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.