Judiciary Committee weighs governor-backed plan to raise filing fees and create state docket fee to fund court operations and an IT upgrade
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Summary
LB12-28 (AM1887) would add a state docket fee and raise many civil and traffic filing fees to generate about $14.4 million annually so courts can reduce general-fund reliance and fund a multi-year justice case-management upgrade; proponents said fees bring Nebraska in line with neighbors, while opponents warned the scale would impede access to justice for low-income residents and small businesses.
Senator Rick Holdcroft presented LB12-28 (AM1887), a measure requested by the governor and coordinated with the state Supreme Court, to create a state docket fee and increase a broad set of civil and traffic filing fees. State budget administrator Neil Sullivan told the committee the change is projected to generate about $14.4 million per year, with roughly $3 million dedicated to a multi-year Justice Case Management System upgrade and the remainder offsetting general-fund court operations.
Corey Steele, Nebraska State Court Administrator, said the branch's current digital case-management system is outdated and estimated a full upgrade could cost roughly $70 million; Steele said a multi-year approach with pooled funding (fee revenue, grants, and some general-fund appropriations) is planned and that courts can still waive fees for individuals who qualify. "We're going to parcel that out over those years," Steele said, calling the upgrade a five- to seven-year project.
Opponents including the ACLU of Nebraska and the Nebraska Criminal Defense Attorneys Association argued the proposed fee increases are disproportionate and would act as a user tax that threatens access to justice—particularly for low-income litigants, domestic-violence victims and small businesses that rely on civil courts to enforce rights. Business groups and collections attorneys told the committee the proposed percentage increases (over 100% in some categories) could deter filings and shift costs onto municipalities and the people least able to pay.
The Nebraska State Bar Association testified neutral: it prefers general-fund support for courts but recognized the urgent need for a case-management upgrade and the practical difficulty of replacing the projected $11.4 million general-fund reduction identified in the governor's budget. Committee members asked about sunsets, waiver rates, the effect of revenue volatility if filings decline, and how much of the fee revenue would be dedicated to the upgrade vs. ongoing operations.
No vote was taken on Jan. 30. The committee held extensive debate about the balance between stable court funding and preserving broad access to civil justice.
