Chief justice focuses on cooperation, funding concerns

In his first State of the Judiciary address Jan. 28, newly appointed Chief Justice Jeffrey Funke focused on successful past collaborations between the legislative and judicial branches and asked lawmakers to ensure adequate funding for ongoing needs.

“The partnerships and cooperation between our branches are vital to maintain a society where the law is applied fairly and justice is accessible to all,” Funke said.

The chief justice noted successful partnerships on probation, post-release supervision, problem-solving courts and public guardianships in his remarks.

The work of the judicial branch to provide innovative and effective adult and juvenile probation and post-release supervision has prevented future crime and kept thousands of individuals from returning to prison, Funke said, at a low cost to taxpayers.

He noted that the recidivism rate for individuals who successfully complete adult probation is 19%, and that less than 10% of individuals under post-release supervision return to the Department of Correctional Services because of a probation revocation.

Funke also touted the success of the Access to Justice Commission, which is working to identify and resolve barriers to equal access to the courts in Nebraska. One result of its work has been the establishment of an in-person self-help center in Douglas County to assist self-representing litigants in filing and processing their cases, he said.

“Over the years, I have seen the positive impact of the work of this body, from approving funds that enable us to maintain and improve court and probation operations across the state, to passing legislation so that our laws remain responsive to the needs of our citizens,” Funke said.

Almost every success, however, engenders additional challenges, the chief justice said.

For example, there currently are more than 800 participants in a variety of problem-solving courts in Nebraska, Funke said, which have a recidivism rate of only 24%.

“However, more Nebraskans can and should be served,” he said. “To do so we will need your continued commitment to provide additional resources.”

The courts also require funding to continue improving language access, he said. Currently, interpreting services are provided in more than 60 different languages, Funke said, and the administration is working to produce videos in various languages that detail court procedures and the role of interpreters.

In addition, he said, technology advances include equipping nearly every courtroom in the state with infrared assistive listening devices for those experiencing hearing loss and enhancing virtual courtrooms to provide remote hearings.

“Our past accomplishments have built a strong foundation for our future success,” Funke said. “And this legislative session marks the next opportunity for our branches to work together to serve the people of Nebraska.”