Chief Justice Bids Farewell
Amid the applause of family, friends, and distinguished guests, Chief Justice Mike Heavican bid farewell to his role as Nebraska's 31st Chief Justice. In an October 30, 2024, ceremony filled with complimentary remarks from some of Nebraska’s highest-ranking public officials, Chief Justice Heavican reflected on his 18 years of service. He highlighted the many accomplishments of his fellow justices and expressed deep gratitude to the members of his administrative team throughout his tenure.
Featured speakers at the Chief Justice’s retirement open house included Governor Jim Pillen, former Governor Dave Heineman, U. S. Senator and Former Governor Pete Ricketts, Former Speaker of the Legislature and Congressman Mike Flood, and incoming Chief Justice Jeff Funke. Bookending the remarks while serving as host of the event was State Court Administrator Corey Steel.
Throughout the evening, Heavican’s leadership and contributions to Nebraska’s judicial system were celebrated as he stepped down from his valued leadership position.
Below is a partial list of milestones achieved during Heavican’s tenure as Chief Justice:
2006
- Chief Justice Michael G. Heavican Takes Bench in October
Michael G. Heavican took office as Chief Justice of the Nebraska Supreme Court in October 2006, replacing John V. Hendry. Heavican is the second-longest serving Chief Justice, retiring in October 2024 after 18 years of service.
- Through the Eyes of the Child Initiative
An outgrowth of the Commission on Children in the Courts, the Through the Eyes of the Child Initiative arose from a statewide children’s summit held in September 2006 and planned by Chief Justice John V. Hendry. The name is to remind adults to consider every decision and every action with the immediacy of a young child. Judges, lawyers, and social service workers across the State have banded together to understand our system in a timeframe appropriate for a six-year-old.
- Chief Justice Summer Tour
Shortly after Heavican was named Chief Justice in 2006, he established the goal of visiting every one of the 93 courthouses and communities in Nebraska. These summer visits are not only an opportunity to express the Court’s appreciation to community leaders for their support but also to gain valuable insights into the implementation of policies throughout the state. The Supreme Court and Chief Justice pay particular attention to the effectiveness of various court processes and use the visits to identify areas where assistance is requested, especially in terms of technology and services. All state courts operate under the administrative direction of the Supreme Court.
2008
- Recodification of Nebraska Court Rules
Rules of the Nebraska Supreme Court were recodified and posted to the Judicial Branch Website in 2008. The project was completed by former Judge Robert Hippe of Scottsbluff and Reporter of Decisions office via Dorrene Brown Butterfield.
- Reinstatement of the State of the Judiciary Address
In January, Chief Justice Heavican gave his first State of the Judiciary message where showcased recent projects and programs of the judicial branch to the Nebraska Unicameral and viewers tuned into the address via educational television
Remarking that the judiciary, the Third Branch of government, is often the least understood of the branches, he offered a glimpse into the administration of the courts through a review of statewide improvement efforts.
- Supreme Court Authorizes Television News Cameras in Trial Courts
In March 2008, the Nebraska Supreme Court approved local court rules for two judges in the 1st Judicial District allowing expanded news coverage by broadcasters. Courts were encouraged to develop pilot programs allowing news cameras in trial courts.
2010
- Mandatory Lawyer Continuing Legal Education
Nebraska Supreme Court instituted a court rule requiring ten hours of Mandatory Continuing Legal Education for Lawyers. Supporting the rule, the Court appointed the Mandatory Continuing Judicial Education Advisory Committee.
2013
- President of the Conference of Chief Justices
Michael Heavican, Nebraska, served as president of the Conference of Chief Justices and Chair of the Board of Directors of the National Center for State Courts during 2013-2014 term.
2014
- Public Guardianship Established in Judicial Branch
The Nebraska Legislature passed the Public Guardianship Act in 2014 through LB 920. The Act states, “The Legislature intends that establishment of the Office of Public Guardian will provide services for individuals when no private guardian or private conservator is available. The office is housed in the Judicial Branch.
- Juvenile Justice Reform Implementation
Under the direction of the Supreme Court, the Administrative Office of Probation has completed the process of transitioning delinquent and status youth (e.g., truancy, ungovernable) from the Department of Health and Human Services to Probation. The process was initiated following the passage of LB561 in May 2013 and LB464 in July 2014. The goal of juvenile justice reform in Nebraska is to ensure that youth and families receive services and support that are grounded in juvenile justice best practice research. Nebraska’s reform efforts span the continuum of the system, and Probation has worked collaboratively at the local, state, and national level to build access to evidence-based in-home and out-of-home programming and services that best support youth and families in their communities.
2015
- First Class of Judges Graduate from Leadership Development
The inaugural group of the Chief Justice’s Leadership Development Program graduates received their commemorative awards on May 21, 2015. In conjunction with the Chief Justice’s Annual Leadership Conference, Heavican, through Judicial Branch Education, established a judicial leadership development program bringing together judges of all levels to consider creative ways of providing leadership for the Nebraska Judicial Branch. These judges meet regularly over the course of a year to develop an understanding of ways the courts can work for the betterment of the branch.
- Attorney Services Division Adds programming, including programs formerly operated through the NSBA
Admission to the Practice of Law: Review of all applicants wanting to become Nebraska lawyers remains under the jurisdiction of the Nebraska State Bar Commission which makes recommendations to the Nebraska Supreme Court for admission. Administration of the Uniform Bar Exam in Nebraska and review of applicants who may apply for admission from another state and want to transfer an examination score.
Annual Licensure: Renewal process for licensed lawyers designed to maintain current personal information, trust account information, and malpractice insurance coverage.
- Unauthorized Practice of Law: Investigation of complaints of individuals not authorized by the Nebraska Supreme Court to act as a lawyer or give legal advice, guided by the Nebraska Commission on the Unauthorized Practice of Law.
- Implementation of eNotice
eNotice, a process requiring all attorneys to register for eFiling was implemented in January 2015. The indirect effect of eNotice in its first year was a 29% increase in total cases eFiled from December 2014 to June 2015. eFiling increased by 10% for civil cases, 38% for criminal cases, 159% for juvenile cases, and 31% for probate cases.
- Free online access to official published judicial opinions of the Nebraska Supreme Court and Nebraska Court of Appeals available to the public
On January 1, 2016, text-searchable opinions of the Nebraska Supreme Court dating back to 1871 were made available to the public. The full collection of opinions of the Nebraska Court of Appeals, beginning with its establishment in 1992, were also offered. Previously, appellate court opinions were printed or were available online through various for-profit subscription services. Now, all published opinions are provided via the Nebraska Appellate Courts Online Library and the printed versions of judicial opinions has ceased. Official opinions in the online library are accessible 24/7 using smart phones, tablets, or computers from anywhere with Internet access. Access via the online library allows the appellate courts to make their judicial opinions more easily available to the public.
2016
- Online Opinions Announced as Official Record
Online opinions for Nebraska Appellate Courts designated as official opinions in 2016.
- First High School Argument Session Held by Nebraska Supreme Court
Nebraska Supreme Court establishes education and outreach programming using argument sessions in Nebraska High Schools. The first traveling arguments were held at Omaha Central High on March 31, 2016. Traveling arguments eventually expanded to include multiple high school visits per year -- one in Omaha in conjunction with Creighton Law School arguments, and one in greater Nebraska in conjunction with Law Day.
- Post-Release Supervision
The implementation of “post-release” supervision (monitoring of and assistance for individuals after they leave prison) became a reality in 2016. Previously a parole function through the Executive Branch, the Judicial Branch now oversees the supervision of individuals sentenced under Class III, Class IIIA, or Class IV felonies and assists in their reentry to the community. The courts and probation have tackled the implementation of the new law by creating new court rules, policies, procedures, and programs to accommodate the oversight of this population. This includes the expansion of probation’s successful flagship supervision program known as the Specialized Substance Abuse Program (SSAS).
- Foundation & Judiciary Media Subcommittee
Chief Justice Heavican appointed chair of the Media subcommittee of the PEOPLE Committee (now called the Bench Media Committee) under revised structure. The Committee began as a stand-alone committee in 2006 under the leadership of Judge Todd Hutton. The consistent overarching goal of all iterations of the committee is to ‘Educate Those Who Educate the Public’ and the priority of Relationship Building.
- Veterans Treatment Courts Established in Nebraska
Nebraska’s first Veterans Treatment Court started in Douglas County in November 2016, and the second began operation in Lancaster County in April 2017. The Nebraska Supreme Court Committee on Problem-Solving Courts governs Veterans Treatment Courts under the direction of the Nebraska Supreme Court.
2017
- Cameras in County and District Court Courtrooms
Rules for Expanded News Media Coverage in Nebraska Trial Courts became effective in March 2017 allowing news stations to take video and still photographs in trial courts.
- Supreme Court Establishes Access to Justice Commission
The Supreme Court’s Access to Justice Commission was established in 2017 with the mission to identify barriers to equal access in Nebraska and to recommend and coordinate effective solutions so that all court users have equal access to swift, fair justice. The Commission’s subcommittees are Committee on Equity and Fairness, Self-Represented Litigation Committee, and Consortium of Tribal, State, and Federal Courts.
- Victim Youth Conferencing
The Office of Dispute Resolution successfully implemented the Victim Youth Conferencing pilot project in Judicial Districts 3, 4, and 12. Victim Youth Conferencing is a restorative (as contrasted to retributive) practice intended for the youth to repair the harm of vandalism, burglary, assault upon a victim. An external evaluation reported that 70 youth and 114 victims were served during the first year; 93% achieved reparations agreements with 97% satisfaction of youth, parents and victims. Preliminary recidivism data reflect a significantly low percentage of 17% of youth who re-offend a year after participating.
- Reentry Courts in Nebraska
Nebraska’s first Reentry Court opened in the 9th Judicial District on August 23, 2017, and the second Reentry Court was established in the 2nd Judicial District on January 3, 2018. Reentry courts manage the transition of individuals from prison back into the community, using the authority of the court to apply sanctions and positive reinforcement and to arrange resources to support the prisoner’s reintegration. Reentry courts are authorized individually by the Nebraska Supreme Court who approved Best Practice Standards for Reentry Courts on June 20, 2017, at the request of the Nebraska Supreme Court’s Problem-Solving Court Committee.
2018
- Consortium of Tribal, State, and Federal Courts
The Nebraska Supreme Court approved the creation of a Consortium on Tribal State and Federal Courts during a special consultation held on August 30, 2018. The Consortium was established following a Chief Justice Summer Tour education session in South Sioux City with State Court and Tribal Court judges. It is now a subcommittee of the Access to Justice Commission.
Following establishment, the Consortium traveled to four locations around the state to engage in initial conversations with Nebraska’s Native American communities through a National Center for State Courts grant. Chief Justice Michael Heavican joined facilitators at all meetings. The Public Engagement’s initial outreach was completed following the pandemic, during the 2022 Chief Justice’s Summer Tour.
- Civil Justice Reform Committee
In October 2018, the Nebraska Supreme Court formed a Civil Justice Reform Committee designed to analyze the civil justice system in Nebraska and consider methods for improvement. In particular, the committee will review national recommendations to make state justice systems more innovative and cost-effective.
- Restorative Justice
Office of Dispute Resolution Expanded to Include Restorative Justice following LB595 during the 105th legislative session. The law enlarges the Dispute Resolution Advisory Council and establishes new definitions of restorative justice practice for the State of Nebraska. Restorative justice views crime as harm against people and relationships as opposed to retributive justice, which is strictly punitive. Restorative practices provide opportunities for those who have harmed others to take accountability for their actions and make amends to the victims of an incident. Restorative justice first and foremost is victim-sensitive and is designed to provide an opportunity for the victim to be made whole and to feel secure.
- Omaha Bar Association Robert Spire Award
The Omaha Bar Association presented Chief Justice Mike Heavican with their Public Service Award during the Law Day luncheon in Omaha on May 1, 2018. The award is named for the late Robert M. Spire, former Attorney General for the State of Nebraska.
- Lifetime Achievement Award, UNO
Chief Justice Heavican given College of Public Affairs and Community Service School of Criminology and Criminal Justice 2018 Lifetime Achievement Award
2019
- Nebraska Hosts National Summit on Pandemic Preparedness
Participants from the nation’s state courts attended a Summit on Pandemic Preparedness at the University of Nebraska Medical Center (UNMC) on May 22 – 24, 2019. The summit, hosted by Nebraska Chief Justice Michael G. Heavican, brought together state court chief justices and other court leaders, health officials, and members of the legislative and executive branches to discuss ways in which a pandemic outbreak will be addressed by the court system and other entities when the need arises.
- Combined Clerk of Court Offices
Deuel and Garden Counties became the second and third counties in Nebraska to consolidate the offices of the Clerk of the District Court and Clerk Magistrate under legislation authorizing agreements in areas with ex officio clerks of district court. Clerk Magistrates from Deuel County and Garden County assumed the duties as of ex officio clerk of district court for their respective counties in April 2019.
- Nebraska State Bar Foundation Public Service Award 2019
Nebraska Supreme Court Chief Justice Mike Heavican received the Nebraska State Bar Foundation's prestigious Public Service Award. The award was presented March 13 at the Foundation's 32nd Annual Fellows Dinner at the Holland Center in Omaha. Presenting the award was District Court Judge John Colborn.
2020
- First COVID-19 Order Issued by Chief Justice
Chief Justice Michael G. Heavican issued an Administrative Order on March 12, 2020, regarding the Novel Coronavirus and COVID-19, which announced a state-wide Emergency Preparedness Plan for all state trial courts and all probation offices. The Chief Justice’s Administrative Order also set out requirements for counsel, parties, and probation clients who may have been exposed to or diagnosed with COVID-19 regarding attendance at court hearings or trials, depositions, and/or probation supervision meetings.
- Mental Health Court
Nebraska’s only Mental Health Court was established on December 23, 2020, in Sarpy County
- Chief Justice Michael G. Heavican Issues Equity Statement to Nebraska’s Court Family and Legal Community
On June 11, 2020, Chief Justice Heavican released a formal statement regarding recent events in Nebraska and across the nation that have rightly focused attention on persons of color and other historically disadvantaged persons seeking equal access to justice. According to the Chief, no institution in this state plays a more pivotal role in providing equal access to justice than Nebraska’s courts.
Nebraska’s State motto is “Equality Before the Law.” And our Constitution says that “all courts shall be open, and every person, for any injury done him or her in his or her lands, goods, person, or reputation, shall have a remedy by due course of law and justice administered without denial or delay . . . .”
- First Proclamation Issued on Behalf of the Nebraska Judicial Branch
Chief Heavican issued a proclamation declaring July 19-25, 2020, as Nebraska Probation Week establishing a future pattern of proclamations from the Judicial Branch. Later proclamations were established for Probation Supervision Week, Trial Court Week, and Problem-Solving Court Month. Each proclamation is presented on behalf of the Nebraska Judicial Branch urging all citizens – particularly those within the legal community – to take note of the occasion.
2021
- Heavican Inducted into Warren Burger Society
Nebraska Supreme Court Chief Justice Michael G. Heavican was inducted into the 2021 Warren E. Burger Society through the National Center for State Courts.
Accomplishments of Nebraska’s Chief Justice were celebrated at an event in Washington, D.C., on Thursday, November 18, 2021. Among the achievements noted are his leadership of Nebraska courts allowing cameras in the courtroom, digitizing court records for online case management, establishing an Office of the Public Guardian, and encouraging legal self-help desks across the state. On a national level, Heavican is a past president of the Conference of Chief Justices (CCJ) and serves as CCJ’s representative to the Council of State Governments and Joint CCJ/COSCA committees on Criminal Justice, Elders and the Courts, and Government Affairs.
2022
- First Installation of Supreme Court-Funded Technology Upgrade
Cedar County was the first of nearly 200 trial court courtrooms to enhance audio-visual equipment through the Nebraska Judicial Branch courtroom technology upgrade project. Following the Cedar County installation, courthouses and judicial centers across the state underwent a similar transformation based on their needs and existing technology infrastructure.
- Family Treatment Court
Nebraska’s first Family Treatment Court was established in February 2022. Lancaster County Family Treatment Court Strengthens Services to Reunite Children through timely reunification of children with their families in a safe and healthy environment. Directed by the Separate Juvenile Court, the Family Drug Treatment Court handles selected abuse, neglect, and dependency cases where parental substance abuse is a primary factor.
- Chief Justice Summer Tour: 2022 Journey Wraps-up Visits to All 93 Nebraska Counties
What began as a summer 2009 visit to the 10th Judicial District to view the area’s innovative use of technology turned into a goal by the Chief Justice to visit each Nebraska courthouse during the tenure of his administration. Heavican had visited many state and federal courthouses before becoming Chief Justice but felt he would like to visit every county courthouse while serving as the leader of the third branch of government.
2022 marked the completion of that goal.
2023
- Guest News Column Regarding 50 Years of Language Access in Nebraska Courts
Nebraska Supreme Court Chief Justice Michael G. Heavican issued a guest column to newspapers noting the Nebraska Judicial Branch’s commemoration of the Legislature’s passage of Neb. Rev. Stat. §25-2401 - Interpreters; public policy. This milestone not only acknowledges our commitment to a fair and impartial legal system, but also highlights the need for continued progress and improvement to ensure deaf, hard of hearing, and limited English proficient (LEP) court users have access to courts and probation services.
2024
- Guest News Column Regarding Statewide Upgrade of Courtroom Technology by the Judicial Branch
From Chief Justice Heavican:
As I near the conclusion of my time as Chief Justice, one of the most expansive initiatives undertaken during my tenure is also nearing completion—the statewide upgrade of trial courtroom technology across Nebraska. In the fall of 2021, following the challenges we faced during the pandemic, our Supreme Court committed to ensuring that our trial courts are equipped with modern audio-visual (A/V) systems to meet the demands of the present and future.
Historically, Nebraska’s counties have been responsible for maintaining courtroom technology, as required by law. These partnerships have long been valuable to the judicial branch, but they have also led to significant variations in the technological capabilities of our courtrooms. Some courts were equipped with modern systems, while others struggled with outdated or limited technology. With this project we wanted to create a level of standardization across the state’s courtrooms, ensuring a consistent experience no matter where in Nebraska one appears before a judge.
…
For me, this initiative is a cornerstone of our broader strategic agenda, which aims to enhance access to swift and fair justice for all Nebraskans. As I prepare to retire in October 2024, I am proud to know that this project will leave a lasting legacy, providing our courts with the tools they need to serve the people of Nebraska more effectively in the years to come.
Photo: State Court Administrator Corey Steel welcomes guests to Chief Justice Heavican’s retirement reception in the state capitol rotunda. Speakers (l to r) Justice Jeffrey Funke, Justice Mike Heavican, Corey Steel, former Governor Dave Heineman (behind podium), U. S. Senator Pete Ricketts, Congressman Mike Flood.