Bill Summary – FastDemocracy

LB236                                                                      LB236
                                                                      2023
                               LEGISLATURE OF NEBRASKA
                          ONE HUNDRED EIGHTH LEGISLATURE
                                   FIRST SESSION
                       LEGISLATIVE BILL 236
        Introduced by Wayne, 13.
        Read first time January 10, 2023
        Committee: Judiciary
    A BILL FOR AN ACT relating to courts; to provide appointment and powers
        of problem-solving court judicial officers; and to create a problem-
        solving court pilot project.
    Be it enacted by the people of the State of Nebraska,
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LB236                                                                                                 LB236
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        Section 1.          (1) The Supreme Court may appoint problem-solving court
   judicial officers as needed to serve on a full-time or part-time basis in
   all problem-solving courts and may assign such judicial officers to such
   locations as the Supreme Court shall determine. A problem-solving court
    judicial officer is entitled to receive a salary as established by the
    Supreme Court.
       (2) In accordance with the rules of the Supreme Court, a problem-
   solving court judicial officer may:
       (a) Preside in and hear any case or proceeding within a problem-
   solving court program;
       (b)     Perform any act necessary and proper for the efficient
   administration, operation, and performance of the problem-solving court,
    except the imposition of custodial sanctions or the termination of a
    participant from the problem-solving court program; and
        (c)     Make recommendations concerning custodial sanctions and the
    termination of a participant from a problem-solving court program.
        (3)     To be    qualified for appointment as   a problem-solving court
   judicial officer, a person shall be an attorney in good standing admitted
    to the practice of law in the State of Nebraska for at least five years
    and shall meet any other requirements imposed by the Supreme Court. A
   problem-solving court judicial officer shall be sworn or affirmed to
   faithfully hear and examine the cause and to make a just and true report
    according to    the best of    the officer's understanding.      The oath or
    affirmation may be administered by any judge of the State of Nebraska. A
    problem-solving court judicial officer may be removed at any time by the
    Supreme Court.
        (4)     In all cases referred to   a problem-solving court judicial
   officer, the parties shall have the right to take exceptions to the
   findings and recommendations made by the problem-solving court judicial
   officer and to have a further hearing before the district court for final
   disposition. The court upon receipt of the findings, recommendations, and
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LB236                                                                                                 LB236
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   exceptions shall review the problem-solving court judicial officer's
    report and may accept or reject all or any part of the report and enter
    judgment based on the court's own determination.
        (5)      The Supreme Court shall promulgate rules for all other
    qualifications of problem-solving court judicial officers; for the extent
    of authority which may be assigned and the procedure for assignment of
    authority to a problem-solving court judicial officer; for practice and
    procedure before such problem-solving court judicial officers; and for
    the training of problem-solving court judicial officers, including rules
    for training sessions and continuing education requirements.
        (6) A problem-solving court judicial officer has the same judicial
    immunity as a judge of the district court.
        Sec. 2.        (1) On or before January 1, 2024, the Supreme Court shall
    create   a pilot project utilizing one or   more problem-solving court
    judicial officers as   provided in    section    1    of this act to      oversee
    problem-solving courts selected by the Supreme Court.
        (2)      The purpose of   the pilot project is    to determine if    such
    officers can effectively provide additional judicial resources for
    problem-solving courts.
        (3) The Supreme Court shall determine the locations of the pilot
    project sites. Such sites may be in multiple judicial districts.
        (4) The pilot project may include operating existing problem-solving
    courts, expanding existing problem-solving courts into new locations or
    into other types of problem-solving courts, and the establishment of new
    problem-solving courts.
        (5) Each judicial district in which the pilot project operates shall
    collect data as prescribed by the State Court Administrator to determine
    the effectiveness of the pilot project.
        (6) Each problem-solving court operated as a pilot project shall
    adhere to the existing rules and best practice standards applicable to
   the problem-solving court adopted by the Supreme Court and any additional
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LB236                                                                       LB236
                                                                       2023
   rules the Supreme Court may promulgate to implement the pilot project.
       (7) The pilot project shall terminate on or before December 31,
   2028.
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