29-3934. County conflict counsel; employment or contract; duties; fees prohibited.
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/ne/chapter-29/29-3934A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)For purposes of this section, county conflict counsel means an attorney licensed to practice law in this state who is employed by the county or has a contract with the county to provide legal representation to clients who would normally be represented by the public defender, but for whom the public defender is unable to provide such representation due to conflicting interests or due to other good cause as determined by the court.
(2)(a) In any county with a public defender and a population of one hundred thousand or more inhabitants, the county may employ one or more county conflict counsel.
(b)In any county with a public defender and a population of less than one hundred thousand inhabitants, the county may employ or contract for one or more county conflict counsel.
(3)When a county first employs or contracts for county conflict counsel, the county board shall immediately provide written notice of such employment or contract to:
(a)Each presiding judge of the county court and district court of such county;
(b)Each presiding judge of any separate juvenile court of such county;
(c)Each child support referee appointed in such county; and
(d)The clerk of the district court on behalf of the mental health board with jurisdiction within such county.
(4)It shall be the duty of county conflict counsel to provide representation to indigent individuals in the same manner as the public defender.
(5)In a county with a population of more than one hundred seventy thousand inhabitants, any county conflict counsel shall devote his or her full time to the legal work of representing indigent individuals as provided in this section and shall not engage in the private practice of law.
(6)No county conflict counsel shall solicit or accept any fee, other than compensation from the county, for representing an indigent individual that such counsel has been appointed to represent.