CONTACT US AT:

635 S.14th Street
P.O. Box 81809
Lincoln, NE 65801

ph. (402) 475-7091
(800) 927-0117
fx. (402) 475-7098


NSBA Web Site

E-Counsel is available to members of the Nebraska State Bar at no additional charge.

E-COUNSEL -- Monday, January 10, 2005

Articles

WHAT TO DO WHEN THE PHONE STOPS RINGING

The big case settled over a month ago, small cases are winding down and the phone isn't ringing. So you attend a few MCLE seminars, do the filing that's piled up, and tidy your office. But now you need real work, and the phone is continuing its silent treatment. What should you do? Solo Kimberly Fanady offers some easy, effective and often overlooked marketing techniques -- for schmoozers and non-schmoozers alike -- that will help you drum up work when business slows down .....(more)

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EDD: CALLING ALL VOICEMAIL

The use of voicemail as a business tool has grown dramatically in recent years, and the development of digital recording and storage technology likely will make such records as permanent and accessible as e-mail. So, it's logical to believe that digital voicemail may be the next battlefront in the e-discovery wars......(more)

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NSBA NEWS

CHARITABLE FUNDS INC.,

CFI's Barristers' Ball

The First Annual Barristers’ Ball "Starry Starry Night " is scheduled for April 30, 2005 at the Hilton Omaha Downtown. The Barristers' Ball is a black-tie optional celebration in the cause of improving access to justice in Nebraska. Over 400 leaders from the fields of law, business, government, and community development from across the state will be attending. The ball includes a reception, gourmet dinner, silent and live auctions and a dance. Through corporate sponsorship and generous patrons, the ball is expected to raise substantial dollars that fund the NSBA's Pro Bono legal services program, the Volunteer Lawyers Project. To be a law firm sponsor or to buy a table, click here. To buy tickets online, go to http://www.nebar.com/store/category.asp?category=81

THANK YOU TO THE SPONSORS OF THE BARRISTERS BALL!!

Mark your calendars!! The second annual Race Judicata is scheduled for April 30, 2005 at Chalco Hills

THANK YOU TO THE SPONSORS OF THE SECOND ANNUAL RACE JUDICATA!!

Don't miss out on the second annual Greater Nebraska Golf Scramble on June 17, 2005 at Wild Horse Golf Course in Gothenburg!

THANK YOU TO THE SPONSORS OF THE SECOND ANNUAL GREATER NEBRASKA GOLF TOURNAMENT!!


The ninth annual NSBA golf tournament will be August 26, 2005 at the Platteview Country Club!

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NEW JOBS POSTED ON JUDICIAL BRANCH WEB SITE

Click here to see new jobs posted on Judicial Branch Web Site:

Assistant Clerk I, Ogallala, NE

Bailiff, Omaha, NE

Budget Officer, Lincoln, NE

Clerk Magistrate, Grand Island, NE

Court Stenographer, Seward, NE

Criminal Traffic Cashier/Clerk, Omaha, NE

Dispute Resolution Services/Rural Court Services Director, Lincoln, NE

Official Court Reporter, Lexington, NE

Official Court Reporter, Omaha, NE

Statewide Coordinator of Problem Solving Courts, Lincoln, NE

Janet Bancroft
jhammer@nsc.state.ne.us
Nebraska Supreme Court Public Information Officer The Executive Building, 521 South 14th Street, Suite 200 Lincoln, NE 68509
P: 402-471-3205 F:402-471-3071
web: www.nebraskacourt.com

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GOV. JOHANNS APPOINTS JAMES M. WORDEN OF SCOTTSBLUFF TO TWELFTH JUDICIAL DISTRICT JUDGESHIP

FOR IMMEDIATE RELEASE
December 29, 2004, 5:00 p.m. CT

CONTACT
Terri Teuber, 402-471-1967

Gov. Johanns Appoints James M. Worden of Scottsbluff
to Twelfth Judicial District Judgeship

(Lincoln, Neb.) Gov. Mike Johanns today announced his nomination of James M. Worden as county court judge for the Twelfth Judicial District Court.
The seat was vacated when Judge James Macken resigned.

The twelfth judicial district includes the counties of Banner, Box Butte, Cheyenne, Dawes, Deuel, Garden, Kimball, Morrill, Scotts Bluff, Sheridan and Sioux.

“I was impressed with the caliber of the nominees and particularly impressed with James Worden,” Gov. Johanns said. “He will be an excellent addition to the district court bench given his broad base of experience in the Nebraska legal system and his extensive involvement in the community.”

Worden, 39, has practiced law with Simmons Olsen Law Firm, P.C. since 1992 where he has focused on employment law and criminal defense. Worden also served as deputy county attorney and county attorney for Banner County.

Worden has been actively involved in the community. He is a past United Way Campaign county co-chairman and board member, a past board president of Scotts Bluff County Crime Stoppers, and a board member for Community Christian School. He was honored with the Jaycees Outstanding Community Service Award for 1997-1998. Worden has also been actively involved in youth programs. He coached area youth in football and basketball, and started a track club, where he continues to serve as a coach and mentor.

Worden earned his undergraduate degree in history from the University of Nebraska in 1989 and his law degree from the University of Nebraska in 1992.

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HOUSE MEETINGS/LEGISLATIVE INFORMATION

CLICK HERE FOR THE NSBA CALENDAR

The House of Delegates will meet on Friday, January 28, 2005 at the Holiday Inn in Lincoln. The meeting will begin at 9:00 a.m. The purpose of the meeting is to determine the legislative positions of the NSBA for the 2005 session of the Unicameral. The House of Delegates is expected to review nearly 200 bills for the 2005 session. The positions taken by the House will be available on the NSBA website, or by calling Jane Schoenike at the NSBA office.

The NSBA will sponsor a Legislative Reception on Thursday, January 27, 2004, beginning at 5:00 p.m. at the Hruska Law Center in Lincoln. The Reception will begin at 5:00 p.m. Members of the Legislature are invited to attend. If you are interested in attending, please call Jane Schoenike at 402-475-7091 or 800-927-0117.

Attached is a Legislative Contact Form. William Mueller of Ruth, Mueller and Robak, Legislative Counsel for the NSBA is requesting information from members of the NSBA. Completion of the form is optional, but your cooperation is appreciated. Return the form to William Mueller, 530 S. 13th St, Suite 110, Lincoln, NE 68508 or by e-mail to Mueller@ruthmueller.com.

Future meetings of the House of Delegates will be held on Friday, April 22, 2005 at University of Nebraska-Kearney and on Thursday, November 10, 2005 at the Cornhusker Hotel in Lincoln, during the 2005 Annual Meeting.

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YOUNG LAWYERS BEST PRACTICES SEMINAR SERIES

You are invited by the Nebraska State Bar Association's Mentoring Committee and Young Lawyers Section to attend, free of charge, the Best Practices seminar series. The eight session series will focus on a wide range of substantive topics and will offer practical training for new lawyers and identify available resources to aid in your practice. The sessions will be led by experienced Nebraska attorneys who will offer insight, from a practical prospective, on how to successfully practice law. Additionally, at the conclusion of each seminar, the Nebraska State Bar Association will sponsor a free Reception for the participants to get to know each other and other members of the Nebraska Bar. Here is your opportunity to obtain high quality training at no cost and meet many fellow Bar Members.

The first session of 2005 is scheduled for February 9, 2005 at the Hall of Justice, Courtroom #32. Chief Justice Hendry, Judge Kopf, Judge Flowers, Judge Hoffert and Judge Lovell will discuss what lawyers should and should not be doing in their courtrooms. A reception will follow. Click here for the registration form.

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TWO SPANISH COURT INTERPRETERS TO BE CERTIFIED

January 4, 2005


FOR IMMEDIATE RELEASE


TWO SPANISH COURT INTERPRETERS
TO BE CERTIFIED BY THE NEBRASKA SUPREME COURT


LINCOLN – The Nebraska Supreme Court announces that two interpreters have successfully passed the oral certification court interpreter exam sponsored by the Consortium of the National Center for State Courts. Irma Watt of Hooper, Nebraska and Dale H. Taylor of Norfolk, Nebraska will become Nebraska Supreme Court Spanish Certified Court Interpreters.

The two interpreters will receive their certification and take their oath as Certified Court Interpreters in a ceremony to be held in the Madison County Courtroom in Madison, Nebraska, on January 21, 2005, at 1:30 p.m.
Members of the public are invited to attend.

Justice John M. Gerrard of the Nebraska Supreme Court will preside over the ceremony and will speak of the need for providing equal access to the courts for all participants. County Judges Richard W. Krepela, Donna Farrell Taylor and Philip R. Riley from the 7th Judicial District, will also participate in the ceremony.

“It is crucial to the overall fairness of the system that judicial proceedings are completely and accurately interpreted for non-English speaking participants. The Nebraska Supreme Court is pleased with these interpreters who have worked so hard to become certified and for all of the other interpreters who are working toward certification,” said Justice Gerrard.

Irma Watt, born in Odessa, Texas, was a migrant field worker as a young woman. She came to Nebraska where she received an Associate of Arts degree from Northeast Community College in Gering, Nebraska. She worked for the State of Nebraska Department of Health and Human Services in Norfolk as a Family Support Worker and a Protection and Safety Worker. One of her duties for the Department of Health and Human Services was to work with the Spanish speaking families involved with Child Protective Services. Since 2000 she has been a freelance Spanish interpreter for the courts and attorneys in Dodge, Cuming, Saunders, Dakota, Madison, Stanton and Wayne counties. She is very active in her church where she volunteers 70 hours per month in Bible education work for the Spanish community. For the last three years she has been an Attitudinal Dynamics of Driving Spanish instructor for the Nebraska Safety Council. Irma and her husband Michael have three children: Elia Soto, Eloy Watt, and a deceased son, Omar Soto.

Dale Taylor was born in Cochabamba, Bolivia in 1957 to missionary parents.
His mother is Canadian, and his father is a U.S. citizen with Portuguese as his first spoken language. He graduated from a private boarding school on the banks of the Amazon River in 1975. He went on to study Theology, Applied Anthropology, Rural Medicine, and Language Acquisition Principles under New Tribes Mission International and went to Mexico in September of 1981. Initially he directed a Spanish language course and four years later moved into the village of Caborachi in the Sierra Madre Mountains of Mexico where he studied the Tarahumara Indigenous culture and learned their language. He served as a missionary leader, teacher, and community health spokesman until he and his wife moved to Nebraska in October of 2000.
Since then he has worked as a court interpreter in northeast Nebraska. He also works with the Community Character Development Coalition (CCDC) under which he developed a program called ‘No Regrets’ given to minors on probation and diversion. The course is being taught in group homes and at
the juvenile detention center in Madison County. Dale and his wife Lori
have four children: Ben, Crystal, Jay and Melissa.

These two interpreters join eleven other previously certified Nebraska court interpreters who have successfully passed the National Center for State Court’s Court Interpreter Consortium’s oral certification exam.
Nebraska is one of thirty-one states who have joined the Consortium whose sole purpose to create court interpreter certification exams and administer those exams in order to provide for professional court interpreters for the member states. The oral exams were given in Lincoln on October 15 and 16, 2004.

Contact Kenneth Wade at the Office of the State Court Administrator, 402-471-3730, concerning any aspect of the certification ceremony or the state interpreter program.

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EFFECTIVE JANUARY 20, 2005, THE JUDGMENT INTEREST RATE WILL BE 4.630%

http://court.nol.org/community/interestrate.htm

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Commission on Children in the Courts Named by Chief Justice John V. Hendry

Chief Justice John V. Hendry has announced the formation of the Supreme Court Commission on Children in the Courts. The Commission; co-chaired by Judge Everett O. Inbody, Chief Judge of the Court of Appeals and Douglas County Separate Juvenile Court Judge Douglas F. Johnson; consists of judges, lawyers, representatives of the legislative and executive branches, and childrens’ advocates.

“We are committed to making improvements for children who are involved with the court system,” said Chief Justice John V. Hendry.

The initial goal of the commission is to begin a study of appropriate steps for the judicial system to undertake to insure that the court system is as responsive as possible for children who interact with, or are directly affected by the courts.

The Commission will establish working sub-committees, with additional members from all disciplines, to address short and long term concerns in the court system. Two subcommittees have already been established, one will research the effectiveness of the legal representation of children within the system, including developing standards and training protocols for lawyers who represent children in abuse and neglect cases and in cases involving juvenile delinquency. A second subcommittee will investigate time frames of the current process for termination of parental rights along with other child abuse cases to determine if there are unnecessary delays.

The commission will also explore the possibility of specialized family courts, ways in which welfare agencies and volunteers can work together, and the effectiveness of drug courts.

The commission will meet at least quarterly to review the responsiveness of courts statewide to children, to investigate system concerns, to research more effective and efficient approaches to these cases, and to make recommendations for change to the Supreme Court when warranted.

“I am very pleased that all of our commission members have enthusiastically agreed to participate in this important endeavor,” said Chief Justice Hendry, “Having a commission consisting of some of the finest members of our community makes me very confident that its important mission will be successful.”
As co-chairs of the commission, Judges Inbody and Johnson have nearly 30 years of judicial experience between them, much of which has been with children.

Judge Inbody currently serves as the Chief Judge of the Court of Appeals and has been an active member of the Court Improvement Project, which is dedicated to serving children within the court system. He has served as a juvenile judge through the county court in the 5th judicial district and participated as a member of National Council of Juvenile and Family Court Judges during his tenure on that bench.

Judge Doug Johnson is a Separate Juvenile Court Judge in Omaha and is presently a trustee for the National Council of Juvenile and Family Court Judges. His training regarding child abuse, evidence and ethics is nationally known through the National Judicial College and the National Council. For his ‘unselfish commitment to the community,’ Judge Johnson was given the 2001 Chief Justice’s Distinguished Judge for Service to the Community Award.

Other members of the Commission are:

Sen. Patrick Bourne, District 8, Omaha
Lynnette Z. Boyle, Attorney/Guardian Ad Litem, Omaha Hon. G. Glenn Camerer, County Judge, Gering Hon. Vernon Daniels, Separate Juvenile Judge, Omaha Mark Ells, Attorney, UNL Center on Children, Families, and the Law Bob Goodwin, Private Attorney, Sidney Marsha E. Fangmeyer, Attorney, Kearney Hon. Lawrence Gendler, Separate Juvenile Judge, Papillion Rebecca R. Harling, Deputy County Attorney, North Platte Meghan Houston, Nebraska CASA Hon. Paul Korslund, District Judge, Beatrice Hon. Patrick McDermott, County Judge, Schuyler Nancy Montanez, Director, Health and Human Services Kathy Bigsby Moore, Director, Voices for Children Nicole Neesen, Attorney, Creighton Legal Clinic Jodi Nelson, Juvenile County Attorney, Lancaster County Mary Jo Pankoke, Co-Director, Governor’s Task Force &
Commission on the Protection of Children Hon. Linda Porter, Separate Juvenile Judge, Lincoln Sen. Ron Raikes, District 25, Lincoln Hon. Gerald Rouse, County Judge, Seward James E. Ruby, Attorney, Seward Hon. Patrick Runge, District Judge, Winnebago Tribal Court, Winnebago Jane Schoenike, Executive Director, Nebraska State Bar Association Dick Stafford, Private Attorney, Norfolk Roberta Stick, Director, Nebraska Legal Services Carol Stitt, Director, Foster Care Review Board Sen. Nancy Thompson, District 14, Papillion Kenneth Vampola, Chair, Nebraska Parole Board Marlene Vetick, Clerk, Platte County District Court Hon. Gary G. Washburn, County Judge, Broken Bow Elizabeth A. F. Waterman, Dawson County Attorney, Lexington Kirs Wertz, Appellate Law Clerk, Wahoo

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SEVEN SUBMIT THEIR NAMES FOR COUNTY JUDGE IN THE SIXTH JUDICIAL DISTRICT

Thomas J. Klein, Wahoo; Dennis E. Koley, Arlington; Leland K. Miner, Wakefield; Michael W. Pirtle, Omaha; Joe W. Stecher, Hooper; Kenneth J. Vampola, Arlington; and Paul J. Vaughan, Fremont, have submitted applications for appointment as County Judge in the 6th Judicial District consisting of Burt, Cedar, Dakota, Dixon, Dodge, Thurston, and Washington counties. The vacancy is due to the resignation of Judge Daniel J. Beckwith, effective December 2, 2004. The public hearing of the Judicial Nominating Commission will be held at the Judicial Center, 428 N. Broad St., 3rd Floor, County Courtroom A, in Fremont, Nebraska, beginning at 10:00 a.m. on Thursday, January 27, 2005. The primary office of the judicial vacancy will be Fremont, Dodge County, Nebraska. The Commission will review all applicants for the office at that time. The public is welcome to attend the hearing and present information concerning candidates for the judicial opening.

A listing of the members of the Judicial Nominating Commission can be found on the Nebraska Judicial Branch Web site at www.nebraskacourt.com/jnc/rostercc&dc6.htm

For special accommodations relating to the Americans with Disabilities Act, please call (402) 471-3730.

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CLE UPDATES

NCLE SECTION CALENDAR

Click here for a calendar of 2005 CLE programs to be offered in upcoming months.

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2005 ESTATE PLANNING AND PROBATE SEMINAR

The 2005 Estate Planning and Probate Seminar is scheduled for March 11, 2005 at the Cornhusker Hotel in Lincoln. Click here to view the brochure.

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MEDIATION SEMINAR

There are a few spots still available for February basic mediation training in Omaha February 8-11. Contact Kathryn Bellman at 800-927-0117 for more information. Click here to view the brochure.

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CIVIL PRACTICE AND PROCEDURE SEMINAR

Plan on attending the February 18 civil practice & procedure seminar in Omaha. Special low price of $130. Practical information you can use and a bargain to boot! Click here to view the brochure.

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2005 ESTATE PLANNING INSTITUTE AT THE VAIL CASCADE RESORT

Mark your calendars for the 2005 estate planning institute at the Vail Cascade Resort June 30-July 2, 2005. More information to come soon. Click here to view the brochure.

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RESOURCES

PRACTICE TIP: A LITTLE THING CAN MAKE A BIG DIFFERENCE

If you send a thank you letter to clients at the end of a matter (and you should), include a client satisfaction questionnaire. While a thank you letter speaks volumes, adding a short questionnaire can help cement client loyalty. It can also help raise negative issues the client did not raise in person. Even if clients do not respond, they will be glad you asked for their input.

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