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

E-COUNSEL --Wednesday, February 20, 2008

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NSBA NEWS

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Articles

THE JUDGE'S TAKE ON TECHNOLOGY: PRETRIAL AND IN THE COURTROOM

Technology can help you clarify your argument in the courtroom but it is important to use it correctly and efficiently. In this article, originally presented at ABA TECHSHOW 2007, Judge Herbert Dixon and Judge Christina Habas outline the steps to take to prepare for using technology in trial...................(more)

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WHO'S CUDDLY NOW? LAW FIRMS

In the last two decades, as working schedules became flexible, and even accounting firms, of all places, embraced the mantra of work-life balance (at least on paper), there was one unbending, tradition-bound profession: the law. ...............(more)

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NSBA NEWS

WOODS CHARITABLE FUND GRANT TO CFI

The Minority Justice Committee in conjunction with the Interpreter Advisory Committee received a grant for $25,000 from Woods Charitable Fund to have all appropriate civil and pro se (self-represented litigants) court forms translated into a bilingual format for the most commonly requested languages: Spanish, Vietnamese and Arabic. The objective of this initiative is to improve the justice system’s capacity to serve limited- and non-English speakers in civil and /pro se/ matters.

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BASIC GUARDIAN AD LITEM TRAINING SCHEDULED

Two sessions of basic mandatory GAL training have been scheduled for attorneys wishing to be appointed as guardians ad litem representing children in abuse/neglect cases. Graduating law students and attorneys are invited to attend these sessions. Sessions will be held at Creighton Law School on Saturday, February 23 and at the University of Nebraska College of Law on Saturday March 8. Further information and registration for the training can be accessed on-line at www.throughtheeyes.org by following the "2008 Guardian ad Litem Training" link in the left column. An on-line version of the basic training is under development. For information about the on-line training and about advanced training opportunities for guardians ad litem, check back with the Through the Eyes website.

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NEW PRESIDING JUDGES

Judge McQuade has been named County Court Presiding Judge of the 4th Judicial District (Douglas County) beginning January 15, 2008. The Nebraska Supreme Court approved the nomination of Judge McQuade, whose name was submitted by his fellow county court judges for the leadership position.

Judge McQuade has served on the county court bench in Omaha since February 1987 and previously served as presiding judge in 1990-91, 1998, 1999, 2001, 2004 and 2005. He is a member of the American Bar Association, Nebraska State Bar Association and the Omaha Bar Association.

As presiding judge, Judge McQuade has primary responsibility for overseeing the delivery of county court services within his judicial district. He will also serve as the liaison to other agencies of local and state government for the Douglas County Court and to the Nebraska State Bar Association and the press.

Judge Ide has been named County Court Presiding Judge of the 10th Judicial District (Adams, Clay, Fillmore, Franklin, Harlan, Kearney,
Nuckolls, Phelps, and Webster Counties) beginning January 15, 2008. The Nebraska Supreme Court approved the nomination of Judge Ide, whose name was submitted by his fellow county court judges for the leadership position.

Judge Ide was appointed to serve on the county court bench in March 2000 by former governor Mike Johanns.

As presiding judge, Judge Ide has primary responsibility for overseeing the delivery of county court services within his judicial district. He will also serve as the liaison to other agencies of local and state government for the courts of the district and to the Nebraska State Bar Association and the press.

Judge Strong has been named County Court Presiding Judge of the 3rd Judicial District (Lancaster County) beginning January 1, 2008. The
Nebraska Supreme Court approved the nomination of Judge Strong, whose name was submitted by her fellow county court judges for the leadership position.

Judge Strong was appointed to the county court bench in Lincoln on June 7, 2006 and sworn in on July 13, 2006. She came to the county court bench from the Public Protection Bureau of the Nebraska Attorney General's Office, where her duties included prosecuting health care professionals for violating the Uniform Licensing Law, including substandard care, unprofessional conduct and unauthorized practice of law.

Before joining the Attorney General's Office, Strong had spent most of her legal career in private practice, focusing on areas of employment law, personal injury, product liability, breach of contract and malpractice, both in Lincoln and in Denver, Colorado. While in Denver she served as a judicial law clerk for U.S. District Court Judge Richard Matsch.

As presiding judge, Judge Strong has primary responsibility for overseeing the delivery of county court services within his judicial district. He will also serve as the liaison to other agencies of local and state government for the courts of the district and to the Nebraska State Bar Association and the press.

Judge Rager has been named County Court Presiding Judge of the 6th Judicial District (Burt, Cedar, Dakota, Dixon, Dodge, Thurston, and
Washington Counties) beginning January 15, 2008. The Nebraska Supreme Court approved the nomination of Judge Rager, whose name was submitted by his fellow county court judges for the leadership position.

Judge Rager was appointed to the county court bench July 9, 2001 by former governor Mike Johanns. Prior to his appointment he was a private practice attorney in Omaha and South Sioux City, Nebraska.

As presiding judge, Judge Rager has primary responsibility for overseeing the delivery of county court services within their judicial district. He will also serve as the liaison to other agencies of local and state government for the courts of the district and to the Nebraska State Bar Association and the press.

Judge Florom has been named County Court Presiding Judge of the 11th Judicial District (Arthur, Chase, Dawson, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Hooker, Keith, Lincoln, Logan, McPherson, Perkins, Red Willow, and Thomas Counties) beginning January 15, 2008. The Nebraska Supreme Court approved the nomination of Judge Florom, whose name was submitted by his fellow county court judges for the leadership position.

Judge Florom was appointed to the county court bench in North Platte in 1991 by former governor Ben Nelson.

As presiding judge, Judge Florom has primary responsibility for overseeing the delivery of county court services within his judicial district. He will also serve as the liaison to other agencies of local and state government for the courts of the district and to the Nebraska State Bar Association and the press.

Presiding judges also bear the responsibility for overseeing personnel matters for the district and provide county courts in the area with direction in matters of local district policy.

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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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CALL TO ACTION INITIATIVE

The Nebraska State Bar Association coordinated a Call to Action Initiative on Friday February 1, creating a network of firms and corporations that have agreed to work collaboratively and innovatively to promote diversity in the legal profession. A signing ceremony recognizing the 57 signatories was held at the Cornhusker Hotel. Click here for additional information.

Click here to hear NSBA President Wayne Mark's radio interview on NET radio regarding the initiative.



SEVEN MORE COUNTIES OFFER ON-LINE PAYMENT FOR TRAFFIC CITATIONS

Seven More Counties Offer On-line Payment for Traffic Citations Through the Nebraska Judicial Branch’s New ePayment System

County Courts in Cherry, Cheyenne, Lincoln, Phelps, Antelope, Madison, and Sarpy Counties added themselves to the list of courts offering motorists the option to pay traffic tickets on-line. As of Monday, January 14, drivers who receive payable traffic citations (tickets with a set fine which can be paid without a court appearance) will be able to pay their traffic fines on the Internet through the Nebraska Judicial Branch's new on-line payment system.

The new ePayment system offers individuals a secured on-line location to pay their traffic citations. Motorists can log onto the Judicial Branch Web site, www.supremecourt.ne.gov, and click on the “ePayments” button.
Users of ePayment can pay their citations using Visa, MasterCard or Debit cards with the Visa or MasterCard logos. Users are assessed a transaction fee by the vendor.

The first courts to offer ePayments beginning in December 2007 are in the following counties: Boyd, Cass, Colfax, Cuming, Dawson, Hamilton, Holt, Keith, Knox, Lancaster, Merrick, Platte, Saunders, Seward, Stanton, Thayer, Thurston, and Washington.

“The number of drivers who have chosen to use the system thus far is remarkable,” said Chief Justice Mike Heavican. “After just one month the ePayment system has been a success in every county. Clearly the on-line payment option is very useful to motorists.”

According to State Court Administrator Janice K. Walker, the judicial branch hopes to provide on-line payments for all remaining courts in 2008.

Typical traffic citations that can be paid on-line include: speeding tickets, seat belt violations, driving without current tags, failure to stop at stop sign, and similar offenses of a less serious nature.

However, more serious violations still require court appearances, including: driving on a suspended license, driving while under the influence of alcohol, driving an uninsured vehicle, or driving while impaired by controlled dangerous substances. Motorists may not pay their traffic citation on-line if the citation indicates that they must appear in court.

City and municipal parking citations must be paid to the local municipalities, although many cities have their own on-line ePayment programs.


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STATE OF THE JUDICIARY OFFERS INSIGHTS INTO JUDICIAL BRANCH

In his first State of the Judiciary message Chief Justice Mike Heavican showcased recent projects and programs of the judicial branch to the Nebraska Unicameral and viewers tuning into the address via educational television.
Remarking that the judiciary, the Third Branch of government, is often the least understood of the branches, he offered a glimpse into the administration of the courts through a review of statewide improvement efforts.

Heavican also distributed a preliminary court caseload report to legislators remarking, “The sheer number of cases our court system handles each year is astonishing considering the judicial branch is allocated just two percent of the state’s entire budget. In fact, the judicial branch essentially pays for itself, as fees and fines collected by courts are distributed to local school systems, Nebraska Legal Services, the Law Enforcement Improvement Fund, the state’s general fund, and other state and local services.”

Focusing on recent court initiatives, the Chief Justice recapped the multitude of recent programming efforts focusing on abused and neglected children who enter the court system. He cited work by the Nebraska Supreme Court Commission on Children regarding expedited case processing by the Nebraska Court of Appeals and newly adopted guidelines for the work of Guardians ad Litem. He also discussed the new “Eyes of the Child Initiative” which served as a springboard to recognize the state’s juvenile court judges, child welfare workers, Foster Care Review Board members, defense attorneys, prosecuting attorneys, and community members who have worked throughout the year to create substantial improvements in the processing of abuse/neglect cases across the state. According to Heavican, the “Through the Eyes of the Child Initiative” has established 25 judge-led, community-based court teams around the state with the goal of developing the best way to handle abuse and neglect cases – including cases involving the termination of parental rights. He noted that, “All of the teams are working hard to place abused and neglected children in permanent, safe, and stable homes as quickly as possible.” Citing Dodge County as an example of the success of the Initiative, Heavican noted that the number of children in foster care has dropped by 50 percent since the advent of the program.

Heavican also discussed circumstances which strain Nebraska’s “already thin” judicial resources such as the unique requirements of drug-addicted offenders, concerns with non-English speaking litigants and the time-consuming needs of self-represented litigants; all of which are on the rise. As a result of these unique court clients, Heavican noted that both the judicial and legislative branches will continue to grapple with the efficient allocation of court resources.
In concluding his remarks, the Chief Justice noted that Nebraska has exceptional officers and, consequentially, one of the finest systems in the country. He expressed his appreciation for the legislatures’ support of past court endeavors and asked for their continued support of Nebraska’s judicial branch.

On-line text of the State of the Judiciary:
http://www.supremecourt.ne.gov/supreme-court/pdf/state-of-judiciary-08.pdf

Caseload Handouts to the Legislature:
http://www.supremecourt.ne.gov/supreme-court/pdf/state-of-judiciary-08-caseload-stats.pdf


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WYOMING ENVIRONMENTAL QUALITY COUNCIL JOB VACANCY

Agency Director: Environmental Quality Council Director, Class Code DO00-13321. Environmental Quality Council, Cheyenne, WY. Minimum Qualifications: Bachelor’s degree required with a preference given to an advanced degree in field related to job requirements. Attorney in good standing preferred. Five years of experience in management of government agency or private organization and experience in working with complex, technical or scientific issues.

Position is at-will and serves at the pleasure of the EQC and under the Environmental Quality Act. W.S. 35-11-111 and 112. Responsible for the successful leadership and management of the EQC under the general direction of the Council. Must be proficient in preparing cases for hearings, analyzing complex legal and technical issues, and in anticipating problems and issues that will affect the work of the Council members. Strong writing and communication skills, strategic planning and guidance, and organizational development.

The EQC is looking for an innovator, a leader, and a strategic problem-solver with the ability to understand and navigate through the responsibilities as directed by statute. Hiring range is $6,716.00-$9,211.00 per mo. For more information or to apply online, go to http://statejobs.stte.wy.us/JobSearchDetail.aspx?ID=13321 or submit a State of Wyoming Employment application to the Human Resources Division, Emerson Building, 2001 Capitol Ave., Cheyenne, WY 82002-0060, (307)777-7188, (Fax #1-307-777-6562) along with transcripts of any relevant course work.

Position is open until filled. EEO/ADA Employer


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GUIDELINE FOR STATEWIDE MONITORING OF COURT-APPOINTED ATTORNEY FEES AND EXPENSES PAID BY THE COUNTIES

The new Supreme Court Guideline for Statewide Monitoring of Court-Appointed Attorney Fees, approved January 24, 2008 can be read in full on the Supreme Court Best Practice Guidelines and Standards page of the Judicial Branch Web site:

http://www.supremecourt.ne.gov/rules/guidelines/index.shtml?sub1

Direct link to the guideline:
http://www.supremecourt.ne.gov/rules/guidelines/MonitoringFeesGuideline.pdf


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NEBRASKA TRIAL COURTS MAKES SCHEDULE OF COURT CASES AVAILABLE ON-LINE

Nebraska’s Judicial Branch has launched a new on-line service that allows attorneys, litigants and the general public to retrieve up-to-date trial court case schedules on the Internet.

The JUSTICE court case schedule calendar is an easy-to-use resource designed to quickly locate a hearing scheduled in participating courts. The new on-line case information is available through a link on the Nebraska Judicial Branch Web Site at:
http://www.nebraska.gov/courts/calendar/index.cgi

Searches for cases appearing on the trial court’s calendar can be initiated by last name or date within a specific county: Select a county name, followed by district court or county court and enter a date or last name.
Users will find the name of the case (caption), the court’s case identification number, the time, courtroom number, and type of hearing.

Case schedule calendar, which is available in over 170 courts statewide, including all 93 county courts, is updated on a daily basis.

The service is an extension of the JUSTICE (Judicial User System to Improve Court Efficiency) system of case management and docketing for the trial court system.

“This project is a natural extension of the state judiciary’s ongoing efforts to make court information available in electronic form,” said State Court Administrator Janice Walker.


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THE COMPLETE LAWYER

The Complete Lawyer comes to NSBA. Starting in March-April – The Nebraska State Bar Association joins with other bar associations to share an exciting electronic magazine with you. Watch your E-counsel this spring for the first Nebraska-specific issue of The Complete Lawyer magazine. Regardless of your practice area, the size of your firm, your age or gender, you can find content of interest in this magazine, provided free to you by your bar association. The Complete Lawyer is published six times a year and contains articles of interest to lawyers on a national level as well as news and features by Nebraska lawyers.

To get a preview of what The Complete Lawyer looks like, you can explore an issue now: http://www.thecompletelawyer.com/volume4/issue1/index.php


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CLE UPDATES

EDUCATIONAL OPPORTUNITIES AT NCLE

The NSBA Real Estate, Probate, and Trust Law Section Proudly Present “You Can’t Take It With You” (You Only Thought You Could,) The 2008 Estate Planning and Probate Institute March 14, 2008 Omaha Marriott Regency, 10220 Regency Parkway Drive, Omaha NE 68114 Dennis W. Collins, Planning Chair and Moderator ]

ATTORNEYS MASTER CLASS AND LAW PRACTICE PHASE TWO April 11-12, 2008 – Doubletree Hotel, 1616 Dodge Street, Omaha 68102 FRIDAY ALL DAY and SATURDAY MORNING Are you ready to build the million-dollar practice, transform your practice into a highly-efficient, client-centered business, and lay the groundwork for your dream retirement? Then don’t miss this program! Learn how to build a truly exceptional legal business that supports your personal and financial goals, takes better care of clients, and paves the way for your dream retirement.

Don’t just eat lunch at your desk! Attend live telephone seminars and learn about subjects of interest to you from the convenience of your office. See the attached for more information

NCLE and LegalSpan gives you online access to Nebraska's, and other states' continuing legal education seminars and materials. Take CLE at YOUR office or home computer - and see how convenient it is! Visit the catalog.

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SEARCHABLE INDEX OF PAST NCLE PRESENTATIONS

Click here for a searchable index of past NCLE presentations. Seminar Manuals may be purchased at the NSBA store. Selected individual articles may also be purchased at the NSBA store. If you wish to obtain an article that is in the index but not in the NSBA store, just contact NCLE directly.

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RESOURCES

MEMBER BENEFIT SPOTLIGHT

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