Chief Justice Funke's first ‘State of the Judiciary' lauds probation services, calls for more funds

Yahoo

28-01-2025

Chief Justice Jeffrey Funke greets state lawmakers after his first annual State of the Judiciary address. Jan. 28, 2025. (Zach Wendling/Nebraska Examiner)
LINCOLN — In his first annual address to lawmakers Tuesday, Nebraska's new Supreme Court chief justice called for more funding for court areas such as language interpreters, cybersecurity, veterans' courts and an 'archaic' case document filing and management system.
Chief Justice Jeffrey Funke, in his 'State of the Judiciary' address, praised several parts of the state court system, saying its probation services for adults and juveniles are considered national models.
Yet, he said, that Nebraska continues to have some of the nation's most crowded prisons and, despite a drop in the state's crime rate, rates of incarceration have increased.
Successes of the Judicial Branch are impaired, Funke said, by funding holes in integral areas including the 'JUSTICE' system that manages cases for judges, attorneys, staff and the public.
Reflecting back, he noted that JUSTICE was implemented in 1994 — 'the same year Ben Nelson was Nebraska's governor and the Cornhuskers won a national championship in football.'
Said Funke: 'We can no longer operate in the past.'
The Nebraska City native, elevated to the post in October, called for additional funding from the Legislature to augment a $1.7 million grant aimed at creating 'Justice 2.0.' He said modernization will enable judges, attorneys, court staff and the public to navigate cases more efficiently.
We have done what you have asked. It is essential that the Judicial Branch receive adequate funding for the next biennium to sustain the progress we have made.
– Chief Justice Jeffrey Funke
Another concern underscored in the half-hour talk to the public and state senators in the Legislative Chambers: the lack of behavioral health services — an area Funke said must be prioritized.
While largely outside the direct purview of the judicial system, mental health challenges lead many Nebraskans into crime and abuse and neglect of children, Funke said.
'The lack of treatment options means that our citizens are not getting the care they need, which reduces their chances of stability and recovery,' he said.
Last year, more than 6,000 people participated in financial assistance programs for behavioral health services under probation services. Still, Funke said, health organizations report a significant shortage of available providers. He said reimbursement rates are not keeping pace with the costs of delivering services.
As a result, options are limited for judges at sentencing times and for officials leading probation services, problem-solving courts and post-release supervision.
Another top need Funke addressed is salary increases so the Judicial Branch can retain and compete for talent. He said the high court sought funds from the Legislature in 2023 to raise pay for interpreters, to add an adult drug court for Platte County, a veterans' treatment court in Sarpy County and three additional IT staff members for cybersecurity and cloud-based IT management.
While the Legislature supported those efforts by increasing personnel spending limits, it did not direct any new funds. Funke said existing dollars soon will be exhausted — and he said more are needed.
'We have done what you have asked,' said Funke, joined in the chambers by fellow members of the State Supreme Court. 'It is essential that the Judicial Branch receive adequate funding for the next biennium to sustain the progress we have made.'
Organizations including the civil rights organization, ACLU Nebraska, weighed in. Legal director Rose Godinez said she heard from Funke a 'keen understanding of the importance of strengthening diversion and reentry programs to achieve better outcomes for us all.'
'His acknowledgment of Nebraska's costly overcrowded prisons, his support for growing problem-solving courts, and his commitment to access to justice — including language access — were all on target,' Godinez said. 'We look forward to continued partnerships with the judicial branch to help advance our shared goals.'
Giving the annual address may be new to Funke, appointed by Gov. Jim Pillen to replace former Chief Justice Mike Heavican of Lincoln, who retired in October after having been the second-longest serving Chief Justice, at 18 years.
But Funke, appointed as an associate justice in 2016, said he is familiar with the 'excellent work' of judicial branch staff to help ensure that Nebraskans have a forum to resolve disputes.
He said the core functions of courts have been expanded over the years, with new and innovative ways to administer justice, sometimes increasing public safety and saving taxpayer dollars.
'More work is to be done.'
Other highlights of Funke's speech:
In the area of Adult Probation, the Chief Justice noted 2014 and 2021 criminal justice reform efforts aimed at reducing high costs of incarceration and diverting less serious felons from prison to probation.
Today, he said, adult probation officers supervise more than 14,000 people across Nebraska, and the recidivism rate for those successfully completing probation 'is an exceptional 19%.' That's the percentage that relapsed into crime within three years of release.
In June, the Supreme Court approved the first-ever strategic plan for adult probation services. Funke said a goal is to ensure that Nebraska probation remains a 'national model' of sentencing alternatives for courts.
The average cost to imprison a person in Nebraska Is $41,000 per year, he said, compared to $3,500 per person annually for probation.
Post-release supervision came about after the 2014 justice reforms showed that Nebraska's felony sentencing system failed to provide adequate supervision upon an individual's release from prison. On a daily average, 1,300 individuals are supervised under the program and must comply with court-ordered conditions including maintaining a job, participating in behavioral health services and keeping away from crime.
Less than 10% of those under post-release supervision returned to prison due to a probation revocation — a sign, Funke said, that the program has prevented crime.
Nebraska's problem-solving courts provide highly supervised treatment for military veterans and those battling substance abuse and mental illness. Participation is at nearly 800 people, and Funke has called for more funds to expand the programs to more parts of the state.
He said the recidivism rate for those who successfully graduate from a problem-solving court is 24%. Today, adult drug courts are in every judicial district. Trial court judges have implemented four veterans treatment courts, two reentry courts, one young adult court, a mental health court and a DUI court. Juvenile court judges have implemented two family treatment courts and a juvenile drug court. Nebraska judges volunteer to preside over the labor-intensive courts.
Juvenile Probation, on any given day, serves nearly 2,700 youths. Funke described the program as a 'nationwide leader' with an all-time low of 17% of the youths returning to crime after a year of completing the program.
However, he said, juveniles who commit violent crime remain a priority focus.
'Though this population comprises only 3% of the total juveniles on probation, it requires our full attention,' he said, noting a new effort with the Nebraska Department of Health and Human Services to better transition young offenders back into communities.
As part of an effort to improve 'access to justice,' Nebraska developed a pilot project in Douglas County to help self-represented litigants file and process documents in their cases. The goal, Funke said, is to expand statewide, especially in rural areas and for low-income court users.
He said the state also began collaborating with foreign consulates to produce videos in languages beyond English to detail court processes and the role of interpreters.
The court system expanded services for those with hearing loss, and nearly every courtroom in the state is equipped with infrared assistive listening devices at no expense to county governments.
'Regarding remote access, our trial court judges have made significant strides in using technology to enable communication, document sharing and teamwork between courthouses,' Funke said.
He said technology advancements have opened virtual courtrooms and allowed remote hearings that reduce travel and enhance scheduling flexibility.
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