Article 5: Juvenile Court Judicial Hearing Officer Rules.

Article 5: Juvenile Court Judicial Hearing Officer Rules.

(Adopted January 25, 2023.)

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§ 4-501. Juvenile Court Judicial Hearing Officers.

§ 4-501. Juvenile Court Judicial Hearing Officers.

   The Supreme Court may appoint Judicial Hearing Officers as needed to serve on a full‑time or a part-time basis for county courts sitting as juvenile courts or for the separate juvenile courts (collectively juvenile courts). Such Judicial Hearing Officers shall serve as directed by the Supreme Court and shall receive a salary as established by the Supreme Court.

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§ 4-502. Appointment of Juvenile Court Judicial Hearing Officers.

§ 4-502. Appointment of Juvenile Court Judicial Hearing Officers.

   (A) At a minimum, to be qualified for appointment as a Judicial Hearing Officer, a person shall:

   (1) Be an attorney in good standing admitted to the practice of law in the State of Nebraska for a minimum of five (5) years;

   (2) Be an attorney who has practiced before the juvenile court for a minimum of four (4) years;

   (3) Be willing to submit to personal background checks, which would include criminal history background checks, a search of the Central Registry, and a search of Sex Offender Registr(ies), and be willing to submit a Waiver of Confidentiality, a Fair Credit Reporting Act Disclosure Statement, and other similar requirements as part of the application process;

   (4) Continue to abide by the Nebraska Rules of Professional Conduct and also abide by the Nebraska Revised Code of Judicial Conduct; and

   (5) Be administered oaths by any judge of the State of Nebraska consistent with Neb. Const. art. XV, § 1, and with Neb. Rev. Stat. § 24-230.

   (B) A Judicial Hearing Officer may be removed at any time by the Supreme Court.

   (C) The appointment of a Judicial Hearing Officer shall be appointed by written order.

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§ 4-503. Duties of Juvenile Court Judicial Hearing Officers.

§ 4-503. Duties of Juvenile Court Judicial Hearing Officers.

   Upon referral by the juvenile court, a Judicial Hearing Officer shall have the following powers and duties:

   (A) A Judicial Hearing Officer shall have the power to preside upon, hear, and determine any proceeding under the Nebraska Juvenile Code, which does not include proceedings brought under Neb. Rev. Stat. § 71-6903.

   (B) A Judicial Hearing Officer shall have the power to administer all necessary oaths, supervise pretrial preparation pursuant to the rules of discovery, grant continuances and adjournments, recommend the appointment of counsel for indigent parties, recommend the appointment of a guardian ad litem for minor children, and carry out any other duties permitted by law, the Nebraska Supreme Court Rules, or as directed by the Supreme Court.

   (C) Consistent with a Judicial Hearing Officer’s power to preside upon, hear, and determine proceedings as provided in subsection (A), the functions of a Judicial Hearing Officer shall, at a minimum, include the following:

   (1) Taking testimony and establishing and preserving a record;

   (2) Evaluating evidence, making findings of fact and/or law, making recommendations, and establishing and enforcing orders;

   (3) Issuing summons and enforcing the attendance of parties; and

   (4) Actions presided by, heard by, or determined by a Judicial Hearing Officer shall be completed in accordance with all Nebraska Supreme Court Rules, including, but not limited to, Neb. Ct. R. § 6-104.

   (D) If any proceeding involves complex issues which requires judicial resolution, the Judicial Hearing Officer, after consultation with and permission from the county or juvenile judge (judge), may transfer the matter back to the judge, or the judge may transfer the case back to his or her docket at his or her discretion.

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§ 4-504. Safeguards.

§ 4-504. Safeguards.

   The parties or their attorneys shall have the right to take exceptions to the findings and/or recommendations made by the Judicial Hearing Officer and to have a further hearing before such juvenile court for final disposition. The following procedure shall be utilized for exception hearings:

   (A) A hearing before a Judicial Hearing Officer shall be conducted in the same manner as a hearing before the juvenile court. Testimony in such matters shall be preserved by digital recording or other prescribed means and shall be in accordance with prescribed standards. Transcriptions of all hearings shall be available upon request, and all costs of preparing the transcription shall be paid by the party for whom it is prepared.

   (B) Upon the hearing of a matter, the Judicial Hearing Officer shall prepare in writing his or her findings and recommendations, and shall submit a report to the juvenile court containing findings of fact and law as well as recommendations.

   (C) Upon receiving the findings and recommendations from the Judicial Hearing Officer and when no exception is filed, the juvenile court shall review the report of the Judicial Hearing Officer de novo on the record, and in the juvenile court’s discretion, the juvenile court may approve, modify, or reject the recommendations of the Judicial Hearing Officer and make its own determinations and enter judgment based thereon. Any statutory right of appeal or rehearing shall remain reserved to all parties.

   (D) The parties shall have the right to take exception to the findings and recommendations of the Judicial Hearing Officer within seven (7) days and to have a hearing by the juvenile court before final disposition. Upon receiving the findings and recommendations, the juvenile court shall have the discretion to allow the presentation of new or additional evidence, and at the conclusion of the hearing, the juvenile court has the discretion to approve, modify, or reject the recommendations of the Judicial Hearing Officer and make its own determinations and enter judgment based thereon. Any statutory rights of appeal or rehearing shall remain reserved to all parties.

   (E) Upon filing the notice of exception with the clerk of the court from which the exception is being taken, the petitioner shall also file with that juvenile court a request directing the clerk to prepare a transcript, with the petitioner identifying the pleading or document to be included in the transcript by listing the name of the pleading or document and its date of filing. The petitioner shall also request the court reporting personnel to make or have made an expedited audio file and/or a verbatim record of the hearing(s) from which an exception is being made.

   (F) To be enforceable, the Judicial Hearing Officer’s recommendations must be entered as an order by a judge.

   (G) The parties must be provided a copy of the recommendation of the Judicial Hearing Officer and the approved order by the juvenile court.

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§ 4-505. Training and continuing legal education requirements for Juvenile Court Judicial Hearing Officers.

§ 4-505. Training and continuing legal education requirements for Juvenile Court Judicial Hearing Officers.

   Judicial Hearing Officer shall complete continuing judicial branch education consistent with Neb. Ct. R. § 1-503 and shall participate in additional training as directed by the Supreme Court. Said additional training could include education that pertains to juvenile court practice and procedure, juvenile court appellate issues, family dynamics, substance abuse evaluations and treatment for parents and minor children, domestic abuse within the family, juvenile and family strength-based training, truancy, family poverty issues, roles of the parties in juvenile court, and other issues as deemed appropriate by the Supreme Court.

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