A. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants in criminal cases as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908, as well as juveniles, young adults, and parents in juvenile cases as provided in the Nebraska Juvenile Code.

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

  C. 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 in criminal cases and juveniles, young adults, and parents in juvenile cases.

  (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 attorney list, and indicate whether they will accept misdemeanor, felony, and/or juvenile court 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 attorney list available upon request.

  D. Method of Selection From Court-Appointed Attorney 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, juvenile, young adult, or parent;

  (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.

  E. Removal and Reinstatement From Court-Appointed Attorney 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 a County Court's court-appointed attorney list by the county court judge assigned to preside in such county.

  (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 after the deficiencies contained in the notice have been resolved.

Approved January 22, 2015; amendments approved April 16, 2025.

  A. General Conduct.

  (1) All hearings shall be conducted in person unless otherwise provided.

  (2) All remote hearings are subject to the approval of the court and shall be consistent with the public’s access to the courts and as provided by Neb. Rev. Stat. § 25-2704(2).

  (3) These rules regarding remote hearings may be waived by the court.

  (4) All remote hearings shall be on the record unless otherwise provided. The parties may waive a verbatim record for any non-evidentiary hearing as allowed by Neb. Rev. Stat. § 25-2704(2) and the Rules of Appellate Practice, § 2-105(A)(1).

  (5) The party requesting a remote hearing shall be responsible for making all arrangements which will allow all opposing parties to appear and shall bear all expense for the same.

  (6) Uniform County Court Rule § 6-1402 regarding attire shall apply to remote hearings.

  B. Non-evidentiary Hearings.

  (1) A party may request a remote hearing when no evidence will be offered by any party.

  To request a remote hearing, the moving party shall:

  (a) File a motion and notice of remote hearing, with a proposed order, at least 5 days prior to the scheduled hearing, certifying that all parties consent to the remote hearing and that no evidence will be offered at the hearing.

  (b) The moving party shall make all arrangements for the participation of the court and opposing parties at the hearing.

  (2) A party may request to appear remotely at a non-evidentiary hearing not originally scheduled as a remote hearing. If a request to appear remotely is desired, the moving party shall:

  (a) File a motion, at least 3 days prior to the hearing, with a proposed order allowing the same:

  (b) Certify in the motion that the moving party will not offer evidence;

  (c) Contact the appropriate court clerk/bailiff/court reporter to obtain a hearing time; and

  (d) Contact the court at the scheduled hearing time.

  C. Evidentiary Hearings Not Involving Oral Testimony.

  (1) The court, on its own motion, may order proceedings not involving the testimony of witnesses by oral examination to be held using remote technology.

  (2) A party may request a remote evidentiary hearing that does not involve testimony of witnesses by oral examination. To request a remote hearing, the moving party shall:

  (a) File a motion for remote hearing at least 7 days prior to the hearing; and

  (b) Certify in the motion that all parties consent to the remote hearing.

  (3) If a remote evidentiary hearing involving only documentary evidence is allowed, the party offering documentary evidence shall provide electronic copies of the exhibits in PDF format to the court reporter and all other parties at least 2 business days before the hearing. Failure to comply with this requirement may result in the court refusing to receive such exhibits upon offer.

  (4) The court may issue additional orders governing procedures and requirements for each individual hearing.

  D. Evidentiary Hearings Involving Oral Testimony.

  (1) Any remote hearing involving oral testimony will only be granted upon prior approval of the court based upon extraordinary circumstances.

  (2) The party requesting such hearing shall make arrangements to confer with both the court and opposing counsel/parties to discuss orders governing the procedures for such hearing.

Approved October 19, 2022; amendments approved April 16, 2025.

   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; amendments approved April 16, 2025.