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April 8, 2020

IN THE SEPARATE JUVENILE COURT FOR DOUGLAS COUNTY, NEBRASKA

ADMINISTRATIVE ORDER OF THE PRESIDING JUDGE OF DOUGLAS COUNTY,

NEBRASKA

EFFECTIVE APRIL 8, 2020 UNTIL FURTHER ORDER OF THIS COURT

IN RE: IN-COURT HEARINGS -- ORDER 2020-03

Pursuant to the United State District Court for the District of Nebraska's General Order No. 2020-07 and based on the recent developments of a positive COVID-19 case in the Douglas County Courthouse, and in compliance with health limitations instituted by the directives of the President of the United States, the directives of the Chief Justice of the Nebraska Supreme Court, the Governor of Nebraska, the Mayor of Omaha, and the undersigned Judge, the Separate Juvenile Court of Douglas County, Nebraska is temporarily suspending all in-Court hearings until further Order of this Court.


JUVENILE COURT HEARINGS

IT IS THEREFORE ORDERED:

  1. Effective immediately, the Separate Juvenile Court of Douglas County, Nebraska is temporarily suspending all in-Court hearings until further Order of this Court.
  2. Pursuant to Neb. Rev. Stat. §§24-734 (3)(4), 43-278, the Court will continue to hold hearings via remote means. This shall be by way of telephonic conferencing or video conferencing.
  3. If any party objects to the use of remote means, they must file any specific objections in a timely manner so that the Court may address any objections at the beginning of the hearing.
  4. If a proper objection is made and sustained, the Court may continue the matter past the effective date of this Administrative Order and set it for an in-Court hearing.

Dated this 8th day of April 2020.

BY THE COURT:
_____________________________________
Chad M. Brown
Presiding Judge, Douglas County Juvenile Court 

 


 

March 31, 2020

IN THE SEPARATE JUVENILE COURT FOR DOUGLAS COUNTY, NEBRASKA

ADMINISTRATIVE ORDER OF THE PRESIDING JUDGE OF DOUGLAS COUNTY, NEBRASKA

EFFECTIVE MARCH 31, 2020 THROUGH APRIL 10, 2020

IN RE: IN-COURT HEARINGS – ORDER 2020-02

Pursuant to the United States District Court for the District of Nebraska’s General Order No. 2020-07 and based on the recent developments of a positive COVID-19 case in the Douglas County Courthouse, and in compliance with health limitations instituted by the directives of the President of the United States, the directives of the Chief Justice of the Nebraska Supreme Court, the Governor of Nebraska, the Mayor of Omaha, and the undersigned Judge, the Separate Juvenile Court of Douglas County, Nebraska is temporarily suspending all in-Court hearings through April 10, 2020.

JUVENILE COURT HEARINGS

IT IS THEREFORE ORDERED:

  1. Effective immediately, the Separate Juvenile Court of Douglas County, Nebraska is temporarily suspending all in-Court hearings through April 10, 2020.
  2. Pursuant to Neb. Rev. Stat. §§24-734 (3)(4), 43-278, the Court will continue to hold hearings through the use of technology. Through the use of technology includes by way of telephonic conferencing or video conferencing.
  3. If any party objects to the hearing occurring through the use of technology, they must file any specific objections in a timely manner so that the Court may address any objections at the beginning of the hearing.
  4. If a proper objection is made and sustained, the Court may continue the matter past the effective date of this Administrative Order and set it for an in-Court hearing.

    Dated this 31st day of March 2020.

    BY THE COURT:
    _____________________________________
    Chad M. Brown
    Presiding Judge, Douglas County Juvenile Court

 


 

March 25, 2020

IN THE SEPARATE JUVENILE COURT FOR DOUGLAS COUNTY, NEBRASKA

ADMINISTRATIVE ORDER OF THE PRESIDING JUDGE OF DOUGLAS COUNTY, NEBRASKA

EFFECTIVE MARCH 25, 2020

IN RE: TRANSPORT OF PERSONS FROM THE DOUGLAS COUNTY YOUTH CENTER

IN RE: TRANSPORT OF PERSONS FROM DOUGLAS COUNTY CORRECTIONS

In conjunction with the Administrative Order of the Chief Justice of the Nebraska Supreme Court issued on March 12, 2020, and attached hereto:

https://supremecourt.nebraska.gov/sites/default/files/Administration/emergency/order3.12.20.pdf

all transportation of Youth from the Douglas County Youth Center (hereinafter DCYC) or Party from Douglas County Corrections (hereinafter DCC) shall be suspended as specifically set forth herein. This Order shall become effective for all matters on March 25, 2020 until further order of the Court.

TRANSPORT OF PERSONS FROM THE DOUGLAS COUNTY YOUTH CENTER
IT IS THEREFORE ORDERED:

  1. Any Youth being held in the DCYC who is showing symptoms of COVID-19 or has been quarantined by order of the Centers for Disease Control and Prevention or other foreign or domestic public health office shall not be allowed to appear in Court without prior permission of the Court;

  2. Any Youth scheduled for a detention hearing or a detention review hearing shall be transported from the DCYC unless such person has been showing symptoms of COVID-19 or quarantined by order of the Centers for Disease Control and Prevention or other foreign or domestic public health office.

  3. Any Youth who has a hearing, other than a detention hearing or detention review hearing shall be excused from appearing personally before the Court if in the custody of the DCYC. If the Youth or their counsel is requesting for the Youth to appear in person for the scheduled hearing, Counsel for the Youth shall contact the Bailiff of the assigned Court, via email, and make such request 2 business days before the hearing.

  4. For any hearing other than a detention hearing or a detention review hearing, the Court will allow the Youth to appear remotely (teleconference or video conference, if available). Counsel for the Youth shall take the necessary steps to notify DCYC of the need for the Youth to appear remotely. ***Notice should be sent to DCYC at: This email address is being protected from spambots. You need JavaScript enabled to view it.


TRANSPORT OF PERSONS FROM DOUGLAS COUNTY CORRECTIONS
IT IS THEREFORE ORDERED:

  1. Any Party being held in DCC who is showing symptoms of COVID-19 or has been quarantined by order of the Centers for Disease Control and Prevention or other foreign or domestic public health office shall not be allowed to appear in Court without prior permission of the Court;

  2. Any Party scheduled for a first appearance and/or protective custody hearing shall be transported from DCC unless such person has been showing symptoms of COVID-19 or quarantined by order of the Centers for Disease Control and Prevention or other foreign or domestic public health office.

  3. Any Party who has a hearing, other than a first appearance and/or protective custody hearing shall be excused from appearing personally before the Court if in the custody of DCC. If the Party or their counsel is requesting for the Party to appear in person for the scheduled hearing, Counsel for the Party shall contact the Bailiff of the assigned Court, via email, and make such request 2 business days before the hearing.

  4. For any hearing other than a first appearance and/or protective custody hearing, the Court will allow the Party to appear remotely (teleconference or video conference, if available). Counsel for the Party shall take the necessary steps to notify DCC of the need for the Party to appear remotely.

    IT IS FURTHER ORDERED.
    Dated this 25th day of March, 2020.

    BY THE COURT:
    _____________________________________
    Chad M. Brown
    Presiding Judge, Douglas County Juvenile Court



 

March 17, 2020

On behalf of the Separate Juvenile Court of Douglas County, we want to make all of you aware of some procedural changes that will be effective immediately. These temporary changes are enacted in the interests of reducing courthouse traffic and keeping everyone as safe as possible during the Coronavirus/COVID-19 pandemic. Please remember that while individual judges have the discretion to continue/adjust hearings in their courtrooms, only the Chief Justice of the Nebraska Supreme Court has the authority to declare “non-judicial days”. However, all are encouraged to take the necessary measures to keep our community safe.

Please note that judges may choose to conduct hearings remotely (telephonic or video conferencing) at any time.

1. Essential Hearings. In-person court appearances for counsel and clients will only be allowed for "essential" hearings in juvenile court. The following types of hearings shall fall within the definition of "essential":

• Protective custody
• Detention
• Adjudication
• Motion to Revoke (unless stipulations are reached prior to the hearing)
• Contested Motion to commit to the YRTC
• Ex Parte Motions
• Pleas/Admissions

2. All Other Hearings. All other types of hearings (including, but not limited to, review and disposition hearings) shall not be considered "essential," and will be handled in one of the following two methods.

a. Telephonic hearings: each judge has a dedicated conference call line that may be utilized by attorneys, case professionals, parents, and children to participate in hearings. Please call the number below and use the conference ID number associated with the assigned judge at the scheduled time for each hearing. These conference ID numbers may be provided to clients for their participation as well. Parties shall submit any proposed exhibits to the court at least five (5) business days prior to the scheduled hearing. The court shall review the marking and offering of exhibits with the legal parties during each telephonic hearing. The conference number for all courtrooms is 712-432-3900.
The conference ID numbers are as follows:

Courtroom 1: Conference ID: 891435#
Courtroom 2: Conference ID: 287918#
Courtroom 3: Conference ID: 606620#
Courtroom 4: Conference ID: 339393#
Courtroom 5: Conference ID: 552449#
Courtroom 6: Conference ID: 518905#

b. Email: Certain hearings (including, but not limited to, pre-trials and check hearings) may be resolved via email between the parties and the bailiffs for the assigned courtroom.

3. Arraignments. All six courtrooms will now accept written denials for arraignments. Please see the template here.

4. Detention Waivers. All six courtrooms will accept detention waivers signed by counsel for the minor child. These waivers apply in cases where a child has been detained and then released by probation intake to an alternative to detention, including the H.O.M.E. program. The appearance of the minor child at court will not be necessary. Please see the template here.

5. Other General Procedures:

a. Attendance in Juvenile Court. Effective immediately, access to the Juvenile Court area will be limited to parties, legal counsel, assigned agencies (HHS, St. Francis, Probation, Casa, FCRO) and Courthouse staff. Any non-parties must receive permission from the court, prior to the hearing, prior to entry to the Juvenile Court area. This includes access to the Juvenile Court waiting area.

b. Waiver of party’s appearance. Any legal party may waive their client’s physical appearance unless this is contradictory to Court Order, or Statutory requirement. The Court will give great latitude to the waiver of appearance in light of the current emergency conditions. Should attendance be required by any legal party, the Court would entertain a request for a brief continuance.

c. Exhibits. The exhibits shall be submitted to the court, in compliance with the local rules (at least five (5) business days prior to the hearing). The offering party or agency shall attempt to supply hard copies of the proposed exhibits. In the event that the delivery of hard copies is untenable, then the party/agency shall supply the exhibits by email to the designated persons below. The exhibits submitted electronically must be relevant exhibits, mindful of cost and resources during this pandemic. Any supplied exhibits (either hard copies or electronically) shall be clearly separated to allow the court reporter to easily apply exhibit numbers to the proposed exhibits.

Courtroom 1: Judge and Court Reporter
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Courtroom 2: Judge, Bailiff, and Court Reporter
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Courtroom 3: Judge and Court Reporter
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Courtroom 4: Judge, Bailiff, and Court Reporter
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Courtroom 5: Judge and Court Reporter
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Courtroom 6: Judge and Court Reporter
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March 16, 2020

Please be advised that in the event of a complete closure of the Douglas County Courthouse, the Separate Juvenile Court of Douglas County is working on a plan to continue to hold necessary hearings. In this case, we would hold hearings telephonically (via Neb. Rev. Stat. 43-278). The Juvenile Court has conference lines for each courtroom that it will post on its website in the near future. The Court is working on the ability to maintain a record of the hearing and to provide additional hearings if requested. In the event of a closure of the Douglas County Courthouse, we would ask that you check the Douglas County Juvenile Court website (found below) for updates and procedures. At this time, the Douglas County Courthouse remains open, but we are mindful of the very fluid reality occurring in our community and want to be proactive. We appreciate your patience and cooperation in this matter.

Douglas County Juvenile Court website:
https://juvenile.dc4dc.com

Chad Brown, Presiding Judge
Raymond Curtis, Juvenile Court Administrator