POSITION ANNOUNCEMENT
FOR THE UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT
The United States Court
of Appeals for the Eighth Circuit has a position open to serve
in two-year clerkships as staff attorneys in St. Louis, Missouri,
beginning in August 2008 or earlier. Click here for additional
information.
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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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45TH ANNUAL GREAT PLAINS FEDERAL TAX INSTITUTE
The 45th Annual Great Plains Federal Tax Institute is
November 29 and 30, 2007 at the
Embassy Suites Omaha – Downtown/Old Market at
555 South 10th Street in Omaha. Click
here for additional information.
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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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CFI LSAT PREP SCHOLARSHIP PROGRAM
Individuals or firms are invited to sponsor a scholarship
and/or contribute to an endowment for the LSAT Prep Scholarship
Program. Click here for additional information.
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NCLE IS OFFERING APPROVED LB554 TRAINING
LB 554 mandates court approved training to help attorneys
practicing family law screen for domestic violence that can affect children and
families
in district court.
NCLE offers the first court-approved training Dec 7, Jan
4 and Feb 8.
Click here to learn more.
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