The head of Nebraska\u2019s judicial branch reviewed the court system\u2019s efforts to provide \u201cuninterrupted access to justice\u201d during the coronavirus pandemic in his State of the Judiciary address Jan. 21.<\/p>\n
As his fellow justices watched from outside the legislative chamber, Nebraska Supreme Court Chief Justice Michael Heavican told lawmakers that the judicial branch\u2019s guiding principle over the past year has been the constitutional requirement that courts remain open.<\/p>\n
\u201cThere is no exception \u2014 for a pandemic or otherwise \u2014 to Nebraska\u2019s Constitution\u2019s requirement of open courts,\u201d he said. \u201cAfter all, crime does not stop during a pandemic, nor does child abuse, spouse abuse, fraud, or the myriad of other social issues that depend on our courts for resolution.\u201d<\/p>\n
More than half of judicial branch workers were quarantined for at least two weeks over the past year, Heavican said, but a 2019 pandemic planning session with the University of Nebraska Medical Center and the court system\u2019s investment in technology over the past decade helped it adapt quickly to COVID-19 and keep courts safely open.<\/p>\n
\u201cFrom Harrison to Falls City, and from Benkelman to Blair, justice is being administered without denial,\u201d he said.<\/p>\n
Technology allowed the state Supreme Court and Court of Appeals to hold online oral arguments and new probation officers to take their oaths of office remotely, Heavican said. Court interpreters adapted to the pandemic by offering their services by telephone or video.<\/p>\n
He said many of the state\u2019s courthouses and courtrooms are too small to provide for adequate social distancing during jury selection and witness presentations, so several schools and organizations let the courts use their large public spaces to hold jury trials.<\/p>\n
Heavican thanked the Nebraskans who, over the past year, reported for jury duty, a service that he said requires sacrifice even in normal times.<\/p>\n
\u201cIn Nebraska, almost no one refused to serve,\u201d he said. \u201cFarmers and factory workers, doctors and ditchdiggers, baby boomers and millennials all showed up, proud and anxious to perform their duty.\u201d<\/p>\n
Heavican said the courts were able to transition quickly to distance operations because they already had begun to implement new technology and programming, including an online court payment system and an online education system. In 2020, attorneys electronically filed more than 1 million pleadings, more than in any previous year, he said.<\/p>\n
The judicial branch also is working to identify \u201cequal access deficiencies\u201d in the state\u2019s court system after incidents of racial injustice led to civil unrest last summer, Heavican said.<\/p>\n
He said a new racial equity initiative, which began with a survey of court users last November, will help the judicial branch identify barriers that Nebraska\u2019s marginalized populations face in the court system. Focus group sessions with community leaders and larger public listening sessions will follow when they can be held without jeopardizing participants\u2019 health, Heavican said.<\/p>\n
\u201cNo institution in this state plays a more pivotal role in ensuring equal access to justice than Nebraska\u2019s courts,\u201d he said. \u201cThere is no place in our court system for racial discrimination or inequality.\u201d<\/p>\n","protected":false},"excerpt":{"rendered":"
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