29-4903. County with population of one hundred thousand or more; prosecuting agency; duties; reviewing Brady-Giglio disclosures; advisory committee; applicability; confidentiality.
562 words·~3 min read·
/ne/chapter-29/29-4903A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(1)(a) This section applies to any county with a population of one hundred thousand or more inhabitants.
(b)For a county which includes a city of the metropolitan or primary class, the county attorney and city attorney of such city shall operate under an interlocal agreement to fulfill the requirements of this section.
(2)Before a prosecuting agency names an officer in a Brady-Giglio disclosure, the prosecuting agency shall fulfill the requirements of this section.
(3)(a) The prosecuting agency shall create an informal advisory committee for evaluating possible Brady-Giglio disclosures. The advisory committee shall provide recommendations to county attorneys, city attorneys, and special prosecutors within the county. Each such prosecuting agency retains ultimate discretion on whether to name an officer in a Brady-Giglio disclosure.
(b)(i) For a county which includes a city of the metropolitan class or primary class, the advisory committee shall be comprised of two prosecutors appointed by the county attorney and two prosecutors appointed by the city attorney for such city.
(ii)For any other county with a population of one hundred thousand or more inhabitants, the advisory committee shall be comprised of four prosecutors appointed by the county attorney, with two of such prosecutors being from jurisdictions within the county and two prosecutors from jurisdictions in any other Nebraska county or counties.
(4)Each prosecuting agency shall adopt a process for reviewing and making determinations for prospective Brady-Giglio disclosures that includes the following provisions:
(a)The prosecuting agency shall provide an officer with written notice, including the proposed rationale, before determining whether such officer is subject to a prospective Brady-Giglio disclosure. An officer shall have the right to be represented by counsel at every stage of determination under this subsection;
(b)The prosecuting agency shall provide the officer with a reasonable opportunity to respond to the proposed determination;
(c)(i) If an officer in good faith contests the proposed determination, the prosecuting agency shall request the advisory committee to make a recommendation on whether to name the officer in a prospective disclosure.
(ii)The prosecuting agency shall provide the advisory committee with materials that support or corroborate naming the officer in such prospective disclosure and any exculpatory materials provided by the officer.
(iii)The advisory committee may request further information from the officer or prosecuting agency, including oral testimony from the officer, and may conduct an informal hearing.
(iv)The advisory committee shall make a recommendation to the prosecuting agency as to whether a prospective disclosure is required under Brady-Giglio case law and shall provide written notice of such recommendation to the prosecuting agency; and
(d)The prosecuting agency shall consider, but is not bound by, the recommendation of the advisory committee. Upon the prosecuting agency making a final decision on whether to name such officer in a prospective Brady-Giglio disclosure, the prosecuting agency shall provide written notice to the officer of its final decision.
(5)The requirements of this section apply to any officer subject to a prospective Brady-Giglio disclosure made on or after October 1, 2026. This section applies even if an officer was named in a related or similar Brady-Giglio disclosure prior to October 1, 2026, unless such officer has already received notice and an opportunity to be heard substantially similar to that required under this section.
(6)Evidence presented to an advisory committee under this section shall be kept confidential unless otherwise provided by law.