CALL TO ACTION
INITIATIVE SIGNING CEREMONY
In an effort to promote diversity in Nebraska's legal profession, the
Nebraska State Bar Association is coordinating a Call to Action
Initiative. Modeled after successful initiatives in other cities, the
Call to Action Initiative encourages law firms and corporations to sign
on to a basic statement of diversity principles and agree to participate
in programs initiated by the Nebraska State Bar Association in pursuit
of these principles (see Statement of Diversity and Call to Action). In essence, the Call to Action
Initiative creates a network of firms and corporations that have agreed
to work collaboratively and innovatively to promote diversity in the
legal profession.
The initiative was approved by the Nebraska State Bar Association House
of Delegates at its October 2007 meeting. Several firms and corporations
have already committed to participating in the Call to Action Initiative
including: Baird Holm Law Firm; Blackwell Sanders LLP; ConAgra Foods,
Inc.; the Federal Public Defenders Office; Fraser Stryker PC LLO; Kutak
Rock LLP; Rembolt Ludtke LLP; Stinson Morrison Hecker LLP; Union Pacific Corporation; and Waite,
McWha and Harvat. We hope that your firm will also join the initiative.
A signing ceremony, recognizing the Call to Action Initiative
signatories, will be held at a luncheon on February 1, 2008 at Noon
in Lincoln at the Cornhusker Hotel Ballroom A. Media will be in
attendance. If your firm, corporation or organization intends on being a
signatory, please let us know who will be attending the ceremony by
contacting Liz Neeley at 402-475-7091 or lneeley@nebar.com. We
encourage general counsel and managing partners to represent their
firms and corporations at the event. Lunch will be provided.
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THE
JUDICIAL STRUCTURE AND ADMINISTRATION TASK FORCE
On October 18, 2007, the Nebraska State Bar Association (NSBA)
House of Delegates adopted all the recommendations of the Judicial
Structure & Administration Task Force found in the Task Force’s
Final Report (October 2007). The 177-page report provides a comprehensive
evaluation of Nebraska’s current court structure and process
and was presented to and adopted by the Nebraska Judicial Resources
Commission (JRC) on November 14.
In January 2007, the JRC requested the NSBA to study the judicial
caseload data and the allocation of judicial resources in relation
to Nebraska’s judicial district boundaries. In response to this
request, the NSBA established the Task Force with the NSBA Judicial
Resources Committee forming the core of the Task Force with additional
representatives added from the JRC, the Supreme Court, trial
courts, and the Legislature. Daniel E. Fullner, Moyer Moyer Egley
Fullner & Warnemunde, and John P. Grant, Grant Law Offices,
P.C., co-chaired the Task Force, and the University of Nebraska
Public Policy Center conducted policy-relevant research and provided
the administrative support to the Task Force.
In addition to studying the current judicial caseload data in
relation to the current judicial district boundaries, the Task
Force also examined ways in which the judicial district system
can more efficiently utilize judicial resources by studying:
jurisdiction of the courts, authority of the Supreme Court to
reallocate existing judicial positions, the feasibility and utility
of trial court consolidation, and technology. The Task Force
recognized that any recommendations made should not compromise
the integrity of the court system and should promote the core
values of accessibility, accountability, fairness and efficiency.
Judicial Structure & Administration
Task Force’s Final Recommendations:
Judicial District
Boundaries & Judicial Allocation of Powers
• The existing 12 judicial districts should remain in place and
should not be altered.
• Legislation should be introduced delegating to the Supreme
Court the authority to determine where a judicial vacancy should
be filled subject to the current statutory framework for determining
vacancies by the JRC.
Court Jurisdiction
Appeals
• The district court should be authorized to review small claims
appeals on the record.
• The appeal process for bill of exceptions and excessive sentences
from the county court to district court should conform to the
process used by the Nebraska Court of Appeals and Nebraska Supreme
Court.
Mediation & Quasi-Judicial Officers
• The courts should inform the parties and their attorneys about
the availability of mediation as an alternative method of dispute
resolution and judges should encourage its use through some type
of formalized process.
• The county and separate juvenile court judges should be authorized
to appoint child support referees.
• The courts should have the expanded authority to appoint a
referee for any equity matter.
Caseload & Scheduling Management
• The courts should have the authority to conduct hearings either
telephonically or by videoconferencing. Such hearings should
not include trials before a jury nor limit the public’s access
to the courts.
• Felonies and misdemeanors that arise from the same incident
should be filed together in district court.
• Presiding judges of the district and county court in each judicial
district should meet at a minimum every six months to review
the caseload of the two benches and, in an effort to equalize
the caseload between the two benches, should have the authority
to assign between the courts cases arising out of Chapter 42
(domestic relations including protection orders), harassment
orders and Class IV felonies. The consent of the parties should
not be required and the cases should remain filed in the court
where they were originally filed.
Court Structure
• Nebraska’s current court structure should not be further consolidated
into a one-tier trial court. Such consolidation will not result
in greater efficiency nor reduce costs.
• Support for the following administrative functions may help
in reducing the immediate need for additional judicial resources:
recruitment and efficient use of certified language interpreters;
adequate funds to provide legal research and administrative assistance
to judges; the acquisition and efficient use of technology; greater
use of mediation; and all levels of the court system being responsive
to the Supreme Court, which includes the clerks of the district
court.
• Judges’ travel to provide services should not be characterized
as an administrative “inefficiency.”
Technology Use within the Courts
• The expanded use of and the necessary funds for technology
should be supported.
You may access a copy
of the final report at
http://www.nebar.com/pdfs/mjic/JSATF_FinalReport_October2007_2.pdf
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JUDGMENT INTEREST RATE WILL BE 5.507%judgment interest rate will
be 5.507%
Effective January 17, 2008, the judgment interest rate will
be 5.507%.
http://supremecourt.ne.gov/community/judgment-interest-rate.shtml
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ABA TECHSHOW
The Nebraska State Bar Association is a program promoter
for the 2008 ABA Techshow. Please use the code PP804 when registering
to receive your $100 discount. For additional information
go to http://www.techshow.com
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LAWYERS ETHICS COMMITTEE OPINIONS
The following Lawyers Ethics Committee Opinions have been
added to the Nebraska Judicial Branch Web site at
http://www.supremecourt.ne.gov/professional-ethics/lawyers/ethics-pdfs/opinions-2000.shtml?sub16
07-03
A judge's spouse law firm or office is not disqualified from
representing a client in front of that judge unless it is determined
by the firm or office that such a representation would present a
significant risk of materially limiting the representation of the
client.
07-04
An attorney may undertake employment as a staff attorney for the
standing chapter 13 bankruptcy trustee if the attorney is properly
screened from all cases involving the attorney's former clients and
the clients of the attorney's former law firm.
07-05
A Nebraska Lawyer may advertise in an internet-based lawyer directory as long as: (1) The directory does nothing more than list lawyers and appropriate information for the benefit of those who access the
directory; (2) No recommendation is made as to a particular lawyer;
(3) Any fee paid by the lawyer for participation in the directory is
reasonable and is fixed for a certain period of time; (4) The
directory contains a disclaimer that it is a directory of lawyers,
not a lawyer referral service or prepaid legal plan; and (5) No other
rules concerning lawyer advertising in general are violated.
EXPERIMENTAL RULES ON AUDIO COVERAGE
http://www.supremecourt.ne.gov/rules/trial-court-rules.shtml?sub3
The link above will take you to the experimental rules on audio
coverage for courtroom proceedings in front of District Court
Judges Paul W.
Korslund and Daniel E. Bryan. The rules are listed on the “Trial
Court Rules Page” under District 1.
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LEGISLATION COMMITTEE LISTSERV
The Legislation Committee has set up a listserv to discuss
upcoming legislation for 2008. If you are interested in keeping
track of bar legislation and would like to sign up for the listserv,
please email Sam Clinch at sclinch@nebar.com.
Click here to go
to the legislation portion of the website.
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NOVEMBER COURT ADMINISTRATIVE MEMORANDUM IS AVAILABLE ON-LINE
Please click here for the link for the November
memorandum:
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