COVID-19:
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2020
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Page 1 of 10
Trial Courts
Recovery and Reconstitution Guidance
Business Continuity
The following Recovery and Reconstitution Guidance should be referenced based on the
current state of the pandemic. This guidance is intended to assist while being responsive to the
local trial courts and mindful of the health and safety of staff, litigants and the public.
Recovery from an epidemic/pandemic begins when a court along with the county partners
determines the situation has been adequately contained or controlled and the court has
adequate staff and resources to resume normal business functions.
To the best of our ability, the court must continue to provide Nebraskans with equal access to
the courts, equal ability to participate in court proceedings, and must ensure all parties are
treated in a fair and just manner.
Just as the local trial courts had to assess and evaluate how best to execute their mission
essential functions in implementing their Emergency Preparedness Plans (EPP), the local trial
courts need to assess and evaluate how best to resume normal business functions in such a
manner that ensures access to courts and also protects the health and safety of the judges,
court staff, litigants, parties and the public. Therefore, the trial courts will need to continue to
perform their mission essential functions while at the same time methodically and strategically
expanding those functions in a manner that reduces the likelihood the trial courts would need
to re-implement their respective EPP.
Plan and Prepare Before Resuming Business Functions
Before resuming modified and eventually normal business functions of the trial courts, judges,
clerks of the district court and clerk magistrates are strongly encouraged to:
1. Collaborate and communicate with each other in developing incremental processes and
strategies for resuming trial court services.
2. Coordinate with the local officials, including the county board, city council and, most
importantly, the local health officials so timely and accurate information can guide
incremental processes and strategies. For example, local conditions will influence the
decisions that public health officials will make regarding community-level strategies.
Each community is unique and appropriate mitigation strategies will vary based on
community transmission and the characteristics of the community and its population.
Page 2 of 10
Trial court’s incremental processes and strategies are best scaled up and down
depending on what is happening at the local level.
1
3. Reference the Centers for Disease Control and Prevention website often for the most
up-to-date information on how best to decrease the spread of COVID-19. At a minimum,
continue to maintain CDC recommended preventative actions in the courtroom and
court offices, including:
Stay home if you are sick, except to get medical care.
Inform your supervisor if you have a sick family member at home with COVID-19.
Wash your hands often with soap and water for at least 20 seconds.
Use hand sanitizer with at least 60% alcohol if soap and water are not available.
Place hand sanitizers in multiple locations to encourage hand hygiene.
Avoid touching your eyes, nose, and mouth with unwashed hands.
Cover your mouth and nose with a tissue when you cough or sneeze or use the
inside of your elbow. Throw used tissues in the trash and immediately wash
hands with soap and water for at least 20 seconds or use hand sanitizer
containing at least 60% alcohol.
Clean AND disinfect frequently touched objects and surfaces such as
workstations, keyboards, telephones, handrails, doorknobs, counters,
microphones, tables, and chairs/arms of chairs.
Provide disposable wipes so that commonly used surfaces can be wiped down by
judges, court staff, attorneys, litigants or others after touching or using.
Avoid using other employees’ phones, desks, offices, or other office supplies and
equipment, when possible. If necessary, clean and disinfect them before and
after use.
Provide tissues and no-touch disposal receptacles.
Practice social distancing maintain distance (approximately 6 feet) from others
Avoid having more than 10 individuals at any given time in a courtroom,
hallways, breakrooms/lunchrooms, and office. [This number may be modified
per CDC/local health department recommendation.]
Place signage that encourages social distancing and hand hygiene at the
entrance to courtroom and other workplace areas where they are likely to be
seen. [See Attachment A]
1
CDC website: Implementation of Mitigation Strategies for Communities with Local COVID-19 Transmissions
Page 3 of 10
Specific Considerations for Trial Courts
Legal:
Review any judicial order(s) and communication from the Nebraska Supreme Court
Review and/or modify any existing judicial orders of the local trial courts
Review state statutes and court rules (See Attachment B)
Consider impact of court sanctions (e.g., warrants, financial penalties, custodial
sanctions) on the courts, jails and probation
Case Management:
Review the Progression Standards Reports:
1. Non-closed cases exceeding progression
2. Non-closed cases within progression, but nearing the progression time
frame
3. Add/update Judges Notes on the reports to assist with planning and
scheduling
4. Take care of any outstanding data entry issues with the reports so the
court is only managing pending cases
Review Neb. Ct. R. § 6-1455, uniform waiver system, to determine if violations not listed
on the statewide schedule could be locally approved for waivers of appearance and
pleas of guilty. If previously adopted, continue this practice to assist in case
management during the recovery.
2
2
As part of their emergency preparedness plan, several county court districts have issued “administrative orders”
which establish set fines within the jurisdiction for offenses not included on waiver and fine schedule approved by
the Supreme Court for statewide use under 6-1455(C). Rule 6-1455(D) allows waivers for offenses not on the
schedule in "individual cases" when authorized by the county judge or judges, which seems to allow considerable
discretion.
Examples of offenses in these locally approved waivers have included: 1) First offense possession of less than one
ounce of marijuana where the judge determines that attending the substance abuse course required under Neb.
Rev. Stat. § 29-433 is not in the best interest of the defendant; 2) No proof of insurance when insurance has been
obtained; 3) Minor in possession, first offense; and 4) Driving under suspension when the license has been
reinstated.
Other judges have authorized waivers like these on a case-by-case basis. If the judge has not signed a blanket order
setting the fines, a judge should sign off on the waiver whenever possible. The clerk magistrate is not specifically
authorized to impose a penalty under Neb. Rev. Stat. § 24-519 for offenses not included on the Supreme Court
approved waiver schedule.
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Review the calendar to determine what adjustments can be made to better handle the
pending cases:
1. Evaluate pending cases to determine if scheduling modifications,
videoconferencing or telephonic hearings should continue as established
with the implementation of the EPP
2. Use block scheduling for certain types of cases (e.g., arraignments, civil,
criminal) to be heard by one judge using videoconferencing to
communicate the proceedings to several court rooms or handled by
several local judges at the same time in each of their respective
courtrooms to allow for optimum court attendance while maintaining
social distancing of litigants
3. Determine if specific dockets or case types could be efficiently and
effectively managed by a retired judge or a judge from another
county/judicial district either in person or remotely
Evaluate the process for time payments Can a person make a telephonic and/or
written request for an extension? Can staff grant a continuance? How many? When
would a person need to be before the judge?
Review cases that will require an interpreter(s) and coordinate scheduling with the
Statewide Language Access Coordinator and/or the local interpreter coordinators and
scheduler
Encourage self-represented litigants to submit a Registration of Email Address for Self-
Represented Litigant form (DC3:01) so all documents and notification may be emailed
(may also allow for increased ability to using videoconferencing)
Courtroom/Court Office Management:
Consider asking CDC directed COVID-19 health screening questions prior to parties,
attorneys or public entering the courtroom or posting signage with health expectations
for self-screening
Consider rearranging the courtroom or positioning the parties throughout the
courtroom to encourage social distancing
Consider continuing to use technology as a substitute for in-person hearings
Review the calendar to determine what adjustments can be made to better handle the
pending cases:
1. Group cases by attorney and/or firm, which may result in fewer people
being in the courtroom or allow for more efficient use of
videoconferencing/teleconferencing
Page 5 of 10
2. Use block scheduling for certain types of cases (e.g., arraignments, civil,
criminal) to be heard by one judge using videoconferencing or handled by
all of the judges at the same time in each of their respective courtrooms
3. If certain types of cases are going to be continued, then consider
scheduling them in time specific increments on the rescheduled court
date
4. Use multiple courtrooms or other meeting space and connect using
videoconferencing
Encourage attorneys to meet with clients offsite prior to coming to court
Discourage attorneys from using jury selection as an incentive for reaching a plea or
settlement agreement (e.g., encourage pre-trial conferencing)
Create a Google calendar or some other means that would allow individuals to schedule
an appointment to come to the courthouse to conduct business
Provide specific days and/or alternative times (e.g., evening hours, over lunch,
weekends) to handle certain types of cases or to accommodate certain populations who
are at a higher risk to become ill or because of other circumstances are unable to come
to court during the day (e.g., health professional, just able to go back to work)
Court Staff:
Evaluate staff to determine who are at higher risk for severe illness and who may qualify
for COVID-19 related leave
Consider continuing to rotate staff for as long as practical, including considering
extending court hours and staff working in shifts
Consider bringing back staff gradually and in this order:
1. Ready-to-Work (RTW) status employees, unless they are considered
higher risk for severe illness (e.g., people older than 65 years or older,
people with asthma, people with HIV, people with underlying health
conditions, people with disabilities)
3
2. Mission essential employees who are able to telecommute, but because
of their job description or duties as assigned cannot continue to
telecommute
3. Telecommuting employees who are not higher risk for severe illness and
able to return to work
3
CDC website: People Who Need to Take Extra Precautions
Page 6 of 10
4. Higher risk for severe illness employees and those who may qualify for
COVID-19 related leave who are able to telecommute and those who are
unable to telecommute who must remain on RTW status (however,
continually evaluate whether “telecommuting work assignments” can be
given to those who remain RTW status)
To address the increased workload:
1. Consider requesting part-time staff be approved for full-time status
2. Consider requesting overtime compensation in the form of compensatory
time in compliance with the Personnel Policies and Procedures Manual
#25
3. Evaluate the work needed to be done to determine if it can be done
remotely by court staff in another county (AOCP will assist with finding
court staff from another county)
Jury Trials:
The following information is from a webinar
4
given by the Center for Jury Studies, a project of
the National Center for State Courts (NCSC).
Anticipate lower jury yields so work with local health officials to get a “snapshot” of the
population in the community
o Increase the number of jurors summoned
o Impaneling more jurors to avoid having to adjourn or a mistrial
Anticipate excusal rates to be higher for certain populations because current data
suggests a disproportionate burden of illness and death among racial and minority
groups
5
o Anticipate jury pools will also be disproportionate
o Anticipate fair cross-section challenges
o Document why jurors are excused (may need to update database to allow for a
COVID-19 excusal)
Implement a generous deferral policy
o If possible, defer rather than excuse from service entirely
o Extend deferral period
o First deferral as a matter or right
4
Center for Jury Studies, March 26, 2020, webinar video and slides: http://www.ncsc-jurystudies.org/What-We-
Do/COVID-Resources.aspx
5
CDC website: COVID-19 in Racial and Ethnic Minority Groups
Page 7 of 10
o Second deferral with good cause
Persons currently testing positive or in self-quarantine
Persons at high-risk of infection
Persons living with others at high risk of infection
Health care professionals
Adopt “forgiving” failure to appear policies
o Follow-up with non-responders or failure to appear jurors with a second notice
or second summons
o Suspend order to show cause (OSC) calendars and capias warrants until after
pandemic abates
o Consider an amnesty program in 12-18 months giving the option of a
OSC/warrant or serving in a jury pool
Cleaning/Disinfecting
o Frequently wipe down essential workspaces
o Avoid directly exchanging documents with and between jurors
o Restrict access to common areas, including juror amenities (e.g., coffee,
microwaves, refrigerators, magazines/puzzles/games)
o Juror badges switch out with one-time-use option
o Include information in the summons encouraging juror to bring personal
entertainment
Social Distancing
o Remove chairs or put signs on chairs to keep potential jurors/jurors from being
able to sit next to each other
o Seat jurors in cordoned-off section of the gallery instead of the jury box
o Use larger conference room in the courthouse for trial recesses and
deliberations or allow jury to stay in the courtroom
o Discourage attorneys from using jury selection as an incentive for reaching a plea
or settlement agreement (encourage pre-trial conferencing)
o Minimize the number of jurors at each stage of jury service
Staggered reporting times
Jury panels report directly to the courtroom
Smaller panels to courtroom for voir dire
Consider alternatives for voir dire (e.g., written questionnaires; remote
prescreening for time, hardship and for cause conflicts)
Reduce the time jurors are in the courtroom
o Limit time for voir dire and alternatives for voir dire (e.g., written questionnaires;
remote prescreening for time, hardship and for cause conflicts)
o Limit time for opening and closing statements
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Communicate with jurors/potential jurors as much as possible and in as many different
ways as possible
o MESSAGE 1: The Court takes public health and safety seriously and has
implemented aggressive policies to prevent the risk of infection for jurors and
other court users
o MESSAGE 2: Jurors are performing an extraordinary service making sure
individuals have access to justice
o Messaging needs to appeal to civic-mindedness, altruism and moral courage
o Include information in the summons
o Provide information on website and social media platforms
o Issue press releases or public service announcements
o Juror call-in message
o Courthouse/Courtroom signage
Additional Considerations
Communications:
Regular communication with public and stakeholders on modified processes and
procedures and potential challenges
Share all information in an honest, consistent and timely manner
Ensure communications and information-sharing channels remain open with public and
all external stakeholders
Provide continuous updates concerning recovery and preparedness in the event of
another pandemic wave
Review and adjust messaging as necessary (e.g., signage, notices, orders)
Monitor and forecast potential public/media relations issues and quickly address any
rumors and misinformation
Re-affirm contacts and planned actions with public and media points of contact
Communicate to the public and other stakeholders the lessons learned and how the
gaps that were discovered will be addressed
Facilities and Physical Security:
Consider current CDC health and safety directives and evaluate court room and court
offices to determine what directives could be put in place (e.g., social distancing barriers
and shields, signage or tape on chairs/floor to show people where to sit/stand, signage
with CDC directives)
Ensure protective health equipment is available and accessible to staff and the public for
the next 30-60 days (See Attachment C)
Page 9 of 10
Review physical security procedures update and modify as necessary (e.g., screening
of public, policy for who may be in the courtroom depending on the type of hearing,
maintain signage with expectations)
Identify courthouse security issues and notify local law enforcement
Human Resources:
Delay the return of staff who are considered vulnerable by the CDC definitions where
possible for the last possible phase of transition
Ensure protective health equipment is available and accessible to staff and the public for
the next 30-60 days (See Attachment C)
Assist employees in accessing employee assistance programs concerning trauma
potentially caused by widespread fear and grief
Emergency Management:
Monitor international and national health information sources for any updates on next
pandemic waves
Balance recovery actions with essential preparedness for next wave actions
Re-affirm contacts and planned actions with AOCP and community emergency
management personnel
Assess and project potential support needs
Monitor transition continuously and take necessary action
Adjust actions to restore essential functions and to ensure success for future
emergencies
Review past actions, assure employees have recovered and return to maintenance
levels
Revise emergency preparedness and Modified Operations plan
Identify gaps and needs for future emergencies
Technology Management:
Continue to use technology in managing daily operations (e.g., videoconferencing,
teleconferencing, electronic filing)
Conduct after-action review
Identify gaps and needs both in short term and long term
Assess technology capacity and security issues
Telecommunications:
Assure capacity is maintained
Review contracts for cell phones, laptops, etc. to assure continued service and
availability
Page 10 of 10
Travel and Training
Institute pre-pandemic travel and training sequentially in accordance with the AOCP
Review CDC’s travel information prior to traveling, especially if it is international or
outside of Nebraska
If you are:
please contact your attorney or clerk’s office at the
phone number below to explain your illness.
We appreciate that you are here to fulfill your legal obligation.
However, we are taking all necessary precautions to avoid
spreading illness during this current health crisis.
PEOPLE
This location is practicing CDC-approved social distancing in an effort to reduce
any ongoing impact of COVID-19
. Maintain at least 6 feet from staff and other
visitors. Please ask to be directed to handwashing facilities should you need
them after covering a cough or sneeze. Note that occupancy is limited to:
feeling ill
showing symptoms or illness
have been exposed to the COVID-19 virus
believe you may have been exposed
asked to self-quarantine by a health care official
traveled to areas with known COVID-19 spread
ATTACHMENT A
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ATTACHMENT B
Constitutional and Statutory Authority for Emergency Preparedness
Constitutional Provisions
Art. V, Sec. 1
Art. V, Sec. 8
Art. V, Sec. 12
Art. V, Sec. 23
Art. V, Sec. 27
Supreme Court Administrative Authority
Art. V, Sec. 1
Neb. Rev. Stat. § 25-2221
Neb. Ct. R. § 1-105
Jurisdiction
Neb. Rev. Stat. § 24-302
Neb. Rev. Stat. § 24-517
District/County/Juvenile Court Interchange
Neb. Rev. Stat. § 24-230
Neb. Rev. Stat. § 24-303
Neb. Rev. Stat. § 24-304
Neb. Rev. Stat. § 24-312
Neb. Rev. Stat. § 24-516
Neb. Rev. Stat. § 43-2,125
Hearings by Telephone/Videoconference
Neb. Rev. Stat. § 24-303
Court Facilities
Neb. Rev. Stat. § 24-515
Judicial Absences
Neb. Rev. Stat. § 24-305
Neb. Rev. Stat. § 24-306
Neb. Rev. Stat. § 24-307
Neb. Rev. Stat. § 24-308
Neb. Rev. Stat. § 24-309
Neb. Rev. Stat. § 24-310
Clerks
Neb. Rev. Stat. § 24-337.01
Neb. Rev. Stat. § 24-401
Neb. Rev. Stat. § 24-402
Neb. Rev. Stat. § 25-1144.01
Neb. Rev. Stat. § 25-1301
Neb. Rev. Stat. § 25-1912
Neb. Rev. Stat. § 25-2729
Neb. Rev. Stat. § 29-1207
Clerk Magistrates
Neb. Rev. Stat. § 24-507
Neb. Rev. Stat. § 24-508
Neb. Rev. Stat. § 24-519
Neb. Rev. Stat. § 24-520
Miscellaneous
Neb. Rev. Stat. § 24-501
Neb. Rev. Stat. § 24-734
Change of Venue
Neb. Rev. Stat. § 25-410
Neb. Rev. Stat. § 25-411
Neb. Rev. Stat. § 25-412
Neb. Rev. Stat. § 25-412.01
Neb. Rev. Stat. § 25-412.02
Neb. Rev. Stat. § 25-412.03
Neb. Rev. Stat. § 25-412.04
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Administrative Office of the Courts & Probation
P. O. Box 98910, Lincoln, Nebraska 68509-8910
www.supremecourt.nebraska.gov
Phone (402) 471-3730
Fax (402) 471-2197
Administrative Office of the Courts and Probation
PPE Needs Form
COVID-19 Response Activities Only
Requesting Agency
Agency Name:
Address:
City: State:
Zip Code: County:
Primary Contact for Delivery
First and Last Name:
Title:
Email:
Phone Number:
Staffing
Approximate number of staff requiring PPE:
Number of staff (generally) interacting with the public:
Anticipated date of critical need:
Are you following the most recent CDC PPE Use Guidance? (See links below) Yes or No:
*Quantity
*Number of boxes
Additional comments to support your request:
Send completed request form to: renee.faber@nebraska.gov
Renee Faber, Supportive Services Specialist, Rehabilitative Services, Administrative Office of the Courts and Probation
*Final quantity and product received may differ; orders will be fulfilled based on vendor availability
CDC Use Guidance:
o https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-faq.html?deliveryName=USCDC_2067-
DM25135
o https://www.cdc.gov/coronavirus/2019-ncov/hcp/ppe-strategy/index.html
Corey R. Steel
State Court Administrator
Deborah A. Minardi
State Probation Administrator
ATTACHMENT C