NCJ Number
58325
Date Published
1977
Length
118 pages
Annotation
SERIES OF INTERIM CONCEPT PAPERS PREPARED BY THE NATIONAL CENTER FOR STATE COURTS BASED UPON A REVIEW OF PROBLEMS IDENTIFIED IN VOLUME I, THE NEBRASKA COURT ORGANIZATION PROFILE, ARE PRESENTED.
Abstract
THROUGH FIVE INDEPENDENTLY PREPARED PAPERS, RECOMMENDATIONS ARE MADE REGARDING NEBRASKA COURT ORGANIZATION IN SIX SUBSTANTIVE AREAS INCLUDING JUDICIAL POLICY, STATE COURT ADMINISTRATION, COURT ORGANIZATION, THE JUDICIARY, COURT SYSTEM FINANCING, AND COURT RECORDS STATISTICS AND INFORMATION SYSTEMS. FIRST, IT IS RECOMMENDED THAT A JUDICIAL CONFERENCE BE ESTABLISHED FOR ALL JUDGES OF THE STATE; IT SHOULD MEET REGULARLY, FORM COMMITTEES, SERVE AS A SOUNDING BOARD FOR PROBLEMS, SPONSOR STUDIES, AND PROPOSE CHANGES TO THE COURT SYSTEM. SECOND, ADMINISTRATIVE SERVICES SHOULD BE INTEGRATED UNDER THE SUPERVISION OF THE STATE COURT ADMINISTRATOR'S OFFICE. IN ADDITION, STATUTORY AND CONSTITUTIONAL REFORM TO FACILITATE A SIMPLIFICATION AND UNIFORMITY OF RULES OF PRACTICE SHOULD BE SUPPORTED. A PERSONNEL SYSTEM OR A UNIFIED NEBRASKA COURT SYSTEM SHOULD BE ENTIRELY INDEPENDENT AND DISTINCT FROM THE SYSTEMS OPERATED BY THE EXECUTIVE AND LEGISLATIVE BRANCHES OF STATE GOVERNMENT. THE AUTHORITY OF THE JUDICIAL QUALIFICATIONS COMMISSION OUGHT TO BE BROADENED TO ALLOW IT TO RECOMMEND ACTION WHICH WOULD NOT ONLY RETIRE OR REMOVE A JUDGE FROM OFFICE, BUT WOULD ALSO ALLOW SUSPENSION WITHOUT PAY OR CENSURE OF A JUDGE. COURT SYSTEM FINANCING CHANGES SHOULD INCLUDE PROHIBITION OF EXECUTIVE BRANCH REVISION OF JUDICIAL BUDGET REQUESTS PRIOR TO THEIR SUBMISSION TO THE LEGISLATURE. ADDITIONALLY, STATE ASSUMPTION OF THE COSTS OF INDIGENT DEFENSE NOW BORNE BY THE COUNTIES IS PROPOSED. FINALLY, REGARDING COURT RECORDS AND INFORMATION SYSTEMS, ESTABLISHMENT OF A STATEWIDE COURT INFORMATION SYSTEMS POLICY COMMITTEE IS RECOMMENDED TO OVERSEE AND GUIDE COURT INFORMATION SYSTEM DEVELOPMENT EFFORTS, INCLUDING THOSE OF STATISTICAL REPORTING. FOOTNOTES ARE INCLUDED. (LWM)