23-1201.02. County attorney; qualifications; exception.
242 words·~1 min read·
/ne/chapter-23/23-1201-02A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)No person shall seek nomination or appointment for the office of county attorney in counties of Class 4, 5, 6, or 7, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state for at least two years next preceding the date such person would take office and has practiced law actively in this state during such two-year period, except that if no person who meets the requirements of this subsection has filed for or sought such office by the filing deadline for nomination or by the deadline for applications for appointment, the provisions of this subsection shall not apply to any person seeking such office.
(2)No person shall seek nomination or appointment for the office of county attorney, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state.
(3)The classification of counties in section 23-1114.01 applies for purposes of this section.
An attorney's providing legal advice to an organization on a routine basis regarding various matters satisfies the "practiced law actively" requirement. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
"Practiced law actively" means engaged in giving advice or rendering such service as requires the use of any degree of legal knowledge or skill and doing so on a daily or routine basis. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).