c Nebraska » Juvenile court

Judicial selection, 2022

• Elected

• Appointed

• Combination

Judicial specialization, 2022

• All mixed case types

• Mostly mixed

• Mostly specialized

Caseload assignment, 2022

• Mixed assignment methods

• Individual discretion

• Statute/State court rules

Judicial experience, training, and tools, 2022

• Qualification Requirements

• Required Annual Training

• Required Risk/Need Assessments and Pre-Dispositional Reports

• Juvenile Justice Bench Books

Courtroom shackling, 2015

Restricted by legislature

Nebraska’s L.B. 482 (law, not yet codified) requires removal of restraints prior to court appearance unless the court makes a finding of probable cause of necessity (to prevent harm to self/others; history of disruptive courtroom behavior or (other) recent risky behavior; or flight risk) AND there is no less restrictive alternative. The juvenile’s attorney may be heard before the use of restraints. If restraints are ordered, (supporting) findings of fact must be written. Restraint definition includes electronic devices and straitjackets (among others).

Competency, 2015

Pending the adjudication of any juvenile case, Nebraska’s statute proscribes when the court may order an examination to aid the court in determining a juvenile’s competence to participate in proceedings. The statute does not specify what should be contained in the report, or criteria for consideration, and there are no procedures for judicial review after a finding of incompetency or other actions (whether competency is restored or not).

• No juvenile standard

• Juvenile standard is the adult standard

• Juvenile justice standard exists

• JJ standard includes developmental immaturity