The following rule is adopted by the District and County Courts of the First Judicial District for Modified Operating Procedures effective January 1, 2022.

  A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

  B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures are not possible.

  C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the First Judicial District.

  (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

  (2) Local stakeholders shall include but not be limited to the following: First Judicial District Judges, County and District Court Clerks and Clerk Magistrates, County Board, Local law enforcement (Chief of Police and Sheriff), County Attorney’s Office, Public Defender’s Office, Local Health Boards, Probation, Corrections, and Local County Bar Association.

  (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

  D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the entry doors of the affected Courthouse(s), local media outlets, web sites, and any other means as determined by the Presiding Judges.

  E. Modified Operating Procedures:

  (1) Upon interruption of normal operating procedures by pandemic, natural disaster or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

  (2) Essential functions shall include the following:

  (a) All Custodial Criminal proceedings;

  (b) Protection Orders;

  (c) Receipt of all filings.

  (d) Criminal warrants (not to include time payment warrants).

  (e) Juvenile intakes.

  (f) Receipt of financial payments.

  (g) Processing of appeals.

  (h) Habeas Corpus proceedings.

  (i) Statutorily mandated proceedings.

  (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

  (k) Any other matters deemed essential upon determination by the Presiding Judges of the District.

  (3) The Presiding Judges of the County and District Courts of the First Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

  (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

  (b) Relocation of the Actual Court Rooms.

  (c) Alternative filing methods.

  (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

  F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

  G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved March 22, 2023.

   The following rule is adopted by the District and County Courts of the First Judicial District for the appointment of counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

  (1) Counsel for indigent defendants shall be provided in accordance with Neb. Rev. Stat. §§ 29-3901 to 29-3908. Attorneys shall provide legal counsel to all clients in a professional, skilled manner consistent with the Nebraska Supreme Court Rules of Professional Conduct. Each county’s public defender shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. The rules set out in the paragraphs below deal with the appointment of licensed attorneys to handle indigent defendants when no local public defender is available.

  (2) Each clerk of the county and district court shall maintain a list of all licensed attorneys who have filed a letter with the court clerk requesting they be placed on the list to accept appointments in criminal cases in the First Judicial District in accordance with paragraphs (7) and (10) below. The list shall have a priority category listing as follows: The first category listing shall include such attorneys having an office located within the county of such appointment. The second category listing shall include names of attorneys having an office location within any of the counties immediately adjacent to the county of such appointment. The third category listing shall include names of attorneys having an office location within the First Judicial District. The list shall be held by the court clerk and be open for public inspection on request. The list shall have the name, Nebraska Bar number, office location, and telephone number of each practicing attorney.

  (3) Each clerk shall keep a separate list of case appointments of licensed attorneys to indigent defendants. The list shall include the name, Nebraska Bar number, criminal case number, and date of appointment of the attorney to the case. This list shall also be open to public inspection upon request.

  (4) The appointment of attorneys to indigent defendants shall be on a rotation basis, using the first category listing above. No attorney on the first category listing shall be appointed to an indigent defendant a second time without first ensuring that all attorneys on the first category have been appointed on cases in their order on the listing or have been disqualified based upon conflicts. Attorneys on the second category listing shall be used only when no first category listing attorneys are available. Any use of second category listings shall be on rotation process similar to first category listing above. Attorneys on the third category listing shall be used only when no first or second category listing attorneys are available. Any use of third category listings shall be on rotation process similar to first category listing above.

  (5) Nothing stated above shall prevent a court from skipping the category listings above and appointing the Nebraska Commission on Advocacy (NCOA) on a case-by-case basis for any indigent defendants. Any such appointment of the attorneys of NCOA shall be listed on the separate list of case appointments set out in paragraph (3) above.

  (6) Nothing stated above shall prevent the court from skipping the category listings above and appointing a licensed attorney on a case-by-case basis for any indigent defendants. Any such appointment of attorneys shall be listed on the separate list of case appointments set out in paragraph (3) above.

  (7) All active practicing attorneys who have offices located within any of the categories listed above who want appointments in criminal cases shall file a letter with such request with the clerks of the county and district court in the county in which their office is located. The clerks in such counties will then send copies of the letters to all county and district clerks within the First District for filing in those counties.

  (8) No attorney will be removed from the list unless: (a) The attorney files a written request for removal with the clerks of the county and district court in the county in which their office is located, or (b) the attorney is ordered removed from the list by a judge in the First District after notice and opportunity for hearing.

  (9) An attorney may, with the consent of the court, designate a member of his/her firm to appear on behalf of an indigent defendant.

  (10) It is the intent of this rule that a practicing attorney need only file his/her request for criminal assignments once with the county and district court clerks of the county in which his/her office is located.  The county court clerks of such courts will have responsibility to file copies of the letters with all of the other county court clerks in the First District. The district court clerks of such courts will have the responsibility to file copies of the letters with all of the other district court clerks in the First District. Any practicing attorney that has an office in more than one county in the district need not file his/her request with both such counties.

Approved December 10, 2014.

   Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made by filing a request with the Clerk at least three (3) business days in advance of the hearing. Each party appearing by video will need to be logged in 5 minutes in advance of the hearing.

  Testimonial hearings shall not be conducted by video except for when extraordinary circumstances arise, and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 16, 2023; amended March 15, 2023.

   Government has an ethical responsibility to ensure the safety of its constituents and jurisdiction, including the Courts of the Second Judicial District. It also has a legal obligation to operate in a prudent and efficient manner, even during an impending threat or following a disaster. The decision to invoke emergency modified court operations as well as the return to normal operations shall be made by the presiding judges of the district, county, and juvenile courts after consultation with local stakeholders. The designation to invoke emergency modified court operations or to return to normal operations shall be made on the initiative of said judges, who may consider whether there has been an implementation of the Continuity of Operations Management Program (COMP), as enacted by the Sarpy County Board of Commissioners or by the Cass County Board of Commissioners or Otoe County Board of Commissioners in relation to Otoe County Court operations. This COMP provides guidance to perform the court’s essential functions as part of a continuity of operations capability. Local stakeholders shall include but not be limited to the following: Second Judicial District Judges, District and County Court Clerks and Clerk Magistrates, County Board, local law enforcement (Chiefs of Police and Sheriffs), County Attorney’s Office, Public Defender’s Office, local Health Department, Probation, Corrections, and State and County Bar Leaders.

  When an event occurs that may require the implementation of Emergency Modified Court Operations, the presiding judges of the district court, county court, and the separate juvenile court shall convene. The judges will identify which court operations are to be modified to maintain essential court functions, including:

  1. Criminal proceedings;
   2. Receipt of filings;
   3. Processing of warrants;
   4. Juvenile intake/detention filings;
   5. Processing of appeals;
   6. Any proceedings required by law;
   7. Protection orders;
   8. Landlord/tenant proceedings; and
   9. Any other matters determined to be “essential” by the presiding judges.

  The Presiding Judges of the District Court and the Juvenile Court shall contact the Clerks of the District Court and the Administrative Office of the Nebraska Supreme Court concerning the event and the implementation of Emergency Modified Court Operations.

  The Presiding Judge of the County Court shall contact the Clerks of the County Courts concerning the event and the implementation of Emergency Modified Court Operations.

  The Public Information Director for the respective counties shall provide notification of the Emergency Modified Court Operations and the contingency plans to attorneys and the public as well as the return to normal operations. Said information shall also appear on counties’ and courts’ websites. If practical, the contingency plan shall also be posted outside the courthouse and, if available, outside the courtrooms. Presiding judges of respective courts will also keep staff who may interact with the public informed of modified operations.

  Depending on the reason for modified operations, the presiding judges shall utilize procedures to carry out essential court functions, including, but not limited to:

  1. Remote technology;
   2. Alternative sites for hearings;
   3. Alternative filing methods; and
   4. Physical access by the public.

  These procedures shall be reduced to writing and provided to the other judges of the district, including any subsequent modifications.

Approved April 19, 2023.

   Effective January 1, 2022, the County Court for the Second Judicial District shall employ the following protocol for remote technology for court proceedings:

  A. It is presumed that all County Court proceedings will be conducted in person. Attorneys and/or self-represented litigants may file a motion to appear remotely via video conferencing at least three (3) business days in advance of the hearing. Each judge will review and rule on said motions on a case-by-case basis consistent with Neb. Rev. Stat.
§ 24-734. If the judge denies or does not rule on the motion in advance of the scheduled hearing or trial date, then movant is expected to appear in person at the hearing.

  Video conferencing means conducting, appearing in, or participating in a court proceeding by the use of video, electronic, or telephonic technology with contemporaneous interactions among the participants.

  B. Decorum. Hearings held by remote technology are conducted as if they were occurring in court. Counsel and litigants shall remain muted unless directed elsewise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and parties shall not conduct other business during the hearing unless an emergency dictates otherwise. Counsel and parties shall be respectful to all involved. Audio and video recording of the hearing is strictly prohibited, subject to the Rules for Expanded Media Coverage in Nebraska Trial Courts.

Approved February 22, 2023; amended March 15, 2023.

Rule for Expanded Media Coverage in Nebraska Trial Courts: County Courts of the Second Judicial District (PDF)

Rule on Appointment of Counsel for Indigent Defendants in Criminal Cases (PDF)

   A. Authority. Pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467, the judges of the District and County Courts of Lancaster County (the Courts) adopt this rule to appoint counsel for any person who is financially unable to obtain representation in felony and misdemeanor cases pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 and Cum. Supp. 2012).

   B. Statement of Policy. This rule shall be administered so that those eligible for services pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 and Cum. Supp. 2012) will not be deprived of representation because they are financially unable to pay for representation. The further objective of this rule is to particularize the process for court appointments in Lancaster County, Nebraska.

   C. Appointment of Private Attorneys. The Lancaster County Public Defender’s Office shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. In those cases where the Lancaster County Public Defender’s Office has a conflict and the case is one where the Nebraska Commission on Public Advocacy may be appointed, the Nebraska Commission on Public Advocacy will have priority for appointment. This rule establishes the process for the appointment of private attorneys to represent indigent defendants when the Public Defender and Nebraska Commission on Public Advocacy are not available. The rules for the composition, administration, and management of the panel of private attorneys pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467 are set forth below.

   D. Duties of Appointed Counsel. Attorneys appointed shall conform to the highest standards of professional conduct. Neb. Ct. R. of Prof. Cond. § 3-501.1 requires a lawyer to provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, preparation, and judgment reasonably necessary for the representation. If an attorney cannot properly represent a defendant on his/her charge(s), the attorney has a duty to decline appointment or withdraw from the case.

   E. Composition of Panel. The panel of eligible attorneys shall consist of a list of all licensed attorneys who have requested and are willing to accept appointments in criminal cases in the district. The list shall include the name, Nebraska bar number, office address, telephone number, and email address of each attorney. The Lancaster County Court Appointment Coordinator shall maintain the list, and the information concerning the members of the panel (name, bar number, address, telephone, and email only) shall be open for public inspection upon request.

   Attorneys who serve on the panel must be members in good standing of the Nebraska State Bar Association, are expected to demonstrate experience and knowledge of the Nebraska Rules of Criminal Procedure and the Nebraska Rules of Evidence, and must display skill in representation and trial advocacy. Members of the panel shall serve indefinitely and continuously at the pleasure of the Courts.

   F. Procedure for Appointments. The Lancaster County Court and District Court use computer software which automatically selects attorneys for case appointment in an efficient and unbiased manner. Appointments from the panel will be made on a rotational basis, subject to the court’s discretion to make exception due to the nature and complexity of cases.

   To facilitate the procedure and to ensure quality representation of indigent defendants in all types of cases, the panel of court appointed attorneys will be divided into the following categories of appointment:

❑ Homicide-(Murder 1 or 2) & Felony 1 Cases                  ❑ Misdemeanor Cases

❑ Felony 2 and 2A Cases                                                                     ❑ Traffic-DUI Cases

❑ Felony 3, 3A, and 4 Cases                                           

   G. Request for Appointment. To be considered for appointment to the panel, a private attorney shall complete the form entitled “Appointment Request Form” (Appendix A) and shall file it with the Lancaster County Court Appointment Coordinator. The County and/or District Court judges will review the request and place the attorney on the list in the appropriate category/categories. In the event a decision is made that the attorney is placed in a category or categories different than those requested, he or she will be notified in writing. If an attorney disputes their category placement, he/she may submit their reason for such dispute. The dispute will then be considered by the County and/or District Court judges and a decision, made by a majority of the County and/or District Court judges will be provided to the attorney, in writing. Any private attorney on the panel may request to be removed from the panel at any time by sending a letter to the Lancaster County Court Appointment Coordinator, 575 South 10th Street, Lincoln, NE 68508, or by sending an email to nsc.lancaster.cc@nebraska.gov.

   H. Maintenance of Panel. An attorney may be removed or suspended as appropriate, from one or more appointment categories by a majority decision of the County and/or District Court judges (depending upon the category). If an attorney is removed or suspended, he/she will be notified in writing. If an attorney disputes removal or suspension, he/she may respond by submitting a reason for the dispute and a current resume to the Court at the address or email in Paragraph G above. Reinstatement will then be considered by the County and District Court judges.

   I. Effective Date. This rule shall become effective January 1, 2015.

Approved November 26, 2014, effective  January 1, 2015; (F) amended September 23, 2015.

   The following rule has been jointly adopted by the County Court, District Court, and Separate Juvenile Court in Lancaster County, Nebraska, and sets out the procedures governing emergency modified court operations in this district.

  1. Emergency modified court operations will be implemented when an emergency exists, arises, or is declared that substantially impairs the ability of the courts to operate or that jeopardizes the health and safety of persons who work in or utilize the courts in a manner that cannot otherwise be managed without significant modifications to court operations.

  2. The decision to implement emergency modified court operations as well as the decision to return to normal operations will be made collectively by the presiding judges of the District Court, County Court, and Separate Juvenile Court of Lancaster County (the “Emergency Committee”) after consultation with the judges of those courts and, when appropriate, consultation with public health and safety partners which may include, but is not limited to, Emergency Management, Lincoln/Lancaster County Health Department, Nebraska Department of Health and Human Services, and state/local law enforcement agencies.

  3. In addition to the judges, other stakeholders to be included in any planning and implementation of modified court operations may include, but is not limited to: the Clerk of the District Court, the Clerk of the County Court, District Court Administrator, County Court Administrator, Juvenile Court Administrator, Lancaster County Sheriff’s Office, including courthouse security personnel, Lincoln Police Department, Lancaster County Board of Commissioners, Lincoln/Lancaster County Building Commission, Lancaster County Corrections, Nebraska Department of Correctional Services, Lancaster County Attorney, Lancaster County Public Defender, Lincoln City Attorney, Lancaster County Youth Detention Center, Lincoln/Lancaster County Health Department, Nebraska Department of Health and Human Services, Probation Administration, Emergency Management, State and Local Information Services.

  This list of stakeholders is not exhaustive. Others may be added and/or consulted as the need arises.

  4. It will be the duty of the presiding judge of the District Court to coordinate and facilitate communication with the group of justice stakeholders to develop and implement any emergency modified court operations plan. This single point of contact for facilitating and coordinating information and communication is intended to streamline efforts to develop and implement any necessary modifications to court services, communicate those modifications to stakeholders, as well as to plan, implement, and communicate when normal operations may resume.

  5. Any modified court operations plan will, at a minimum, consider and address the following mission essential functions:

  a. District and County Court arraignments, including those for people in custody;

  b. District and County Court bond reviews, including those for people in custody;

  c. Appointment of counsel;

  d. Protection orders, including how applicants will apply and how to hold hearings;

  e. Ex parte motions;

  f. Clerk’s accepting/processing new cases and new pleadings;

  g. Pleas and sentencings, including for those who are in custody;

  h. Landlord/Tenant cases;

  i. Probate and adoption cases;

  j. Civil and criminal jury trials in District and County Court;

  k. Processing probable cause affidavits;

  l. Processing arrest/search warrants;

  m. Juvenile emergency custody/detention hearings;

  n. Providing public access to the courts;

  o. Receipt, deposit, and accounting for money paid to the court;

  p. Appeals;

  q. Habeas Corpus petitions;

  r. Injunctions;

  s. Mental Health Board proceedings;

  t. Establishment and enforcement of child support; and

  u. Competency hearings.

  6. When emergency modified court operations are implemented or discontinued, court users and the public will be notified by the presiding judge of the District, County, and Juvenile Court issuing notice and copies of the modified court operations plans to:

  a. Local print and broadcast media,

  b. The Nebraska Bar Association,

  c. The Lincoln Bar Association,

  d. The Administrative Office of the Courts and Probation,

  e. The Clerks of the District and County Courts,

  f. By posting in the Hall of Justice,

  g. State and local law enforcement agencies,

  h. County Corrections, Juvenile Detention, and Nebraska Department of Correctional Services,

  i. Local Adult and Juvenile Probation,

  j. And by any other means likely to reach those in need of such information.

Approved March 22, 2023.

 A. It shall be presumed that all court proceedings in the Third Judicial District will be conducted in person. However, court proceedings may be conducted by telephone, videoconferencing, or similar methods (“remote technology”) as follows:

  1. In its discretion, the Court may order that a court proceeding not involving testimony of witnesses by oral examination be conducted by remote technology.

  2. By agreement of the parties, and with permission of the Court, any court proceeding may be conducted by remote technology.

  3. In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a court proceeding, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

  4. If Emergency Modified Court Operations are in effect, the administrative orders recommended by the Emergency Committee for the Third Judicial District and issued by the respective courts shall govern the use of remote technology for court proceedings.

  B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the appropriate court representative (i.e., Bailiff, Judicial Assistant, etc.) to receive instructions and, if necessary, a case-specific invitation to participate in the court proceeding.

  C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court reporting personnel and all opposing parties in a timely manner prior to the hearing, or as otherwise provided by law. Exhibits shall be in PDF format unless approved in advance by the court reporting personnel. Exhibits or affidavits that exceed an aggregate total, often (10) pages, shall be submitted to the Court in hard copy.

  D. Supreme Court Rules and Local Rules of the Third Judicial District governing courtroom decorum and participation by videoconferencing shall apply to court proceedings conducted by remote technology.

Approved February 8, 2023.

   When attempting the following remedies/procedures listed below, the forms provided by the Clerk of the Court, and only those forms, may be used:

   A. Authority. Pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467, the judges of the District Court and County Court of Douglas County (the Courts) adopt this rule for furnishing conflict representation in the Courts for any person who is financially unable to obtain adequate representation in felony, misdemeanor, or post-conviction cases pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 & Cum. Supp. 2014).

  B. Statement of Policy. The objective of this plan is to attain the ideal of equality before the law for all persons. This plan shall be administered so that those eligible for services pursuant to Neb. Rev. Stat. §§ 29-3901 to 29-3908 and §§ 29-3001 to 29-3004 (Reissue 2008 & Cum. Supp. 2014) will not be deprived of any element of representation necessary to an adequate defense because they are financially unable to pay for adequate representation. The further objective of this plan is to particularize the requirements for court appointments in Douglas County, Nebraska.

  C. Appointment of Private Attorneys. The Douglas County Public Defender’s Office shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. This rule establishes the process for the appointment of private attorneys to represent indigent defendants when the Public Defender’s staff has a conflict of interest. A panel of private attorneys who are eligible and willing to be appointed to provide representation in Douglas County is hereby recognized. The Plan for the Composition, Administration, and Management of the Panel of Private Attorneys pursuant to Neb. Ct. R. §§ 6-1525 and 6-1467 is set forth below.

  D. Duties of Appointed Counsel. The services to be rendered on behalf of a person represented by appointed counsel shall be commensurate with those rendered if counsel were privately employed by the person. Attorneys appointed to the panel shall conform to the highest standards of professional conduct and shall refrain from conduct unbecoming a member of the bar.

  E. Creation of Panel. The District Court and County Court of Douglas County (the Courts) shall establish a panel of private attorneys (hereafter referred to as the “DC Panel”). All attorneys who are eligible and willing to be appointed to provide representation will be placed on the DC Panel.

  F. Composition of Panel.

  1. Attorneys who serve on the DC Panel must be members in good standing of the Nebraska bar and must have demonstrated experience in, and knowledge of, the Nebraska Rules of Criminal Procedure and the Nebraska Rules of Evidence. The Courts shall approve attorneys for membership on the DC Panel and the composition of the DC Panel after receiving recommendations from the Panel Selection Committee (the Committee) established pursuant to subsection 2 of this Plan.

  Members of the DC Panel shall serve indefinitely and continuously at the pleasure of the Courts.

  2. The Courts shall jointly establish a Panel Selection Committee (the Committee). The Committee shall consist of two District Court judges, two County Court judges, two private attorneys who are experienced in criminal defense work, and the Douglas County Public Defender. The Committee shall select its own chairperson.

  The Committee shall meet at least once each year, and at such other times as the Committee deems appropriate, to consider applications for addition to the DC Panel. The Committee shall review the qualifications of applicants and shall recommend, for approval by the Courts, the attorneys to be included on the DC Panel and, based upon the attorney’s experience, skill, and competence, the category of cases which each attorney can handle. If an attorney disputes the category in which he or she has been placed for assignment of cases, the attorney may submit to the Committee a written explanation of the basis for such dispute. The Committee will then consider the dispute, will resolve the dispute by majority vote of its members, and will provide the attorney with a written disposition of the placement dispute.

  At its annual meeting, the Committee shall also review in its entirety the appointment list of attorneys on the DC Panel to determine if any attorney should be removed due to failure to remain in good standing with the Nebraska bar or for cause. If the attorney is being considered for removal from the DC Panel for cause, the Committee shall give written notification to the attorney indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney shall be given the opportunity to respond in writing or in person before a final decision is made.

  At its annual meeting, the Committee shall also review the operation and administration of the DC Panel during the preceding year, and shall recommend to the Courts any changes regarding the appointment process and panel management which the Committee deems necessary or appropriate. If a majority of the judges of the Courts agree, then proposed language amending the Rule shall be submitted to the Supreme Court as provided by Neb. Ct. R. § 6-1501 entitled “Local Rules.”

  G. Assignment of Cases. Cases shall be assigned to attorneys based on their experience, skill, and competence. Complex or more serious cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation in such cases. Attorneys who have less experience, skill, and competence shall be assigned cases which are within their capabilities.

  H. Appointments and Maintenance of Appointment List. Appointments from the list of private attorneys on the DC Panel should be made on a rotational basis, subject to the appointing court’s discretion to make exceptions due to the nature and complexity of the case, an attorney’s experience or lack thereof, a language consideration, a conflict of interest, or any other factor which the appointing court may deem appropriate under the circumstances. This procedure should result in a balanced distribution of appointments and compensation among the members of the DC Panel, as well as quality representation for each defendant who is financially unable to otherwise obtain adequate representation.

 To be considered for appointment to the DC Panel, a private attorney shall complete the form entitled “Request to Be Added to Douglas County Court-Appointment List” and shall file it with the Douglas County District Court Administrator’s Office. This form shall be available at the District Court Clerk’s Office and the County Court Clerk’s Office. Any private attorney on the DC Panel may request to be removed from the Panel at any time by sending a letter asking for removal to the District Court Administrator’s Office, Hall of Justice, Room 500, 1701 Farnam Street, Omaha, NE 68183.

  The respective Court Administrators of District Court and County Court shall maintain a current list of all attorneys included on the DC Panel, including the attorneys’ current office address and telephone numbers.

  I. Effective Date. This rule shall become effective on April 1, 2015.

Rule 2 approved January 22, 2015, effective April 1. 2015; Rule 2 amended November 13, 2019.

   A. This rule sets out the procedures governing emergency modified court operations in the District Court, County Court, and Separate Juvenile Court of the Fourth Judicial District (collectively “the Courts”).

  B. The presiding judge of the Fourth Judicial District Court shall be responsible for convening a standing committee for the Fourth Judicial District. This Emergency Modified Court Operations Committee shall be responsible for planning and implementing emergency modified court operations.

  C. The Emergency Modified Court Operations Committee shall include a District Judge, a County Judge, and a Separate Juvenile Court Judge (collectively the “Judicial Representatives”). The Committee shall also include representatives from the following stakeholders: District 4A and 4J Probation Office; Douglas County Attorney’s Office; Douglas County Public Defender’s Office; City of Omaha Legal Department; Douglas County Department of Corrections; Douglas County Youth Center; Clerk of the District Court; Douglas County Sheriff’s Office; Douglas County Health Department; and Omaha Douglas Public Building Commission. The Judicial Representatives shall be responsible for coordinating and facilitating communication among the members of the Emergency Modified Court Operations Committee.

  D. In circumstances significantly threatening the ability of the Courts to conduct routine court proceedings safely and efficiently, the Emergency Modified Court Operations Committee’s Judicial Representatives shall vote as to whether to implement emergency modified court operations. If a majority of the Judicial Representatives votes in favor of emergency modified operations, emergency modified court operations shall go into effect. The Judicial Representatives, in coordination with the Nebraska Supreme Court, shall enter appropriate administrative orders detailing the emergency modified operations. Any administrative order implementing emergency modified court procedures shall identify the date by which the order shall expire if not previously vacated, extended, or amended.

  E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures:

  1. County Court: The operation of the courtroom at Douglas County Corrections and the transport of prisoners to and therefrom. Also, hearings as to any of the following: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings, arraignments, and preliminary hearings.

  2. Separate Juvenile Court: Hearings as to any of the following: adoptions, contested protective custody proceedings, contested adjudications or terminations of parental rights, contested motions to revoke probation, contested motions to commit to the Youth Rehabilitation and Treatment Center, and contested ex parte motions.

  3. District Court: Hearings as to any of the following: bond reviews, change of pleas, sentencings, protection orders, motions for ex parte orders or temporary allowances, and motions for temporary restraining orders and temporary injunctions.

  F. The Committee will notify the Nebraska Supreme Court Administrative Services Division and the Omaha Police Department of the emergency modified court operations status. The Committee shall also notify the public of the emergency modified court operations status by:

  1. Preparing and issuing a press release to local media outlets regarding emergency operations;

  2. Placing notices on websites and social media accounts controlled by members of the Committee; and

  3. Posting notices at the entrances to the Douglas County Courthouse.

Approved March 16, 2022.

   A. Purpose: The purpose of this rule is to establish a procedure for determination of when Emergency Modified Court Operations will be implemented and what the modified operations may be.

  B. Applicability: Emergency Modified Court Operations will be implemented upon a determination that normal operating procedures have been interrupted.

  C. Implementation: Implementation of Emergency Modified Court Operations shall occur upon a determination by the Presiding Judges of the District and County Courts of the Fifth Judicial District.

  1. Implementation shall occur upon mandate by Federal, State, or Local Government, or upon determination by the District and County Court Judges after consulting with local stakeholders.

  2. Local stakeholders shall include, but not be limited to, the following: County Boards, Law Enforcement, County Attorneys, Public Defenders, Judges of the Fifth Judicial District, Health Departments, Department of Health and Human Services, Department of Probation, Corrections, Local Bar Associations, and County and District Court Clerks and Clerk Magistrates.

  3. The Presiding Judges of the District and County Courts of the Fifth Judicial District shall be responsible for coordinating and facilitating communications with local stakeholders and for planning and implementing Emergency Modified Court Operations.

  D. Notice: Notice of implementation of Emergency Modified Court Operations shall be provided by posting within a courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges of the Fifth Judicial District.

  E. Emergency Modified Court Operations:

  1. Upon interruption of normal operating procedures by pandemic, natural disaster, or any other circumstance, the Courts of the Fifth Judicial District shall modify operations to ensure that all essential functions of the Courts continue.

  2. Essential functions shall include, but are not limited to, the following:

  a. Custodial criminal proceedings;

  b. Protection order proceedings;

  c. Receipt of all filings;

  d. Criminal arrest and search warrants;

  e. Juvenile intakes and detention hearings;

  f. Juvenile protective custody hearings;

  g. Receipt of financial payments;

  h. Processing of appeals;

  i. Habeas Corpus proceedings;

  j. Hearings mandated by statute;

  k. Emergency ex-parte custody orders and emergency placement orders;

  l. Emergency protective custody proceedings; and

  m. Any other matters deemed essential upon a determination by the Presiding Judges of the Fifth Judicial District.

  3. The Presiding Judges of the Fifth Judicial District shall develop protocols and procedures to allow the courts to carry on essential functions based upon the cause and effect of the interruption. The protocols and procedures may include the following:

  a. Use of virtual conferencing;

  b. Relocation of courtrooms;

  c. Alternative filing methods; and

  d. Any other protocol or procedure deemed necessary by the Presiding Judges of the Fifth Judicial District to carry out the essential functions of the Courts of the Fifth Judicial District.

  F. Notification: Notification of the protocols and procedures shall be provided by posting, e-mail communication, and any other method available to inform parties, attorneys, staff, and the public.

  G. Return to Normal Court Operations: The Presiding Judges of the Fifth Judicial District shall be responsible for determining when the Courts shall return to normal operations. Notice of the return to normal operations shall be provided by posting, e-mail communication, and any other method available to inform parties, attorneys, staff, and the public.

Approved April 5, 2023.

   These rules shall be effective, on an experimental basis, beginning February 2, 2009, and shall apply in the 5th Judicial District, county court judicial proceedings. During the experimental period, the Nebraska Supreme Court Public Information Officer will serve as the Media Coordinator for the 5th Judicial District County Court.

1. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. State. §§ 29-3901 to 29-3908.
2. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.
3. GENERAL.
4.  Appointments of private attorneys shall be made on an impartial and equitable basis;
5. The appointments shall be distributed among the attorneys on a rotation system;
6. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;
7. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and
8. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
9.  COURT-APPOINTED ATTORNEY LIST.
10. The list for each county will be initially developed as follows: The attached questionnaire form will be distributed by the office of the presiding district judge to all attorneys in the Fifth Judicial District and to all attorneys whose names appear on the court-appointment list of each county within the district. Once the questionnaires are collected, a court-appointed attorney list for each county will then be compiled and distributed to each of the clerk magistrates and judges in the district. The list shall be effective once it is distributed.
11. Thereafter, each County Court shall maintain the court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.
12. Once the initial list is in effect, attorneys may contact the County Court in each county and request that he or she be placed on, or removed from, the court-appointed list. A request to be placed on the list shall be accompanied by a completed questionnaire form, which is attached to this rule.
13. The County Court shall maintain and update the list, and shall provide the District Court with a copy of the list annually on December 31 and whenever it is updated by the addition or removal of attorneys. In addition, the County Court shall provide the list maintained hereunder at the request of a District Judge of this District.
14. The County Court shall make the court-appointed list of attorneys available upon request.
15. METHOD OF SELECTION FROM COURT-APPOINTED LIST.
16. The Courts of this District will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:
17. The nature and complexity of the case;
18. An attorney’s experience;
19. The nature and disposition of the defendant;
20. A language consideration;
21. A conflict of interest;
22. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;^[1]
23. Geographical considerations;^[2]
24. Prior representation of the parties; and
25. Other relevant factors that may be involved in a specific case.
26. If the Court, in its sole discretion, varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
27. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST.
28. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court Judges. In the event that an attorney is recommended by any judge for removal from the list, the presiding County and District Judges shall meet to discuss the matter.
29. If the presiding judges determine that any attorney should be under consideration for removal from the list, written notification will be given to the attorney indicating the concerns with his or her performance giving rise to consideration for removal, and will be given the opportunity to respond in writing or in person before the final decision is made.
30. Following this response, all County and District Judges shall vote on whether an attorney should be removed from the list.
31. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.
32. ADDITIONAL SCOPE AND APPLICATION.

These rules shall also apply to the appointment of private attorneys as counsel or Guardian ad Litem in juvenile, domestic relations, paternity, and child support matters, when such appointment is required by statute.

Approved February 19, 2015.

   Remote hearings may be conducted in a District or County Court of the Fifth Judicial District by virtual conferencing.

  Virtual conferencing shall mean conducting, appearing in, or participating in a court proceeding by the use of video, electronic, or telephonic technology with contemporaneous interaction among the participants.

  Virtual conferencing may be authorized in any court proceeding that does not involve live witness testimony at the discretion of a District or County Court Judge within his or her courtroom.

  Virtual conferencing, consistent with the constitutional rights of the defendant, may be authorized in any criminal court proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

  Virtual conferencing may be authorized in any civil proceeding that involves live witness testimony at the discretion of a District or County Court Judge within his or her courtroom, upon a finding of good cause.

  A request for virtual conferencing in any court proceeding shall be filed with the court at least forty-eight (48) hours prior to the scheduled hearing.

  Any party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall deliver the exhibit to the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) in paper form, at least forty-eight (48) hours prior to the scheduled hearing, to permit the pre-marking of the exhibit number by the court representative. The party intending to offer an exhibit in a proceeding authorized to be conducted by virtual conferencing shall provide a copy of the exhibit, as pre-marked by the court representative, to opposing counsel and self-represented litigants, at least twenty-four (24) hours prior to the scheduled hearing.

  All parties authorized to participate in a proceeding by virtual conferencing shall contact the appropriate court representative (Court Reporter, District Court Clerk, Court Bailiff, Clerk Magistrate, Courtroom Clerk, etc.) at least twenty-four (24) hours prior to the scheduled hearing, to obtain instructions and an invitation to participate in the proceeding by virtual conferencing.

  Supreme Court Rules and Local Rules of the Fifth District governing courtroom conduct, decorum, attendance, and attire shall apply to all court proceedings conducted by virtual conferencing.

Approved February 16, 2023.

   The following rule is adopted by the County and District Courts of the Sixth Judicial District for the appointment of indigent counsel for individuals charged with crimes of misdemeanors and felonies after January 1, 2015. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

1. GENERAL.
2. Appointments of private attorneys shall be made on an impartial and equitable basis.
3. The appointments shall be distributed among the attorneys on a rotation system except as provided in Section III.
4. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.
5. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation.
6. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
7. COURT-APPOINTED ATTORNEY LIST.
8. Each County and District Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.
9. Attorneys may contact the County and District Court in each County and request the Clerks thereof to place them on, or remove them from, the court-appointed list.
10. The Clerks shall make the court-appointed attorney list available upon request.
11. METHOD OF SELECTION FROM COURT-APPOINTED LIST.
12. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:
13. the nature and complexity of the case;
14. an attorney’s experience;
15. the nature and disposition of the defendant;
16. a language consideration;
17. a conflict of interest;
18. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;
19. geographical considerations; and
20. other relevant factors that may be involved in a specific case.
21. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
22. REMOVAL AND REINSTATMENT FROM APPOINTMENT LIST.
23. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court judges.
24. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.
25. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Approved February 19, 2015.

   The following rule is adopted by the District and County Courts of the Sixth Judicial District for modified operating procedures effective January 1, 2022.

  A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

  B. Applicability: These procedures to be followed only upon a determination that normal operating procedures have been interrupted.

  C. When does implementation occur: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Sixth Judicial District.

  (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with relevant local stakeholders, as determined by the local Judges and the presiding Judges.

  (2) Local stakeholders shall include, but not be limited to, the following: County Board, Local Law Enforcement (police and Sheriff), County Attorney’s Office, Public Defender’s Office, Sixth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

  (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement modified court procedures.

  D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the Local Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

  E. Modified Operating Procedures:

  (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

  (2) Essential functions shall include the following:

  (a) All custodial criminal proceedings;

  (b) Protection orders;

  (c) Receipt of all filings;

  (d) Criminal warrants (not to include time payment warrants);

  (e) Juvenile intakes;

  (f) Receipt of financial payments;

  (g) Processing of appeals;

  (h) Habeas corpus proceedings;

  (i) Statutorily mandated proceedings;

  (j) Emergency ex parte custody orders and emergency placement orders; and

  (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

  (3) The Presiding Judges of the County and District Courts of the Sixth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

  (a) Use of virtual proceedings. (i.e., Webex, Zoom, etc.);

  (b) Relocation of the actual courtrooms;

  (c) Alternative filing methods; and

  (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

  F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

  G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved April 12, 2023.

   Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing remotely will need to be logged in 5 minutes in advance of the hearing.

  Testimonial hearings shall not be conducted remotely except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 16, 2023.

   The following rule is adopted by the District Courts of the Seventh Judicial District for the appointment of legal counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

1. Counsel for indigent defendants shall be provided in accordance with Neb. Rev. Stat. §§ 29-3901 to 29-3908. Attorneys shall provide legal counsel to all clients in a professional, skilled manner consistent with the Nebraska Supreme Court Rules of Professional Conduct. Each county’s public defender shall have first priority to be appointed for any indigent defendant in all criminal cases within the county. The rules set forth in the paragraphs below shall deal with the appointment of licensed practicing attorneys for the purpose of representing indigent defendants when there is no local public defender available.
2. Each clerk of the county and district court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. Attorneys may contact the clerks in each county and district court and may request the clerks thereof to place them on or remove them from the court-appointed list. The list shall have a priority category as follows: the first category listing shall include those attorneys having an office located within the county of such appointment. The second category listing shall include names of attorneys having an office located within any of the counties immediately adjacent to the county of such appointment. This list shall be held by the clerk of either the county or district court and be open for public inspection upon request.
3. The clerk of either the county or district court shall keep a separate list of case appointments of licensed attorneys for indigent defendants except those cases where defendants are represented by the county’s public defender. The list shall include the name, criminal case number, and date of appointment of the attorney to the case. This list shall also be open to public inspection upon request.
4. The appointment of attorneys to indigent defendants shall be on a rotational basis, using the first category listing above. No attorney on the first category listing shall be appointed to an indigent defendant a second time without first ensuring that all attorneys in the first category have been appointed on cases or have been disqualified based upon conflicts. Attorneys in the second category listing shall be used when no first category listing attorneys are available. Any use of second category listing attorneys shall be on a rotational basis, as well.
5. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation. Less experienced attorneys shall be assigned cases which are within their capabilities, but shall be given the opportunity to expand their experience under supervision.
6. The appointing court will generally appoint attorneys subject to the court’s sole discretion to make appointments due to:
7. The nature and complexity of the case;
2. An attorney’s experience;
3. The nature and disposition of the defendant;
4. The language consideration;
5. A conflict of interest;
6. The availability of an attorney, taking into consideration an immediate need to address issues involved in the case;
7. Geographical considerations; and
8. Other relevant factors that may be involved in the specific case.

  The Court may, in its sole discretion, vary from the rotational basis and may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list. Nothing shall prevent an appointing court from skipping the rotational basis in appointing the Nebraska Commission on Public Advocacy on a case-by-case basis for any indigent defendant.

7. Judges shall monitor attorney performance on a continuing basis to ensure the competency of the attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county and district court judges. If an attorney is under consideration for removal from the list, written notification shall be given to that attorney indicating the concerns with his or her performance giving rise to consideration for removal. The attorney shall be given the opportunity to respond in writing or in person before a final decision is made. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the county and district court judges, after the deficiencies contained in the notice have been resolved.

Approved February 19, 2015.

   The purpose of this Rule is to develop a continuity of operations “plan” to ensure the continued functioning of the County Court in the event that an emergency threatens or incapacitates Court operations and alternative Court operations, including the relocation of selected personnel and functions to an alternate facility, is required.

  In the event of a natural disaster, widespread pandemic, essential utility failure, hazardous material incident, major civil disturbance, terrorist incident, or any other event or circumstance which threatens the ongoing business of the Court, or the use of Courtroom facilities, the contents of this rule shall be referenced and implemented.

  A. In the event such situation exists, as referenced in Paragraph A above, it will be the responsibility of the County Judges, with the ultimate decision to be made by the presiding County Judge, to determine when emergency modified Court operations should go into effect, and ultimately, when normal Court operations should resume. Criteria for making these decisions shall include, but not be limited to:

  i. Consultation with the Nebraska Supreme Court, the Nebraska State Court Administrator, the County Judges of the Seventh Judicial District, and any other presiding District or County Court Judge in the State of Nebraska;

  ii. Consideration of recommendations from local, state, and national health departments or officials;

  iii. Necessary and relevant input from any Courthouse officials, including members of the county board of commissioners, the county attorney, the county public defender, county law enforcement officials, the Courthouse building maintenance supervisor, and any other local or state executive officer, fire and rescue official, hospital representative, or emergency management official which the Judges of the County Court deem necessary; and

  iv. Input from leadership representatives and members of the local bar association.

  B. The following list of judicial stakeholders shall be consulted by the County Court Judges, at their discretion, when planning and implementing any emergency modified Court operations:

  - County attorney

  - County public defender

  - Local bar association representatives

  - County Court clerk

  - Local county board of commissioners

  - Courthouse and community law enforcement officials

  - Courthouse jailer

  - Judicial staff

  - Local Probation Office

  C. It shall be the responsibility of the presiding County Court Judge, or any other individual designated by the presiding County Court Judge, to coordinate and facilitate communication with those judicial stakeholders, as listed in Paragraph C above, in order to plan and implement any emergency modified Court operation plan which is deemed necessary for the continued administration of law and justice, for the benefit of the general public.

  D. Mission Essential Functions is hereby defined as any function that is essential to the operation of the Court for the administration of justice and the affording of constitutional rights that cannot be deferred for more than a 30-day period. Any function not deemed “mission essential” shall be deferred, as per order of the County Court, until additional personnel and resources become available. The following functions are deemed Mission Essential Functions:

  i. Determinations of probable cause and the setting of bonds in criminal cases;

  ii. Preliminary hearings for individuals charged with felony offenses and who are unable to post bond;

  iii. Detention hearings for juvenile offenders;

  iv. Placement hearings for juveniles placed out of home;

  v. Domestic abuse protection order hearings, harassment protection order hearings, and sexual assault protection order hearings;

  vi. Hearings to determine good cause for the continuation of a criminal jury trial when a defendant’s constitutional right to a speedy trial has not been previously waived; and

  vii. Restitution of premises hearings.

  Additionally, the County Court Judges shall determine when and under what circumstances that any mission essential or nonessential function may occur, including, but not limited to, the following:

  i. Changing the location where any hearing or function is to occur;

  ii. Changing the date/time where any hearing or function is to occur; and

  iii. Allowing any function or hearing to occur by means of audio and/or videoconferencing technology, this is not in violation of any individual’s statutory or constitutional rights.

  E. Viable alternative facilities may be needed to relocate staff when an emergency threatens or incapacitates Court operations, or when Court hearings/trials need to occur at a facility or location outside the County Courthouse or County Courtroom. In that event, the presiding County Judge shall make arrangements for other facilities to be contacted and designated for such use, and also to make arrangements for any compensation necessary for such matters. Additionally, the presiding County Judge shall keep and maintain an up-to-date list of any and all local contacts and potential facilities that may need to be utilized for such purposes. The presiding County Judge may designate the responsibilities under this paragraph to any person he/she deems necessary for carrying out the duties outlined herein.

  F. In the event that any emergency modified court operations are necessary, the Clerk of the County Court, or any person he/she might so designate, shall be responsible for notifying any and all court users, legal counsel, interpreters, and jurors, as well as the general public, concerning the necessity of emergency modified court operations, how any future mission essential or nonessential functions of the court will occur, and when these are discontinued and normal court operations will resume. This will occur by the use of any postal, internet, telephone, news/media outlet, or any other form of information dissemination which the County Court Clerk deems reasonable and necessary in order to convey this information.

Approved March 23, 2022.

   In the discretion of the judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

  (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judges Michael Long, Ross Stoffer, or Donna Taylor are presiding,^[i] taking place within the Seventh Judicial District of the State of Nebraska.

  (2) Only members of the media as defined below shall be permitted to broadcast, record, televise, photograph, or otherwise broadcast those proceedings set out below.

  Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer member of the Nebraska Press Association.

  (3) The trial judge overseeing the proceeding sought to be broadcast, recorded, or photographed retains sole and complete discretion to terminate the broadcast, recording, or photography (without explanation or warning) at any time during such proceeding.

  (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge presiding over the proceedings. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera, cell phone camera, or any other digital recording device equipped to take photographs or video recordings. The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

  (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and clients, or bench conferences between counsel and the court.

  (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed, or otherwise broadcast.

  (7) Jury selection will not be broadcast.

  (8) The following cases will not be broadcast: matters involving grand juries, juvenile court proceedings, any proceeding of a juvenile (persons under 18 years old),^[ii] child custody, parenting time, protection orders, and any other cases that the trial judge may determine.

  (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 18,^[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, undercover agents, relocated witnesses or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person’s testimony from being recorded or broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

  (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

  (11) Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

  The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

  The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

_________________________

[i] Typically, these would include all county court proceedings within the Seventh Judicial District of the State of Nebraska.

[ii] This includes juvenile court proceedings, adoptions, guardianship/conservatorship proceedings in which a juvenile is the ward or protected party, and portions of proceedings in which a juvenile is a witness or victim and has been called to the stand to testify.

[iii] If the witness or victim is under the age of 18 years old, but has been emancipated by a prior order of a court of competent jurisdiction in this or any other State, then such witness or victim will not be considered a juvenile for purposes of this exclusionary rule. Such a witness or victim may qualify for “exclusion” under this rule for another stated reason (i.e., emancipated minor as victim of sexual abuse or assault).

Approved June 15, 2016.

  A. Any remote hearing, whether by teleconference, videoconference, or both, shall only occur with prior Court authorization from the County Court judge presiding over the case. This shall include any hearing where either party, their legal counsel, or any witness desires to appear in Court utilizing these methods.

  B. The following types of hearings may occur by remote teleconferencing or video conferencing means:

- Criminal arraignments

- Criminal pretrial conferences

- The taking of or changing of plea(s)

- Non-evidentiary criminal pretrial motion hearings

- Criminal sentencing hearings

- Civil pretrial conferences

- Non-evidentiary civil pretrial motion hearings

  C. The following types of hearings may occur by remote teleconferencing or videoconferencing means, only by way of stipulation of the parties and by permission of the Court, at times and dates specifically set by the Court, and on a case-by-case basis. The Court shall grant permission for remote hearings at its sole discretion:

- Criminal preliminary hearings

- Juvenile detention hearings

- Placement hearing for juveniles placed out of home

- Harassment, domestic relations and sexual assault protection order hearings

- Criminal evidentiary hearings

- Civil bench trials

- Civil evidentiary hearings

- Witness testimony during any civil or criminal trial or proceeding before a jury or to the bench

  D. The following rules shall apply to all videoconferencing hearings. If any party, witness, or attorney appears before the Court by way of videoconferencing, they must adhere to the following rules:

- If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

- Any person who appears must be located in a room with any and all access doors closed and with no one else in the room, except with legal counsel.

- Any and all cell or landline phones must be turned off or disconnected at all times.

- There shall be no distractions from any family member, person, or animal.

- There shall be no television, movie, or any other electronic device turned on such that it provides distraction to the person appearing by way of videoconferencing or to the Court.

- There shall be no video or audio hearing that shall occur if appearance by way of this method violates a person’s right of confrontation or any other statutory or constitutional right.

- Attorneys shall be attired in ordinary business wear; all other participants shall be attired in a manner acceptable for an in-person court appearance.

- No person shall smoke, eat, drink beverages, or engage in other distracting conduct while the hearing is in session.

- Microphones of all participants shall be muted at all times unless it is their turn to speak or unless otherwise instructed by the judge.

  E. Any party may petition the Court and request a hearing, on the record, for relief from, or to amend the proposed procedures, as outlined in this Rule.

Approved November 23, 2022.

   A. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

  B. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

  C. General:

  (1) Appointments of private attorneys shall be made on an impartial and equitable basis;

  (2) The appointments shall be distributed among the attorneys on a rotation system;

  (3) Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

  (4) Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

  (5) Less-experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

  D. Court-Appointed Attorney List:

  (1) Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.

  (2) Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request the Clerk Magistrate to place them on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments. Attorneys shall also contact the County Court when they no longer wish to receive court appointments.

  (3) The County Court shall make the court-appointed list of attorneys available upon request.

  E. Method of Selection From Court-Appointed List:

  (1) The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:

  (a) the nature and complexity of the case;

  (b) an attorney’s experience;

  (c) the nature and disposition of the defendant;

  (d) a language consideration;

  (e) a conflict of interest;

  (f) the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

  (g) geographical considerations; and

  (h) other relevant factors that may be involved in a specific case.

  (2) If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

  F. Removal and Reinstatement From Appointment List:

  (1) Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the county court judges.

  (2) If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

  (3) An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Approved January 22, 2015.

 A. All hearings shall be conducted in person, unless otherwise provided.

  B. All remote hearings are subject to the approval of the Court.

  C. All remote hearings will be on the record, except the parties may waive a verbatim record in non-evidentiary hearings. Remote hearings shall be consistent with the public’s access to the courts.

  D. Non-evidentiary Hearings.

  1. A party may request to schedule a remote hearing when no evidence will be offered by any party. To request a remote hearing, the movant shall:

  a. File a Motion for Remote Hearing with a Proposed Order;

  b. Certify within the motion that all parties consent to the remote hearing; and

  c. Certify within the motion that no parties will offer evidence.

  2. A party may request to appear by remote technology at non-evidentiary hearings that were not originally scheduled to be heard remotely. To request a remote appearance, the movant shall:

  a. File a Motion to Appear Remotely with a Proposed Order;

  b. File the motion at least 3 business days prior to the hearing;

  c. Certify within the motion that the movant will not offer evidence at the hearing; and

  d. Contact the appropriate clerk/bailiff for hearing arrangements at least 3 business days prior to the hearing.

  E. Evidentiary Hearings Not Involving Oral Testimony.

  1. The Court may, on its own motion, order proceedings not involving the testimony of witnesses by oral examination, to be held using remote technology consistent with Neb. Rev. Stat. § 25-2704(2) .

  2. The parties may request a remote evidentiary hearing that does not involve the testimony of witnesses by oral exa mination. The parties must contact the Court to discuss the reasonableness of conducting said hearing remotely.

  3. If allowed, the Court will issue orders governing procedures and requirements of the parties prior to, during, and after the hearing.

  4. Hard copies of the original exhibits and electronic copies of the exhibits must be provided to court reporting personnel at least 3 business days prior to the hearing or they will not be admitted.

  F. Evidentiary Hearings Involving Oral Testimony.

  1. Permission to conduct evidentiary hearings that involve oral testimony will only be granted under extraordinary circumstances.

  2. If allowed, the Court will issue orders governing procedures and requirements of the parties prior to, during, and after the hearing.

  G. The party requesting the remote hearing or appearance shall be responsible for making the arrangements for the remote hearing and shall provide for all expenses.

  H. Uniform District Court Rule 6-1511, “Attire,” or Uniform County Court Rule 6-1402,“Attendance and attire,” shall apply respectively to court proceedings conducted by remote technology.

  1. The above requirements may be waived for good cause.

Approved October 19, 2022.

   This rule sets out the procedures governing emergency modified court operations in the Eighth Judicial District.

  A. Emergency modified court operations will be implemented when an emergency exists, arises, or is declared that substantially impairs the ability of the court to operate or that jeopardizes the health and safety of persons who work in or utilize the courts.

  B. The decision to implement emergency modified court operations as well as the decision to resume normal operations will be determined by majority vote of the county and district judges of the district. Any judge of this district may call the matter for a vote.

  C. In addition to the judges, the stakeholders within the district that may be included in the planning and implementing of emergency modified court operations are: Clerks of the District Court, Clerk Magistrates, Bailiffs, Court Reporters, Probation Officers, County Sheriffs, County Commissioners/Supervisors, County Attorneys, Public Defenders, Local Health Departments, Emergency Management, and Nebraska Department of Health and Human Services.

  D. It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

  E. The following mission essential functions shall be addressed in any administrative order implementing emergency modified court procedures:

  (1) County Court: protection orders, evictions, emergency guardianship or conservatorship proceedings, change of pleas, bond settings and hearings, arraignments, preliminary hearings, adoptions, protective custody hearings, detention hearings, motions for ex parte orders.

  (2) District Court: protection orders, bond reviews, change of pleas, sentencings, motions for ex parte and other temporary hearings, motions for temporary restraining orders and temporary injunctions.

  F. The Presiding Judges shall inform Court users and the public when emergency modified court operations are implemented and when they are discontinued in the following manner (subject to availability):

  (1) Preparing and issuing a press release to local media outlets;

  (2) Placing notices on websites and social media accounts;

  (3) Posting notices at the entrances to the county courthouses/judicial centers, and

  (4) Using electronic communications.

Approved March 16, 2022.

 In the discretion of the Judge Alan Brodbeck, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

  (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judge Brodbeck is presiding,^[i] taking place within the 8th Judicial District of the State of Nebraska.

  (2) Only members of the media as defined below shall be permitted to record, televise, photograph, or otherwise broadcast those proceedings set out below.

  Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer member of the Nebraska Press Association.

  (3) The trial judge overseeing the proceeding sought to be broadcast, recorded or photographed retains sole and complete discretion to terminate the broadcast, recording or photography (without explanation or warning) at any time during such proceeding.

  (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge.  Still cameras require separate approval. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a cell phone camera and any other digital recording device equipped to take photographs or video recordings.

  (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients or bench conferences between counsel and the court.

  (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed or otherwise broadcast.

  (7) Jury selection will not be broadcast.

  (8) The following cases will not be broadcast: matters involving grand juries, juvenile court proceedings, any proceeding of a juvenile (persons under 18 years old),^[ii] child custody, parenting time, protection orders, and any other cases that the judge may determine.

  (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 18,^[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, undercover agents, relocated witnesses or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person’s testimony from being recorded or broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

  (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine not to broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

  (11) Upon application at least 7 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

  The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

  The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

____________________________

[i] Typically, these would include all county court proceedings within the 8th Judicial District of the State of Nebraska over which Judge Alan Brodbeck is presiding.

[ii] This includes juvenile court proceedings, adoptions, guardianship/conservatorship proceedings in which a juvenile is the ward or protected party and portions of proceedings in which a juvenile is a witness or victim and has been called to the stand to testify.

[iii] If the witness or victim is under the age of 18 years old but has been emancipated by a prior order of a court of competent jurisdiction in this, or any other State, then such witness or victim will not be considered a juvenile for purposes of this exclusionary rule.  Such a witness or victim may qualify for “exclusion” under this rule for another stated reason (i.e., emancipated minor as victim of sexual abuse or assault).

Approved September 21, 2016.

The following rule is adopted by the District and County Courts of the Ninth Judicial District for the appointment of counsel for indigent individuals charged with crimes of misdemeanors and felonies after January 1, 2015.

1. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.
2. Applicability: This rule shall not apply to criminal proceedings in which the Court appoints the Public Defender, Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.
3. General:
4. Appointments of private attorneys shall be made on an impartial and equitable basis;
2. The appointments shall be distributed among the attorneys on a rotation system;
3. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;
4. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and
5. Less-experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
4. Court-Appointed Attorney List:
5. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. In the event that a District Court judge is required to appoint a private attorney, the District Court judge shall utilize the list maintained by the County Court.
2. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request to be placed on the court-appointed list, and indicate whether they will accept misdemeanor and/or felony appointments by completing and submitting a registration form, said form being attached as Appendix 1. Attorneys shall notify the County Court in writing when they no longer wish to receive court appointments.
3. The County Court shall make the court-appointed list of attorneys available upon request.
5. Method of Selection From Court-Appointed List:
6. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court’s sole discretion to make exceptions due to:
7. the nature and complexity of the case;
2. an attorney’s experience;
3. the nature and disposition of the defendant;
4. a language consideration;
5. a conflict of interest;
6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;
7. geographical considerations; and
8. other relevant factors that may be involved in a specific case.
2. If the Court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
3. If an attorney on the court-appointed list is appointed outside the rotational basis established, that attorney’s name shall be placed at the end of the rotation.
6. Removal and Reinstatement from Appointment List:
7. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the District Court and County Court judges.
2. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.
3. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the District Court and County Court judges, after the deficiencies contained in the notice have been resolved.

Approved March 18, 2015.

  The following rule is adopted by the District and County Courts of the Ninth Judicial District for Modified Operating Procedures effective January 1, 2022.

 A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

 B. Applicability: These procedures are to be followed only upon a determination that normal operating procedures have been interrupted.

 C. When does implementation occur?: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Ninth Judicial District.

 (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with local stakeholders.

 (2) Local stakeholders shall include but not be limited to the following: County Board, Local law enforcement (police and Sheriff), County Attorney’s Office, Public Defender’s Office, Ninth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

 D. Notice: Notice of implementation of Modified Operating Procedures shall be by Posting on the Buffalo County Justice Center/Hall County Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

 (1) It will be the duty of the presiding judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement emergency modified court procedures.

 E. Modified Operating Procedures:

 (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance, the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue.

 (2) Essential functions shall include the following:

 (a) All Custodial Criminal proceedings.

 (b) Protection Orders.

 (c) Receipt of all filings.

 (d) Criminal warrants (not to include time payment warrants).

 (e) Juvenile intakes.

 (f) Receipt of financial payments.

 (g) Processing of appeals.

 (h) Habeas Corpus proceedings.

 (i) Statutorily mandated proceedings.

 (j) Emergency Ex-Parte Custody Orders and Emergency Placement Orders.

 (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

 (3) The Presiding Judges of the County and District Courts of the Ninth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

 (a) Use of virtual proceedings, i.e., (Web-ex, Zoom, etc.).

 (b) Relocation of the Actual Court Rooms.

 (c) Alternative filing methods.

 (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

 F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

 G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved March 22, 2023.

   Virtual meetings will be available for non-testimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing via WebEx, Zoom, or other video conference platform will need to be logged in 5 minutes in advance of the hearing.

 Testimonial hearings shall not be conducted via WebEx, Zoom, or other video conference platform, except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 8, 2023.

1. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.
2. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.
3. GENERAL.
4. Appointments of private attorneys shall be made on an impartial and equitable basis;
5. The appointments shall be distributed among the attorneys on a rotation system;
6. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;
7. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and
8. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
9. COURT-APPOINTED ATTORNEY LIST.
10. Each clerk magistrate shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who is willing to accept appointments to criminal, juvenile, and civil (child support) cases in the judicial district.
     
11. Attorneys may contact the county court in each county and, by completing and submitting a registration form, request the clerk magistrate to place them on, or remove them from, the respective court’s court-appointed list. A sample registration form is attached, and additional registration forms are available in both the county court offices. (*Note: Separate registration forms need to be completed and submitted for each of the courts, district and county, for each of the counties for which the attorney seeks to be placed upon that respective court appointment list.)
12. Each clerk magistrate shall make the court-appointed list of attorneys available upon request.
13. METHOD OF SELECTION FROM COURT-APPOINTED LIST.
14. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:
15. the nature and complexity of the case;
16. an attorney’s experience;
17. the nature and disposition of the defendant;
18. a language consideration;
19. a conflict of interest;
20. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;[1]
21. geographical considerations;[2] and
22. other relevant factors that may be involved in a specific case.
23. If the court, in its sole discretion, varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
24. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST.
25. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county court judges.
26. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.
27. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the county judges, after the deficiencies contained in the notice have been resolved.

  A. This rule is adopted and shall govern emergency modified court operations for the District Court of the Tenth Judicial District.

 B. These procedures and policies shall apply when it has been determined by the presiding judges that normal court operations are not possible.

 C. Emergency modified court operations shall be implemented by the presiding judges of the District and County Courts in consultation with local stakeholders, which shall include the County Board, local law enforcement officials, local health authorities, probation, and the District Court Clerk and County Court Clerk Magistrate.

 D. Notice of Emergency Modified Court Operations shall be posted at the Courthouses, through local media outlets and on District and County websites, or through any other method determined by the presiding judges.

 E. In the event normal court operations are interrupted, Emergency Modified Court Operations shall be implemented in order to maintain essential functions of the court, including:

 1. Criminal proceedings;

 2. Receipt of filings;

 3. Processing of warrants;

 4. Juvenile intake/ detention filings;

 5. Processing of appeals;

 6. Any proceedings required by law;

 7. Protection orders;

 8. Landlord/tenant proceedings; and

 9. Any other matters determined to be “essential” by the presiding judges.

 F. Depending on the reason for Emergency Modified Court Operations, the presiding judges shall develop procedures in order to carry on essential functions, which may include: use of remote technology, temporary physical relocation of the courts, alternate document filing methods, and access to the courts by the public.

 G. The presiding judges of the Tenth Judicial District shall determine when the courts shall return to normal operating procedures. Notification of the return to normal operating procedures shall be posted by the methods prescribed in section D, above.

Approved April 5, 2023.

   A. It shall be presumed that all court proceedings in the County Court of the Tenth Judicial District will be conducted in person. However, in the event the courtroom has the necessary technology, court proceedings may be conducted by telephone, video-conferencing, or similar methods (“remote technology”) as follows:

 1. In its discretion, the Court may permit a court proceeding not involving testimony of witnesses by oral examination to be conducted by remote technology.

 2. By agreement of the parties, for extraordinary circumstances, and with permission of the Court, any court proceeding, except jury trials, may be conducted by remote technology.

 3. In any civil case involving testimony of witnesses by oral examination where the parties disagree regarding the use of remote technology for a court proceeding, the parties shall avail themselves of the procedure set out in Neb. Rev. Stat. § 24-734(5).

 4. If Emergency Modified Court Operations are in effect, the administrative orders recommended by the Emergency Committee for the Tenth Judicial District and issued by this respective court shall govern the use of remote technology for court proceedings.

 B. To schedule a court proceeding that is to be conducted by remote technology, the parties shall contact the clerk magistrate at least 5 days prior to the hearing to receive instructions on how they shall proceed. The notice of hearing shall clearly state in bold print that the hearing will be held by remote technology. The party requesting that the hearing be held remotely shall be responsible for making the arrangements for the hearing and for any expenses.

 C. For court proceedings conducted by remote technology, a party intending to offer exhibits shall provide the exhibits to the court and all opposing parties 48 hours prior to the hearing, or as otherwise provided by law or the local court rules. Exhibits or affidavits that exceed an aggregate total of twenty (20) pages shall be submitted to the Court in hard copy.

 D. This rule is meant to be consistent with Neb. Rev. Stat. §§ 24-303(2), 24-734(3) through (5), and 25-2704(2).

  E. Supreme Court Rules governing courtroom decorum shall apply to court proceedings conducted by remote technology. Specifically, hearings held by video-conference shall be conducted as if they were occurring in Court. Counsel and litigants shall remain muted unless directed otherwise by the Court. Proper attire and behavior are expected. Eating is prohibited during the hearing. Counsel and parties shall not conduct other business during the hearing. Unless using a cell phone for the hearing, it shall be silenced. The only people in the room shall be counsel, their client and potentially a witness. No pets shall be in the room where a videoconference is being conducted. Audio and video recording of the hearing is strictly prohibited.

 F. If the Court determines the quality of the remote hearing is not adequate for a full and fair hearing of the issues, the hearing will be rescheduled to a later date with counsel and the parties appearing in court.

Approved October 26, 2022.

  Modified Court Operations are court operations for both District and County Courts during any time the Courts determine Modified Court Operations are necessary to preserve the health or protect the safety of any person. Modified Court Operations shall be governed by the following rules:

  1. IMPLEMENTATION. Modified Court Operations shall go into effect upon the promulgation of a Directed Health Measure,¹ mandates by Federal, State, or Local Government, or upon the majority vote of the current District and County Judges of the 11th Judicial District whenever it is deemed necessary for the health, protection, and safety of any persons. Modified Court Operations shall cease and normal court operations shall resume upon the majority vote of the current District and County Judges of the 11th Judicial District.

  2. STAKEHOLDERS. Stakeholders identified to be involved in the implementation and planning of Modified Court Operations may include the following: County Board, Local Law Enforcement, County Attorney’s Office, Public Defender’s Office, Eleventh Judicial Bar Association, Local Public Health Department, Probation, County and District Clerks, Clerk Magistrates, Emergency Management, District and County Court Staff.

  3. POINT PERSON. The Presiding District Court Judge and Presiding County Court Judge shall be responsible for coordinating and facilitating all communication regarding implementation of the Modified Court Operations with the Stakeholders and providing Notices.

  4. NOTICES. Notice of change of such operations shall be made available to the public by posting at each Courthouse, email to local bar association, available media outlets, web sites, State social media outlets, and other means determined by the Presiding Judges as most likely to reach the general public and court users. Any order issued to implement or enforce the Modified Court Operations shall be filed in the offices of the county and district courts affected by the modified operations and shall be entered on the journal of the courts.

  5. ESSENTIAL FUNCTIONS. During all times of Modified Court Operations, the Court shall modify operating procedures to address safety concerns of persons who work in or utilize the Courts while ensuring that all essential functions of the Court continue. Essential Functions include, but are not limited to: custodial criminal proceedings, protection orders, receipt of mail and filings, criminal warrants (excluding time payment warrants), juvenile custodial cases, receipt of financial payments, processing of appeals, habeas corpus proceedings, extradition proceedings, ex-parte custody orders and emergency placement orders, landlord/tenant cases, probate and adoption cases, probable cause affidavits, civil and criminal jury trials, search warrants, injunctions, mental health board proceedings, competency hearings.

  6. During periods of Modified Court Operations, only hearings the judge deems to be emergency in nature shall be conducted in person. All other cases shall be continued or heard remotely.

  ¹ A directed health measure is any measure, promulgated by any public health district or the Department of Health and Human Services, whether prophylactic or remedial, intended and directed to prevent or limit the spread of communicable disease or prevent or limit public exposure to or spread of biological, chemical, radiological, or nuclear agents.

Approved March 22, 2023.

   These remote hearing rules apply to both the District and County Courts. Remote hearings shall be governed by the following rules:

  A. Use of Remote Hearings in the Eleventh Judicial District shall be available as described in Neb. Rev. Stat. § 24-734.

  1. The Judge, in his or her discretion, may order any case under § 24-734, not involving oral testimony, to be conducted by telephone, videoconferencing, or other similar method. § 24-734(3).

  2. The Judge may permit a witness to be examined by oral testimony to appear by telephone, videoconferencing, or other similar method in a criminal case with the consent of the parties. § 24-734(4).

  3. The Judge, for good cause shown, shall permit any witness to be examined by oral examination to appear by telephone, videoconferencing, or similar method, unless there is an objection sustained after considering the factors set forth in § 24-734(5).

  4. Costs for such remote hearings, if any, shall be assessed as set forth in § 24-734.

  B. Rules for Video/Phone Hearings:

  1. SCHEDULING: The remote hearing must be scheduled, set up, and initiated by the moving party as coordinated with the Court at least 5 days in advance of the hearing, excluding emergency hearings.

  2. EXHIBITS: All exhibits to be offered at remote hearings must be provided to the Court and all other parties at least five (5) days in advance of the hearing. Any electronic evidence must be offered in a form that can be viewed by the Court AND preserved with the Court for purposes of appeal. You should check with Court staff to verify that your electronic evidence is on a form that can be viewed and preserved in advance of your hearing.

  3. ATTIRE: The same attire required for attorneys in the courtrooms shall be required for remote hearings. Non-attorneys shall be attired in appropriate clothing, Clothing with profane or inappropriate language, symbols or graphics, or the lack of proper clothing will result in your removal and loss of the privilege to appear remotely.

  4. BACKGROUNDS: All participants shall be located in a quiet indoor area with an appropriate background environment. No virtual backgrounds shall be allowed.

  5. CONDUCT: All participants shall conduct themselves in a quiet and orderly manner. No person shall smoke, eat, drink, watch television, listen to music, use cell phones or other electronics, or engage in distracting or inappropriate conduct while in a video/telephonic conference.

  6. BE ON TIME/PREPARED: All attorneys and litigants shall be present and prepared to proceed at the time scheduled by the Court and shall be immediately in front of their video/telephonic device to allow others in the hearing to see/hear them clearly.

  7. NAME: Name yourself with your legal name on any sign in information.

  8. BE PATIENT: Participants may be placed in a waiting room prior to joining the hearing. The host will admit participants as soon as possible from the waiting room.

  9. BE STATIONARY: All participants shall be seated during the hearing. If you need to move to an area with better reception, do so prior to the hearing. It is not acceptable to be walking, moving, driving, or riding in a vehicle during a video/telephonic hearing.

  10. MUTE YOURSELF IMMEDIATELY: Upon entering the virtual courtroom, immediately mute yourself by clicking the microphone button (a diagonal line through a microphone icon should appear to show that you have been muted).

  11. DO NOT SPEAK UNTIL CALLED UPON: The judge will let you know when you may unmute your microphone and speak. You may also use the chat feature to communicate with the host or judge about an issue with the hearing (example--“I have trouble getting my audio to work”).

  12. CAMERAS TO REMAIN ON: Cameras are to remain on for all parties during video hearings.

  13. CONNECTION ISSUES: If an attorney or litigant has an issue (for example, they cannot hear what is being said), they should immediately bring the matter to the Judge’s attention. Members of the public participating in the hearing may not request or obtain assistance from any individual participating in the hearing.

  14. PUBLIC ACCESS. The public shall have access to all remote hearings either by live video feed in the courtroom or by requesting a link to the remote hearing. Non-parties wishing to access any video/telephonic hearing remotely may do so by written request with the Court on the attached form and compliance with these rules.

  C. IT IS ORDERED THAT RECORDING OF REMOTE HEARINGS IS STRICTLY PROHIBITED. All participants (with the exception of credentialed media subject to media rules) are prohibited from recording, capturing, saving, broadcasting, televising, or photographing the proceeding in any manner. FAILURE TO ABIDE BY THIS ORDER MAY RESULT IN CONTEMPT OF COURT PROCEEDINGS.

Approved February 8, 2023.

I. PURPOSE.  This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

II. APPLICABILITY.  This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

III. GENERAL

   A. Appointments of private attorneys shall be made on an impartial and equitable basis;

   B. The appointments shall be distributed among the attorneys on a rotation system;

   C. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants;

   D. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation; and

   E. Less experienced attorneys shall be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.

IV. COURT-APPOINTED ATTORNEY LIST

   A. Each County Court shall maintain a court-appointed attorney list (which shall consist of three categories: misdemeanors; Class III, IIIA, and IV felonies; and Class I and II felonies from which attorneys shall be appointed to represent indigent defendants in that county. The list shall include the name, address, phone number, email, and Nebraska bar number for each attorney who will accept appointments to criminal cases in that county.

   B. Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments and request to be placed on the court-appointed list. Attorneys shall also contact the County Court when they no longer wish to receive court appointments. Appendix 1, which is attached, shall be utilized when requesting to be placed on the court-appointed attorney list.

   C. The County Court shall make the court-appointed list of attorneys available upon request.

V. METHOD OF SELECTION FROM COURT-APPOINTED LISTS

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court's sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney’s experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case; ^[1]

   7. geographical considerations; ^[2] and

   8. other relevant factors.

   B. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.

VI. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LISTS

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the lists. An attorney may be removed from the appointment lists by a majority vote of county and district court judges.

   B. If an attorney is under consideration for removal from the lists, a written notification will be given to the attorney, indicating the concerns with the performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the lists may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule 11-15 approved January 14, 2015.

   This Rule exists to provide direction to counsel, litigants, court staff, and other interested persons regarding: the maintenance in the District of open and safe courts in the event of an emergency; the mission essential functions of the court that are expected to be maintained during such emergency; the manner by which an emergency may be declared and terminated; the manner by which such declaration will be made known to court users and the public; and the nature and manner of such modified court operations.

  A. Definitions

  (1) “Emergency” means an unforeseen combination of circumstances or the resulting state that calls for immediate action.¹ This may include but is not limited to public health concerns, natural disasters, political unrest, weather events (i.e., blizzard, tornado, etc.), and unexpected absence of or injury to the judge (or such other event as determined by the presiding judge of the District).

  (2) “Mission essential function” means those functions that need to be continuous or resumed within twelve (12) hours after an event and maintained for up to thirty (30) days or until normal operations can be resumed.²

  (3) “Normal operations” means those functions of the court that occur in the absence of an emergency.

  (4) “Justice stakeholders” are those persons or entities that have a particularized interest in the operation of the court system as either users thereof or participants therein.

  (5) “Emergency Modified Court Operations” means those operations of the court system that are to remain in place and operational during an “emergency.”

  B. Determination of Emergency

  (1) Within a reasonable period of time, not to exceed seventy-two hours, of an event that may constitute an “emergency” as defined, the available District Court judges of the 12th Judicial District will consult and confer with one another.

  (2) This consultation may be in person, by telephone, or remotely through technology such as ZOOM or other similar applications.

  (3) The presiding judge of the District will consult with each available District Court judge to discuss the event and to determine whether that judge believes that the event constitutes an “emergency.”

  (4) Based on the consensus of these consulted judges and her/his own determination, the presiding judge will make the final decision regarding the declaration of an “emergency” and when to return to normal court operations.

  a. Should the event giving rise to the consultation be localized to one County or courthouse within the District, then the declaration of “emergency” determination shall be at the discretion of the District Judge that regularly sits in that County and if that judge is unavailable then by the presiding judge of the District.

  (5) The District Court judges may, but are not obligated to, invite other interested justice stakeholders into this consultative process to receive input from them regarding whether the event constitutes an “emergency.”

  a. In all cases, the decision as to whether an “emergency” shall be declared and all orders attendant thereto shall be within the sole and exclusive discretion of the District Court judges and the presiding judge of the District.

  b. It will be the duty of the presiding judge of the District Court to coordinate and facilitate communications with the stakeholders that he or she deems necessary to plan and implement emergency modified court procedures.

  (6) Should the event giving rise to the consultation affect the operations of the various County Courts within the District, then the presiding District Court judge will contact and consult with her/his counterpart County Court presiding judge. In consultation therewith, the two presiding judges may call for a joint consultation of all available County and District Court judges within the District.

  a. To the extent possible, the County and District Court judges shall reach a consensus regarding such declaration of “emergency.”

  b. This consultation may also, but not be required to, include such justice stakeholders as the presiding judges determine should be included.

  c. Should a determination of an “emergency” be decided to be declared, then the presiding judges of the courts should both issue such declaration.

  C. Justice stakeholders shall include, but not be limited to:

  (1) The judges representing the County and District Courts;

  (2) The Clerk of the District Court;

  (3) The Clerk magistrate;

  (4) The bailiff;

  (5) The Administrative Office of the Courts;

  (6) The Chief Probation Officer;

  (7) The County Attorney;

  (8) The Public Defender;

  (9) County Commissioners;

  (10) Sheriff;

  (11) Jail administrator;

  (12) Facility manager:

  (13) President of local Bar Association;

  (14) Public health officer;

  (15) Emergency Management coordinator; and

  (16) IT support staff.

  D. Mission essential functions of the District Court include, but are not limited to:

  (1) Arraignments of persons in custody;

  (2) Bond reviews of persons in custody;

  (3) Appointment of counsel in criminal cases;

  (4) Protection order cases;

  (5) Jury trials;

  (6) Acceptance and processing of new cases and/or pleadings;

  (7) Receipt and processing of arrest warrants;

  (8) Receipt and processing of search warrants;

  (9) Receipt, deposit, and accounting for money paid into the court;

  (10) Ex parte temporary orders in domestic relations matters;

  (11) Appeals;

  (12) Habeas petitions;

  (13) Bench trials; and

  (14) Any other matter as determined by the Presiding Judge.

  E. Dissemination

  (1) In the event that a determination to declare an “emergency” has been made and the court has determined to enter Emergency Modified Court Operations, then such declaration of Emergency Modified Court Operations and the subsequent return to normal court operations shall be made known to the court users and public.

  (2) Such declarations will be publicly disseminated through the use of local media such as newspaper and radio outlets, as well as through appropriate social media avenues such as the Nebraska Supreme Court website, other local websites, Twitter, Facebook, etc.

  (3) Court users will be notified directly through dissemination of relevant orders electronically, and/or by mail, public notification as described above as well as public display at the effected courthouses.

  F. Resulting Action

  (1) In the event that an “emergency” is declared under this Rule, then the affected Court(s) will begin to operate pursuant to the applicable Modified Court Operations Plan.

  (2) Such Plans will be electronically disseminated to all known court users effected by the emergency. These Plans will also be distributed to local media outlets to include radio, television, and newspaper reporting services. These Plans will be posted on all available social media platforms to include Facebook and any applicable websites. These Plans will also be publicly posted at or near the entry door to the affected courthouse(s).

  G. Administrative Orders

  (1) As needed, the presiding District Court judge or the senior District Court judge of the affected courthouse(s) may enter Administrative Orders outlining the Modified Court Operations Plan and/or any other such Orders as she/he deems necessary to address the specific needs of a particular courthouse.

  (2) Such Administrative Orders will be publicly disseminated as described above.

  ¹ Merriam-Webster

  ² Department of Homeland Security

Approved April 5, 2023.

   I. PURPOSE. This rule is to establish a process for the appointment of private attorneys to represent indigent defendants as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908.

   II. APPLICABILITY. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender, the Nebraska Commission on Public Advocacy, or any other attorney under contract with the county to provide such services.

   III. GENERAL

   A. Appointments of private attorneys shall be made on an impartial and equitable basis:

   B. The appointments shall be distributed among the attorneys on a rotation system:

   C. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation:

   D. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision: and

   E. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.

   IV. COURT-APPOINTED ATTORNEY LIST

   A. Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants in misdemeanor and felony cases (which shall consist of two categories; misdemeanors and felonies).

   B. Attorneys must contact the County Court in each county and request the Clerk Magistrate to place them on, or remove them from, the court-appointed list. Attorneys must set forth the experience that qualifies them to handle the level of case referenced in their request.

   C. The County Court shall maintain a misdemeanor list and a separate felony appointment list (Appendix 1, attached hereto, shall be used when requesting to be placed or removed from the court-appointed attorney list).

   V. METHOD OF SELECTION FROM COURT-APPOINTED LIST

   A. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:

   1. the nature and complexity of the case;

   2. an attorney’s experience;

   3. the nature and disposition of the defendant;

   4. a language consideration;

   5. a conflict of interest;

   6. the availability of the attorney, taking into consideration an immediate need to address issues involved in the case;

   7. geographical considerations--in all cases, the court may appoint attorneys who are in closest geographical proximity to the court before considering the appointment of other attorneys in order to avoid travel time and mileage expenses, for the convenience of defendants in consulting with their attorney, and for the convenience of the court in scheduling cases for hearing; and

   8. other relevant factors.

   B. Attorneys may contact the appropriate County Court and request the current court-appointed counsel list.

   VI. REMOVAL AND REINSTATEMENT FROM APPOINTMENT LIST

   A. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of county and district court judges within the district.

   B. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.

   C. An attorney who has been removed from the list for any reason may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Rule approve December 17, 2014.

 In the discretion of the judge presiding, courtroom proceedings may be broadcast, both by audio and video, and may be televised, recorded, or photographed (hereafter collectively referred to as “broadcast”) under the following conditions:

  (1) On an interim basis, these rules regarding expanded media coverage apply only to proceedings over which Judge Roland is presiding,[i] taking place within the 12th Judicial District of the State of Nebraska.

  (2) Only members of the media as defined below shall be permitted to broadcast, record, televise, photograph, or otherwise broadcast those proceedings set out below.

  Media is defined as a representative of a radio or television station licensed by the Federal Communications Commission or a reporter/photographer employed by a recognized news outlet.

  (3) The trial judge overseeing the proceeding sought to be broadcast, recorded, or photographed retains sole and complete discretion to terminate the broadcast, recording, or photography (without explanation or warning) at any time during such proceeding.

  (4) Cameras and sound equipment of a quality and type approved by the judge presiding in the case will be fixed in place in the courtroom with field of view of the camera and field of range of microphones being approved by the judge presiding over the proceedings. Other than the cameras identified herein, no other camera will be permitted in the courtroom, including a still camera, cell phone camera, or any other digital recording device equipped to take photographs or video recordings. The images produced by the camera in the courtroom should be of such a nature that still images may be retrieved.

  (5) The audio broadcast shall include only the statements made in open court and shall not include communications between counsel, between counsel and their clients, or bench conferences between counsel and the court.

  (6) Under no circumstances shall images of, or statements from, jurors be broadcast, recorded, televised, photographed, or otherwise broadcast.

  (7) Jury selection will not be broadcast.

  (8) The following cases will not be broadcast: matters involving grand juries, juveniles (persons under 19 years old),[ii] child custody, parenting time, sexual abuse, sexual assault, domestic abuse, child abuse, protection orders, and any other cases that the trial judge may determine.

  (9) The testimony of certain witnesses may not be broadcast. Those witnesses are as follows: persons under age 19,[iii] a person who claims to be a victim of sexual abuse or sexual assault who will be called upon to testify about the abuse or assault, or a confidential informant whose testimony is about the matter upon which the person informed. Any witness may make a request to prevent that person’s testimony from being broadcast by making application to the judge presiding over the proceeding indicating the reason the witness does not want his or her testimony broadcast.

  (10) Upon application of any party or counsel, the court may, in its sole and complete discretion (and without further explanation), determine to not broadcast courtroom proceedings or terminate the broadcast of courtroom proceedings.

  (11) Upon application at least 14 days in advance of a scheduled hearing that may be broadcast, the court may, in its sole and complete discretion (and without further explanation), permit other types of broadcast or recording equipment in the courtroom.

  The images and sound produced from the courtroom will be available to any broadcast media licensed by the Federal Communications Commission and any print media published in the State of Nebraska on a pool basis.

  The overriding principle shall be the guarantee of a fair trial to the litigants. Criteria may change from time to time based on factors which the court has not yet considered and the circumstances of individual cases.

Approved August 28, 2013.

   At the discretion of the County Judge presiding over the matter, the 12th Judicial District County Court Courts have determined that, through the use of available technology, including telephone and cloud-based applications such as ZOOM and WebEx, certain types of hearings lend themselves to the use of such technology in the efficient and expeditious operations of the courts. Therefore, the County Court judges adopt the following Local Rule to govern the use of such technology.

  1. The Court, counsel, and litigants are expected to conform to all applicable state statutes regarding such usage.

  2. Counsel are expected to have the appropriate application (i.e., ZOOM or WebEx) available to them on a cellular device or computer or similar device to access the technology.

  3. Counsel are expected to forward any links or other connection information to litigants who are anticipated to participate by such technology and to ensure that such litigants have the applicable application on some type of device that will permit them to so participate.

  4. In general, the Clerk Magistrate’s office for the county will email the invites for hearings by WebEx or Zoom, or the meeting ID if by Zoom, for hearings on the court day before the hearing or the day of the hearing. However, judges are allowed to use a different procedure. Please check with the appropriate court’s Clerk Magistrate’s office if you have any questions or concerns regarding this matter.

  5. Any party objecting to a witness appearing by videoconference must file an objection no later than three (3) weeks prior to the appearance, with a hearing for the same to be heard no less than (1) week prior to the appearance.

  6.Attached hereto is Appendix A which outlines hearing rules for the use of such technology in civil, juvenile, small claims, and probate proceedings.

  7. Attached hereto is Appendix B which outlines hearing rules for the use of such technology in criminal and traffic proceedings.

Approved October 26, 2022.