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Administrative Office of the Courts and Probation Calendar

09/02/2014 - 9:00am

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§ 1-201. Purpose; appointment or designation of court reporting personnel.

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   (A) The purpose of §§ 1-201 through 1-219 is to provide for the appointment of court reporting personnel, as defined in § 1-204(A)(1), to perform the duties required by Nebraska Supreme Court rules for the recording and preservation of evidence and preparation of bills of exceptions in all cases in the district and separate juvenile courts. As set forth below, court reporting personnel shall be appointed, designated, or in accordance with these rules contracted with, by a judge of the district or separate juvenile court to perform the duties required by these rules and all other Nebraska Supreme Court rules relating to the making, preserving, transcribing, and delivery of court records.

   (1) Appointment of official court reporters. Except as otherwise ordered or directed by the Nebraska Supreme Court, a judge of the district and separate juvenile court may appoint or, with approval from the State Court Administrator, may contract with one official court reporter to make, preserve, transcribe, and deliver the record of the trial and other proceedings over which said judge presides. Such an official court reporter is an at-will employee of the Nebraska Supreme Court, subject to the Court’s general administrative authority pursuant to art. V, § 1, of the Nebraska Constitution, and serves at the pleasure of the appointing judge and the Nebraska Supreme Court, unless otherwise discharged from employment as provided in § 1-204(D).

   (2) Appointment of courtroom clerks. A judge of the district court and separate juvenile court may appoint a courtroom clerk to make, preserve, and deliver the record of the trial and other proceedings over which said judge presides using digital recording equipment provided by the Administrative Office of the Courts. Such courtroom clerk is subject to the general administrative authority of the Nebraska Supreme Court pursuant to art. V, § 1, of the Nebraska Constitution, works under the direction of the appointing judge and State Court Administrator, and is subject to the Nebraska Supreme Court Personnel Policies & Procedures. The provisions of § 1-201(A)(2) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (3) Designating other court personnel to act as court reporting personnel. In his or her discretion, a judge opting to use digital recording equipment in his or her courtroom to make and preserve the record of a trial and other proceedings may, temporarily under § 1-213 or in lieu of appointing a courtroom clerk under § 1-201(A)(2), designate other court personnel as defined in § 1-204(A)(4) to perform the duties of a courtroom clerk. The provisions of § 1-201(A)(3) do not prohibit a judge, in his or her discretion, from contracting with a court reporter having the qualifications of an official court reporter if extenuating circumstances or a specific case so require.

   (B) Except as otherwise provided herein, if the office of the appointing judge is vacated, and the Judicial Resources Commission declares that a judicial vacancy exists in the affected district, the official court reporter or courtroom clerk may continue in that position until either reappointment by a successor judge or the appointment of replacement court reporting personnel.

   (C) If the office of the appointing judge is vacated and the Judicial Resources Commission determines that a judicial vacancy does not exist in the affected district, the official court reporter or courtroom clerk in such district shall vacate that position 90 days from the date of such determination by the commission.

Rule 1(A) through (C) amended February 28, 1996; Rule (A) amended June 5, 2002. Renumbered and codified as § 1-201, effective July 18, 2008; § 1-201 amended June 9, 2010.

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