Court clerks in rural Nebraska will help larger and busier courts process small claims, probation filings and other cases under a pilot program starting this year, the state's chief Supreme Court justice said Thursday.
Nebraska Supreme Court Chief Justice Michael Heavican outlined plans for the regional approach to court services, which he said would improve efficiency, during his annual State of the Judiciary address. Heavican told lawmakers the programs come through a partnership with the National Center for State Courts.
"It is hoped that these projects can serve as models for rural courts and allow us to preserve jobs in communities with fewer needs, while easing the burden of courts which have greater demands on staff time," he said.
The plans were part of a wide-ranging speech that highlighted the court's role in helping children and the elderly, as well as the rise of computer technology to process cases.
Heavican said court clerks in rural Colfax County, encompassing the town of Schuyler, will be able to process electronic filings for employees in Omaha's Douglas County. Probation staff members in one part of the state can transcribe pre-sentence investigation reports for staff members in another county, he said.
County court clerks said the program would likely help smaller offices, some of which are staffed by one person. The Judicial Branch has also faced budget cuts in recent years, along with other areas of state government, while caseloads have risen in Nebraska's larger cities. Lawmakers will consider a bill this session that would move a county judge from central Nebraska to Lincoln.
"Obviously, some courts are going to make more use of it than others," said Randy McCoy, clerk of Lincoln County's county court. McCoy, whose office processes 15,000 cases per year, said he did not yet know whether his county would participate.
Heavican said one pilot program will allow service-sharing across county lines. Judge Anne Paine of McCook is conducting another pilot program in the 11th judicial district, in which one employee will oversee the collection of fines from all courts in the 17-county area.
Paine said the program was still in its infancy. But she said employees in smaller counties would likely help larger counties mail notices for fines and court appearances.
"The belief is, anything that can be done remotely to assist some of these counties is a good thing," she said. "We want to keep these smaller courts open, and they're available to provide that service."
Omaha Sen. Brad Ashford, chairman of the Legislature's Judiciary Committee, said the program reinforces the state's commitment to county courts. County clerks in Nebraska handle small claims cases, misdemeanors, probation, adoptions, and early court appearances for criminal defendants. District court clerks oversee divorce proceedings, larger lawsuits, and felony cases that have advanced out of the county courts.
"Those are significant positive utilizations of technology," Ashford said.
Heavican's remarks touched on themes similar to his earlier State of the Judiciary speeches. Last year, he emphasized the state's duty to protect children and the elderly.
The chief justice said Thursday that he anticipates a rise in the number of guardianships and conservatorship cases, driven by the state's growing elderly population. While the total population of the state is expected to grow 11 percent by 2030, he said, the number between the ages of 70 and 79 is expected to rise by more than 80 percent.
Heavican said the courts have adopted the requirements of a new state law requiring background checks for guardians and conservators, who make decisions for elderly relatives or others who are incapacitated. The law, which went into effect Jan. 1, also requires that conservators post bonds when the assets of their wards are greater than $10,000.
"None of us is naïve enough to believe that elderly persons will no longer be subject to abuse," Heavican said. "But the statutory changes made by the Legislature, which are being implemented by the judicial branch, will provide for better checks and balances."
He said child welfare remains a top priority for the courts, and highlighted the success of a Douglas County pilot program that allowed juveniles on probation to access rehabilitative services without becoming state wards. Heavican said 635 juveniles participated in the program, and 83 percent were able to stay in their own homes.
"We think this program is both efficient and effective," he said. "We hope the program will be fully funded and expanded to at least one county in rural Nebraska."
Omaha Sen. Bob Krist and five other lawmakers have introduced a measure this session that would create a statewide pilot program for juveniles. The proposal is part of a broader effort this year to overhaul the state's troubled child welfare system.
