Rule 8-12. Emergency Modified Court Operations

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Rule 8-12. Emergency Modified Court Operations

   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.