Chief justice focuses on achievements, concerns

Nebraska Supreme Court Chief Justice Michael Heavican delivered his State of the Judiciary address to the Legislature Jan. 17. Heavican focused on the judiciary’s role in children’s rights, sentencing alternatives, vulnerable adults, language barriers in the courts and technology.

In July 2012, a pilot project was implemented in Omaha, North Platte and Scottsbluff to prevent children in the juvenile justice system from becoming repeat offenders, Heavican said.

Children do not have to become wards of the state to receive services from the project, he said, which results in individualized treatment, cost savings and a reduction in recidivism in the state’s juvenile population.

The project resulted in an 80 percent successful probation completion rate in the first six months, he said, which is higher than the statewide average.

Heavican noted the success of other initiatives focusing on improving the way abused and neglected children are served in the courts.

“Children are achieving stability more quickly because of court-based initiatives such as prehearing conferences,” he said. “Due to the success of these hearings and coordination between the courts and [the state Department of Health and Human Services], some termination of parental rights trials and appeals has been avoided.”

For many offenders crime and drug addiction are intertwined, Heavican said, so specialty drug courts have been developed statewide to target problems that bring people into the state’s criminal court. He said he anticipates drug courts will be available in all 12 of Nebraska’s judicial districts for the first time this year.

Issues and concerns have been raised about the implementation of new laws and court rules meant to better serve vulnerable adults, he said, as well as instances of theft and misuse of funds by guardians and conservators.

“We are working with the Nebraska State Bar Associations to identify these areas where the process can be simplified, while maintaining an adequate level of protection for these vulnerable adults,” he said.

Additionally, he added, a commission is being created to focus on further implementation of protections provided to these adults.

Heavican said another challenge facing Nebraska courts is the increasing number of individuals who speak little or no English. Not only is it is important that these individuals be heard, he said, but it is important that judges, attorneys and jury members can understand their testimony for justice to be served.

Last year interpreter services were provided in 39 languages, he said, and this year the court is implementing a plan to research Nebraska’s immigrant and refugee language needs and to educate judges and court staff.

Technology is helpful in providing interpreter services, he said, and also is increasingly important to the operation of the entire judicial branch. Heavican said the courts will work towards electronic filing and publishing in appellate court cases, video conferencing in the trial courts and an increased use of technology to promote judge and staff productivity.

The judicial branch serves the most vulnerable of the state’s citizens and is proud of its achievements in addressing their needs, Heavican said, and he thanked the Legislature for its support.