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Code · Nebraska · Chapter 43 — Infants and Juveniles

43-273. Appointed counsel and guardians ad litem; fees; allowance.

260 words·~1 min read·/ne/chapter-43/43-273

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

(1)Counsel and guardians ad litem appointed outside of the guardian ad litem division as provided in section 43-272 shall apply to the court before which the proceedings were had for fees for services performed. The court upon hearing the application shall fix reasonable fees. The county board of the county wherein the proceedings were had shall allow the account, bill, or claim presented by any attorney or guardian ad litem for services performed under section 43-272 in the amount determined by the court. No such account, bill, or claim shall be allowed by the county board until the amount thereof shall have been determined by the court.
(2)This section does not apply to the public defender or to county conflict counsel as defined in section 29-3934 .
Orders fixing fees for a court-appointed counsel in juvenile cases are final orders because they are made in a special proceeding and affect a substantial right. In re Claim of Roberts for Attorney Fees, 307 Neb. 346, 949 N.W.2d 299 (2020).
This section does not require that a county be notified when a fee application is filed by court-appointed counsel, nor does it require that an evidentiary hearing be routinely held on such an application. In re Claim of Roberts for Attorney Fees, 307 Neb. 346, 949 N.W.2d 299 (2020).
When a juvenile case is appealed, the appointed counsel should apply to the juvenile court, not the appellate court, for payment of services performed on appeal. In re Claim of Roberts for Attorney Fees, 307 Neb. 346, 949 N.W.2d 299 (2020).
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