LINCOLN — Nebraska Supreme Court Chief Justice Jeffrey Funke on Thursday celebrated the judicial branch’s work to deliver justice to Nebraskans, often at lower costs than incarceration.

In his second annual “State of the Judiciary” speech, made annually before the Legislature, Funke highlighted how the state’s court-overseen problem-solving courts, probation system and more help keep wayward Nebraskans out of prison.

Funke said it costs about $5,000 each year to supervise a participant in one of 35 problem-solving courts, a portion of which participants pay, and about $3,500 each year to supervise an adult on probation.

By comparison, Funke said, incarceration costs state taxpayers about $50,000 each year.

“The work of the Judicial Branch is challenging and regularly involves issues which plague our society,” Funke said. “Support from both the executive and legislative branches is necessary to ensure that we continue to achieve our shared goals.”

Problem-Solving Courts

The chief justice said more funding would expand the successes of the state’s problem-solving courts. These are “labor-intensive” programs in which judges, prosecutors, defense attorneys and community leaders volunteer to provide targeted support and interventions to people facing criminal charges.

Funke said nearly 2,000 individuals accessed a problem-solving court in 2025, but more people can — and should — be able. That would require more funding.

“Many of those turned away will languish in county jails or end up in our state’s already overcrowded prisons,” Funke said.

A total of 42 trial judges last year volunteered to help problem-solving courts. Most of those judges serve in district courts. However, Funke said more and more county court judges and separate juvenile court judges are getting involved.

Types of problem-solving courts include adult drug courts, veterans treatment courts, reentry courts, DUI courts, family courts, a young adult court, a mental health court and a juvenile drug court.

“The judges’ role in our problem-solving courts is often referred to as the ‘secret sauce’ and is vital to the success of these programs,” Funke said.

In 2024, state lawmakers passed a comprehensive law calling for criminal justice diversion plans for certain eligible veterans through evidence-based treatment and case plans in all Nebraska courts. It’s one of many judicial programs that received strong legislative support and a signature from the governor — but set no funding aside. Sometimes, Funke has said, the court system has tried to absorb the cost.

As the state’s budget worsened, lawmakers last year delayed implementation of the program by two years, to July 2027. Funding has yet to be set aside, with costs estimated at $4.7 million annually.

Probation System

On the probation side, Funke said more than 80% of adult probationers complete probation, contributing to an “exceptional” low recidivism rate of 19%. Recidivism measures a rate of people sentenced who reoffend after release. 

On a given day, there are nearly 14,000 adults supervised while on probation and another 2,400 juveniles, according to Funke. He said juvenile probationers have an “all-time low” recidivism rate of 17%.

The court has, on average, another 1,300 individuals on post-release supervision each day who are not suitable for probation after incarceration. Of them, fewer than 10% are resentenced.

Funke also highlighted the importance of transitional housing, a service 1,400 people accessed in 2025, in which the judicial system provides safe, sober and supportive housing as individuals reintegrate into the community and navigate treatment and employment.

Without transitional living, which could have been at risk with deeper budget cuts, Funke said individuals would risk housing insecurity and an increased chance of reoffending.

Last year, the state probation system launched a grant-funded project in Douglas, Hall and Buffalo Counties for a specialized model of supervising emerging adults, aged 18-25. It’s an age group Funke said stands out as the most “overrepresented” in the state’s justice system. 

Of adults in that age group at higher risk to reoffend nationally, two in five complete probation.

Outcomes from the project are “promising,” Funke said, and more than 60% of participants have not been in “violation status” or arrested on new allegations. The chief justice said state probation systems in South Dakota and Massachusetts now follow Nebraska’s model.

A separate grant from the State Justice Institute, in partnership with Douglas County judges and court staff, also continues to develop plain-language instructions and court forms so people without attorneys can more seamlessly navigate the judicial branch themselves.

Judicial Branch Budget

Nebraska Gov. Jim Pillen attempted to veto about $12 million from the judicial branch budget in 2025. The Legislature said the line-item veto had been returned in a way that made it unconstitutional, and Pillen dropped the matter before it escalated to a legal fight, possibly in front of Funke’s court. 

Court officials estimated the veto would have closed four problem-solving courts; all transitional housing reimbursements for adults on probation, post-release supervision or using problem-solving courts for that purpose; and non-required services for juvenile probation, as well as a reduction in reimbursement for placing those youths.

While Pillen suggested he might seek to trim the court budget again this year, Funke’s branch instead found “efficiencies” to contribute to the budget and mitigate cuts.

State Sen. Rick Holdcroft of Bellevue has also introduced Legislative Bill 1228, at Pillen’s request, which would establish a new baseline “state docket fee” on civil cases and traffic misdemeanors or infractions. 

The fee would be $38 for small claims, $61 in traffic cases, $70 in civil cases in county courts or separate juvenile courts and $116 in civil cases in district court or before the Supreme Court.

Funke, noting the judicial branch understands tax revenues are on the decline and additional funding is limited, said he trusts LB 1228 and the budget reductions will be a “reasonable method to ensure all services are not sacrificed and public safety is not compromised.”

The chief justice has repeatedly said the branch has “exhausted” its available resources at the request of the governor and the funding decisions of the Legislature.

One increasing cost for the courts has been interpreters. The branch offered interpretation for 71 different languages at more than 22,000 interpreting events last year.

The court is implementing a training program designed to increase local interpreter services as costs continue to increase for services, partly due to the need to seek out-of-state interpreters.

‘JUSTICE 2.0’

Funke on Thursday also highlighted the judicial branch’s steps for a modernized online case management system, known now as “JUSTICE.” The effort is known as “JUSTICE 2.0.”

The new system is anticipated to streamline court processes, incorporate electronic exhibit use and retention, facilitate an electronic jury management system, simplify accurate data collection and dissemination, refine the process of collecting court fees and fines and improve communication with court users.

JUSTICE was first implemented in 1994, and Funke said it has saved millions in tax dollars. 

However, tens of millions more dollars are needed to complete the modernization. The courts will first seek increased rates to search court case information, the new docket fee specifically to maintain JUSTICE and file applications for grant funding before seeking new tax dollars in 2027.

Funke thanked state lawmakers for funding his branch in 2025 amid “enormous pressure” in creating the state budget and said the branch remains willing to assist in budgetary matters.

“Over the years, when the three branches of state government communicate well and appreciate the good work of each other, we are all successful,” Funke said. “This year provides us another opportunity to find innovative ways to serve our beloved state.”

This story was published by Nebraska Examiner, an editorially independent newsroom providing a hard-hitting, daily flow of news. Read the original article: https://nebraskaexaminer.com/2026/01/22/chief-justice-highlights-successes-savings-of-nebraska-judicial-branch-in-annual-address/