29-2315.02. Error proceedings by county attorney; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.

203 words·~1 min read·/ne/chapter-29/29-2315-02

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

If the application is granted in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case against the prosecuting attorney. If the public defender declines the appointment because of a conflict of interest, the court shall appoint another attorney. An attorney other than the public defender appointed under this section shall file an application for fees and expenses in the court which appointed such attorney for all fees and expenses reasonably necessary to permit such attorney to effectively and competently represent the defendant and to argue the case against the prosecuting attorney.

Such fees and expenses shall be paid out of the treasury of the county in the full amount determined by the court. If the court does not find a defendant indigent and does not appoint the public defender or another attorney, the defendant may be represented by an attorney of the defendant's choice.

Appeal cannot be taken by state from interlocutory ruling of trial court in criminal proceeding. State v. Taylor, 179 Neb. 42, 136 N.W.2d 179 (1965).