E-Counsel Archive [July 16, 2019][7/16/2019]
July 16, 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.



VLP and Legal Aid of Nebraska Offer FREE Legal Clinic Basics CLE
“Just the Basics!:  Providing Limited Legal Services in Walk-In and Virtual Legal Clinics” provides new and seasoned lawyers a review of ethical rules, general substantive law, procedure and practical advice for assisting self-represented persons at walk-in and virtual legal clinics.  This seminar is being offered in Omaha, Lincoln, Norfolk, Grand Island, North Platte and Scottsbluff.  Omaha and Lincoln sessions occur on August 23 and 27, respectively.  Check the NSBA website for more information on sessions in Norfolk, Grand Island, North Platte and Scottsbluff.  Don’t miss this out on this unique opportunity! 

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.

Nebraska Criminal Offense Penalties List Now Available
Professor Steven J. Schmidt has updated his list of criminal penalties through July 1, 2019, and it’s now available in the online NSBA Library (free to all voluntary NSBA members) and the NSBA Store. The List is available electronically and in laminated print form. This 12 page handy quick reference includes felony penalties, habitual criminal sentencing enhancement, misdemeanor and infraction penalties, traffic penalties, DUI sentences, common City of Lincoln ordinance violations, and failure to appear penalties.

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.

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

August 22, 2019, Application Deadline Set for District Court Judge Vacancy, Sixth Judicial District
According to Supreme Court Justice Jeffrey J. Funke, the Judicial Nominating Commission for District Judge in the Sixth Judicial District (consisting of Burt, Cedar, Dakota, Dixon, Dodge, Thurston and Washington Counties) held its first public hearing on the qualifications of four candidates who previously submitted their names to fill the vacancy in the office of District Judge due to the resignation of Judge Paul J. Vaughan. Article V, § 21(1) of the Nebraska Constitution requires that a nominating commission must present to the Governor “a list of at least two nominees” to fill a judicial vacancy. At the conclusion of the public hearing on July 9, 2019, a majority of the voting members of the Commission was unable to agree to advance two names of candidates to the Governor. The constitutional requirement cannot be met in this case. Therefore, in accordance with Neb. Rev. Stat. § 24-810(3), the Commission shall institute a search for additional candidates to fill the vacancy.  Full Press Release

Recent Supreme Court Cases

Week of July 12, 2019

303 Neb. 552
McEwen v. Nebraska State College Sys.
303 Neb. 581
State v. Ettleman
S-18-751   303 Neb. 602 Blank v. Blank
 S-18-784 303 Neb. 624   Foundation One Bank v. Svoboda
 S-18-795  303 Neb. 637 State ex rel. Peterson v. Ebke 
 S-18-852 303 Neb. 664  VanSkiver v. VanSkiver 

Week of July 5, 2019

S-18-191 303 Neb. 494 Dooling v. Dooling
S-18-336 303 Neb. 521 Garlock v. 3DS Properties
S-18-894 303 Neb. 539 Gomez v. Gomez

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

NLF News

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  Results Page
The results page appears after you have submitted your search. These results may vary depending on what you selected in the Jurisdiction and Compilation menu. Unless you specified a specific compilation type, Casemaker4 defaults to showing Cases. On the left however, you can select a different compilation, such as Statutes, Administrative Code or Attorney General Opinions.

On the left you will also see a number of ways to narrow the search results you found. Search within results allows you to type in a new search query that will apply only to the results from your initial search. You can set up your Search Within Results query just as you would any other query in Casemaker, using the same search operators. In addition, the left bar allows you to narrow your results by jurisdiction, courts, date and published or unpublished for Case Law. For Statutes and Administrative laws, you can narrow by jurisdiction or by Chapter or Title.

The results page can be sorted. Along the top of the results list is a tool bar with the option to change your sorting criteria. When viewing case results the system defaults to Relevance, but at the top of your results list you can choose to sort by state, date, number of times cited and court level. When viewing statutes or similar material you will see the options to sort by relevance, state, code section or title. The toolbar above your list of results also provides the opportunity to save the search, create a new search alert, create or edit a document alert, print, email, save to folder, download, and send selected documents to the print queue.

The results themselves show you the case name, citation, and parallel citation where available; court, date decided, and the number of times it was cited in our database along with a graph plotting how often it has been cited over the years. Clicking on this graph will allow the graph to open larger. There are different colored lines for which courts the case was cited in: Same state of publication, Federal, or Other states. You can hover over the dots provided to see how many times it was cited in that year specifically.Clicking on the dot will provide you with a list of clickable links to those cases.

Case results have green thumbs up or red thumbs down icons. These indicators are part of CaseCheck+, a citator service letting you know whether or not the case is still good law. The green thumbs up indicates the case has not received any negative treatment by subsequent cases, while the red thumbs down indicates that it has. Clicking to view the case will give you more information on the treatment.



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