71-946. Appointment of counsel; procedure.

318 words·~1 min read·/ne/chapter-71/71-946

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

(1)The appointment of counsel under section 71-945 shall be in accordance with this section.

(2)In counties not having a public defender, upon the receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the district judge or the county judge of the county in which the proceedings are pending of the receipt of such certificate. The judge to whom the certificate was issued shall appoint an attorney to represent the person concerning whom an application is filed before the mental health board, whereupon the clerk of the court shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board. The clerk of the district court or the clerk of the county court shall also keep and maintain a record of all appointments which shall be conclusive evidence thereof. All appointments of counsel under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act may be made at any time or place in the state.

(3)In counties having a public defender, upon receipt from the mental health board of a certificate for the appointment of counsel, the clerk of the district court shall notify the public defender of his or her appointment to represent the person and shall enter upon the certificate the name of the attorney appointed and deliver the certificate of appointment of counsel to the mental health board.

(4)(a) For purposes of this section, county conflict counsel has the same meaning as in section 29-3934 .

(b)This subsection only applies to a county that has county conflict counsel.

(c)When appointing counsel other than the public defender to represent a subject, the court shall appoint county conflict counsel, unless such counsel cannot represent the subject due to conflicting interests or for other good cause shown.