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LB 216

Eliminate elected clerks of the district court, provide for consolidation of duties of court clerks and clerk magistrates, and change certain county employees to state employees

109th Legislature (2025-2026) Introduced by Myron Dorn and 1 co-sponsor

LB 216 unifies Nebraska court clerks under the Supreme Court, transferring district/clerks to state employees by 2027, reshaping offices, pay, and retirement for counties.

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Bill Summary · LB 216

LB 216 – Summary

Purpose and intent
- LB 216 aims to unify Nebraska’s judicial administration under the Nebraska Supreme Court and Chief Justice. It would shift the administration of clerk duties from elected county offices to state employment within the Supreme Court, with a broader goal of consolidating duties across clerks of the district court and clerk magistrates.

Key provisions and changes
- Transfer of duties (operational shift)
- Beginning January 1, 2026, counties where the county clerk currently serves as ex officio clerk of the district court would transfer those duties to the county’s clerk magistrate.
- The plan envisions consolidating the duties of the clerk of the district court and the clerk magistrate into a single “clerk of the district and county courts,” subject to a consolidation plan approved by the Supreme Court.

  • Consolidation planning process

    • The Supreme Court may request judges to develop a consolidation plan in consultation with clerk magistrates.
    • The plan must address office space, facilities, assignment of duties, administration, and personnel structure, with public and attorney input.
    • The plan must be submitted to the State Court Administrator within 120 days of the request; a majority of affected judges must approve the plan before submission. If no plan is submitted, the Supreme Court will develop a substitute plan.

  • Transition to state employment

    • Starting January 7, 2027, all elected clerks of the district courts and their employees would become state employees under the Supreme Court.
    • The State would directly pay salaries, benefits, and expenses of transferred clerks and employees; counties may need to provide information on accrued leave.
    • Transferred personnel would not suffer income loss due to the transition; new or adjusted positions linked to the clerk function would be at the Supreme Court’s discretion.
    • Retirement benefits: For counties with large cities (metropolitan/primary class), special retirement provisions apply; the bill seeks to protect accrued benefits and outline cost-sharing for retirement contributions.

  • Records, property, and costs

    • County-owned furniture, computers, and equipment used for district court functions would remain with the county.
    • Books, files, and records used for district court functions would transfer to the State Court Administrator.
    • Counties would bear costs for establishing and maintaining appropriate office space for the clerk of the district and county courts.
    • Some costs related to district and juvenile court operations would be covered by the state.

  • Additional administrative aspects

    • Clerks and employees who become state employees would take an oath required for district court judges.
    • Provisions related to retirement system participation, transfer of benefits, and related policy details are included, with specific adjustments for certain county types.
    • The bill is intended to be effective with an emergency clause, subject to legislative action.

Affected entities
- Elected clerks of the district court and their county employees (state retirement and employment status would change).
- Clerk magistrates and county courts as the consolidation moves forward.
- County governments (space, facilities, and transitional costs).
- The Nebraska Supreme Court and State Court Administrator (administrative oversight, staffing, and budgeting).

Procedural timeline
- Introduced January 14, 2025.
- Notice of hearing set for February 13, 2025 (Judiciary Committee, chaired by Senator Carolyn Bosn).
- Operational and implementation milestones:
- January 1, 2026: Start of duty transfer in applicable counties.
- January 7, 2027: All elected clerks and employees become state employees.
- Consolidation plan process to be completed within the timelines specified (submission within 120 days of request, with Supreme Court approval required).

Notes
- The bill would repeal or modify several existing statutes to align with the new structure and responsibilities, and includes provisions on oaths, employee retirement, and cost-sharing for transition-related expenses.

Compiled from official sources — confirm details with the bill’s official record.

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