E-Counsel Archive [July 2, 2019][7/2/2019]
July 2, 2019     Stay connected



In this Issue:


OnDemand CLE

Watch webinars on what you want, when you want! Visit the NSBA’s on-demand CLE portal, www.nebarondemand.com to view a webinar at your convenience and earn distance-learning CLE credit, including professional responsibility (ethics) and GAL credit. 

Here are some titles currently available.

Visit the NSBA’s on-demand CLE portal, www.nebarondemand.com to view these and many other webinars.


  • No Events Scheduled


LSAT Prep Scholarship Applications Due July 12, 2019
The Nebraska State Bar Association/Nebraska Lawyers Foundation works to expand the pipeline of diverse law school applicants. The LSAT Prep Scholarship Program provides a scholarship for a Kaplan LSAT Prep Course covers the costs of registering for the LSAT exam for recipients who are historically underrepresented in Nebraska's law schools, demonstrate economic need, and reside in Nebraska. The number of scholarships awarded annually is dependent on charitable contributions. The scholarship program reaches both traditional and non-traditional students from a variety of racial and ethnic backgrounds. On average, students achieve an eight point increase on their LSAT exam score. Since 2013, more than 80 scholarships have been awarded. Download the Application and Instruction Sheet. The deadline for submitting an application is July 12, 2019. To donate to the LSAT Prep Scholarship Fund please click here to make a donation to the Nebraska Lawyers Foundation.

New Judicial Ethics Advisory Committee Opinion Released
Judicial ethics opinion #19-1 regarding ex parte communication between county court duty judge and county attorneys has been issued:   https://supremecourt.nebraska.gov/sites/default/files/ethics-opinions/Judicial/19-1.pdf

Public Notice: Appointment Of U.S. Bankruptcy Judge
The United States Court of Appeals for the Eighth Circuit seeks applications from highly qualified candidates for a fourteen-year appointment as United States Bankruptcy Judge for Nebraska. The position is headquartered in Omaha or Lincoln, Nebraska.  Full Notice & Application

Travel to Portugal With the NSBA - May 18-23, 2020
The Nebraska State Bar Association is offering an exclusive program to Portugal. Visit Lisbon, Porto and other beautiful cities from May 18-23, 2020 with a 3 day & 2 night optional extension to the Douro Valley wine country from May 23-25, 2020. Space is limited so don't miss this unique opportunity. Our partner, CLE Abroad, is accepting registrations through the end of January 2020 for this once-in-a-lifetime trip.  For complete information download the brochure.

VLP offers new “Low Bono” Opportunity to Nebraska Lawyers through Program Aimed at Assisting Victims of Crime
In May, the Nebraska State Bar Association Volunteer Lawyers Project (VLP) was awarded federal Victim of Crime Act (VOCA) funding to implement the EVOLVES (Essential Volunteers Offering Legal Services to Victims Ensuring Safety) project. Through this project, VLP aims to increase legal services to Nebraska rural, minority and elder victims of abuse, domestic violence, sexual assault, stalking and human trafficking by referring cases to volunteer attorneys to represent victims in family law, consumer and immigration matters on a reduced fee basis ($60 per hour). This project is similar to VLP’s former LAPTOP program and begins July 1, 2019.

For more information, or if you are interested in providing legal assistance to victims on a reduced fee basis, contact Laurie Heer Dale at (402) 742-8133 or lheerdale@nevlp.org.

Every Lawyer Can Use This: Fair and Impartial Courts Powerpoint Now Available
NSBA has created a presentation that any lawyer or judge may use when invited to give a presentation to a local civic or school group. The topic is “Fair and Impartial Courts,” including an explanation of how judges are appointed and the role of courts in our society. The presentation, which can be tailored to an audience and time allowed, includes a PowerPoint, a loose script and links to background information. Get the presentation and more details online.

Four Submit their Names for District Judge in the Sixth Judicial District
Theodore P. Arndt, Elkhorn; Pamela L. Hopkins, Fontanelle; Brendan M. Kelly, Omaha; and Melinda B. Wicks, Sioux City, Iowa, have submitted applications for appointment as District Judge in the 6th Judicial District consisting of Burt, Cedar, Dakota, Dixon, Dodge, Thurston, and Washington counties. The primary place of office for the judicial vacancy is Dakota City, Dakota County, Nebraska The vacancy is due to the resignation of Judge Paul J. Vaughan.  Full Press Release

Please update your Member Profile!
The NSBA is updating its member database. Having current contact information and practice area information helps us to provide you with more relevant content (and bother you less with content that may not be applicable). Please help us provide more value to you by logging in to your profile at www.nebar.com and updating your practice areas, contact information and communication preferences. Your login is your bar number. If you need assistance with your password, please call 402-475-7091. If we don’t have current information for you, you may receive a courtesy call from our staff this summer.

Recent Supreme Court Cases

Week of June 28, 2019

303 Neb. 430
In re Trust Created by Fenske
S-18-679   303 Neb. 444
U.S. Pipeline v. Northern Natural Gas Co. 
S-18-893    303 Neb. 476 State v. Schriner 

Week of June 21, 2019

S-18-682 303 Neb. 380 Bramble v. Bramble
S-18-752 303 Neb. 394 State v. Ebert
S-18-775 303 Neb. 404 State v. Privett
S-18-912  303 Neb. 415  State v. Blaha

For a complete listing of recent opinions, visit the Nebraska Judicial Branch Website.

NLF News

First Annual Scotch, Wine & Craft Beer Tasting

Friday, August 2, 5:30 p.m. – 8:30 p.m.
The Talon Room | 230 N 12th St., Lincoln, Neb
21-and-over Event | Attire: Business Casual

Proceeds to Benefit Nebraska Lawyers Foundation

$50 per person

Register Today

Complete Event Information


Casemaker Weekly Update

Casemaker4 Jurisdiction and Compilations menu
Directly to the left of the bar that you can type your search query in is our Jurisdiction and Compilations menu. In blue text on the search bar you will see what jurisdictions and compilations are currently selected.

Clicking on the menu will allow you to select the jurisdictions you wish to conduct research in. This can be any number of state, Federal or trial courts. On the left side of the menu above the list of states is the Related Federal box. Checking this box will allow you to receive results from your selected state or states as well as any federal material relevant to that jurisdiction specifically. Similarly, if you are conducting research in the Circuit Opinions, you can also use the Related State box to return results from your selected circuits and the corresponding state level results as well.

At the far-right side of the menu you have the opportunity to select any or all compilations as well. Casemaker’s default is All Compilations but if you are interested in only conducting a search in the admin code, for example, you can make that designation here.

At the bottom of this menu there are other buttons available. The first is Save To My Settings. If the settings that you've just selected are your most normally used settings when conducting research in the Casemaker system, then it would be beneficial for you to click this button so that those settings are saved. This way they're established as your default and will be chosen automatically for you every time you login. If you had previously conducted a search outside of your norm and would like to revert to your default, you can click the Use My Settings button, which is the next button on the screen. If you had multiple boxes checked and you decide that you're going to completely change what you're doing, you have the opportunity to clear all of your checks with just one click as well.

After you've made all of your jurisdiction and compilation selections be sure to click the blue save button to save them and continue with your search.



NSBA Career Center

The NSBA has a new Career Center. Employers can post job openings and job seekers and posters can search openings and subscribe to new posting notifications.


Our Sponsors

Special Thank You
The NSBA gratefully acknowledges the support of the Nebraska State Bar Foundation, the Winthrop & Frances Lane Foundation and the Nebraska Lawyers Foundation.

Thank you to the Sponsors of the 1st Annual Scotch,Wine & Craft Beer Fundraiser