NEBAR NEWS -- Monday, January 6th, 2003

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

 

E-COUNSEL -- Tuesday, November 4, 2003


COURT NEWS

SUPREME COURT APPOINTS FRANK E. GOODROE AS NEW STATE COURT ADMINISTRATOR

Omahan Frank E. Goodroe, a veteran court manager and administrator has been
named Nebraska’s third State Court Administrator by Chief Justice John V.
Hendry. He will succeed Joseph C. Steele in overseeing day-to-day
operations of a statewide office supporting more than 140 Nebraska trial
and appellate judges. Steele retires in December after serving twenty-four
years as administrator.

“Frank Goodroe has a wealth of experience in court management and fiscal
issues related to court operations,” said Chief Justice John V. Hendry.
“He has successfully dealt with budget tightening in our largest
metropolitan court and has worked nationally in assisting states to design
projects which enhance specialized dockets like Drug Courts.”

Goodroe was appointed District Court Administrator for the Fourth Judicial
District in 1998 where he directs the operation of the largest general
jurisdiction court in Nebraska. He is responsible for the supervision of
the office of the Child Support Referee, the Conciliation Court, and the
county law library; in addition to budgetary management for the Adult
Felony Probation program and supervision of research attorneys. He is
responsible for current district court initiaves in the areas of domestic
violence, jail overcrowding, criminal case processing and sentencing
delays. Douglas County District Court is home to the first Adult Felony
Drug Court in the state where Goodroe serves as grant funds manager and
facilitator.

Prior to joining the Nebraska court system, Goodroe’s court experience
included administration at the Michigan Court of Appeals in Lansing; Clerk
of Court for two of the largest U. S. District Courts in Los Angeles,
California; and Clerk for the U.S. Bankruptcy Court in St. Louis, Missouri.

He entered the field of court administration in 1986 in Michigan, after
having served for many years as an elected public official in Michigan.

“From the very beginning, it has been deeply rewarding for me to have
worked with the judiciary, to have served as an advocate for the equitable
allocation of resources for judges and court personnel, and to have
articulated to the legislative and executive branches of government the
vital importance of an adequately funded judicial branch of government to
the effective governance of our society,” said Goodroe. “I am hopeful that
having previously worked at the trial court level in both the state and
federal judicial systems and at the appellate court level in the federal
system, the experience I have gained will serve me will in my new
administrative position in Lincoln.”

Goodroe is expected to begin his position in Lincoln immediately after the
first of the year.

Reference information on the court administration from the “Citizen’s Guide
to Nebraska Courts” also found on the Judicial Branch Web site link below.

The Constitution of the State of Nebraska, as amended in 1970, vests
general administrative authority in the Supreme Court over all courts, and
provides that this authority shall be exercised by the Chief Justice. It
also states that the Chief Justice will be the executive head of the
courts, and may appoint a court administrator as an administrative
director.

The Administrative Office of the Courts is located in the State Capitol in
Lincoln, Nebraska, close to the Supreme Court.

The court administrator's responsibilities include developing coordination
within the judicial branch and with other state agencies about programs
affecting the courts, developing plans for improvement of the judicial
system, and serving as a central source for information about the courts.

The court administrator's office has helped the state's courts in case
processing and records management, developing a statistical reporting
system for both district and county courts, and implementing a uniform
accounting system for county courts, a personnel system, and improved
in-service training programs for court personnel. The Administrative
Office has also developed a statewide automation system used by the state
trial courts.

http://court.nol.org/publications/citizenGuide.htm

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APPLICATION DEADLINE SET FOR COUNTY COURT JUDGE VACANCY, 11TH JUDICIAL DISTRICT

According to Supreme Court Justice Kenneth C. Stephan, the
Judicial Nominating Commission for County Judge in the 11th Judicial
District (consisting of Arthur, Chase, Dawson, Dundy, Frontier, Furnas,
Gosper, Hayes, Hitchcock, Hooker, Keith, Lincoln, Logan, McPherson,
Perkins, Red Willow, and Thomas Counties) will hold a public hearing in the
District Courtroom at the Keith County Courthouse in Ogallala, Nebraska,
beginning at 10 a.m. M.S.T. on Wednesday, December 10, 2003. At the
hearing, the Commission will receive information on the qualifications of
candidates to fill a vacancy in the office of County Court Judge in and of
the Eleventh Judicial District of the State of Nebraska, as determined by
the Judicial Resources Commission. This vacancy is due to the retirement of
County Judge B. Bert Leffler. Pursuant to law, the Nebraska Supreme Court
has determined that the primary office for this judgeship shall be in
Ogallala, Keith County, Nebraska.

The public is welcome to attend the hearing and present information
concerning candidates for the judicial opening.  Individuals interested in
applying for the position must do so on an approved form available through
the Chairperson of the Commission or the Office of the State Court
Administrator, P.O. Box 98910, Lincoln, NE  68509.  The application form
may also be printed from the Nebraska Judicial Branch Web site at
www.nebraskacourt.com/manual/application.htm.  Completed applications must
be returned no later than 5:00 p.m., Wednesday, November 19, 2003, to the
Chairperson, Justice Stephan, at the above-stated address or delivered to
the office of the Clerk of the Supreme Court, Room 2413, State Capitol.

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&dc11.htm.

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

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SUPREME COURT RULE CHANGE, PRACTICE AND PROCEDURE, ATTORNEY ADMISSION

Rules of Practice and Procedure

October 16, 2003 — amendments to the Rules of Practice and Procedure in the
Supreme Court and Court of Appeals - Rule 1F(2): Requires attorneys to keep
the Clerk of the Supreme Court advised of current address.

Admission of Attorneys

October 16, 2003 — amendments to the Admission of Attorneys Rule – Appendix
C: Assesses the cost of an independent evaluation to the commission for
applicants with a disability.


Changes may be found on the Judicial Branch Web Site: www.nebraskacourt.com
Select “Supreme Court Rules” look under “Rule Amendments (made within the
last 90 days)”

Notice to Court Clerks: If you do not have access to the internet and are
interested in the full text of a specific rule, send an e-mail response
“reply with history” and your request will be forwarded to the proper
individual. The rule will be mailed to you.

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FIVE SUBMIT THEIR NAMES FOR COURT OF APPEALS JUDGE IN THE 3RD JUDICIAL DISTRICT

Hon. William B. Cassel, Ainsworth; Mark D. Fitzgerald, Norfolk;
Hon. Patrick R. McDermott, Schuyler; Donald D. Schneider, Ames; and Joseph
M. Smith, Meadow Grove, have submitted applications for appointment as
Court of Appeals Judge in the 3rd Judicial District consisting of Antelope,
Boone, Boyd, Burt, Cedar, Colfax, Cuming, Dakota, Dixon, Dodge, Garfield,
Greeley, Holt, Howard, Knox, Madison, Merrick, Nance, Pierce, Platte,
Stanton, Thurston, Washington, Wayne, and Wheeler counties.  The vacancy is
due to the retirement of Judge Edward E. Hannon, effective December 31,
2003.

The public hearing of the Judicial Nominating Commission will be held in
the Norfolk City Council Chambers, 309 Madison Avenue, Norfolk, Nebraska,
beginning at 10:30 a.m. on Friday, November 21, 2003.  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/rostera3.htm.

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

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DIRECTOR OF JUDICIAL BRANCH EDUCATION

Applications are being accepted for the position of Director of Judicial
Branch Education for the Nebraska Supreme Court. This is professional staff
work in developing and implementing a comprehensive education program for
the Nebraska state court judges and employees of the Nebraska Supreme Court
under the direction of the State Court Administrator and the Nebraska
Judicial Branch Education Advisory Committee. Qualifications required
include a bachelor’s degree and considerable experience in the management
of adult education programs. An advanced degree, graduation as an ICM
Fellow and court knowledge is preferred.  Beginning monthly salary is from
$3,943 to $4,462 based on experience.

Applications must be received by November 21, 2003.  Send all applications
to:

State Court Administrator
P.O. Box 98910
Room 1220 State Capitol
Lincoln, NE  68509-8910

Notify the Administrative Office of the Courts at (402) 471-3730 for
special accommodations relating to the Americans with Disabilities Act.
For persons with hearing impairment, please call the Nebraska Relay System
at 7-1-1. A.A./E.O.E.


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NSBA NEWS

MINORITY AND JUSTICE IMPLEMENTATION COMMITTEE 2003 TOWN HALL MEETINGS

As part of a three-year investigation of Nebraska's justice system, the Minority and Justice Task Force traveled to communities across Nebraska, soliciting testimony from the public on issues relevant to race and ethnicity in the courts. The testimony gathered at these public hearings played a critical role in illustrating minority's perceptions of the justice system. As a follow-up to the 2002 public hearings, the Implementation Committee will be returning to the communities it solicited information from. In addition to reporting back to the communities involved in the 2002 public hearings, the Implementation Committee views these town hall meetings as an opportunity to answer questions and inform the public as to the findings of the Minority and Justice Task Force Report. More importantly, the Committee will also be discussing several of the initiatives they are undertaking to address problems in the state's justice system. Public feedback is invited. Spanish interpreters will be in attendance at each meeting. The next town hall meeting is scheduled for November 10, 2003 in Lexington at St. Ann's Parish Center from 6:30 to 8:30 p.m. The Implementation Committee will also be traveling to North Platte, Omaha, Norfolk, South Sioux City and Scottsbluff.

Click here for a complete schedule of the Minority and Justice Implementation Committee's Town Hall Meetings.

Click here for the MJTF complete report.




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THE NSBA ETHICS COMMITTEE HAS REVIEWED THE REPORT OF THE MODEL RULES SUBCOMMITTEE

The report will now go to the Executive Council at their December 5th meeting. Click here to review and submit comments on the Model Rules.

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2003 ECONOMIC & TECHNOLOGY SURVEY RESULTS

The 2003 NSBA Economic & Technology Survey Results are now available for purchase. Results for each survey are $25/copy.

To order your copies, print out the order form or contact Sam Clinch

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CLE UPDATES

NCLE SECTION CALENDAR

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

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JUVENILE LAW SEMINAR

Coming November 21: Special low price of only $25 for this outstanding Juvenile Law program at Omaha's Joslyn Museum featuring Dr. David Arredondo, M.D., Judge Len Edwards, and Kurt Kumli, and Nancy Thompson.

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NSBA WORKERS COMPENSATION SECTION SEMINAR

There is still time to register for the NSBA Workers' Compensation Section Seminar November 7, 2003. See who will be speaking at this exciting program, print out the flyer, and register today! You will not want to miss this important coverage of the latest developments in workers' compensation law. This seminar is the only workers' compensation seminar program specifically sponsored by the NSBA Workers' Compensation Section.

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LEGALSPAN.COM - ONLINE CLE IS HERE!

Now you can just click your mouse and obtain access to Nebraska and other states’ online CLE through the Nebraska State Bar Association’s partnership with LegalSpan, our online partner. Visit the catalog - to be updated frequently as more offerings become available - to see what CLE options you would like. Online seminars can be purchased in segments costing only $30 or less each, and you have access to your program for up to 3 months..

Take CLE at YOUR convenience - at your office or home computer - and see how convenient it is! Current seminars include employment law, ethics, probate, and more. Coming soon - family law.

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RESOURCES

TEST YOUR KNOWLEDGE OF PROFESSIONAL LIABILITY INSURANCE

1. Turning in a potential claim will automatically increase my insurance rates. FALSE. A main function of the underwriter is to determine what situations are valid and which ones may only be nuisance cases. Obviously if there is a pattern within a firm's potential claims an underwriter may choose to recommend risk control procedures or take rating action.

2. I could pay more than my neighbor does because I practice in a different area of the law. TRUE. Certain areas of practice do increase an attorney's risk of having claims and those practice categories are rated differently. The 1999 claim study conducted by the American Bar Association gives statistics from most of the major Lawyers Professional Liability insurance carriers. Personal Injury - Plaintiff and Real Estate areas of practice led the list of claims by area of practice. Another area that has come to the forefront during the current market is Copyright/Patent/Trademark, more specifically Intellectual Property. Increased claims will drive the pricing behind a certain area of practice, which is why carriers request a breakdown of a firm's practice areas.

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GETTING TO YES: HELPING RELUCTANT CLIENTS SEE THE BENEFITS OF SETTLEMENT

Every lawyer has faced this situation: The other side has placed a good offer on the table, but your client refuses to take it.

What to do?

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CASEMAKER™ TIP#14: WHERE ARE THE LIFE TABLES AND THE APPENDIX?

Unusual story about the life tables but it has come up before. There may be two reasons why the life tables can't be found in Casemaker at this time. A few years ago the 1957 and 1980 life tables disappeared from the statute books when the 1995 reissue of volume 2A was printed. The Revisor of Statutes had determined that there was no statute requiring publication of the life tables and that they had been included in the books out of custom rather than as official documents. Since many people wanted them published (I know because I was one of those who called) they have been returned in the printed cumulative supplements. Since 2A hasn't been reissued since 1995 the only current book containing them is the 2002 Cum. Supp.

However, that may not be the reason the life tables aren't in Casemaker. As far as I know none of the "Appendices" are there because they weren't transmitted by the State when Casemaker made the deal to include the statutes in the database. For now you'll need to use the books. Michie's version of the statutes locates the Appendix right after Constitutions in its Vol. 1.

Doug Kluender
dkluender@law7000.com


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PRACTICE TIP: CALL TO MAKE SURE

Here's a tip for personal injury attorneys and anyone else who writes checks from a trust account on behalf of clients: Take a minute before writing each check to call the payee to confirm the proper name and address to send the check. This simple phone call will help reduce the complaints from medical providers and others claiming they were never paid; you also won't have the hassle of reissuing a new check and stopping payment on the old check. And, since the check goes immediately to the proper address, it will help reduce the late-cashing of checks that can put a glitch in your trust account reconciliation process.

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