(A) The Nebraska Supreme Court, pursuant to the general administrative authority over all courts in the state set forth in Neb. Const. art. V, § 1, and by adoption of this rule, authorizes creation and implementation of an Acceptable Use of Information Technology Resources Policy (found as Appendix 1) to outline the acceptable use of information and information technology resources by Branch users. This rule further provides clarification as to applicability of Appendix 1 to users of Judicial Branch information technology systems.

   (B) Applicability and Scope.

   (1) The rule shall apply to all Judicial Branch users of information technology systems. Judicial Branch users are defined as persons who have access to and utilize any Judicial Branch information technology systems, networks, hardware, and/or software, regardless of title, employment, volunteer position, or contract status. This includes, but is not limited to, judges, judicial branch employees covered by and those who are excepted from the Nebraska Supreme Court Personnel Policies and Procedures, elected clerks of the district court, county court employees who are Branch users, contract workers, interns, volunteers, and business partners.

   (2) All Judicial Branch users shall, to the fullest extent reasonably possible, comply with all requirements of Appendix 1 or face potential disciplinary and/or remedial action as determined by the Nebraska Supreme Court and set forth in section (D).

   (3) This rule and Appendices 1 and 2 shall not apply to the Nebraska Workers’ Compensation Court.

   (C) Acceptable Usage. Appendix 1 shall outline the acceptable use of information technology systems, networks, hardware, and/or software by Branch users. The Nebraska Supreme Court requires all Branch users to sign an acknowledgment that the user has received and read this rule and Appendix 1 as a condition of access to any Branch information system. This Acknowledgment of the Policy is set forth in Appendix 2.

   (D) Disciplinary and Remedial Action. Violations of this rule by willful noncompliance with Appendix 1 may result in disciplinary action; loss of access to information technology systems, networks, hardware, and/or software by the violator; or other remedial or corrective action as determined by the Nebraska Supreme Court. Specific disciplinary and remedial authority is set out as follows: 

   (1) The ultimate disciplinary authority for judges in the State of Nebraska rests in the provisions of Neb. Const. art. III, § 17, and art. V, § 30.

   (2) Disciplinary authority for judicial branch employees covered by the Nebraska Supreme Court Personnel Policies and Procedures rests in the disciplinary provisions contained therein. Willful noncompliance with Appendix 1 may be cause for disciplinary action as provided by the Personnel Policies and Procedures.

   (3) For Judicial Branch employees excepted from the Nebraska Supreme Court Personnel Policies and Procedures, willful noncompliance with Appendix 1 may be cause for remedial or corrective action as determined by the Nebraska Supreme Court.

   (4) For elected clerks of the district court and county employees who are Judicial Branch users in the district courts of the state, willful noncompliance with Appendix 1 may be cause for loss of access to information technology systems, networks, hardware, and/or software by the violator.

   (5) For contract workers, interns, volunteers, and business partners, willful noncompliance with Appendix 1 may be cause for loss of access to information technology systems, networks, hardware, and/or software by the violator, may be a breach of contract, or may result in early termination of the internship or volunteer opportunity as determined by the Nebraska Supreme Court or the Administrative Office of the Courts and Probation.

   (E) Any violation of Appendix 1 that gives rise to potential criminal activity shall be reported to the appropriate authorities.

   (F) Administration of Appendices 1 and 2 shall be by the Nebraska Judicial Branch Chief Information Officer as directed by the Nebraska Supreme Court.

   (G) The Nebraska Supreme Court may require Judicial Branch Education for all Judicial Branch users on information systems and security. Specific education shall be provided by Judicial Branch Education as directed by the Nebraska Supreme Court.

   (H) The Supreme Court authorizes the Judicial Branch Chief Information Officer to develop and maintain, in consultation with the Supreme Court, an Information Systems and Security Policy. This policy shall be confidential and shall be reviewed annually by the Chief Information Officer in consultation with the Supreme Court.

§ 1-1201 adopted April 17, 2024.

  (A) All Branch users are required to fully comply with Neb. Ct. R. § 1-1201 unless specifically granted a waiver by the Nebraska Supreme Court for specific sections of the rule or Appendix 1 based on the following:

  (1) The request shall be in writing and shall outline the specific rule sections and/or Appendix 1 provisions that the requestor is seeking a waiver from. The request shall be submitted on behalf of an office, division, county, or district and shall be signed by a presiding Judge, the Chief Probation Officer, Clerk of the District Court, Court Administrator, or similar supervisory position. No request for an exception may be made by an individual employee or user.

  (2) The request must show a compelling need for a waiver of the rule section(s) or Appendix 1 provisions as enforcement would otherwise hinder the functions and duties of the office should a waiver not be granted by the Supreme Court.

  (3) The request shall be submitted to and evaluated by the Judicial Branch Chief Information Officer, who shall submit a report to the Supreme Court regarding the request for waiver with a recommendation.

  (B) The request and recommendation shall be reviewed by the Supreme Court. The Court may grant a waiver for those requested sections and provisions if a compelling need is determined. The Court may direct the waiver to be for a certain period of time or until further notice by the Court. The Judicial Branch Chief Information Officer shall coordinate the waiver and provide assistance as directed by the Court.

  (C) If a waiver is granted for a specific section(s) of § 1-1201 or an Appendix 1 provision, compliance with all other sections and provisions shall be required, and violations of the nonwaived sections and provisions shall be as provided in § 1-1201(D).

  (D) Section 1-1202 shall be in effect upon adoption and shall sunset on June 30, 2027, unless advanced or extended by the Supreme Court.

Approved May 15, 2024.