Garden County Nebraska

GardenCoNe.com

Oshkosh, Lewellen, Lisco

What our office does.

In the County Court all civil, criminal, probate, juvenile and small claims matters are heard. All records pertaining to those proceedings are kept there. In addition, we record all traffic citations and the payment of fines for them.

Office Personnel (by title and/or name)

The Honorable Randin R. Roland and Clerk Magistrate Jean Kling

What records we maintain

Records of civil cases, probate records, criminal cases, juvenile cases, small claims, adoptions records, and traffic citations.

What services are available to the public

The clerk magistrate can conduct weddings which are free of charge if held during business hours in the court.

All records, except adoptions records, are open to the public for viewing. Certified copies are $1.25 or $1.50 if mailed.

Duties of Clerk Magistrate

To schedule and maintain court proceedings and keep the record thereof.

To maintain the financial activity of the court. To assist the county judge in the performance of his duties.

Qualifications necessary for Clerk Magistrates

Clerk Magistrates must attend a yearly meeting of education. All magistrates must also complete training to learn the Justice system.

Elected/Appointed

Clerk Magistrates for Garden County are appointed by county judges from the 12th district.

Other:

The Clerk Magistrate can also issue arrest warrants for people failing to appear for court or for those not paying their fines.

The county court system is organized into 12 judicial districts which range in size from one to nine counties. Nebraska has 59 county court judges. County courts handle misdemeanor cases, traffic and municipal ordinance violations, preliminary hearings in felony cases, civil cases involving up to $45,000.00, small claims cases, some divorce cases, probate, guardianship, conservatorship and adoption proceedings and juvenile matters. The district courts have concurrent jurisdiction in misdemeanor cases, but nearly all misdemeanor cases are tried in the county courts. Preliminary hearings are used in county court to determine whether there is enough evidence to establish probable cause in a felony case. If it appears the crime charged has been committed and there is probable cause to believe that the person charged with committing the crime is responsible, the defendant will be bound over to stand trial in district court.

Small claims court is a division of county court and the hearings are conducted by a county judge. The court has jurisdiction in civil matters where the damages sought or the money claimed does not exceed $2,400.00. The person making the claim is known as the plaintiff. This person or party assumes the burden of proof, which is the responsibility to prove the issues of the case. The other person or party, against whom the claim is brought, is known as the defendant. The actual court procedure is informal. Juries are not used, attorneys are not allowed and the parties involved must represent themselves. Once a judgment is entered, any person not satisfied with the judge's ruling may appeal to the district court within 30 days. If the judgment is for the plaintiff, it is the plaintiff's responsibility to collect the property or money. If the defendant refuses to pay the judgment, the plaintiff then has the option of using an attorney to initiate collection procedures. The usual procedure involves either selling the debtor's property or garnishing the debtor's wages and bank accounts. Instructional brochures regarding the small claims process are available at county courts and the administrator's office.

Juvenile matters are heard in the county courts. Separate juvenile courts are courts of record and handle matters involving neglected, dependent and delinquent children. The court also has jurisdiction in domestic relation cases where the care, support or custody of minor children is an issue. Juvenile courts have the same jurisdiction and employ the same procedures as the county courts acting as juvenile courts.

The Constitution of the State of Nebraska, as amended in 1970, vests general administrative authority in the Supreme Court over all courts and provides that this authority shall be exercised by the Chief Justice. It also states that the Chief Justice will be the executive head of the courts and may appoint a court administrator as an administrative director. The Administrative Office of the Courts is located in the State Capitol in Lincoln, Nebraska close to the Supreme Court. The court administrator's responsibilities include developing coordination within the judicial branch and with other state agencies about programs affecting the courts, developing plans for improvement of the judicial system and serving as a central source for information about the courts. The court administrator's office has helped the state's courts in case processing and records management, developing a statistical reporting system for both district and county courts, and implementing a uniform accounting system for county courts, a personnel system and improved in-service training programs for court personnel.