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Nebraska Supreme Court Hears Arguments In O'Neill

May 3, 2023 (0)

Law enforcement day- The Nebraska Supreme Court held session at the O'Neill Gym last Thursday. Pictured are front row (l-r): Hon. Jonathan J. Papik, Hon. Stephanie F. Stacy, Hon. Lindsey Miller-Lerman, Hon. Michael G. Heavican, Chief Justice, Hon. William B. Cassel, Hon. Jeffrey J. Funke and Hon. John R. Freudenberg. Back row (l-r): Hunter Wilson, Ryder Pokorny, Tucker Shabram, Evan Kiopecky, Colton Osborne, Berren Strope, Emma Smith and Suhani Chaudhari. O'Neill High School Principal Will Wragge stands at the far right.

The Nebraska Supreme Court held an oral argument session at the O'Neill High School Gym last Thursday, April 27. The premise as part of law enforcement was an educationally enriching experience for students and community members who attended. The court heard arguments in two cases with legal representation from both sides of the case deliberating their sides and arguments to the court. The cases were • State v. Elias - S-22-0443 -- Second Degree Murder from Lancaster County and •Northwest Crossings, LLC v. Bruce Lavalleur, PC - S-22-0622  Motion for New Trial in contracts case from Hall County.

The audience made up of local students got to see the process of a courtroom setting and how the legal process works. After both arguments were delivered and the court was dismissed, the judges were asked questions from students. From legal processes on how the supreme court works, to how the judges rose to their position at the top level as decision makers for the State of Nebraska.

The Supreme Court consists of a Chief Justice and six associate ­justices. The Chief Justice, who represents the state at large, is appointed by the Governor from a statewide list of candidates selected by a judicial nominating commission.  The six remaining associate justices are chosen by the same judicial nominating commission procedure but each represents one of six districts.  These judicial districts are approximately equal in population and are redistricted by the Legislature after each census.

The Supreme Court's basic responsibilities are to hear appeals and provide administrative leadership for the state judicial system.  The Supreme Court has the authority to be the original court in which a case is heard under certain circumstances.  The Supreme Court also hears all appellate cases regarding the death penalty, the sentence of life imprisonment, or constitutional questions.  Upon the granting of a petition for further review, a Court of Appeals case is moved to the Supreme Court for review.

Besides appeals, the Supreme Court is responsible for the regulation of the practice of law in Nebraska.  The Supreme Court handles the admission of attorneys to the Nebraska State Bar Association, as well as attorney discipline.  This membership is mandatory in order to practice law within the state.  Another responsibility of the Supreme Court includes the monitoring and appointment of attorneys to serve on local committees of inquiry, as well as state committees on discipline and professional responsibility.

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