Neb. Sup. Ct. R. A

As amended through December 18, 2024

Appendix A - [Effective 1/1/2025] Judicial Branch Education (JBE) Standards

I. STANDARDS FOR All JUDGES

1. Program Requirements

All justices and judges shall complete a minimum of 10 hours of approved coursework each year, which shall include 2 hours of ethics education. Justices/judges are exempt from Mandatory Continuing Legal Education (MCLE) for Lawyers. See Neb. Ct. R. § 3-401.5(C).

2. Participant's Responsibilities

Each justice/judge should obtain and maintain professional competence through judicial education, spend such time as may reasonably be required to accomplish that purpose, support and assist other judges who may be attending judicial education programs as participants or as faculty, and, when reasonably able to do so, teach in judicial or legal education programs.

3. Curriculum Standards

(a) Judicial education should address the areas of judicial competence, performance, case management, opinion writing, and administration.

(b) Judicial education programs should impart knowledge; improve skills and techniques; and increase the understanding of judges regarding their responsibilities and their impact on the judicial process, the people involved, and society.

(i) Education on major legal subjects and practical skills relevant to the jurisdiction of the court in which the judge serves.

(ii) Periodic educational offerings for all judges on the substantive, procedural, and evidentiary laws, ethics, United States constitutional law, and applicable federal law.

(iii) Continuing education programs emphasizing new developments in the law and judicial administration, procedural and technological developments in the judicial system, opinion writing, and programs to enhance the efficiency, abilities, and knowledge of each judge; as well as programs designed to enhance leadership, community engagement, and personal and professional development.

(iv) Advanced and specialized programs.

(v) Online courses and distance programs as approved by and offered by JBE.

(vi) Regional and national programs approved for credit by JBE.

4. Judicial Education Program Planning

Planning for JBE sponsored events shall occur each year utilizing the various judges' education committees formed for each court. Working in conjunction with JBE, the education committees shall develop an education plan to assist in determining annual education offerings.

II. STANDARDS SPECIFIC TO APPELLATE COURT JUDGES

1. Orientation

A new appellate judge shall attend orientation before assuming office or within 6 months thereafter. JBE, in coordination with sitting appellate judges, shall offer an orientation for a new appellate judge comprising of a comprehensive presentation of the procedures and functions of the court and procedural and substantive law applicable to it.

2. Non-JBE Continuing Education

At least every 3 years, appellate justices and judges should attend a program of regional or national scope. At least every second year, the Chief Judge of the Courts of Appeals, in satisfaction of these requirements, should attend the annual seminar or meeting of the Council of Chief Judges of Courts of Appeals.

III. STANDARDS SPECIFIC TO DISTRICT AND COUNTY COURT JUDGES

1. Orientation

(a) Before assuming office or within the first 6 months of assuming office, a new district or county court judge shall participate in orientation. Such orientation shall be conducted using content approved by JBE in coordination with the recommendations of the district/county court education committees, which shall contain education on major legal subjects and practical skills relevant to the jurisdiction served.

(b) New district and county court judges shall attend a general jurisdiction course outside the State of Nebraska within 18 months of assuming office.

2. Curriculum Specific to County Court Judges

Juvenile jurisdiction judges should attend judicial education programs, as are reasonably available through JBE, which include education on major legal subjects and practical skills relevant to juvenile court jurisdiction. The curriculum would include: introduction to juvenile courts, overview of federal and state law, overseeing cases under the Nebraska Juvenile Code, writing orders, termination of parental rights, permanency issues, dispositions, divorce and paternity, mental health, substance abuse, foster care, specific needs of teenagers, the effects of trauma and domestic violence, and the Indian Child Welfare Act.

IV. STANDARDS SPECIFIC TO SEPARATE JUVENILE COURT JUDGES

1. Orientation

(a) Before assuming office, or within the first 6 months of assuming office, a new separate juvenile court judge shall participate in orientation. Such orientation shall be conducted using content approved by JBE in coordination with the recommendations of the separate juvenile court judges' education committee, which shall contain education on major legal subjects and practical skills relevant to juvenile court matters.

(b) New separate juvenile court judges shall attend a course relevant to juvenile court jurisdiction outside the State of Nebraska within 18 months of assuming office.

(c) A formalized mentoring program shall be available for all new separate juvenile court judges under guidelines approved by JBE.

2. Curriculum

V. STANDARDS SPECIFIC TO WORKERS' COMPENSATION COURT JUDGES

1. Orientation

(a) Before assuming office, or within the first 6 months of assuming office, a new workers' compensation court judge shall participate in orientation. Such orientation shall be comprised of a comprehensive presentation of the procedures and functions of the court and procedural and substantive law applicable to it. Orientation content shall be approved by JBE in coordination with the recommendations of the Workers' Compensation Court presiding judge and the court's administrator, which shall contain education on major legal subjects and practical skills relevant to workers' compensation court matters.

(b) The court shall have a formalized mentoring program for all new judges under guidelines approved by JBE.

2. Education Resources

The funding model for the Workers' Compensation Court provides resources that can be dedicated to training and education. While JBE does not fund training for the Workers' Compensation Court judges and staff, it works closely with the court to provide education, share resources, and track compliance with JBE rules.

VI. STANDARDS FOR RETIRED PART-TIME JUDGES

Retired judges working 60 days or more (whether part or full days) per year in a judicial capacity must complete 10 hours of approved JBE course work each year, which shall include 2 hours of ethics education. See Neb. Ct. R. § 1-503(C).

VII. STANDARDS FOR CHILD SUPPORT REFEREES

1. Participant's Responsibilities

Child Support Referees shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. Child Support Referees who are maintaining an active law license are exempt from Mandatory Continuing Legal Education (MCLE) for Lawyers. See Neb. Ct. R. § 3-401.5(C).

2. Orientation

Within 3 months of taking office, a new child support referee shall participate in an orientation formulated by JBE to introduce the referee to Nebraska court structure and procedures and to address the skills and knowledge needed to perform the functions of the position.

3. Curriculum Standards

(a) Judicial education should address the areas of judicial competence, performance, case management, order writing and administration.

(b) Judicial education programs should impart knowledge; improve skills and techniques; and increase the understanding of the referee regarding their responsibilities and their impact on the judicial process, the people involved, and society.

VIII. STANDARDS FOR LAW CLERKS, RESEARCH ATTORNEYS, AND STAFF ATTORNEYS WORKING IN THE APPELLATE AND TRIAL COURTS

1. Program Requirements

Attorneys employed by the State or County in law clerk, research attorney, or staff attorney positions in the appellate and trial courts, regardless of the active or inactive status of the attorney's law license, shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. Attorneys who are maintaining an active law license are exempt from Mandatory Continuing Legal Education (MCLE) for Lawyers; see Neb. Ct. R. § 3-401.5(C).

2. Curriculum Standards

(a) Education should address the areas of proficiency, competency, and performance.

(b) Court-related education and training programs should impart knowledge and understanding of the courts and the issues impacting the work of the appellate and trial courts. Educational requirements shall be designed to increase the participant's understanding of the responsibilities of the position and its impact on the judicial process.

(i) Ongoing education on an annual basis as offered by JBE.

(ii) Online learning opportunities and distance learning sessions offered or approved by JBE; and

(iii) JBE approved national and in-state programs addressing issues faced by appellate and trial courts.

3. Orientation

As soon as practicable after hiring, orientation for a law clerk, research attorney, or staff attorney shall include, as a minimum:

(a) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(b) An overview of:

(i) the Nebraska judiciary, including the structure and function of each court;

(ii) current issues in the courts;

(iii) expectations when dealing with the public in the courts; and

(iv) effective communication skills for court employees.

IX. STANDARDS FOR APPELLATE COURT ADMINISTRATIVE ASSISTANTS

1. Program Requirements

All Appellate Court Administrative Assistants shall complete 8 hours of JBE on an annual basis, which shall include 1 hour of ethics education.

2. Curriculum Standards

(a) Appellate Court Administrative Assistants shall be invited to the new employee orientation as conducted by JBE.

(b) The Administrative Assistant, in conjunction with the assistant's judge(s), can determine appropriate education by a review of the catalogue of courses and education opportunities posted on the JBE website.

X. STANDARDS FOR EMPLOYEES OF THE OFFICE OF THE REPORTER OF DECISIONS

1. Program Requirements

Any attorney employed in the Office of the Reporter of Decisions who is maintaining an active law license is exempt from Mandatory Continuing Legal Education (MCLE) for Lawyers but shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. All other employees shall complete a minimum of 8 hours of JBE approved course work each year, which shall include 1 hour of ethics education.

2. Curriculum Standards

(a) Court-related education should address the areas of proficiency, competency, and performance.

(b) Court-related education and training programs should impart knowledge and understanding of the Nebraska judiciary and the legal process and increase the participant's understanding of the responsibilities of the position and its impact on the judicial process.

(i) Ongoing education on an annual basis as offered by JBE; and

(ii) Online learning opportunities offered by JBE.

3. Orientation

As soon as practicable after hiring, orientation shall include, as a minimum:

(a) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(b) An overview of:

(i) the Nebraska judiciary, including the structure and function of each court;

(ii) current issues in the courts;

(iii) expectations when dealing with the courts; and

(iv) effective communication skills for court employees.

XI. STANDARDS FOR EMPLOYEES OF THE OFFICE OF THE SUPREME COURT CLERK AND STATE LIBRARY

1. Program Requirements

Any attorney employed in the Supreme Court Clerk's Office or and Nebraska State Library who is maintaining an active law license is exempt from Mandatory Continuing Legal Education (MCLE) for Lawyers but shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. All other employees shall complete a minimum of 8 hours of JBE approved course work each year, which shall include 1 hour of ethics education.

2. Curriculum Standards

(a) Court-related education should address the areas of proficiency, competency, and performance.

(i) Ongoing education on an annual basis as offered by JBE;

(ii) Online learning opportunities offered by JBE;

(iii) JBE Approved programs offered by non-JBE vendors.

d. (d) Ongoing education shall be determined through a needs assessment completed by JBE in consultation with the Supreme Court Clerk. Ongoing education shall be offered in a variety of formats, including online learning.

3. Orientation:

As soon as practicable after hiring, new employee orientation shall include, as a minimum:

(a) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(b) An overview of:

(i) the Nebraska judiciary, including the structure and function of each court;

(ii) current issues in the courts;

(iii) expectations when dealing with the public in the courts; and

(iv) effective communication skills for court employees.

XII. DISTRICT COURT STANDARDS

1. STANDARDS FOR CLERKS OF THE DISTRICT COURT

(a) Program Requirements

All Clerks of the District Court shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. JUSTICE training is mandatory for all District Court Clerks and their employees as further outlined below.

(b) Curriculum Standards

(i) District Court Clerk's education should address the areas of proficiency, competency and current issues facing the District Courts.

(iii) Court-related education and training programs include:

a. Ongoing annual education as offered by JBE, including JUSTICE training;

b. JUSTICE training which must take place within the first 3 months of employment. The specific session that must be attended will be determined by JBE based on the duties likely to be assigned to the position and the need for comprehensive training. In the event the duties of the employee change, appropriate JUSTICE training must be completed no later than 3 months following the change in duties;

c. Ongoing JUSTICE training shall be completed as outlined by JBE;

d. Online learning opportunities offered by JBE; and

e. Education offered by the Clerks of the District Court Association and approved for credit by JBE.

(c) Orientation for Clerks of the District Court

Orientation shall take place as soon as practicable after election or appointment, and shall include, as a minimum:

(i) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(ii) An overview of:

a. the Nebraska judiciary, including the structure and function of each court;

b. case management and the JUSTICE system;

c. current issues in the courts;

d. expectations when dealing with the public in the courts; and

e. effective communication skills for court employees.

(d) New Clerk of the District Court Education Plan

Whenever possible, JBE shall consult with the new District Court Clerk within the first week of employment to develop an education plan that will assist the Clerk's employment transition. The plan shall utilize JUSTICE training resources, orientation, online learning, and other education resources to introduce the new Clerk to needed information. The plan shall be appropriate to address the skill and knowledge level of the new Clerk. JBE will work in conjunction with the Clerks of the District Court Education Committee to develop appropriate training for new District Court Clerks.

2. STANDARDS FOR EX-OFFICIO CLERKS OF THE DISTRICT COURT

(a) Program Requirements

All Ex-Officio Clerks of the District Court shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. JUSTICE training must be completed within the first 3 months of taking on the duties of the Clerk of the District Court.

(b) Curriculum Standards

(i) An Ex-Officio District Court Clerk's education should address the areas of proficiency, competency and current issues facing the District Courts.

(iii) Court-related education and training programs include:

a. Ongoing annual education as offered by JBE. This training may be accomplished by use of an online program addressing the responsibilities of the ex-officio as determined by JBE in consultation with the Ex-Officio Clerks; and

b. Education offered by the Clerks of the District Court Association and approved for credit by JBE.

(c) Orientation

Orientation shall take place as soon as practicable after election or appointment. Newly elected/appointed Ex-Officio Clerks shall work with JBE to determine orientation needs, which shall be similar in content to that developed for District Court Clerks. A program of orientation for Ex-Officio Clerks may be developed as a required online orientation.

3. STANDARDS FOR DISTRICT COURT ADMINISTRATORS

(a) Program Requirements

Any attorney employed as a District Court Administrator who is maintaining an active law license is exempt from the provisions of the Supreme Court Rule on Mandatory Continuing Legal Education (MCLE) but shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. All other District Court Administrators shall obtain a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education.

(b) Curriculum Standards

(i) District Court Administrator education should address the areas of proficiency, competency, and performance.

(iii) Court-related education and training programs include:

a. Ongoing education on an annual basis as offered by JBE; and

b. Online learning opportunities offered by JBE.

(c) Orientation

As soon as practicable after hiring, orientation for a new employee shall include, as a minimum:

(i) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(ii) An overview of:

a. the Nebraska judiciary, including the structure and function of each court;

b. current issues in the courts;

c. expectations when dealing with the public in the courts; and

d. effective communication skills for court employees.

(d) Program Planning

JBE shall work with the Clerks of the District Court Education Committee to define needed education and design appropriate programming.

4. STANDARDS FOR EMPLOYEES OF THE DISTRICT COURT

(a) Program Requirements

All other employees of the District Court shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. JUSTICE education is mandatory for all employees of the District Court as outlined below.

(b) Curriculum Standards

(i) The employee's education should address the areas of proficiency, competency, and current issues facing the District Courts.

(iii) Court-related education and training programs include:

a. Ongoing annual education as offered by JBE. This training may be accomplished by use of an online program as determined by JBE in consultation with the Clerks of the District Court; and

b. JUSTICE training must take place within the first 3 months of employment. The specific session that must be attended will be determined by JBE based on the duties likely to be assigned to the position and the need for comprehensive training. In the event the duties of the employee change, appropriate JUSTICE training must be completed no later than 3 months following the change in duties. Ongoing JUSTICE training shall be completed as outlined by JBE. Live JUSTICE training will be offered by JBE on a regular basis.

(c) Orientation

As soon as practicable after hiring, new employee orientation shall include, as a minimum:

(i) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(ii) An overview of:

a. the Nebraska judiciary, including the structure and function of each court;

b. current issues in the courts;

c. expectations when dealing with the public in the courts; and

d. effective communication skills for court employees.

(d) Program Planning

JBE shall work with the District Court Judges' Education Committee and individual judges where appropriate to define needed education and design appropriate programming for court employees.

5. STANDARDS FOR DISTRICT COURT BAILIFFS

(a) Program Requirements

All bailiffs shall obtain a minimum of 8 hours of approved course work each year as provided by JBE, which shall include a jury management course, and 1 hour of ethics education. Bailiffs who serve on an as-needed only basis to provide oversight of juries must take the course on jury management offered by JBE.

(b) Curriculum Standards

(i) Bailiff education should address the areas of proficiency, competency, and performance.

(ii) Bailiff training programs should impart knowledge and understanding of the Nebraska judiciary and the legal process and increase the participant's understanding of the responsibilities of the position and its impact on the judicial process. Programming shall be offered on topics including jury management, diversity, and dealing with self-represented litigants.

(iii) Court-related education and training programs include:

a. Ongoing education on an annual basis as offered by JBE; and

b. Online learning opportunities offered by JBE.

(c) Orientation

Orientation for a new bailiff shall take place as soon as practicable.

(d) Program Planning

JBE shall work with the District Court Judges' Education Committee and individual judges where appropriate to define needed education and design appropriate programming for court bailiffs.

XIII. COUNTY COURT STANDARDS

1. STANDARDS FOR CLERK MAGISTRATES, DUAL CLERK MAGISTRATES, AND COUNTY COURT ADMINISTRATORS

(a) Program Requirements

Clerk Magistrates, Dual Clerk Magistrates, and County Court Administrators shall receive orientation and shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. Participation in orientation and JUSTICE education are mandatory, as further detailed in the curriculum standards below.

(b) Curriculum Standards

(i) Court-related education should address the areas of proficiency, competency, and performance.

(ii) Court-related education and training programs should impart knowledge and understanding of the Nebraska judiciary and the legal process and increase the participant's understanding of the responsibilities of the position and its impact on the judicial process and litigants.

(iii) Court-related education and training programs include:

a. JUSTICE case management training which must take place within the first 3 months of employment. Successful completion of JUSTICE training is required to be completed during the provisional employment period.

b. Ongoing JUSTICE training shall be completed as outlined by JBE;

c. Attendance at local and regional seminars;

d. Advanced and specialized programs, if available and appropriate; and

e. Webinars and distance learning opportunities.

(c) Education Plan

Whenever possible, JBE shall consult with a new employee within the first week of employment to develop an education plan that will assist with the transition into the duties of the position. The plan shall utilize JUSTICE training, orientation, the mentoring program, online learning and other education resources. The plan shall be appropriate to address the skill and knowledge level of the new clerk magistrate.

(d) Orientation

(i) Orientation approved by JBE shall take place within 6 months of hiring.

(ii) Orientation shall include education regarding the Nebraska judiciary, including the structure and function of each court; current issues in the courts, including jury management (if applicable), dealing with self-represented litigants, ethics, expectations when dealing with the public in the courts, effective communication skills, and diversity issues.

(iii) In addition to the orientation conducted by JBE, courtroom clerks shall also attend an additional 4 hours of education taught or approved by JBE covering specific responsibilities and duties of the courtroom clerk, and if applicable, education covering responsibilities and duties of digital court reporting.

(e) Mentoring

A mentor shall be assigned within the first 14 days of employment. The mentor shall be assigned by JBE through consultation with the Clerk Magistrate Association orientation committee. JBE shall monitor the mentoring process through a system designed to elicit feedback from both mentor and protégé regarding the progress of the mentoring process. The process shall include visits by the mentor to the protégé's court and by the protégé to the mentor's court whenever possible.

2. STANDARDS FOR EMPLOYEES OF THE COUNTY COURT

(a) Program Requirements

All other County Court employees shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. Participation in orientation and JUSTICE education are mandatory for all County Court employees as further detailed in the curriculum standards below.

(b) Curriculum Standards

(i) Court-related education should address the areas of proficiency, competency, and performance.

(iii) Court-related education and training programs include:

a. JUSTICE case management training which must take place within the first 3 months of employment. The specific session that must be attended will be determined by JBE based on the duties likely to be assigned to the position and the need for comprehensive training. Successful completion of JUSTICE training is required to be completed during the provisional employment period. In the event the duties of the employee change, appropriate JUSTICE training must be completed no later than 3 months following the change in duties

b. Ongoing JUSTICE training shall be completed as outlined by JBE;

c. Ongoing education on an annual basis as offered by JBE; and

d. Online learning opportunities offered by JBE.

(c) Orientation

(i) Orientation approved by JBE shall take place within 6 months of hiring.

(d) Program Planning

Ongoing education shall be offered by JBE. Content shall be determined through an annual needs assessment completed by JBE in consultation with the Clerk Magistrate Education Committee and AOCP. Ongoing education shall be offered in a variety of formats including online learning.

XIV. SEPARATE JUVENILE COURT STANDARDS

1. STANDARDS FOR SEPARATE JUVENILE COURT ADMINISTRATORS

(a) Program Requirements

Any attorney employed as a Separate Juvenile Court Administrator who is maintaining an active law license is exempt from the provisions of the Supreme Court Rule on Mandatory Continuing Legal Education (MCLE) but shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. Other Juvenile Court Administrators shall obtain a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education.

(b) Curriculum Standards

(i) Juvenile Court Administrator education should address the areas of proficiency, competency, and performance.

(iii) Court-related education and training programs include:

a. Orientation as soon as practicable after hiring or appointment;

b. Ongoing education on an annual basis as offered by JBE; and

c. Online learning opportunities offered by JBE.

(c) Orientation

As soon as practicable after hiring, orientation for a new employee shall include, as a minimum:

(i) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(ii) An overview of:

a. the Nebraska judiciary, including the structure and function of each court;

b. current issues in the courts;

c. expectations when dealing with the public in the courts; and

d. effective communication skills for court employees.

(d) Program Planning

JBE shall work with the Juvenile Court Judges' Education committee and individual judges where appropriate to define needed education and design appropriate programming.

2. STANDARDS FOR EMPLOYEES OF THE SEPARATE JUVENILE COURT

(a) Program Requirements

All other employees of the Separate Juvenile Court shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education.

(b) Curriculum Standards

(i) The employee's education should address the areas of proficiency, competency, and current issues facing the Juvenile Courts.

(iii) Court-related education and training programs include:

a. Ongoing annual education as offered by JBE. This training may be accomplished by use of an online program that addresses the responsibilities of the employees as determined by JBE in consultation with the Court Administrator.

(c) Orientation

Orientation for employees shall take place as soon as practicable and shall include, as a minimum:

(i) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(ii) An overview of:

a. the Nebraska judiciary, including the structure and function of each court;

b. current issues in the courts;

c. expectations when dealing with the public in the courts; and

d. effective communication skills for court employees.

3. STANDARDS FOR SEPARATE JUVENILE COURT BAILIFFS

(a) Program Requirements

All bailiffs shall obtain a minimum of 8 hours of approved course work each year as provided by JBE, which shall include 1 hour of ethics education.

(b) Curriculum Standards

(i) Bailiff education should address the areas of proficiency, competency, and performance.

(ii) Bailiff training programs should impart knowledge and understanding of the Nebraska judiciary and the legal process and increase the participant's understanding of the responsibilities of the position and its impact on the judicial process. Programming shall be offered on topics including diversity and dealing with self-represented litigants.

(iii) Court-related education and training programs include:

a. Ongoing annual education as offered by JBE.

b. Online learning opportunities offered by JBE.

(c) Orientation

Orientation for a new bailiff shall take place as soon as practicable.

(d) Program Planning

JBE shall work with the Separate Juvenile Court Judges' Education Committee and the Juvenile Court Administrator to define the needed education and design appropriate programming for court bailiffs.

XV. STANDARDS FOR EMPLOYEES OF THE WORKERS' COMPENSATION COURT

1. Program Requirements

All Workers' Compensation Court employees shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. Education shall be funded through the Workers' Compensation Court. Attorneys employed by the Workers' Compensation Court who are maintaining an active law license are exempt from the provisions of the Supreme Court Rule on Mandatory Continuing Legal Education (MCLE) but shall complete a minimum of 10 hours of education approved by JBE, including 2 hours of ethics education.

2. Curriculum Standards

(a) Court-related education should address the areas of proficiency, competency, and performance.

(b) Court-related education and training programs should impart knowledge and understanding of the Nebraska Workers' Compensation Court and the issues that face the court and shall be designed to increase the participant's understanding of the responsibilities of the position and its impact on the judicial process.

(i) Ongoing education on an annual basis as offered by JBE, including distance learning opportunities offered by JBE through online courses and webinars;

(ii) Education/training offered through the Workers' Compensation Court; and

(iii) National programs as approved by JBE.

3. Orientation

Orientation for new employees shall take place as soon as practicable and shall include, as a minimum:

(a) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(b) An overview of:

(i) the Nebraska judiciary, including the structure and function of each court;

(ii) current issues in the courts;

(iii) expectations when dealing with the public in the courts; and

(iv) effective communication skills for court employees.

4. Program Planning

Ongoing education for court employees shall be offered by JBE. Content shall be determined through a needs assessment completed by JBE in consultation with the Nebraska Workers' Compensation Court judges and court administrator. Ongoing education shall be offered in a variety of formats including online learning.

XVI. STANDARDS FOR COURT REPORTING PERSONNEL

1. Program Requirements

All Court Reporting Personnel shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. Court Reporting Personnel includes official court reporters, courtroom clerks, and other court personnel who make, preserve, transcribe, and deliver the record of any trial or proceeding. See Neb. Ct. R. § 1-204.

2. Curriculum Standards

(a) Stenographic and digital court reporter and courtroom clerk education should address the areas of proficiency, competency, and current issues facing the courts.

(b) County court courtroom clerk education should address the areas of proficiency, competency, and current issues facing them in the County Courts. This standard also applies to any county court personnel who serves as Court Reporting Personnel as described above.

(c) Court-related education and training programs should impart knowledge and understanding of the Nebraska judiciary and the legal process and increase the participant's understanding of the responsibilities of the position and its impact on the judicial process.

(d) Court-related education and training programs shall include:

(i) Ongoing annual education as offered by JBE.

(ii) Online learning opportunities offered by JBE.

(iii) Education offered by the Nebraska Court Reporters Association or other organizations offering education on making and preserving the record and approved for credit by JBE.

3. Orientation

(a) All Court Reporting Personnel as defined by Neb. Ct. R. § 1-204(A)(1) shall attend the orientation conducted by JBE and receive education regarding the Nebraska judiciary, including the structure and function of each court; current issues in the courts, including jury management (if applicable), dealing with self-represented litigants, ethics, and diversity issues.

(b) Orientation should be completed within 6 months of hiring.

(c) In addition to the Court Reporting Personnel orientation conducted by JBE, Stenographic Court Reporters shall also attend an additional 4 hours of education taught or approved by JBE covering specific responsibilities and duties of the stenographic court reporter.

(d) In addition to the orientation conducted by JBE, Digital Court Reporters shall also attend an additional 4 hours of education taught or approved by JBE covering specific responsibilities and duties of the digital court reporter.

(e) In addition to the orientation conducted by JBE, courtroom clerks shall also attend an additional 4 hours of education taught or approved by JBE covering specific responsibilities and duties of the courtroom clerk. This standard also applies to any County Court personnel who serve as Court Reporting Personnel as described above.

XVII. STANDARDS FOR EMPLOYEES OF THE OFFICE OF COUNSEL FOR DISCIPLINE

1. Program Requirements

Any attorney employed in the Office of Counsel for Discipline who is maintaining an active law license is exempt from the provisions of the Supreme Court Rule on Mandatory Continuing Legal Education (MCLE) but shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education. All other employees shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. Education shall be funded through the budget of the Office of Counsel for Discipline.

2. Curriculum Standards

(a) Court-related education should address the areas of proficiency, competency, and performance.

(b) Court-related education and training programs should impart knowledge and understanding of the courts and the issues impacting the work of the Counsel for Discipline. Educational requirements shall be designed to increase the participant's understanding of the responsibilities of the position and its impact on the judicial process.

(i) Ongoing education on an annual basis as offered by JBE;

(ii) Online learning opportunities offered by JBE; and

(iii) National and in-state programs addressing issues specific to the Office of the Counsel for Discipline.

3. Orientation

Orientation for new employees shall take place as soon as practicable and shall include, as a minimum:

(a) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(b) An overview of:

(i) the Nebraska judiciary, including the structure and function of each court;

(ii) current issues in the courts;

(iii) expectations when dealing with the public in the courts; and effective communication skills.

4. Program Planning

Ongoing education shall be offered by JBE. Content shall be determined through a needs assessment completed by JBE in conjunction with the Counsel for Discipline. Ongoing education shall be offered in a variety of formats including online learning.

XVIII. STANDARDS FOR PROBATION EMPLOYEES

1. Program Requirements

All Probation employees shall obtain a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. All Probation employees will receive a standardized on-the-job orientation curriculum specific to their job duties, facilitated by their supervisor and/or appointed mentor in their office of employment. All new employees will be required to attend the appropriate level of new employee training provided by the Administrative Office of Probation.

2. Curriculum Standards for New Probation Employees

(a) All new employees will receive training on Evidence-Based Practice and Motivational Interviewing. In addition, new support staff and Drug Technicians will be provided additional job-related core training which may include but is not limited to office safety and the Probation System's client management information system.

(b) Probation Officer Trainees, Assistant Probation Officers, and Case Monitors are required to attend 4 core weeks of training to include more comprehensive education in Evidence-Based Practice, Motivational Interviewing, Assessment Tools, Cognitive Behavior Approaches, Case Planning, Pre-Sentence and Pre-Disposition Documents/Policies, the Standardized Model for the Delivery of Substance Abuse Services, Officer Safety and other specialized topics as deemed necessary.

(c) Probation Officer Trainees who have specialized caseloads that include juvenile and/or CBI (high risk to re-offend) clients will attend 2 additional weeks on topics specific to these specialized case types.

(d) Curriculum is presented in a variety of methods to best meet the learning styles of the participants and impart the skill development necessary to be proficient.

3. Standards for Probation Employees' Continuing Education

(a) Support staff and Drug Technicians shall have a minimum of 8 hours of continuing professional education a year.

(b) Case Monitors and Assistant Probation Officers shall have a minimum of 12 hours of continuing education a year.

Probation Officers shall have a minimum of 24 hours of continuing education a year, 8 hours of which shall be in the field of substance abuse and 8 hours of officer safety training.

(d) Community Based Intervention (CBI) Officers shall have a minimum 32 hours with:

(i) Non-Specialized CBI Officers having 12 hours in the field of substance abuse, 8 hours in the field of behavioral health, 4 hours in the field of sex offender management, 4 hours in the field of domestic violence offender management; and

(ii) Specialized CBI Officers shall have 40% of the 32 hours in their area of specialization, 16 hours in the field of substance abuse.

(e) Management staff (includes Reporting Center and Problem-Solving Court Coordinators): 32 hours, with 8 hours being specifically related to management topics, i.e., Training for Trainers for Management.

(f) Continuing education curriculum must be offered by the Administrative Office of Probation and/or approved in advance by JBE.

4. Standards for Probation Administrative Staff

Probation Administrative staff shall have a minimum of 24 hours of continuing education the first year, with 8 hours being specific to management topics. After the first year, Probation Administrative staff shall have a minimum of 8 hours each year.

5. Standards for Probation Training Staff

(a) Employees interested in becoming staff trainers must be recommended by their supervisor and approved by Probation's Administrative Office prior to applying to JBE for acceptance into the Foundation Skills for Trainers 40-hour course. Upon successful completion of the course, the staff member will work with the Probation Education Manager to begin training topics appropriate to the skill level of the staff member and approved by the Probation Education Manager.

(b) Upon completion of the Foundation Skills course, trainers are expected to attend the Curriculum Design and Development 40-hour course during the next available offering of the course. This is also an application process.

(c) When possible, the Administrative Office will provide additional training opportunities for staff trainers to improve their training skills.

XIX. STANDARDS FOR EMPLOYEES OF THE ADMINISTRATIVE OFFICE OF THE COURTS AND PROBATION (AOCP) NOT OTHERWISE LISTED

1. Program Requirements

Employees of the AOCP, if not otherwise listed in these standards, shall complete a minimum of 8 hours of approved course work each year, which shall include 1 hour of ethics education. Any attorney employed by the AOCP who is maintaining an active law license is exempt from the provisions of the Supreme Court Rule on Mandatory Continuing Legal Education (MCLE) but shall complete a minimum of 10 hours of JBE each year, which shall include 2 hours of ethics education.

2. Curriculum Standards

(a) Court-related education should address the areas of proficiency, competency, and performance.

(i) Ongoing education on an annual basis as offered by JBE; and

(ii) Online learning opportunities offered by JBE.

3. Orientation

Orientation shall take place as soon as practicable for all employees and shall include, as a minimum:

(a) An explanation of the specific responsibilities of the office and familiarization with court structure and procedures; and

(b) An overview of:

(i) the Nebraska judiciary, including the structure and function of each court;

(ii) current issues in the courts;

(iii) expectations when dealing with the public as a representative of the courts; and

(iv) effective communication skills for employees.

4. Program Planning

Ongoing education for all employees shall be offered by JBE. Content shall be determined through consultation with department heads and the use of needs assessments completed by JBE in consultation with the AOCP education committees. Ongoing education shall be offered in a variety of formats including online learning.

XX. STANDARDS FOR PROBLEM-SOLVING COURTS

Standards for Problem-Solving Courts are separately maintained. See Neb. Ct. R. § 6-1201 et seq.

XXI. CONTINUING EDUCATION - PAYMENT

Judges and staff may attend a combination of JBE-approved local, regional, or national programs. Upon application for funding from the judge or staff member, JBE, in coordination with the AOCP, will determine whether financial assistance is available to assist in payment for expenses for such programs.

XXII. COMPLIANCE WITH JBE REQUIREMENTS

JBE shall do an annual review of compliance with the JBE requirements. In the event of an employee's noncompliance, a corrective plan should be developed by JBE working in conjunction with the employee's supervisor to cure the noncompliance. In the event of repeat instances of noncompliance by an employee, disciplinary steps may be followed. See Neb. Ct. R. § 1-507(C).

In the case of a judge's noncompliance with JBE requirements, a corrective plan shall be proposed by JBE with details to be worked out between the judge and JBE. In the case of repeat instances of a judge's noncompliance, referral to the Judicial Qualifications Commission may occur. See Neb. Ct. R. § 1-507(B).

Neb. Sup. Ct. R. A

Neb. Ct. R. Ch. 1, Art. 5, Appendix A adopted April 10, 2013; amended October 30, 2013; amended November 22, 2017; amended September 15, 2021, effective 9/15/2021; amended September 14, 2022, effective 9/14/2022; amended December 18, 2024, effective 1/1/2025.