FRIDAY, APRIL 20, 2018

Governor Ricketts Appoints
Chad Brown to the Separate Juvenile Court

Governor Pete Ricketts appointed Chad Brown of Omaha to the Separate Juvenile Court of Douglas County.  Brown, 42, is currently an attorney for the Douglas County Attorney’s Office.
Before working at the Douglas County Attorney’s Office, Brown ran a private practice in Omaha.   Brown began his legal career as a clerk for Woodke, Otepka, & Gibbons Law Offices.
During his time at the Douglas County Attorney’s Office, Brown worked in the Juvenile, Felony, Preliminary Hearing and Domestic Violence Divisions.  He was the head of the Termination of Parental Rights Unit within the Juvenile Division, where he managed a unit which was focused on cases involving the termination of parental rights.
Brown holds a Bachelor of Arts in criminal justice from the University of Nebraska, and a Juris Doctor from Creighton University.
Brown has served on the Omaha Police Department Statistics Committee, the Foster Care Review Board and the 1184 Treatment Team.
The vacancy is due to the resignation of Judge Wadie Thomas.


Those hearing the case at Millard North were, from left, Douglas County District Court Judge Francie Riedmann, Justice Stephanie Stacy, Justice Lindsey Miller-Lerman, Chief Justice Mike Heavican, Justice William Cassel, Justice Jeffrey Funke and Court of Appeals Judge Stephanie Martinez.

Students Ace Supreme Court Visit
The Supreme Court, including two judges from other courts, share a laugh at Justice William Cassel’s response to a student’s question (“How do you prepare to become a Justice?” “First, finish high school.”) The Court fielded many excellent questions.
The Court heard oral arguments on one case at Millard North High School last week, fulfilling a commitment to public education of the justice system. Douglas County District Court Judge Timothy Burns gave an overview of the court proceeding before court was convened. Students included those taking law-related classes and the championship debate team.


NSBA to Host Unique CLE
The Legacy of Watergate:
Representing an Organization
When Wrongdoing is Uncovered

               Dean                   Robenalt
On Friday, May 4, 2018, the Nebraska State Bar Association will be hosting a unique CLE opportunity. John Dean, President Richard Nixon’s White House lawyer in 1970, together with Ohio lawyer and ethics presenter, James Robenalt will be presenting “The Legacy of Watergate: From Nixon to Trump: A Unique Look at Executive Power.”
Using John Dean as fact witness and Watergate as a case study, Mr. Robenalt and Mr. Dean have developed an interactive, fast-paced program that explores the duties of an attorney representing an organization when wrongdoing is uncovered. The lessons learned go beyond politics. Rule 1.13 defines “organization” broadly, including corporations, partnerships, unions, governmental entities and the like.
The program will also discuss:
• Watergate’s Impact on Shaping the Model Rules of Professional Conduct;
• Authoritarian Personalities and the Psychology of Cover-Ups;
• Slipping into Obstruction: Exploring the First Week After the Cover-Up with White House Tapes;
• The Smoking Gun Tape: Obstruction of Justice;
• Reporting Up: Eight Months After Watergate, John Dean’s Cancer on the Presidency Warning; and
• The Need for Civic Engagement.
The highly acclaimed program will be held at the Embassy Suites in La Vista from 1:00 to 4:30 p.m. The program is accredited for three hours of CLE in Nebraska (three ethics) and Iowa (.5 ethics) and can be attended live or via webcast. The program is open to non-lawyers and is free for law students. For lawyers and law students, registration is available via the Nebraska State Bar Association’s website: Non-lawyers must register by calling 402-475-7091.
Faculty Bios
John Dean, before becoming Counsel to the President of the United States in July 1970 at age 31, John Dean was Chief Minority Counsel to the Judiciary Committee of the United States House of Representatives, the Associate Director of a law reform commission, and Associate Deputy Attorney General of the United States. He served as Richard Nixon’s White House lawyer for a thousand days.
He did his undergraduate studies at Colgate University and the College of Wooster, with majors in English Literature and Political Science. He received a graduate fellowship from American University to study government and the presidency, before entering Georgetown University Law Center, where he received his JD in 1965.
John recounted his days in the Nixon White House and Watergate in two books, Blind Ambition (1976) and Lost Honor (1982). He lives in Beverly Hills, California with his wife Maureen, and now devotes full time to writing and lecturing, having retired from his career as a private investment banker.  He recently published his 12th book (10th since retiring), another New York Times bestseller, which returns to Watergate and is based on the new material now available.  It was this material that prompted John and Jim to develop this CLE.
James David Robenalt is a partner and former Chair of the Business Litigation group at Thompson Hine LLP’s Cleveland office. Jim has won big verdicts for clients, including Avery Dennison ($81 million jury verdict on international espionage case) and Solvay Pharmaceuticals ($68 million arbitration award on drug co-promotion agreement). Jim is also the author of two non-fiction books dealing with the American presidency: Linking Rings, William W. Durbin and the Magic and Mystery of America (Kent State University Press 2004) and The Harding Affair, Love and Espionage During the Great War (Palgrave 2009).   He is also a recognized leader in judicial reform in Ohio and teaches and instructs on the legal ethics and the representation of an organization under new Model Rules 1.13 and 1.6.
The program is also open to the public.

Photo by Angie Steffen
Judge Robert Ensz and his wife Deb Ensz were awarded as special guests and honorary members of Sigma Beta Delta at Wayne State College. Dr. Vaughn Benson of Wayne State College (center) congratulates the couple upon earning their honorary membership to Sigma Beta Delta.
Wayne State Awards Honorary Membership
Judge Ensz was awarded 2017 Citizen of the Year in Wayne on March 18. Ensz is a husband, father and grandfather. He is a retired attorney. He graduated from Beatrice High School, the University of Nebraska and the University of Nebraska College of Law. He served in the United States Army during the Vietnam War. He is a member of the Wayne Consolidated Veterans Group, member of the Honor Guard for military honors at Veterans’ funerals. He plays “Taps.’’ He worked as a lawyer in the Nebraska Attorney General’s office.
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Koley Jessen Expands Real Estate Practice
Daniel Murow has joined Koley Jessen’s Real Estate Practice. Koley Jessen President, Mike Hupp, says “With continued growth locally, regionally, and nationally in all areas of real estate work, we saw a need to add to our team an experienced attorney with a demonstrated commitment to real estate, and Dan fits the bill perfectly.”
Murow comes to Koley Jessen from an AmLaw 100 firm located in Chicago where he counseled clients on a wide array of real estate matters, including real estate development, acquisitions and dispositions, leasing and formation of joint ventures in connection with real estate developments and investments.
“We are very excited to have Dan join our firm. His background, experience, energy, and deal-making ability position him to efficiently and expertly serve our clients,” says Max Burbach, Chair of the Real Estate Practice.
Murow received his B.B.A from the University of Wisconsin in Real Estate and Urban Land Economics and his J.D. from the University of Nebraska College of Law.
For more information regarding Koley Jessen please visit the firm’s website at


Speakers and hosts of the annual Ethics Seminar on April 13 are, from left, Stephen Sieberson, Creighton School of Law Interim Dean Mike Kelly, Hon. Mark Cady, J. Scott Paul and OBA President Anne Marie O’Brien.

Ethics Questions Addressed
By Lorraine Boyd
The Daily Record

The 12th annual Seminar on Ethics & Professionalism attracted its usual hearty crowd on Friday, April 13, at Creighton University. It is a joint venture of the Omaha Bar Association and the Creighton School of Law.
Topics bring participants up-to-date on the new or tweaked ethics rules of the Nebraska Supreme Court.

Iowa Supreme Court Chief Justice Mark Cady speaks on “implicit bias.”

Hon Mark Cady addressed “A Justice System’s Response to Implicit Bias.” It was an especially topical subject, as an incident Thursday in Philadelphia in which two African-American men were tossed out of a Starbucks was questioned by the company’s CEO as a possible case of “unconscious” or implicit bias.
Sieberson took on Avvo Legal Services and found that its fee structure violates Nebraska’s Rules. He noted that 49 percent of lawyers in the 2016 OBA survey agreed with the rule.
Attorney Paul’s wrap-up on the year’s ethics decisions was laced with humor as usual, especially his closing video clip.


Jason Gilbreath left a successful career in banking to start Reclaimed Enterprises four years ago. Now it’s the Chamber’s Small Business of the Month.

Reclaimed Enterprises
Meet the Upcycling Experts of Omaha

By Emily Kerr
The Daily Record

Building his business on a foundation of expertise in his niche, Jason Gilbreath at Reclaimed Enterprises creates an environment in which customers are free to let their creativity take the wheel with reclaimed and salvaged wood.
“We want customers to feel welcome, to feel comfortable explaining what it is they are looking for, and to feel like they are talking to people that have expertise and actually care about the product,” Jason explains.
Working at First National Bank for 10 years, Jason was the head of wealth management and wore several hats during his time with the company. While serving on the board at the Boys and Girls Club, he saw the blighted housing of the city and wanted to do something to refurbish the area. Eventually, this led to the beginning of his business four years ago and the launch of Reclaimed Enterprises.
Now the Greater Omaha Chamber of Commerce has chosen Reclaimed Enterprises as their April Small Business of the Month.
Jason appreciates the help of the Chamber for their assistance in growing their network within the immediate community. “They offer a lot of programs that are there to help businesses grow and give them access to expertise. They featured us in one of the “We Don’t Coast” publications. I think the Chamber has done quite a bit to help us,” remembers Jason.

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Lawrence Welch Sworn In
Lawrence E. Welch, Jr. was sworn-in as the Nebraska Court of Appeals 16th judge on March 28, 2018, in the Nebraska State Capitol. Representing the 5th Judicial District, Welch replaces Judge Everett O. Inbody who retired from the Court of Appeals in December 2017. Speaking directly to Inbody, Welch said, “You have extraordinarily large shoes to fill.  I cannot fill those shoes but I do intend to walk in those footsteps.”
Court of Appeals Chief Judge Frankie J. Moore served as the master of ceremonies and Chief Justice Heavican administered Welch’s oath of office during the ceremony. Governor Ricketts presented Welch with his certificate of appointment and offered remarks about the system of checks and balances provided by the Constitution. 
Speaking to the interpersonal and professional qualities of Welch were his brother, Daniel Welch, and good friend T. Parker Schenken of Denver, Colo. Assisting with his robe were his wife, Allison Welch, and three sons: Buck, Ben and Jack.
During his closing remarks, Welch addressed the audience saying, “I feel so fortunate to be here today; I feel so privileged to be here today; I feel so honored to be here today.  I am not an important person, but this is an important job.”
– Article and photos courtesy of Nebraska Judicial Branch


Michelle Chaffee considers her job “an amazing privilege.”

Michelle Chaffee
Help for Those Unable to Help Themselves
By Andy Roberts
The Daily Record

The ability to make one’s own decisions and take the responsibility for them is fundamental to our way of life.
But there comes a time in some lives, hundreds if not more in Nebraska alone, where a person simply is not able to do that.
Three years ago, the Office of Public Guardianship was initiated following action taken by the Nebraska Legislature to address what had become a crisis. The office was long overdue, and, to put it mildly, they stay busy with the responsibility of seeing that those who are unable to care for themselves get the care they need.

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– Photo by Lorraine Boyd
Arbitration Latest ‘Basic’ Topic
What is arbitration?
Presenter Adam Feeney of Lamson Dugan and Murray, LLP answered that and much more at the March 28 CLE (Continuing Legal Education) by the Young Lawyers Division of the Omaha Bar Association. The CLEs, dubbed “Just the Basics,” are designed to provide a quick look at a wide variety of law practices in a casual, relaxed setting. The end-of-the-day hour-long sessions attract one to two dozen lawyers each time, with an ever-changing audience. It’s always a mix of new and veteran lawyers. This topic seemed to attract a number of senior lawyers, perhaps as they eye a new concentration in law before retirement.
The venue, a private room at the Corkscrew in historic Blackstone, seems to invite participants to ask questions and offer examples of their own to enhance the learning. Corkscrew also serves some fine wines for those who are so inclined. Watch the OBA website for information on the next session.


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The U.S. District Court of Nebraska is accepting applications for the following position:
Law Clerk
For more information go to The Court is an Equal Opportunity Employer with a commitment to achieving diversity among staff. Under-represented groups are strongly encouraged to apply.
4-11,13,16,19,24,27,30 & 5-4-18



– Photo Courtesy of Amber Roberts
Members of the Nebraska Paralegal Association (NePA) and their guests spent the evening of April 2 at Corky Canvas in Midtown Crossing, painting masterpieces. And they did it all for a good cause: the Legal Beagles, NePA’s Relay for Life team, which benefits the American Cancer Society.
It wasn’t quite as quiet as we inferred – actually it was rocking with the good vibrations of classic rock ‘n’ roll!
Some of those representing NePA, pictured here, from left Amber Roberts, Teri Gibbons, Lynda Vik and Laurie Vik.
$12 of every $35 registration went to Relay for Life. NePA has been holding this event for at least three years.

Shhhh – geniuses at work! Participants in the Corky Canvas FUNdraiser learn how to paint a flower…

…with a little help from Instructor Ashton.  There’s always one nonconformist in the crowd!                      – Photos by Lorraine Boyd

– Photo by Lorraine Boyd
Paul Yakel (center) takes a well-deserved bow as the man who has been facilitating the Adult Drug Court program since its inception in 1997 and is congratulated by two of the Court’s judges, Gary Randall (left) and Greg Schatz.

Adult Drug Court Graduation #100
The judges of the Douglas County Adult Drug Court were justifiably proud on March 28 when they conducted the 100th commencement ceremony of the program. In the 21 years since the program began, 1,964 participants have graduated. As a result of the program, 132 babies have been born drug-free to drug-free mothers. Number 133 will be born to one of the day’s graduates.
A white-haired gentlemen received his diploma, and more importantly his dismissal of felony drug charges, and addressed the audience of family, friends, country officials and current participants, saying, “Choose a higher power. Mine is God, but whatever yours is, you need to choose a higher power. He’s in front of me, in me, and behind me. There will be times when your sponsor is not available, or your friends or family. But your higher power will be there for you.” He said he counted up all the money he spent on his addiction over the years, then calculated the amount he had saved since starting the program. He said he was able to take his daughter on a trip to California with the money he’d saved. Another program graduate is currently carrying a 4.0 average in college. All of the graduates’ stories are inspiring and full of gratitude and hard work.


100th Commencement
Milestone Reached in Adult Drug Court

By Lorraine Boyd
The Daily Record

The invitation arrived via e-mail. Every few months one appears, announcing another Douglas County District Court Adult Drug Court commencement.
But this invitation is special: it is announcing the 100th commencement ceremony.

The commencement will take place this afternoon at 2 p.m. in the Omaha/Douglas County Civic Center’s Legislative Chambers. Twelve participants will graduate today.
The Douglas County Adult Drug Court was created in April 1997, the first drug court in Nebraska, under the leadership of the retired District Court Judge James M. Murphy. Judge Murphy died last year knowing that his creation was thriving.
              Judge Murphy 
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Meetings & Seminars
For the Legal Community
APRIL 20, 2018
Nebraska State Bar Association
The Reptile Trial Strategy: Avoiding the Pitfalls of The Reptile
UNO Thompson Center
6705 Dodge Street, Omaha
10:00 a.m. – 12:15 p.m.
For More Information:
APRIL 20, 2018
Omaha Law League
3rd Annual Casino Night
Livestock Exchange Ballroom
4920 S 30th Street, Omaha
6:00 p.m.
For More Information:
APRIL 20, 2018 through April 21, 2018
Nebraska Press Association
2018 Annual Convention
Cornhusker Marriott Hotel
Lincoln, NE
For More Information:
APRIL 26, 2018
Nebraska State Bar Association
Legal Ethics Issues for Compliance Officers
Hruska Law Center, 1st Floor Conf. Room
635 S. 14th St., Lincoln
For More Information:
APRIL 27, 2018 through APRIL 29, 2018
Nebraska Legal Professionals Association
NLPA Annual Seminar
Double Tree Hilton
72nd Street, Omaha
For More Information:
MAY 1, 2018
Omaha Bar Association
Law Day Lunch
Omaha Marriott
10220 Regency Circle, Omaha
11:45 a.m. 1:00 p.m.
For More Information:
MAY 3, 2018
Nebraska State Bar Association
2018 Annual Family Law Seminar
Embassy Suites -Lincoln
1040 P Street, Lincoln
For More Information:
MAY 4, 2018
Omaha Bar Association
OBA Memorial Service
Legislative Chambers of the Omaha-Douglas Civic Center
1819 Farnam Street, Omaha
11:30 a.m. 12:30 p.m.
For More Information:


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