In the 2019 legislative session, the Legislature passed LB 686, which included a change in the law that provides judges with the option of imposing a deferred sentence of probation.  Essentially the statute provides judges with the option of deferring judgement (or final sentence) for a defendant but still place that offender on probation for a period of time.  Upon satisfactory completion of probation, the defendant may withdraw their earlier plea and the case is dismissed, which will then provide that the record is sealed.   

The operative date of this change in the law is July 1, 2020 and this sentencing option only applies to crimes committed on or after July 1, 2020.  There are a few crimes that are not eligible for deferred judgement probation; see subsection (2) for the listing.

This is a new concept in Nebraska law, but other states have this option for sentencing, including Iowa, so some of our members may be familiar with it.

Special thanks and credit to Senator Justin Wayne (and NCDAA member) for introducing this bill (the original bill was LB 91) and his leadership in having it included in LB 686 as a committee amendment and in getting it passed into law.  

Continuing Legal Education Requirements and Credit Options

In response to the coronavirus/COVID-19 pandemic, the Nebraska Supreme Court has determined it necessary to allow all 10 required credits to be obtained without attending live education (regular/traditional class type) for 2020.  As attorneys file annual reports for 2020 in December, reports that have no live education will be accepted when they contain at least 10 total credits including 2 that qualify as professional responsibility/ethics. 

The NCDAA will continue to offer remote learning opportunities until the end of 2020. 

This year’s Bob Chaloupka Kick Ass Trial Skills Seminar is approaching, beginning at noon Mountain Time on Thursday, November 7 and ending at 12:30 Mountain Time on Friday, November 8 in Scottsbluff, Nebraska (in time to get back to eastern Nebraska for the NCDAA Awards Banquet!). With all proceeds donated in equal shares to NATA, NCDAA and Trial Lawyers College, this destination program has a diverse and exciting lineup of speakers from civil and criminal law backgrounds. It is an opportunity for inspiration, motivation and fellowship (and CLE credit). To highlight two speakers who will share their wisdom on final argument:

To address final argument in criminal cases, we’ll present criminal defense lawyer Emily DeToto of Houston, Texas (where she is known as “Emily MF’in’ Detoto”):

Emily, who is an instructor for Trial Lawyers College, will teach us about final argument in cases where the facts are bad (which happens ever so occasionally in criminal cases) – “bad facts” like snitches, confessions, seemingly inculpatory DNA and other evidence that can make the prosecutor’s job easy. Emily will address ways to combat the bad facts – how to focus jurors on what is really at stake in a criminal trial, and on how to give jurors the tenacity to fight and the courage to acquit. 

And this excellent hippie is personal injury lawyer Eric Fong, who comes to us from Port Orchard, Washington and tries cases throughout Washington State:

Eric is a partner in the Fort Collins, CO-based Metier Law Firm, a former public defender and an instructor for Trial Lawyers College. He will speak about final argument for damages in a personal injury case: how to inspire a group of people to do something they never thought possible. What motivates groups of people? What does the lawyer need to do to access that power to inspire? How do we work jury instructions into the damages argument? Eric will teach us about framing, empowerment of the jurors, and how to help jurors understand the value of health, strength and life that is on the line in a personal injury trial.

Our program is approved for CLE in Nebraska, Wyoming, Iowa and Colorado (including ethics credit in NE, WY and IA). You can register online via Paypal at https://www.panhandlejustice.com/trial-skills-seminar. Bring a friend and come to Scottsbluff in November for a fun and uplifting program, and great fellowship together in the name of a great Nebraska trial lawyer.

Beginning September 30, 2019, students in the Immigration Clinic at the University of Nebraska College of Law, under the supervision of Professor Kevin Ruser, are available, on a limited basis, to consult with criminal defense counsel regarding possible immigration consequences their non-citizen clients may face as the result of clients’ involvement with the Nebraska state criminal justice system. The dates during which the Immigration Clinic’s services are available are: September 30 to November 22, 2019, and January 13 to April 17, 2020. Complete the Email Template Request found below and send it to Professor Kevin Ruser at kruser1@unl.edu. Additional information can be found in the Consultation Agreement. Contact the NCDAA office at executive.director.ncdaa@gmail.com or 402-282-0576 or email Professor Kevin Ruser at kruser1@unl.edu with questions.

Immigration_Questionnaire_Fillable_Form.pdf

Consultation Agreement -- 2019-2020.pdf

Email-format-for-consultation-request.pdf

Midlands Community Foundation is excited to bring back its MCF Matching Charitable Program beginning December 1, 2019, and ending January 6, 2020.  Matching donations will be made on a dollar-for-dollar basis up to a limit of $5,000 per individual donor, and subject to a maximum of $100,000 of matching dollars being available in the aggregate for all Funds.  If more than $100,000 is contributed on an aggregate basis to all Funds, the matching dollars will be pro-rated among such donors based on the total contributions made.  

Donations must be dated and received from December 1, 2019-January 6, 2020.

https://midlandscommunity.org/fund/ncdaa-constitutional-defense-fund/