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Administrative Memorandum 08-4 | April 2008

  • Special Projects & Events
  • In the News
  • People
  • Committees · Commissions
  • Payroll/Benefits
  • Rule, Form & Policy Changes
  • Admin Office of the Courts & Probation
  • Calendar Items
  • Miscellaneous
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    SPECIAL PROJECTS & EVENTS


      Celebrating Law Day: Ninth Annual Law Day Essay Contest
      National Jury Consultant, TV Commentator to Facilitate Student Q & A in Celebration of Law Day
      Dr. Paul Lisnek, a lawyer and jury consultant from Chicago, Illinois, will moderate a panel of Nebraska appellate court judges in a program originating from Nebraska Educational Telecommunications studios on Monday, May 5, 2008, from 12:30 to 1:30 p.m., Central Time.  Students throughout Nebraska in grades 7 through 12 will have an opportunity to interact with Lisnek and the judges, including Chief Justice Michael G. Heavican and Justice John M. Gerrard, Nebraska Supreme Court, and Judge Everett O. Inbody and Judge Frankie J. Moore, Nebraska Court of Appeals.  Lisnek appears frequently on CNN and can be heard as a regular legal expert for radio stations around the nation.  He has been featured and appeared frequently on NBC News (Today Show and Nightly News), MSNBC, MTV, WGN-TV and Court TV.

      The event is in celebration of the 50th anniversary of Law Day and will be delivered live via satellite to schools and Educational Service Units throughout the state.  The event also commemorates the Ninth Annual Law Day Essay Contest, sponsored by the Nebraska State Bar Foundation and the Nebraska Supreme Court.  Essay contest winners will be recognized at a special luncheon prior to the program, and one student winner will receive a scholarship to attend the National Student Leadership Conference on a major university campus this summer.

      Student essayists were asked to address a question related to First Amendment Rights, specifically about free speech.  The Question and Answer session between students and panelists will also focus on these issues.

      The American Bar Association has set the following theme for the 50th Anniversary celebration of Law Day:  "The Rule of Law:  Foundation for Communities of Opportunity and Equity." 

      More information about the Law Day Essay Contest and other law-related education programs co-sponsored by the judicial branch and the Nebraska State Bar Foundation may be found on the Foundation’s website. (http://www.nebarfnd.org/lre.html)

      May is National Drug Court Month in Nebraska
      A public proclamation signing ceremony was held last month at the State Capitol declaring May as Drug Court Month in Nebraska. The proclamation, signed by Governor Dave Heineman, was presented to Statewide Coordinator for Problem-Solving Courts Scott Carlson, who accepted on behalf of the 21 operational drug and problem-solving courts across Nebraska.

      Nebraska currently has a variety of drug and problem-solving courts in more than half of the 12 judicial districts across the state. Twenty adult, juvenile, and family drug courts along with other problem-solving courts can now be found in courthouses spanning from Gering to Omaha, with one more currently under development.

      According to the Governor’s proclamation, May has been designated as Drug Court Month in honor of the judges, prosecutors, defense attorneys, substance abuse treatment and rehabilitation professionals, law enforcement, probation and other supervision personnel, researchers and educators and community leaders who have dedicated themselves to the drug court movement – all of whom have had a profound impact on the court system and their communities.

      Legislation Wrap-Up
      The 2008 legislative session ended on April 17, 2008. The celebrations are over and we are hard at work preparing to implement the bills which will affect the courts. To view the AOC's complete list of court-related bills which passed, and a detailed breakdown of LB 1014, click on Bill Listing.

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

      Through the Eyes of the Child Initiative
      Information on the Children in Court Study currently being conducted in Lancaster County and the statewide Pre-Hearing Conference Study is available on the Through the Eyes Web site, www.throughtheeyes.org, under Research.

      More information on 2008 Advanced GAL Training required by the Nebraska Supreme Court is now available under Guardians ad Litem on the Web site.  GALs attending any presentations from the 2008 Lecture Series will satisfy requirements for 2008.

      Team Pages are now open.  Each local team has a password-protected Team Page where team members will be able to interact by submitting comments on discussion boards, posting minutes, agendas and other documents from meetings, and setting events on the team calendar.  A video tutorial on the Team Pages is available at www.throughtheeyes.org/team-pages-tutorial/.

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

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    IN THE NEWS


      Information Gathered Through the Press Clipping Service

      Paying Traffic Tickets Online
      Several papers ran the press release regarding paying traffic tickets online. Articles ran in: FairburyJournal-News, Coleridge Blade, Valentine Midland News, and Grant Tribune-Sentinel.

      February & March 2008

      Guardianship Classes
      The Court’s training program for guardians received good reviews in an article quoting UNL Extension educators, attorneys and program participants.  In reviewing the history of the program, Judge Curtis Evans -- who helped begin the program with UNL Extension and the NSBA -- was quoted saying, “We just felt that we could present something better.”  According to the article, the program is seeking to expand its volunteer base and translate forms into Spanish.

      Valentine Midland News and the Red Cloud Chief, March 5, 2008

      CASA Volunteers Sworn in
      A background article on the Court Appointed Special Advocate program in Plattsmouth outlined the beginnings of the office as an expansion of the Sarpy County program.  Quoting Sarpy County director, Georgie Scurfield, CASA volunteers act as advocates for children, both in and out of court.

      Plattsmouth Journal, March 13, 2008

      Supreme Court Duties Outlined
      In a statewide column written by Statehouse Correspondent for the Nebraska Press Association Ed Howard regarding the on the Legislature’s need to redefine “primary land for agricultural purposes, the columnist wrote:  “The view from here:  The mess remains destined to land before the Nebraska Supreme Court.  The Supreme Court is not unlike a housecleaning crew.  The fact that it tidies up one mess doesn’t mean that another one, maybe bigger, isn’t in the offing.”

      March 2008

      Courthouse Security Plans for York
      County officials and employees in York have been formulating a plan to beef up security for the courthouse. After consultation with the U. S. Marshall’s office and visits to other public facilities around the state, the commissioners are ready to take bids on the improvements.  The county board members said they are especially concerned with safety measures when it comes to the courtrooms and the safety of the judges, attorneys, court workers and the public.

      York News-Times, March 14, 2008

      Jury Scam Warning
      An article warning individuals not to give out their social security numbers to individuals posing as jury coordinator was published.  According to the FBI, callers say that an arrest warrant has been issued in the recipient’s name that can be verified once personal information is given.

      Loup City Sherman Co. Times, March 12, 2008

      Tough Teen Court
      In an article promoting the Teen Court in Lincoln County, Substance Abuse Coordinator Amber Berliner is quoted: “People think that someone’s juvenile record simply disappears into thin air.   It doesn’t.  The mistakes you make as a juvenile can affect the rest of your life.”  Teen court was reported as a positive, serious experience that can benefit many young adults within a community – particularly those who want to pass into adulthood without a court record.

      North Platte Telegraph, March 19, 2008

      Law Day Luncheon
      Headlined with “Panel of judges ‘comes’ into classrooms in state,” the Norfolk paper reported on the Bar Foundation and Supreme Court’s educational television downlink to schools throughout Nebraska. (See first article in the Administrative Memo).

      Norfolk Daily News and Omaha Daily Record, April 2008

      New Parenting Plan
      The new Parenting Plan legislation was reported as intending to keep children at the center, rather than in the middle of divorcing parents. The article, picked up from the ‘Nebline’ newsletter of the Nebraska Extension office, outlined the provisions of LB554 passed last year by the Nebraska Unicameral.

      Hickman Voice News, April 3, 2008

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

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    PEOPLE


      Third Judicial District Judge Appointed
      On May 2, 2008, Gov. Dave Heineman announced the appointment of Robert Otte of Lincoln to serve as district court judge for the Third Judicial District, which encompasses Lancaster County.

      Otte graduated from UNL in 1978 and received his law degree from the UNL College of Law in 1981.

      New Probation Personnel
      Tiffany Cheshier, Probation Officer, District #16, Fremont, effective April 1, 2008.

      Probation Administrator Named President of National Organization
      State Probation Administrator Ellen Brokofsky was recently elected President of the National Juvenile Court Services Association. The primary goal of the group is to train and educate court personnel in matters of improving juvenile justice systems through court administration, management and service delivery techniques. The organization works closely with the National Council of Juvenile and Family Court Judges to plan and coordinate education programs targeted at improving juvenile justice services and administration.

      National Judicial College Attendees
      District Court Judge Max Kelch and County Court Judge Jeffrey J. Funke, both from courts in Sarpy County, recently completed coursework at the National Judicial College (NJC) in Reno, Nevada. Click here to read the press release.

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    COMMITTEES · COMMISSIONS


      Automation Advisory Committee
      Marjorie Schaffer of Madison District Court has been appointed to the Automation Advisory Committee to fill the term of Sue Nieto who is now a Business Analyst with the JUSTICE team at the State Court Administrator’s Office.

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    PAYROLL / BENEFITS


    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 will assist with all problems. The phone number to call is 402-471-4636.

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    RULE, FORM AND POLICY CHANGES


      Supreme Court Rule Amendments
      Neb. Ct. R. of Dist. Cts. 21 and Appendix 3
      On April 16, 2008, the Nebraska Supreme Court adopted Neb. Ct. R. of Dist. Cts. 21, PROTECTION OF PERSONAL AND FINANCIAL INFORMATION IN CIVIL COURT RECORDS, and Appendix 3, a form on which to include personal and financial information. The privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska. Click here to read the rule.

      Neb. Ct. R. of Cty. Cts. 64
      On April 16, 2008, the Nebraska Supreme Court adopted Neb. Ct. R. of Cty. Cts. 64, PROTECTION OF PERSONAL AND FINANCIAL INFORMATION IN COURT RECORDS. To the extent applicable to proceedings within the jurisdiction of the county court, Neb. Ct. R. of Dist. Cts. 21 shall govern orders, filings, documents, and pleadings in the county courts. Click here to read the rule.

      Judgment Interest Rate
      Effective April 17, 2008, the judgment interest rate changed to 3.532% .

      Personnel Policies and Procedures Amended
      On April 23, 2008, The Supreme Court adopted the following changes to the Personnel Policies and Procedures:
                 
      1.  New language has been added regarding Nepotism.

      Nepotism
      An employee shall not engage in nepotism, in connection with the hiring, discharge, or treatment of persons who are or may be under the employee’s supervision.  “Nepotism” means the participation by an employee in any action relating to the employment or discipline of a member of the employee’s family, including advocating, authorizing, or otherwise causing the employment, appointment, promotion, transfer, or advancement of a member of the employee’s family, or supervising or managing any member of the employee’s family. For purposes of this policy, member of the employee’s family means grandfather, grandmother, mother, father, son, daughter, brother, sister, uncle, aunt, first cousin, nephew, niece, husband, wife, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepdaughter, stepson, stepbrother, stepsister, half brother or half sister.

      Adopted 4-23-08

       2. Language regarding the lateral transfer option has been deleted. 

      Although the option of a lateral transfer has been eliminated, there remains a requirement to interview current employees who meet the qualifications for the vacant position. Also, vacancies will continue to be advertised internally before they are advertised externally.

      3.  Language was added to clarify the rule on Educational Reimbursement.

      This clarifies that an employee is eligible to apply for tuition reimbursement after he or she has successfully completed the original provisional period.

      The complete manual can be found online at www.supremecourt.ne.gov/administrative-offices/human-resources/pdf/personnel-policies.pdf.  The amended form for Tuition Reimbursement can be found online as well at www.supremecourt.ne.gov/administrative-offices/human-resources/pdf/tuition-reim-form.pdf.

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

      Updated Records Retention Schedules
      New District Court and Juvenile Court Records Retention Schedules have been approved and uploaded to the Secretary of State's Web site. Records retention schedules can be accessed from the Judicial Branch Web site by checking the index page under "Court Community" (horizontal menu at top of web page)

      District Court Records Retention Schedule
      Direct link: www.sos.ne.gov/records-management/pdf/8-District%20Court%20-WEBSITE.pdf

      Juvenile Court Court Records Retention Schedule
      Direct link: www.sos.state.ne.us/records-management/pdf/80-Juvenile%20Courts-WEBSITE.pdf

      A new county court records retention schedule should be available within the month. These record retention schedules will be reviewed and updated annually beginning January, 2009. Please email any omissions, questions or suggestions to Sheryl Connolly.

      NOTE: Record retention and disposition schedules are designed to serve as the records management guideline for storing or disposing of court records (regardless of the media on which the records reside). Please remember that the only ongoing authority to dispose of records is provided by these State Records Administrator-approved schedules. Additional instructions and contact information regarding their use can be found in the schedules under "instructions for using this schedule". Below are some basic procedures to follow when using them:

      DISPOSING OF RECORDS
      • Check schedules to ascertain the appropriate retention period. Note: Each agency's unique schedule will take precedence over General Records Schedule #124 for any items which have differences in retention requirements.

      • Dispose of records that have met their retention periods.

      • Complete a Records Disposition Report for the records disposed. The Records Disposition Report form (RMA 036006D) is the last page contained in either schedule (electronic form attached). Complete the form, make a photocopy for office records, and send the completed form to the Records Management Division. This report establishes that the destruction was performed in the normal course of business.

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

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    ADMINISTRATIVE OFFICE OF THE COURTS & PROBATION


      E-Filing Update
      Judge William Cassel, chairman of the Nebraska Supreme Court Technology Committee, authored a column for Attorney Bill Olson’s “Bar Bytes” article in the May 2008 Nebraska Lawyer Magazine. The column addresses the progress of electronic filing (e-filing) of documents with Nebraska trial courts. To read the article, click here.

      Information Technology and JUSTICE
      E-Filing
      Sarpy County Court began a new E-filing service with Nebraska.gov on April 11, 2008.  Lancaster County District Court was scheduled to be launched in early May, and testing will be completed on the district court side.  Collaborating with JUSTICE will be the Lancaster County Attorney's Office, using e-filing with Nebraska.gov.  Scotts Bluff County District Court service is scheduled to begin in late May, with the goal being to add additional courts beginning in July, 2008. 

      During the LexisNexis project, which ended March 31, 2008, a total of 1,335 cases were filed in the Sarpy County Court with 3,323 subsequent e-filings.  The total number of cases filed in the Lancaster County District Court was eight with 60 subsequent cases filed.  Appreciation is extended to the Sarpy County Court and the Lancaster County District Court for their participation and advice during the pilot phase of the E-filing project.  The year-long test resulted in 4,726 electronic filings.

      E-Payment
      There are 70 county courts using the E-payment application, with another 11 due to begin on May 27, 2008.  The goal is to have all 93 county courts offering this payment method by the end of June, 2008.  During March, 2008, 681 E-payments totaling $97,816.84 were collected using the online payment system (https://www.nebraska.gov/courts/citations/).

      JUSTICE Docket
      There are 83 county courts actively using Docket and 10 county courts that have been trained and/or are awaiting cases or equipment to begin using Docket.  There have been 276,884 court proceedings have been entered on this application.

      JUSTICE Juvenile Docket
      Sixty-four county courts and the Separate Juvenile Court of Lancaster County are using the juvenile Docket. Coding is being developed for the 3A portion of the application, which is expected to be completed in the summer of 2008.  More than 3,356 court proceedings have been entered on this application.

      JUSTICE Court Case Search Calendar
      The JUSTICE Court Case Search Calendar is generating traffic. The table below represents the number of requests on the Web site for this application (www.nebraska.gov/courts/calendar/index.cgi).  This should result in fewer calls to the trial courts regarding scheduling information.

                  December 2007          2,188
                  January 2008             9,744
                  February 2008         15,120
                  March 2008              17,939

                  Total                           44,991

      Imaging
      As of April 17, 2008, there are 41 district courts and 11 trial courts scanning documents. 

      Contact Bill Miller, Deputy Court Administrator, 402-471-3049, bmiller@nsc.state.ne.us.

      Judicial Branch Education
      Self-Represented Litigant Training
      The Office of Judicial Branch Education has recently completed a successful statewide series of education sessions on assisting the self-represented litigant (SRL). With the dramatic increase in the number of self-represented litigants in courts across the country, both the Nebraska county and district courts find themselves in need of better tools to deal with the ever-increasing pro se population. The training was specifically designed to convey the position of the Supreme Court Pro Se Committee in assisting self-represented litigants so the courts present a uniform approach to assisting self-represented litigants statewide. The training was made possible, in part, with a grant from the State Justice Institute. All court employees are encouraged to review the Pro Se Committee’s “Self Help” page on the Judicial Branch Web site found under Self Help Center on the left hand menu.

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

      Probation Training
      During the months of March and April, probation staff statewide received training in Moral Reconation Therapy (MRT), a cognitive change group that officers will run with offenders statewide. Four internal probation trainers were selected to become future trainers of this program: Julie Ritthaler, District 16; Jerid Wedige, District 2; Steve Garcia, District 9; and Jennifer Reynolds, District 5. These individuals put in extensive time learning this curriculum and providing the training across the state.

      The following probation officers completed the Foundations Skills for Trainers Class in April: District 2: Pam Wells, Mary Schwedhelm; District 4: Abby Kossow, Justin Lauby; District 5: Erin Sliva, Kathy Long, Amoreena Brady, Tammy Peterson; District 6: Kyle Estes, Sandi East; District 9: Anne Kingrey, Steve Garcia; District 12: Amber Jurgens; District 16: Patty Lyon; District 20: Danelle Reed; Administrative Office: Kim Bunch. Congratulations to the following probation officers on completing YLS/CMI Training for Trainer through the University of Cincinnati: District 5: Erin Sliva; District 12: Amber Jurgens; District 18: Angi Messick; and, District 20: Amy Latshaw.

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

      Probation
      SCRAM Pilot Project Comes to an End
      Over the past 14 months, the Courts, Parole Board, Probation and Parole officers have been engaged in a pilot project involving the use of the 24/7 Secure Continuous Remote Alcohol Monitoring (SCRAM) technology. The results involved more than 500 offenders with 96% compliance of no confirmed alcohol and 82% compliance for no tampering or confirmed alcohol. The funding source used to off-set the cost of SCRAM for offenders was an expenditure from a “one-time only” offender fee dollars fund that will be depleted as of April 30, 2008. Therefore, this will conclude the SCRAM project.  Evaluation and survey results indicate strong support for the continued financial assistance for the use SCRAM. The Office of Probation Administration plans to approach the Community Corrections Council on May 16, 2008, with a proposal to spend additional dollars from this fund to continue this project. All stakeholders will be advised as soon as possible if future funding becomes available. Probation Administration has encumbered the dollars necessary to pay for existing and projected offenders placed on the technology through April, 2008.  Any offender with an order that includes SCRAM, prior to May 1, 2008, will receive financial assistance as needed up to 120 days.

      Contact Deb Minardi, Deputy Administrator, Community Corrections Programs, 402-471-3525, deb.minardi@nsc.ne.gov.

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    CALENDAR ITEMS


      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
      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: 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.
      • 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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    MISCELLANEOUS


      Publication Ordering Available Online
      Court staff may now order publications from the Administrative Office of the Courts and Probation online at www.nebraska.gov/courts/ordering/order.cgi. The AOC’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.

      Signature Blocks on Emails
      Officials of the Administrative Office of the Courts appreciate court employees who have added the signature feature to their emails. It is a great help to those who work several towns or courthouses away from each other. Those individuals not already using a signature block, may want to consider adding one to work email messages. To add a signature block, locate the 'options' button (usually near the file folder). Under 'options,' select the 'compose' button. Scroll down to the option for a 'signature.' Most employees include full name, title, address (both street address and P.O. Box, if applicable) and phone number. The email address may also be added; however, this may be redundant due to it being on the email itself.

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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 May 02, 2008 15:58:09