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LINCOLN - The Nebraska Judicial Resources Commission decided Friday that a judicial vacancy exists and should be filled after the retirement of Judge Douglas Luebe.
The decision came after more than three hours of public hearing testimony which included Laurel Attorney Alissa Baier, Cedar County Public Defender Nikki Brandt and Cedar County Sheriff Larry Koranda. A total of 27 others submitted letters for the commission’s hearing including from the Cedar County Board of Commissioners; Sen. Barry DeKay, Niobrara; Cedar County Attorney Nick Matney; Cedar County District Court Clerk Janet Wiechelman, and the Northeast Nebraska News Co. which includes the Randolph Times.
“We had a world record in the number of exhibits this time,” Commission Chairwoman Stephanie Stacy joked as the hearing began Friday.
Luebe retired June 2 from the county court bench of the Sixth Judicial District which includes Cedar, Dixon, Burt, Dakota, Dodge, Thurston and Washington counties. Typically, the commission reviews data on the district’s caseload with tools to determine if there’s too many judges staffed in areas that no longer warrant them. According to calculations, the Sixth Judicial District could be considered “over judged” and so a lengthy discussion ensued about potentially not replacing Luebe.
Chief Justice Michael Heavican suggested the commission table any action until another yet-to-be-formed committee discuss and consider potential re-districting or other solutions.
But Koranda urged the commission to look beyond the numbers. “All you hear is caseload, caseload, caseload. The numbers can be manipulated and interpreted differently depending on your needs,” he said.
He said some of the decrease in court case filings comes from the Cedar County Sheriff’s Office being short-staffed by two deputies for more than a year. Two Nebraska State Patrol officers also relocated out of the county.
Along with reduced staff, the COVID-19 pandemic also forced officers to take a more reactive instead of proactive approach for more than a year.
Judge Edward Matney pointed out several errors with caseload data. He also serves in the Sixth Judicial District and said when he fills in for other judges in other districts, oftentimes those cases aren’t attributed correctly.
Brandt and Baier talked about the hardships already experienced in just the few weeks since Luebe’s departure on the bench.
As guardian ad litem in 26 juvenile cases, having a child in a non-permanent residency for an extra two months before a court hearing can be scheduled is a tough pill to swallow, Baier said.
“Which hearing should I continue (have delayed) due to the lack of resources?” she asked. “Jam-packed court calendars like this are not sustainable. We don’t need three to six months (to table the vacancy decision) to determine it won’t work. It’s already not working.”
In his letter, Cedar County Attorney Nick Matney agreed, giving an example of a juvenile case hearing being set 90 days into the future. With a sitting judge, a typical case can be scheduled in 30 days.
“This is but one example of how children, arguably, the most vulnerable individuals in the judicial system, will have to deal with less access to the courts,” he said.
Many court hearings are required by statute to happen during a certain timeframe.
Some lawyers at Friday’s public hearing indicated they are being politely encouraged to have clients waive those rights in favor of a more accommodating timeframe for the court.
“If I have a criminal defendant arrested on June 21, the next court date is July 18. That’s problematic,” Brandt said. “I’m there for individuals who have one or more more liberties taken from them. It’s my job to make sure that doesn’t happen without due process.”
Lawyers and judges talked about the over-reliance on holding hearings through video conferencing. The technology is not fail proof, many of them testified Friday, and it still takes time to line up several schedules to accommodate a video hearing.
In a direct letter from the Dixon County Board of Supervisors, Chairperson Lisa Lunz said, “Citizens of Dixon County want an in-person judge and not feel like their issue is belittled by having a judge hear their case via Zoom.”
Even with the decision to fill the vacancy in the Sixth Judicial District, many commission members agreed they shouldn’t wait to address the larger need to reduce the number of judges in certain areas as well as expand problem-solving courts in the state.
The Judicial Nominating Commission will take over for the next steps in filling the vacancy.
