§ 6-1454.Criminal proceedings before clerk magistrates.

Not every step in a criminal case needs a judge. § 6-1454 spells out what a clerk magistrate can do on their own authority. Under the waiver schedule the Nebraska Supreme Court approves, a clerk magistrate can accept a guilty plea and impose the scheduled fine for any offense on that list, without a judge ever getting involved.

Beyond simple waivers, clerk magistrates can conduct arraignments and take pleas of guilty, not guilty, or nolo contendere on any waiverable offense, and on any other infraction, misdemeanor, or city ordinance violation. They can also impose penalties — including probation — on infractions, Class III, IV, or V misdemeanors, first-offense Class W misdemeanors, or ordinance violations, so long as the penalty stays within statutory limits and never includes jail time. Every arraignment a clerk magistrate conducts has to be recorded, and each presiding judge supplies a written, verbatim script the clerk magistrate must follow, so the defendant hears the charge, the statutory language describing the offense, the possible penalties, and the constitutional rights at stake, the same way every time.

When a case cannot be wrapped up on the spot, the clerk magistrate handles the logistics of keeping it moving: ordering the defendant back on a specific date, and either releasing the defendant or setting bond with appropriate conditions as state law allows. Anything else a clerk magistrate does in a criminal case falls back on whatever state statute governs that duty.