediators, which includes a 30-hour basic mediation training; (b) a 30-hour family mediation training approved by the Office of Dispute Resolution, and (c) having served as an apprentice mediator as defined in section 25-2903. The Act further specifies that mediators have (d) an additional 24-hour advanced specialized alternative dispute resolution (SADR) training for mediators involved with parents in high conflict cases and those situtations in which domestic abuse is present.

Under the Act, as long as a mediator meets the Act's qualifications, he or she may mediate a parenting plan case. However, under current law, there is no statewide mediator-approval entity or process. That may change if LB1014 passes, which amends the 2007 Parenting Act. If that passes, the State Court Administrator's Office will be charged with that responsibility.

Unless and until that contingency occurs, the only entities that approve mediators as meeting the Parenting Act's requirements are the regional ODR-approved mediation centers and the Douglas County Conciliation and Mediation Office. The ODR-approved mediation centers and affiliated mediators comply with the Office of Dispute Resolution Manual of Standards and Ethics, which include mediator ethics of confidentiality, impartiality, and conflict of interest, as well as requirements for evaluation and continuing education for parenting plan mediator certification. Click here for the manual and related information.

Contact Debora Brownyard, Director, Office of Dispute Resolution, 402-471-2766, dbrownyard@nsc.state.ne.us.

Judicial Branch Education
Probation Trainer Recognition
Through the Office of Probation Administration’s statewide implementation of Evidence-Based Practices (EBP), a tremendous amount of training has been conducted in the last two years. The vast majority of Probation’s training is conducted by internal trainers such as line staff, supervisors and administrators. Over the last two years, the trainers within Probation have gone above and beyond to move forward with statewide EBP efforts. This has been accomplished through a variety of ‘Training for Trainers’ efforts, expanding new probation officer training, and statewide training on key elements such as the Level of Service/Case Management Inventory (LS/CMI), Motivational Interviewing, Case Planning, and new policies. These trainers take time out of their schedules to prepare and conduct trainings while juggling their other duties. The Office of Probation Administration would like to express sincere appreciation to these trainers for all of the hard work they have done, and continue to do. To see a listing of trainers by topic, please click here.

Contact Monica Miles-Steffens, Probation Education Manager, 402-471-4486, monica.miles-steffens@nsc.ne.gov.

Court Personnel Training
“Dealing with Difficult Customers at the Counter and on the Phone” is the subject of a breakout session added to the agenda for the new employee orientation. The session is available for registration on the Web site.

Large numbers of registrants at the Regional Training for “Assisting the Self-Represented Litigant” in Kearney necessitated a venue change for the April 21, 2008, training. The April 23, 2008, Self-Represented Litigant training for judges has been moved from Valentine to Norfolk to conserve on mileage for judges’ travel. Registrants should check their email for the most current training site.

October 15, 2008, has been set for the Court Stenographer training which will be held at Mahoney State Park.

Contact Carole McMahon-Boies, Director, Judicial Branch Education, 402-471-3072, cmcmahonboies@nsc.state.ne.us.

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Judicial Branch Education Meetings/Trainings
For a complete listing of Judicial Branch Education offerings, click here.

Contact Carole McMahon-Boies, Director, JBE, 402-471-3072, cmcmahonboies@nsc.state.ne.us.

Probation Education Meetings/Trainings
For a complete listing of Judicial Branch Education offerings, click here.

Contact Monica Miles-Steffens, Probation Education Manager, 402-471-4486, monica.miles-steffens@nsc.ne.gov.

Upcoming 2008 State Holidays
April 25, Arbor Day
May 26, Memorial Day
July 4, Independence Day
September 1, Labor Day
October 13, Columbus Day
November 11, Veteran's Day
November 27 – 28, Thanksgiving Day & Friday following
December 25, Christmas Day

Filing and Reporting Requirements
•Statement for Payment of Interpreters: Interpreter to submit 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.
• Stenographer Transcription Reports: Due by the 10th day of each month.
• Cash Drawer Short/Long Transactions (County Court only): 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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