Chief justice focuses on judiciary’s accomplishments

Chief Justice Michael Heavican of the Nebraska Supreme Court delivered his State of the Judiciary address to the Legislature Jan. 20.

Focusing on accomplishments in serving the state’s vulnerable elderly and young, Heavican said the court system strives to balance its constitutional mandate to provide access to justice with the realities of budget constraints.

One area of focus, Heavican said, is strengthening the state’s guardianship and conservatorship system for vulnerable adults. The judicial branch has worked with the Legislature on proposed changes to the system, including mandatory background checks for guardians and conservators and provisions allowing interested third parties to request additional oversight, he said.

“Most of the recommendations will improve the guardianship/conservatorship system at very little or no cost,” he said. “I see no reason why Nebraska’s system should not be a model for other states to follow.”

Heavican also discussed three projects the court system has implemented to improve outcomes for children.

“Like the elderly, many abused, neglected and delinquent children often find themselves involved in the court system under circumstances in which they cannot protect themselves,” he said.

The Nebraska Juvenile Service Delivery Project began in 2009 as a pilot program in Omaha with the goal of delivering services to delinquent children without requiring them to become state wards.

Prior to the project’s implementation, Heavican said, children often were made wards and consequently were supervised by both the state Department of Health and Human Services and probation staff.

“This was a costly, confusing and redundant practice,” he said.

Since the project began, Heavican said, the number of juveniles under dual supervision has been reduced by 70 percent. Probation administration, judges, HHS workers, volunteers and others also continue to focus on truancy reduction and reducing the time children spend in out-of-home placement, he said.

The courts also are focusing on technology to increase efficiency, Heavican said, noting improvements in electronic payment and filing systems.

The court collected over $5 million in traffic fines in 2010 through its electronic payment system, he said, and 50 percent of new civil filings in county court systems are made electronically.
Technology also is being employed to assist self-represented parties and to provide long-distance interpreter services, he said.

But Heavican cautioned that improved technology alone will not solve the court’s challenges in providing access to justice for Nebraska’s citizens.

“Technology is the future of the courts, but it must be coupled with long-range planning in anticipation of the court system’s future need for resources,” he said. “And ‘resources’ means judges and employees.”

Heavican encouraged lawmakers to consider the constitutional role of the courts when making difficult funding decisions this session. The court system needs adequate personnel across the state to carry out its duties, he said.

“The courts are not just another agency line item in the state’s budget,” he said. “Our courts are a constitutional branch of government, co-equal with the legislative branch and the executive branch.”