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Daily IMcbraskan
Wednesday, February 17, 1982
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EQUAL OPPORTUNITY EMPLOYER
Krivosha says state courts busier,
police departments lacking money
By Mclinda Norris
The Nebraska Supreme Court is near
ing its maximum workload if it hasn't
reached it already, Chief Justice Norman
Krivosha told the Nebraska Legislature.
In his State of the Judiciary Address,
Krivosha told senators Tuesday that the
size of the Supreme Court docket grew by
188 cases in 1981 to a total of 929, forcing
judges to devote more time without ad
ditional costs to Nebraskans.
The Supreme Court is coping with the
enlarged caseload by increasing the time
it sets to hear oral arguments by 30 per
cent. It is scheduling prehearing confer
ences for some cases, eliminating the writ
ing of some legal briefs, and "fast track
ing" or cutting down oral arguments in
some cases, Krivosha said.
The court has resisted creating an inter
mediate court of appeals because of the
additional cost to the state, Krivosha said.
But if the caseload growth does not end,
it will be necessary to employ additional
law clerks, he said.
Krivosha said although the number of
cases reaching the Supreme Court is sign
ificant, the problems are minor.
A solution to the overflow of cases
would be a change in attitude of the public
and lawyers, he said.
"While no one could argue that having
open courts available to everyone is indeed
the hallmark of an open and free society,"
he said, "no one must be led into believing
that bringing every dispute to the court can
do anything but ultimately clog the wheels
of justice."
Mediation needed
Krivosha suggested that certain groups,
such as employees and employers, tenants
and landlords, neighbors, and husbands
and wives, could be better served through
mediation rather than litigation.
"It is imperative that we once again
establish the image of the lawyer as the
peacemaker and not the litigator; as the
mediator and not the hired gun," he said.
Krivosha then turned to the "passing
concern" of crime and the government's
methods of dealing with it.
"Historically, we have attempted to at
tack the matter of crime by gathering to
gether rational people to design rational
solutions for irrational behavior," he said.
"The threat of punishment alone has
never in the past successfully deterred
crime," Krivosha told the senators. "It
is not the severity of the punishment which
deters crime but the certainty and swift
ness with which the criminal is appre
hended and punished that deters crime."
In Omaha, where the greatest number of
criminal matters arc handled by the courts,
the average time from arrest lo sentencing
in 75 percent of the cases is less than 60
days, Krivosha said.
"The Nebraska courts arc not only
operating efficiently and swiflly, but as
fast as a democratic, due process system
will permit," he said.
Certainty not ensured
"Passing legislation to make the punish
ment for the crime more severe does not
in any manner ensure that the offender
will be apprehended," he said.
Krivosha suggested the Legislature turn
its efforts and money to the law enforce
ment agencies so they could perform their
job with greater efficiency.
"I am extremely proud and compli
mentary of what they (the law enforce
ment agencies) do, considering the severe
handicaps under which they must operate,
particularly now with the loss of (federal)
Law Enforcement Assistance Administra
tion funds," Krivosha said.
The government should also be respon
sible for educating inmates, Krivosha said.
"Perhaps the most significant deficiency
existing in the prisons today, is the lack
of educational opportunity," he said.
Krivosha said as many as 20 percent of
those incarcerated are either illiterate or
virtually illiterate.
"Is it so hard to understand why one,
who after spending three or five or seven
years in prison, is relased without a trade
and without the ability to recognize his
or her name in neon lights, returns to
crime?" he asked.
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