Nebraska Chief Justice provides State of Judiciary message to lawmakers

BEATRICE – Nebraska’s Chief Justice touched on issues of judicial staffing, the role of probation and growing use of technology during a Tuesday address before state lawmakers.

Chief Justice of the Nebraska Supreme Court, Mike Heavican, gave his annual State of the Judiciary Address.  "Our staff are hard-working and loyal, however, similar to other state employees in this post-pandemic era, many have retired and some have been lured away by better-paying jobs in county or city governments or the private sector. We are grateful to this legislature for funding salary upgrades for approximately one-third of our workforce last year, based on a comprehensive salary survey conducted in 2021."

Heavican said there is still work to do in addressing vacant positions, especially in state probation. This past year, Heavican said hiring and referral bonuses and retention benefits were provided….along with upgrading education opportunities in the judicial branch.  The Chief Justice said the role of state probation has grown over the years….now offering active case management, job training, substance and mental health treatment.

"Innovative programs in recent years have included the specialized substance abuse supervision program...the navigator program used in post-release supervision...and day and evening reporting centers. We currently have seventeen reporting center locations in Nebraska."

Heavican credited state probation officers with the use of technology to continue to provide probation services during the Covid pandemic. He said there are about 14,000 adults and 2,500 juveniles on probation on any given day, in Nebraska….at much less cost than incarceration.  "If even if a fraction of the 14,000 adult probationers were instead incarcerated, this body would need to build more than one new prison."

Heavican said the future of the courts is technology….having gone to Zoom and Webex hearings, and mandatory e-filing for attorneys in the state. Although not without some problems, Heavican said the filing system is working well. Technology upgrades also include the start of new audio and visual systems in trial courts across the state.

"We have begun to install modern, standardized courtroom audio-visual technology in all of our trial courts across the state. The project goals are that all courts will have the ability to hold quality remote and hybrid hearings and be better equipped to handle electronic exhibits. The courts will also have the ability to capture higher-quality digital recordings of proceedings. Standardizing courtroom technology throughout the state makes it easier for judges, court staff and attorneys to do their jobs. Heeding this body's quest to reduce property taxes, these upgrades are being accomplished without using county property tax dollars."

Heavican said this past year, the State’s Justice System marked the fifth anniversary of allowing cameras in trial courtrooms. Media were allowed fuller access to audio and visual recording of court proceedings.

The Chief Justice says the judiciary continues to focus on a three-phase initiative of equal access to Nebraska’s courts. One challenge continues to be behavioral health services to defendants who come to the court system, with mental health difficulties.