OMAHA BAR ASSOCIATION
ENHANCED WEBSITE
The Omaha Bar Association has significantly enhanced its
website. Included in the expanded website are applications for
enrollment in the OBA’s Lawyer Referral Service and access to
West Publishing Company’s Westlaw.Watch, an exclusive service
for OBA members. Westlaw.Watch provides brief summaries of recent
court decisions in Nebraska. See www.Omahabarassociation.com.
Contact Dan Morris, the OBA’s immediate past president, with your
comments regarding the OBA’s web site.
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SUPREME COURT
ADOPTS THE CONCEPT OF MANDATORY CONTINUING LEGAL EDUCATION FOR
ACTIVE LAWYERS IN NEBRASKA
The NSBA House of Delegates passed a resolution in 2004
that requested the Nebraska Supreme Court to adopt the concept
of mandatory continuing education for lawyers. A copy of the resolution
is attached. After this resolution was adopted, law schools, law-related
associations, law firms, bar association sections and other legal
employers were asked to indicate their support for the concept
of mandatory CLE.
This information was
provided to the Nebraska Supreme Court by way of a petition in
March of 2006. In mid-June, the officers of the NSBA met with
the Supreme Court to make a presentation on the value and importance
of MCLE to the professionalism of the practicing bar, as well
as the public’s trust and confidence in the legal profession.
On June 21, the Supreme
Court adopted the NSBA’s petition and approved the concept of
mandatory continuing legal education for active Nebraska lawyers.
It also ordered the NSBA to provide it with proposed rules for
the implementation of MCLE. The NSBA is in the process of forming
such a committee. The committee will be as broadly based as possible
to assure that the plan will take into account the need for accessibility
and affordability in meeting any MCLE requirement.
The proposed rules
will be sent to the NSBA House of Delegates, before submission
to the Supreme Court. The House will have the opportunity to vote
on the proposed rules. Those proposed rules will then be sent
to the Supreme Court for further consideration.
If you would be interested
in serving on a committee to draft the rules, or know of someone
who would be interested, please contact NSBA President William
Dittrick or Executive Director Jane Schoenike.
Resolution
Supreme
Court Order
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UPCOMING CFI EVENTS
Please mark your calendars
for any or all of the upcoming CFI events in 2006.
August 21,
2006- 10th Annual NSBA-CFI Golf Scramble, Firethorn Country
Club, Lincoln. Registration
includes, golf cart, driving range, lunch and dinner. Prizes awarded
to top teams in two flights, along with hole prizes and raffle
items. Proceeds will benefit VLP.
More detailed
information to follow in the upcoming months. If you or your members
are interested in further information on any of these events,
please contact Sam Clinch
at 800-927-0117, ext. 25.
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CONTRACT FOR SERVICES IN THE SEPARATE JUVENILE COURT
The Lancaster County
Board of Commissioners is seeking a law firm (or attorneys) interested
in providing legal services for individuals in the Separate Juvenile
Court of Lancaster County in matters filed under the Nebraska
Juvenile Code. Click
here for the announcement.
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TRAINING FOR ATTORNEYS SERVING AS GUARDIANS AD LITEM IN NEBRASKA'S
JUVENILE COURT SYSTEM
Link to Guardian Rule on Judicial Branch Web site:
http://court.nol.org/rules/AttyGALtraining37.htm
Training for Attorneys
Serving as Guardians ad Litem in Nebraska’s Juvenile Court System
The Nebraska Supreme
Court has announced the adoption of a new rule regarding training
for attorneys appointed to serve as guardians ad litem in juvenile
proceedings involving abused and neglected children.
The court rule, which
becomes effective April 1, 2007, requires the Administrative Office
of the Courts to develop and implement a specialized training
program. Training is provided through the Nebraska Supreme Court
and will be offered across the state beginning in late fall, 2006.
The goal of the new rule is to enhance the understanding of the
role, duties, and responsibilities of guardians ad litem in juvenile
proceedings involving abused and neglected children.
“The Nebraska Supreme
Court believes that a guardian ad litem who fully understands
his or her role and responsibilities will significantly assist
the Court in determining, in a timely fashion, what is in the
best interest of the child,” said Chief Justice John V. Hendry.
The rule is an outgrowth
of Chief Justice Hendry’s Commission on Children in the Courts,
which has been working diligently over the past year in identifying
areas within the court system which can be improved for the benefit
of children.
“The importance of
a skilled guardian ad litem cannot be understated when it comes
to helping children through the court system,” said Omaha Juvenile
Court Judge Douglas Johnson, Co-Chair of the Supreme Court’s Commission
on Children in the Courts. “Well-prepared, well-educated advocates
are a must to help ensure permanency and safety for children across
the State of Nebraska.”
In addition to the
development of a guardian ad litem training requirement, the Supreme
Court’s Commission on Children in the Courts has addressed other
areas of concern in the Nebraska court system.
Significant changes
have been made in order to expedite appeals for child abuse and
termination of parental rights cases. The need for an expedited
appeal process is very important in such cases because the child
is waiting for a permanent home while legal matters are being
resolved. Working with a subcommittee that has been addressing
delays in the appellate process, the Commission recommended, and
the Supreme Court instituted, a number of changes to accelerate
the process.
The Clerk of the Court
has begun placing all abuse/neglect cases on the schedule for
oral arguments earlier in the process than other ‘non-expedited’
cases and the Court will not allow continuances in termination
of parental rights cases except under extraordinary circumstances.
An analysis of the
impact of these changes indicates that an average time of three
months has been cut from the length of time it takes an appeal
to work its way through the system (from 11 to 8 months, on average).
Further changes are currently in the planning or implementation
stages, with the goal of further reductions to the timeframes
of these appeals.
In summarizing the
Court’s efforts thus far, Children’s Committee Co-Chair and Chief
Judge of the Nebraska Court of Appeals, Everett Inbody stated,
“I think it is very important that the courts do everything within
their power to move juvenile cases through the system as quickly
as possible.”
A statewide Children’s
Summit, to be held in September 2006, is also being planned by
the Commission on Children in the Courts. During the Children’s
Summit, all judges in Nebraska with juvenile court jurisdiction
will lead community teams of child protection administrators,
attorneys, and others in an effort to streamline and improve the
system. National experts will provide training to these teams
regarding court practices that can significantly improve outcomes
for children. Judges and teams members will then return to their
communities and work in a collaborative way to improve their local
court systems.
The new rule can be
found on-line at: www.nebraskacourt.com
under the “Supreme Court Rules” tab: http://court.nol.org/rules/AttyGALtraining37.htm
Contact:
Hon. Everett Inbody,
Chief Judge of the Nebraska Court of Appeals 402-443-5180 Hon.
Douglas Johnson, Douglas County Juvenile Court
402-444-7881
A list of experienced
guardians ad litem can be found on the Supreme Court Commission
on Children in the Courts Subcommittee on Guardians ad Litem:
http://www.ccfl.unl.edu/outreach/judicialcommission/galsub.htm
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REGISTER NOW FOR THE 2ND ANNUAL NEBRASKA LEGAL DIVERSITY SUMMIT
Nebraska’s 2nd Annual
Legal Diversity Summit has been scheduled for October 6, 2006
from 1:00 to 7:00 p.m. at the Doubletree Hotel (1616 Dodge Street)
in Omaha. This important event will include:
A book signing event
by Charles Ogletree, author of All Deliberate Speed: Reflections
on the First Half Century of Brown v. Board of Education and From
Lynch Mobs to the Killing State: Race and the Death Penalty in
America.
A keynote address
by Professor Charles Ogletree, Harvard Law School, Founding and
Executive Director of the Charles Hamilton Houston Institute for
Race and Justice, and named one of the 100+ Most Influential Black
Americans by Ebony Magazine.
A panel discussion
on the Hiring and Retention of Attorneys of Color.
Interviews between
Nebraska legal employers and law students of color from Nebraska,
Colorado, Iowa, Kansas, Missouri, South Dakota and beyond.
Legal Networking Reception
for legal employers and law students (hour devours and drinks
provided).
We hope that you will
come away from this conference with some new ways of understanding
the value of a diverse workforce, strategies for recruiting and
retaining attorneys of color, contacts with law students of color
from the region, and a renewed commitment to work together toward
a more diverse legal community in Nebraska. Register on-line at
www.nelegaldiversity.org
or send in this registration
form.
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CHIEF JUSTICE HENDRY ANNOUNCES RETIREMENT
Chief Justice John
V. Hendry, who has served as Chief Justice of the State of Nebraska
for 8 years, announced his retirement from the judiciary, effective
October 2, 2006, to Gov. Dave Heineman today.
At the time he leaves
the bench, Justice Hendry will be 58 and will have completed his
11th year in the judiciary, the last eight on the Supreme Court.
Prior to his appointment to the Supreme Court, he served as County
Judge of Lancaster County Court.
“It has been an honor
and privilege to serve the State of Nebraska for the past eleven
years,” said Hendry. “I decided I wanted to spend more time with
my family, do some traveling and relax a little. I have no immediate
plans other than to take some time off after October 2. The Court
has been moving forward on several major initiatives which I am
confident will continue in the very capable hands of my colleagues
on the bench.’’
By state law, Nebraska’s Chief Justice is a statewide position
and is filled through the merit selection system. A nominating
commission, chaired by Justice John Wright, will hold its first
public hearing at a time set by the Commission Chairperson.
During Chief Justice Hendry’s tenure on the Supreme Court, significant
changes were made to modernize the technology used within the
state court system in response to increasing caseloads and intensified
demands for court services.
The Court initiated several projects under the administration
of Chief Justice Hendry, including appointing major study committees
to address issues of actual or perceived bias in the court system;
pro se (self-represented) assistance; interpreters for trial courts;
children in the court system; drug courts; and, mandatory judicial
branch education.
“Over the past 8 years, Chief Justice Hendry has been an innovative
administrator of Nebraska's court system, a striking jurist who
has strived to create a judicial system that reflects and upholds
the values of the people of this state,” said Gov. Heineman. “The
Chief has been a vocal leader in rallying the judiciary behind
some important reforms, including the formation of drug courts
and child advocacy centers in our state, and he has shined the
spotlight on the need for greater consistency and cooperation
in our state's child welfare system. His expertise and leadership
will be missed, but he leaves having accomplished much for our
state, and I wish him well in retirement.”
Chief Justice Hendry graduated from the University of Nebraska
(B.S.) in 1970 and the University of Nebraska-Lincoln College
of Law (J.D.) in 1974. He also served as a private practice attorney
in Lincoln from 1974 - 1995.
" I will miss the Supreme Court very much," Chief Justice
Hendry said, "but I know I am leaving it in good hands."
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