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COURT
NEWS
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TRAINING DATES
The Nebraska Mediation Center Association & Nebraska Office of
Dispute Resolution announces 2004 training dates.
http://court.nol.org/odr/traininst/training2004.pdf
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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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NEBRASKA OFFICE OF DISPUTE RESOLUTION RELEASES ANNUAL REPORT, JULY
2002 - JUNE 2003
http://court.nol.org/odr/annual/eleventhannual.pdf
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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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NATIONAL ADOPTION DAY - OMAHA
National Adoption Day to be celebrated in Omaha on November 22nd at
the Douglas County Courthouse
http://court.nol.org/press/releases/adoptionday.htm
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NSBA
NEWS
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1ST ANNUAL CHARITY RUN SCHEDULED FOR APRIL 24, 2004
MARK YOUR CALENDARS! The Nebraska State Bar Association Charitable
Funds, Inc. is organizing the 1st annual 10k and 2 mile run/walk on
Saturday, April 24, 2004 beginning at 9:00 a.m. at Wehrspann Lake in
the Chalco Hills Recreation Area. The race will benefit the Nebraska
Lawyers Assistance Program. NLAP offers help to lawyers, judges and
law students troubled by substance abuse problems, stress, depression
and other types of disorders which may impair their ability to practice
or serve.
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A NEW OPPORTUNITY TO SUPPORT THE CHARITABLE WORK OF THE NSBA
On May 30, 2003 the NSBA Executive Council approved the creation of
Nebraska State Bar Association Charitable Funds, Inc. ("NSBA/CF,
Inc."), a new entity designed to obtain grants, contributions and
gifts to support the charitable work of the NSBA. The impetus for the
creation of this new entity was the need for a 501 (c)(3) exempt organization
to receive and administer grant funding for three current projects of
the NSBA. Grant requests to national, state and local foundations have
been submitted on behalf of the Minority and Justice Implementation
Committee, the Nebraska Lawyers Assistance Program and Volunteer Lawyers
Projects. These three NSBA projects serve the community and the profession
by their educational and charitable nature.
Currently, bar activities of a charitable nature are funded in part
by generous gifts from various public and private foundations, by contributions
from firms and corporations and through fundraising events such as the
NSBA's Annual Golf Tournament. In past years, the Nebraska State Bar
Foundation assisted the NSBA by administering the charitable funds generated
by the Golf Tournament and the One Hour of Sharing Program (participation
info). The Bar Foundation now wishes to focus its efforts
on the administration of its programs, rather than the administration
of grants payable to other entities. It was at the Foundation's suggestion
that NSBA/CF, Inc. was formed. The NSBF will continue its award winning
law-related education activities. NSBA members are encouraged to support
the NSBF programs through the annual dues check-off.
The presently planned structure of NSBA/CF, Inc. is such that administrative
costs for its operation will be minimal. The Board of NSBA/CF, Inc.
is comprised of the voting members of the Executive Council. It is currently
planned that NSBA staff will carry out all the administrative duties
on behalf of NSBA/CF, Inc., without charge, along with their current
responsibilities for the NSBA. The Articles of Incorporation have been
filed, Bylaws adopted and a letter from the IRS, dated August 7, 2003,
notified us that we are exempt from Federal income tax under section
501(a) of the Internal Revenue Code as an organization described in
section 501(c) (3).
The operational concept of NSBA/CF, Inc. is to create separate "funds"
to support distinct areas of NSBA charitable and educational programming
such as diversity, legal services to the poor and lawyer's assistance.
Future "funds" will be determined by the programmatic needs
of the NSBA's charitable and educational activities. As grants, contributions
and gifts are received, they will be acknowledged in The Nebraska Lawyer.
The future for NSBA/CF, Inc. is promising. Since 1996, the NSBA has
achieved an increase in the percentage of financial support for charitable
bar programs. Grants, contributions and other similar revenues now account
for at least 25% of the NSBA's operating budget. The opportunity to
expand fundraising, if it continues to be successful, will greatly assist
in financing the NSBA's charitable and educational activities.
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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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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 December 1, 2003 in Norfolk at the Norfolk Senior High Little Theater
from 6:30 to 8:30 p.m. The Implementation Committee will also be traveling
to, South Sioux City and Scottsbluff. Click
here for a complete schedule of the Minority and Justice Implementation
Committee's Town Hall Meetings.
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CLE
UPDATES
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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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SOCIAL SECURITY SEMINAR
There is still time to register for the NSBA Social Security Seminar
December 12, 2003. See who will be speaking at this exciting program,
print out the flyer, and register
today!
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ESTATE PLANNING & PROBATE AND DRAFTING UNDER THE UNIFORM TRUST
CODE
Don't miss the Estate Planning &
Probate Seminar and the Drafting Under the Uniform Trust Code Seminar
on March 4-5, 2004
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DATE CHANGE - CONSTRUCTION LAW AND IMMIGRATION LAW SEMINARS
Notice Date Change - Construction Law has moved to March 26, 2004
(See Calendar)
Notice Date Change - Immigration
Law is on February 20, 2004
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RESOURCES
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RISK MANAGEMENT TIPS
The Sarbanes-Oxley act was signed in 2002 to help restore investor
confidence after corporate scandals such as Enron and Tyco.
Did you know that effective August 5, 2003, Part 205 requires certain
attorneys who become aware of "evidence of a material violation"
an obligation to report the evidence "up the ladder" to the
chief legal officer and (under certain circumstances) the board of directors.
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THE CASE OF THE ETHICAL HACKER
U.S.
Request for Reversal Raises Questions About Use of Computer Fraud Law....
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CASEMAKER™ TIP#15: WHAT WILL BE NEW IN CASEMAKER?
New features you should see in the coming year include the citatory
"Check Cite" that will be added onto each state's case law
materials. A "next hit" feature will be available allowing
the user to jump to terms that have been searched for without having
to scroll through the document. Around the first of the year Casemaker
is planning to launch a combined table/book of all 50 states'(or as
close to 50 as they can get) recent Supreme Court decisions. This will
allow users to search one book for all recent Supreme Court cases.
Doug Kluender
dkluender@law7000.com
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PRACTICE TIP: COLOR CODING
Many lawyers use the same ivory-colored files for everything in their
office: Client files, research files, business files, financial files,
etc. When you need to locate a file, the only way to differentiate between
files is to look at the writing on the tab of each file. Even if you
have a color-coded numbering system along the edge of the file, it's
still not easy to find the one file you need among all the files on
your desk or in your office.
So how can you quickly find the one file you need among the many? Color
code your files. Use a different color file for each type of file. Client
files can be one color. Or you can have a different color file for each
substantive area of your practice (family law, T&E, etc.). The business
files for your practice can be another color, research files can be
another.
Think about how your practice works, and which types of files would
best be color-coded. Don't try to do too many colors--three to five
works best. Each time you go searching for a file look only at the files
of that color. You'll save time and aggravation each time you need to
find a file.
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