Filing structure for Nebraska RFRA Challenge

When in Rome….

FILING PACKAGE — COMPLETE STRUCTURE

1. Motion (Captioned, Filed in Your Criminal Case)

Title:

Motion to Modify Conditions of Probation Pursuant to Nebraska Religious Freedom Act (Neb. Rev. Stat. §§ 20-403 to 20-404) and Neb. Rev. Stat. § 29-2263

What it asks for (clean framing):

A narrow, as-applied modification of one probation condition on RFRA grounds, with a proposed alternative condition attached, so the court can determine whether the current condition is the least restrictive means of furthering supervision goals.

2. Memorandum of Law (Attached)

I. Nebraska RFRA Applies to Probation Conditions

Probation conditions are state action. Nebraska RFRA imposes strict scrutiny when state action substantially burdens religious exercise.

II. The Challenged Condition Substantially Burdens Defined Religious Exercise

Identify the specific condition challenged. Explain (factually, neutrally) how compliance coerces abandonment of a defined religious exercise. Attach sworn declaration(s).

III. The State’s Interests Are Compelling, But the Current Condition Is Not the Least Restrictive Means

Acknowledge compelling interests (rehabilitation, public safety, supervision). Explain, at a high level, that less-restrictive alternatives exist that can satisfy those interests without imposing the same burden.

IV. As-Applied Relief Is Appropriate

Emphasize this is narrow, individualized, and not a facial attack. The court has statutory authority to modify conditions.

V. Proposed Modified Condition Satisfies Supervision Goals

Attach a neutral, compliance-oriented proposed condition (see Section C).

3. Declarations (Sworn)

Declaration of Religious Exercise

Identity of the religious practice Written doctrine (attached) Centrality of the practice Continuity and sincerity How the challenged condition burdens the exercise

(Optional) Supporting declarations (e.g., clergy/organizational attestations).

4. Exhibits

Written doctrine / governing documents Organizational structure (if applicable) Proposed modified condition (Exhibit A)

B. WHAT YOUR DOCTRINE / RECORD MUST SHOW

Courts look for structure, not personal narrative:

Defined theology (written) Centrality of the practice Continuity (ongoing) Governance / accountability (if organizational) Non-pretextual posture (not recreational; compliance-oriented) Willingness to operate within lawful accommodation

C. PROPOSED MODIFIED CONDITION — NEUTRAL TEMPLATE

Proposed Condition (Draft for Court Consideration):

“The defendant shall comply with all probation conditions. In light of a substantiated RFRA claim, the defendant is subject to a modified supervision condition that maintains public-safety and rehabilitation objectives while accommodating defined religious exercise as described in the record. The defendant shall comply with all court-ordered monitoring, reporting, location, quantity, non-distribution, and compliance safeguards as directed by the Court and Probation. Any violation of these safeguards constitutes a violation of probation.”

(This is a neutral, compliance-first template the court can tailor. It avoids any operational “how-to.”)

D. WHAT YOU DO NOT ARGUE

Politics, legalization debates Attacks on the court or probation Personal grievances Broad facial invalidation Anything suggesting defiance of supervision

RFRA cases survive on procedural narrowness and alternatives, not philosophy.

E. PROCEDURAL NOTES (SAFE, HIGH-LEVEL)

File in the sentencing court under § 29-2263 (modification authority). Serve probation and the prosecutor. Request a hearing if the court requires fact-finding. Keep everything neutral, documented, and narrow.