Courts Make Amendments To Rules, Ask For Feedback

By 
Scott Stewart
The Daily Record

The Nebraska Judicial Branch has released several amendments to court rules in recent weeks.

Among the recent amendments:

• Neb. Ct. R. §§ 3-310, 3-401.23, and 3-803 (Attorneys and the Practice of Law) – adds new requirements regarding attorney reinstatement following disbarment or a suspension longer than eight months, including requiring a character and fitness evaluation.

• Neb. Ct. R. Chapter 6, Article 14, Appendix 11 (Personal and Financial Information for Guardianships and Conservatorships) – updates the required form asking for confidential personal and financial information for guardians and conservatorships.

• Neb. Ct. R. § 3-501.6 (Nebraska Rules of Professional Conduct) – adds “judge, law student, or prospective lawyer” to those covered by the confidentially rule regarding Nebraska Lawyers Assistance Program

• Neb. Ct. R. § 1-402 (Administrative Operations) – updates the contact for persons aggrieved by an action of the Nebraska Court System relating to a disability.

• District Court Rules of the Fourth Judicial District, Rule 4-3 (Domestic Relations Cases) – provides an exception to a rule for contempt matters taken without delay to the duty judge of the district court from a hearing before a child support referee.

• Neb. Ct. R. § 6-1906 (Trial Courts) – makes several changes to rules regarding electronic access to reports by prosecuting attorneys, defense counsel, the courts and juvenile’s counsel. 

Find more, including specific language related to each amendment, at bit.ly/2kQuAAD.

Additionally, the Nebraska Judicial Branch is soliciting feedback on proposed amendments to Neb. Ct. R. §§ 3-1002 to 3-1004, of the Unauthorized Practice of Law rules, and §§ 3-1201 to 3-1204 of the Registration of In-House Counsel rules. 

Among other changes, the amendments state that “nonlawyer” doesn’t include lawyers who are admitted to practice law in another jurisdiction but have not been admitted or otherwise authorized to practice law in Nebraska and make clear there are no exceptions for the requirement of registration as in-house counsel, including for attorneys who are not admitted in Nebraska.

Comments can be submitted by Oct. 31 to the Nebraska Supreme Court. Find more information on the proposal at bit.ly/2mgAAD0.

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