A Day in the Life: The State Attorney's Office

Working at the State Attorney’s Office this summer has been such a fantastic experience so far.  I have been fortunate enough to be placed in the White Collar Crime unit, and they have let me very hands on.  All of the people (paralegals, lawyers, secretaries, etc.) have been very friendly and helpful.  My favorite part of my internship so far has been reading official investigative documents and evidence.  One of the tasks that I do is synthesize large amounts of evidence to manageable chunks to help the state attorneys with their case load.  It is really interesting to listen to witness interviews, and I am quite the transcriber these days!

I am also fortunate enough to be able to attend court proceedings—sometimes invited by an attorney, and sometimes just for myself.  The attorneys encourage me to observe any cases that I am interested in, regardless of the department that has the case.  No, being in court is not as dramatic as Law & Order makes it seem, but it is very exciting nonetheless.  The judges have no tolerance for shenanigans in the courtroom, so if you rub them the wrong way, they will use their authority.  And, anything from negotiations to witness statements can have you on the edge of your seat.  There have even been some surprise reveals, but not as “plot-twisting” as the ones written into the script of a television show.

The most exciting accomplishment that I have had so far is a chart that I created for a bank statement has been given to a jury to illustrate the deposit and withdrawal of money.  A real jury is going to see my work!  I do not have a by-line or anything, but knowing that my work will make that much of a difference and an impact is gratifying.  That is not to say that everything I generate is perfect on the first try.  I am human, I make mistakes, but the attorneys here have taught me things that I do not think I could have ever learned in the classroom setting.  If you have an opportunity to get some real-world experience, I would definitely take it.  It does not matter who you work for or what you do.

My research skills have been put in use quite a bit in this position.  I have to look up statutes and previous case law all of the time in order to make sure that we have covered all of the elements of crimes and prepare before the cases go to trial.  You never want to be unprepared in court.  Sometimes that is easier said than done when investigators bring you six giant binders full of all of the evidence for a case and different documents that are necessary.  You never know what and how the different things you learn in school are going to come in handy.

 

Hope you are enjoying your summer!

 



Advice from the Nebraska Supreme Court

I will be the first to tell you, spring semester was intense. Especially during the last month prior to finals. However, in the middle of everything - way back in the first week of April -  I was lucky to have one of the coolest experiences of my young law school career. The Nebraska Supreme Court held a session of oral arguments in our Gross Appellate Courtroom at Creighton University School of Law. Granted, as a 1L my attendance was required by our Legal Research & Writing professors, it was something I was certainly glad to have been a part of.

Luckily, the court allowed us to have pen and paper available in the courtroom and I was going to write this whole long post about every case that was argued before I decided...you don't want to hear all that.

But, what I do bring to you...is the advice of the Justices that I gathered from the after argument Q&A session.

The Nebraska Supreme Court

The Court is made up of seven justices. However, due to the death of one justice - and the unexpected resignation of another - the Court only had five sitting justices, a district court judge and judge from the Court of Appeals.

The Court was composed of the following justices during the arguments I saw:

Chief Justice Michael Heavican

Justice Stephanie Stacy

Justice Lindsey Miller-Lerman

Justice William Cassel

Justice Jeffrey Funke

They were joined by district court judge Stefanie Martinez, from the 2nd Judicial District and judge Francie Riedmann from the Court of Appeals, 3rd Judicial District.

Q&A Session

Questions were asked of the justices by the Creighton School of Law, Class of 2020. The questions, and their answers - to the best of my note taking ability - are here below.

Q: Is more weight given to the written briefs that are submitted, or to the oral argument?

A: Justice Miller-Lerman: "Everything.

A: Justice Cassel: "You can't have an oral argument bring new matters that aren't mentioned in the brief."
A: Justice Funke: "Briefs are important as they are always reviews, but oral argument expands on that."
A: Justice Stacy: "We do re-listen to arguments [arguments are recorded] to confirm our approach to the case."

Q: What are the next steps for the Court after oral argument?

A: Justice Cassel: "We talk about the case. The judge who will author the opinion, the author judge, is assigned by the court clerk and the writing imposes a discipline that is integral to the decision process. It requires careful thought."

A: Justice Funke: "I need to see the opinion written. I may or may not be on board."

Q: Does Nebraska exercise de novo review?

A: Justice Funke: "We do for juvenile cases, domestic cases and for abuse of discretion."

A: Justice Cassel: "Everyone on the court uses heading for standards of review and the standard is usually controlling."

Q: Is it a pet peeve when someone does not give a direct answer to a question?

A: Justice Miller-Lerman: "It is never a trivial question and the judge is confused."
A: Justice Cassel: "There was a lawyer yesterday where I asked, 'So the answer is yes?'"

A: Justice Stacy: "Just answer the question!"

Q: Do you have a preference in regards to the presentation?

A: Justice Stacy: "Sometimes lawyers tell too much, thinking we haven't read the brief. But, persuasion starts with high points. A roadmap helps for the queue of questions; what is most persuasive?"

A: Chief Justice Heavican: "It is important when arguing that you know it is your opportunity to discuss what is most important in your case."

Q: How do you prepare for oral arguments? If you had an extra hour in the day, what would you do with it?

A: Justice Miller-Lerman: " Go to bed earlier. Read briefs for strength and give the research to the law clerks."
A: Chief Justice Heavican: "Key cases that are cited will be reviewed."
A: Justice Cassel: "Read as much of the record as is appropriate."

A: Justice Funke: "I read the record, pleadings by attorneys and transcripts. Were the questions and affirmative defenses framed correctly. There are two types of law clerks: career clerks and term clerks. Career clerks stay with a particular judge for a long period of time while term clerks are usually fresh out of law school, they just passed the bar. For Nebraska, term clerks for the Supreme Court clerk for two years"

A: Justice Stacy: "Author judge prepares the bench brief to help the other justices be well informed."

Overall, it was a very interesting perspective to have. I encourage all of our readers to check your local court calendars - Supreme Court or Court of Appeals - and see when they hold oral arguments and check them out if you can! It is definitely an experience in and of itself that is completely different from being in trial courts or even in school competitions.

Hopefully, these answers help you see how the Justices on one state Supreme Court see their job.

Stay classy everyone!

~BlueJayLawGirl