Citizen's Guide to the Nebraska Appellate Courts
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Umpires, Not Activists: the Recent Jurisprudence of the Nebraska Supreme Court
University of Nebraska - Lincoln DigitalCommons@University of Nebraska - Lincoln College of Law, Faculty Publications Law, College of 3-2009 Umpires, Not Activists: The Recent Jurisprudence of the Nebraska Supreme Court Richard F. Duncan University of Nebraska College of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/lawfacpub Part of the Legal Studies Commons Duncan, Richard F., "Umpires, Not Activists: The Recent Jurisprudence of the Nebraska Supreme Court" (2009). College of Law, Faculty Publications. 131. https://digitalcommons.unl.edu/lawfacpub/131 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in College of Law, Faculty Publications by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Duncan in Federalist Society White Papers (March 2009). Copyright 2009, Federalist Society. Used by permission. Umpires, Not Activists The recent Jurisprudence of the Nebraska Supreme Court Richard F. Duncan MARCH NE 2009 ABOUT THE FEDERALIST SOCIETY Th e Federalist Society for Law and Public Policy Studies is an organization of 40,000 lawyers, law students, scholars and other individuals located in every state and law school in the nation who are interested in the current state of the legal order. Th e Federalist Society takes no position on particular legal or public policy questions, but is founded on the principles that the state exists to preserve freedom, that the separation of governmental powers is central to our constitution and that it is emphatically the province and duty of the judiciary to say what the law is, not what it should be. -
Nebraska Court Clerks' Office Study
NEBRASKA COURT CLERKS’ OFFICE STUDY A Report to the Nebraska Supreme Court Advisory Committee January 8, 2017 Nial Raaen Principal Court Management Consultant/Project Director Daniel J. Hall, Vice President Court Consulting Services 707 Seventeenth Street, Suite 2900 Denver, Colorado 80202-3429 (303) 293-3063 Nebraska Court Clerks’ Office Study This document was prepared under a State Justice Institute (SJI) grant for the Nebraska Supreme Court and Administrative Office of the Courts (AOC). The National Center for State Courts (the Center, the National Center, or NCSC), a public benefit corporation targeting the improvement of courts, was commissioned to provide the Nebraska judiciary with guidance as to the impact of consolidating clerk of courts serving the county and district courts. The points of view and opinions expressed in this report are those of the author as an agent of the National Center, and do not necessarily represent the official position or policies of SJI, the Nebraska Supreme Court, or the AOC. NCSC grants the Nebraska Supreme Court/AOC, pursuant to any rules and regulations governing the aforementioned SJI grant, a royalty-free, non-exclusive license to produce, reproduce, publish, distribute, or otherwise use, and to authorize others to use, all or any part of this report for any governmental or public purpose. National Center for State Courts ii Nebraska Court Clerks’ Office Study Table of Contents I. EXECUTIVE SUMMARY .................................................................................. 1 II. INTRODUCTION -
State-Of-Judiciary-2021.Pdf
State of the JUDICIARY 2021 State of Nebraska Chief Justice Michael G. Heavican www.supremecourt.ne.gov Nebraska Supreme Court Michael G. Heavican, Chief Jeffrey J. Funke Lindsey Miller-Lerman Jonathan J. Papik William B. Cassel John F. Freudenberg Stephanie F. Stacy State Court Administrator Corey R. Steel State Probation Administrator Deborah A. Minardi State of the Judiciary 2021 I. INTRODUCTION Mr. President, Mr. Speaker, and Members of the Legislature. Thanks to all of you, particularly Speaker Hilgers, for inviting me to address you this morning. As always, it is an honor for me to report on the accomplishments of our Judicial Branch and to discuss our upcoming plans with you. Although not with me in the Chamber today, my fellow justices are watching on livestream: Justice Lindsey Miller-Lerman of Omaha; Justice William Cassel of O’Neill; Justice Stephanie Stacy of Lincoln; Justice Jeff Funke of Nebraska City; Justice Jonathan Papik, also of Omaha; and Justice John Freudenberg of Rushville. Today I will highlight the activities of Nebraska’s Judicial Branch this past year, including our pandemic response, our access to justice initiatives, what’s new with probation and problem-solving courts, and the Office of Public Guardian. Notwithstanding the current pandemic and other challenges, we have had many successes and accomplishments in 2020 and look forward to 2021. II. THE CONSTITUTION Article I, § 13 of our Constitution states that “[a]ll courts shall be open, and every person, for any injury done him or her . shall have a remedy by due course of law and justice administered without denial or delay.” This means that our courts must remain open, even when much of the rest of society is not. -
Case Management System Migration for the 4Th Judicial District of Nebraska
al Center forSc State Courts Case Management System Migration for the 4th Judicial District of Nebraska Larry Webster, Project Director John Matthias, Project Consultant Daniel J. Hall, Vice President Court Consulting Services National Center for State Courts 707 17th Street, Suite 2900 Denver, CO 80202 TABLE OF CONTENTS Introduction 1 Background 2 III. Case Management Systems and Business Process Assessment 4 A. Methodology 4 B. Business Processes Reviewed 4 C. Business Processes Affected by JUSTICE Transition 7 1) Changes that May Eliminate Work and Improve Business Processes 8 2) Process Issues that Will Require Changes to JUSTICE 9 3) Required Business Process Changes 12 4) Additional Changes that Should Be Considered 14 D. General Principles 15 1) One-Stop Customer Service 15 2) Immediate Availability of Digital Documents 16 3) Recording Courtroom Activity 16 4) Integrated Justice 16 5) Eliminate Unnecessary Parallel Indexing and Recordkeeping Systems 16 6) Eliminate Disparity of Practice 16 IV. District Court Clerk Organizational Changes 18 V. Electronic Document Management Analysis 22 A. General Principles 22 B. Content Manager 22 C. Project Gabe 23 D. JUSTICE EDMS 23 E. E-filing with JUSTICE 23 VI. Court Policy Environment 24 A. Rule 4-2 Pleadings 25 B. Rule 4-2 Computer Database 25 C. Rule 4-4 Criminal Cases 25 D. Rule 4-6 Dismissals and Settlements 25 E. Rule 4-10 Case Progression 26 F. Rule 4-12 Assignment of Cases 26 G. Rule 4-17 Garnishments 26 VII. Public Access to Court Records 28 VIII. Integration Analysis 29 A. Introduction 29 B. Current CJIS Functions and Interfaces to Be Retained 1) Criminal Complaint 30 2) Prisoner Transport 33 3) Juvenile Court Out-of-Home Placements Oracle Batch Payment 34 4) Attorney Fees Weekly Oracle Batch Payment 35 5) Monthly Ledgers Microfiche 37 C. -
Section I Leadership
Dakota County Juvenile Services Comprehensive Community Plan 2015 – 2018 Dakota County Juvenile Services Comprehensive Community Plan July 1, 2015 – June 30, 2018 SECTION I LEADERSHIP Prepared By: Sarah Deck Dakota County Juvenile Diversion 1601 Broadway P.O. Box 117 Dakota City, NE 68731 [email protected] Chair of Team: Michael Carlson Reporting Center Coordinator, Dist. 6 Probation State of Nebraska 1000 W. 29th Street, Suite 118 South Sioux City, NE 68776 [email protected] Board Chair: Antonio Gomez Dakota County Board of Supervisors P.O. Box 165 Jackson, NE 68743 [email protected] Page 1 Dakota County Juvenile Services Comprehensive Community Plan 2015 – 2018 SECTION II COMMUNITY TEAM Page 2 Dakota County Juvenile Services Comprehensive Community Plan 2015 – 2018 The Dakota County Juvenile Services Comprehensive Plan Team was organized in 2006 with guidance from Mark Martin, a criminal justice consultant. The team has been meeting quarterly since that time. During each team meeting, the team reviews the plan and discusses the progress of each strategy. New ideas or topics are also discussed amongst the team members. The team consists of representatives from various agencies in the county that work directly with juveniles and representatives from the business community. The members represent the county’s School Districts, Law Enforcement, Health and Human Services, Probation, County Attorney, Diversion, County Board, and community stakeholders. Michael Carlson was assigned the position of chairperson by former Project Director, Robert Denton, in 2012. Mr. Carlson assumed the responsibility of organizing and facilitating the meetings until March of 2015 when Sarah Deck, Diversion Coordinator, assumed these duties. -
Proceedings of the Nebraska State Bar Association House of Delegates Meeting, 1959 Joseph C
Nebraska Law Review Volume 39 | Issue 1 Article 2 1960 Proceedings of the Nebraska State Bar Association House of Delegates Meeting, 1959 Joseph C. Tye Nebraska State Bar Association Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Joseph C. Tye, Proceedings of the Nebraska State Bar Association House of Delegates Meeting, 1959, 39 Neb. L. Rev. 1 (1960) Available at: https://digitalcommons.unl.edu/nlr/vol39/iss1/2 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. PRESIDENT JOSEPH C. TYE 1959 OFFICERS OF THE NEBRASKA STATE BAR ASSOCIATION President JOSEPH C. TYE Kearney Chairman of the House of Delegates RICHARD E. HUNTER Hastings Secretary-Treasurer GEORGE H. TuRNER Lincoln EXECUTIVE COUNCIL Joseph C. Tye ------------------------------------------------------------------------------------Kearney Paul H. Bek ....................---------------------------------------------------------------------- Seward Thomas F. Colfer .................................----------------------------....--------- McCook Alfred G. Ellick ----------------------...........................------------------------ - ------- Om aha John R. Fike ----------------------------------------------------------------------------------------Omaha Clarence E. Haley ------------------------------------------------------------------------Hartington -
Supreme Court and Court of Appeals Annual Caseload Report
Nebraska Judicial Branch Annual Caseload Report Supreme Court and Court of Appeals Fiscal Year 2018 July 1, 2017 to June 30, 2018 Nebraska Supreme Court and Court of Appeals Annual Caseload Report Fiscal Year 2018— July 1, 2017 to June 30, 2018 This Annual Caseload Report contains caseload statistics for Nebraska’s appellate level courts: The Nebraska Supreme Court and the Nebraska Court of Appeals. Statistics are compiled through extracts from the SSCALES automated case management system. Providing court statistics ensures transparency to the public and assists administration in ensuring efficient court practices. Reports are available for all levels of state appellate and trial courts at www.supremecourt.ne.gov > Administration > Publications and Reports. Mission of the Nebraska Administrative Office of the Courts: Under the direction of the Nebraska Supreme Court, the Administrative Office of the Courts’ mission is to ensure the public has equal access to justice, using leadership, education, technology, and administrative services to implement consistent, efficient, and effective court practices. Corey R. Steel | Nebraska State Court Administrator Nebraska Supreme Court Rm. 1213 State Capitol | P.O. Box 98910 | Lincoln, NE 68509 T 402.471.3730 | F 402.471.2197 www.supremecourt.ne.gov Nebraska Supreme Court Nebraska Supreme Court Justices Chief Justice Michael G. Heavican Honorable Lindsey Miller-Lerman Honorable Jeffrey J. Funke Honorable William Cassel Honorable Jonathan J. Papik Honorable Stephanie F. Stacy Honorable John R. Freudenberg -
Nebraska Supreme Court Review James A
Nebraska Law Review Volume 48 | Issue 4 Article 7 1969 Nebraska Supreme Court Review James A. Beltzer University of Nebraska College of Law Roger M. Beverage University of Nebraska College of Law, [email protected] Thomas R. Pansing University of Nebraska College of Law, [email protected] John A. Rasmussen Jr. University of Nebraska College of Law, [email protected] Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation James A. Beltzer, Roger M. Beverage, Thomas R. Pansing, and John A. Rasmussen Jr., Nebraska Supreme Court Review, 48 Neb. L. Rev. 985 (1969) Available at: https://digitalcommons.unl.edu/nlr/vol48/iss4/7 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. NEBRASKA SUPREME COURT REVIEW NEBRASKA SUPREME COURT REVIEW The Nebraska Law Review is pleased to introduce in this issue a section devoted exclusively to recent decisions of the Nebraska Supreme Court. This section, to be published on an annual basis, will contain a critical discussion of recent decisions which the Nebraska Law Review believes are either cases of first impression in our court or rulings which substantially alter previous case law in Nebraska. The purpose of the Nebraska section is (1) to provide attorneys in Nebraska and elsewhere with a comprehensive study of the holdings of selected cases and an analysis of how these decisions relate to previous Nebraska decisions, and (2) to provide a forum in which members of the Nebraska Law Review can critically analyze the rationale of the cases in light of decisions in other jurisdictions. -
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If you have issues viewing or accessing this file contact us at NCJRS.gov. ----~ ---- ------~------- ( 1Y; dJ ~ ->. ._,,__ k.,, __, .• .:.::::-.:.....-:_ .. -."'"" __ -.-----. _-..-.___ t-;.:::"'~'--'---·~'·~"·'''-·'·''';-·-'-''''··-'''-''''·' '~-~'~'---'''--''''7'' .• ,~,."~==.-.,.-.~~---......,:----.~,,,.~.--·--.... '7'~·-~~ .. -'-~ ...... ~-'---~ ........... ~~-....... ~~-.:.~~~'1 ~>-"~ _..".,,~ v~_..,~ ..,.,~ ~~._.~_'.~_~~,,,_~,~,_~.~"~~,_.~~ .~-:1 it t ',: .' , National Criminal Justice Reference Service THE 'COURTS ~, .;\!l i =j . I • 1 I y I ( I OF NEBRASKA ,':; Thiz microfiche was produced fcom documents received for I inclusion in the NCJRS data base. Since NCJRS cannot exercise control over the physical condition of the documents submitted, I' the individual frame quality will vary. The resolution chart on i this frame may be used to evaluate the document quality. i \ Q i,. 1.0 ~ 1111/2,8 III"~ ug ~F2 2,2 Il£i r.:. ~3,6 w J:.I 0,,=4,0 1.:1. - r.:. " 1.1 gULl. IIIII:~ .25 11111.1.4 lllll1.6 , n MICROCOPY RESOLUTION TEST CHART NATIONAL BUREAU OF STANDARDS-1963-A [I a ·1 'l Microfilming procedures used to create this fiche comply with the standards set forth in 41CFR 101-11.504. ,', Points of view or opinions stated in this document are A those of the author(s) and do not represent the official i Report on 'I~~eir Structure and Operation , . position or policies of the U. S. Department of Justice. 1980 National Institute of Justice 10/12/82 United States Department of Justicle Washington, D. C. 20531 , ", I , ! -------...,,-..,.........,.,.........,....---.=-- -~ ---- ---- - ~------ \ " ·.11 • THE COURTS OF NEBRASKA 1980 A Report on Tkeir Structure and Operation Prepared by the Office of the State Court Administrator CONTENTS U.S. -
BENJAMIN M. V. JERI S. Cite As 307 Neb
Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 11/10/2020 09:01 AM CST - 733 - Nebraska Supreme Court Advance Sheets 307 Nebraska Reports BENJAMIN M. v. JERI S. Cite as 307 Neb. 733 Benjamin M., appellant, v. Jeri S., appellee. ___ N.W.2d ___ Filed November 6, 2020. No. S-19-1144. 1. Motions to Dismiss: Rules of the Supreme Court: Pleadings: Appeal and Error. A district court’s grant of a motion to dismiss for failure to state a claim under Neb. Ct. R. of Pldg. § 6-1112(b)(6) is reviewed de novo, accepting all the allegations in the complaint as true and drawing all reasonable inferences in favor of the nonmoving party. 2. Statutes: Appeal and Error. Statutory interpretation presents a ques- tion of law. On a question of law, an appellate court is obligated to reach a conclusion independent of the determination reached by the court below. 3. Jurisdiction: Words and Phrases. Subject matter jurisdiction is the power of a tribunal to hear and determine a case in the general class or category to which the proceedings in question belong and to deal with the general subject matter involved. 4. Courts: Jurisdiction: Paternity. District courts have subject matter jurisdiction of actions to determine paternity of a child. 5. Limitations of Actions: Pleadings. A challenge that a pleading is barred by the statute of limitations is a challenge that the pleading fails to allege sufficient facts to constitute a claim upon which relief can be granted. 6. Limitations of Actions: Pleadings: Waiver. -
David a Domina DOMINALAW Group Pc Llo 402 493 4100 2425 South 144Th Street Omaha NE 68144-3267 [email protected]
David A Domina DOMINALAW Group pc llo 402 493 4100 www.dominalaw.com 2425 South 144th Street Omaha NE 68144-3267 [email protected] Professional Practice Trial Practice Exclusively. Over 325 Jury Trials Largest Verdict $1.267 Billion Over 220 Appellate Decisions Two Constitutional Impeachment Trials Nine of Nine Homicide Acquittals Practice Emphasis Persuasion. Trial is a specialty. Many Lawyers talk about Trial, but few do it. Trial practice is not just talk. Argued 220 + cases in State and Federal Appellate Courts 325+ cases to approximately 13,000 jury veniremen Professional Credentials Juris Doctor With Distinction, University of Nebraska at Lincoln. 1972. Licensure State Bar of Michigan # P59800 New York State Bar Assn Reg # on Request Nebraska State Bar Assn # 11043 The Missouri Bar # 24687 US District Court of Kansas US Supreme Court US Courts of Appeals 6th, 8th, 9th, 10th, 11th, & Fed Circuits US Federal Claims Court US Tax Court US District Court District of Nebraska, 1973 US District Court Western District of Missouri, 1973 US District Court Eastern District of New York, 1995 US District Court Western District of New York, 1995 US District Court Northern District of New York, 1995 US District Court Southern District of New York, 1995 US District Court District of Arizona, 1995 US District Court Southern Illinois, 2015 Diplomat American Board of Trial Advocates Commissioned Officer Judge Advocate General Corps, U.S. Army 2017 Significant Cases: Hill v. State of Nebraska, Nebraska Supreme Court, S-16-558, Oral Argument (2017) 2016 Significant Cases: Brozek v. Brozek, 292 Neb. 681 (2016) 2015 Significant Cases: Lead Counsel: DMK Biodiesel, LLC v. -
Legal Education and Bar Admissions: a History of the Nebraska Experience Stephen E
Nebraska Law Review Volume 55 | Issue 4 Article 5 1976 Legal Education and Bar Admissions: A History of the Nebraska Experience Stephen E. Kalish University of Nebraska College of Law Follow this and additional works at: https://digitalcommons.unl.edu/nlr Recommended Citation Stephen E. Kalish, Legal Education and Bar Admissions: A History of the Nebraska Experience, 55 Neb. L. Rev. 596 (1976) Available at: https://digitalcommons.unl.edu/nlr/vol55/iss4/5 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. By Stephen E. Kalish* Legal Education and Bar Admissions: A History of the Nebraska Experience ARTICLE OUTLINE I. INTRODUCTION II. 1854-1867. DECENTRALIZED ACCESS AND MINIMUM EDUCATIONAL STANDARDS III. 1867-1893. DISSATISFACTION WITH DECENTRALIZATION AND WITH LAW OFFICE TRAINING IV. 1893-1910. CENTRALIZED ACCESS AND LAW SCHOOL LEGITIMIZATION V. 1910-1933. DISSATISFACTION WITH LEGISLATIVE STANDARDS; THE LAW SCHOOLS SEEK PRIMACY VI. 1933-1941. THE JUDICIARY SECURES CONTROL; THE FULL-TIME LAW SCHOOLS GAIN PRIMACY VII. 1941-1950. A CODA VIII. CONCLUSION I. INTRODUCTION For the last quarter of a century, a Nebraska bar candidate has been eligible to practice in the state if he or she graduated from a three year full-time or a four year part-time law school approved by the Council on Legal Education and Admissions to the Bar of the American Bar Association, attended at least three years of college before law school, and passed a bar examination administered by a supreme court appointed bar commission.' If the candidate was a licensed practitioner in another jurisdiction, he or she would be eligible for admission in Nebraska if the other jurisdiction had requirements equal to Nebraska's or if he or she had practiced law for five of the ten years before application.