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NE LB859

NE LB859
Provide for county conflict counsel to represent certain indigent persons when the public defender is unavailable


summary

Introduced
01/08/2026
In Committee
01/12/2026
Crossed Over
Passed
Dead

Introduced Session

Potential new amendment
109th Legislature

Bill Summary

A BILL FOR AN ACT relating to courts; to amend sections 29-3901, 29-3904, 29-3905, 29-3918, 43-273, 71-946, 71-947, and 71-948, Reissue Revised Statutes of Nebraska, and sections 29-3903, 29-3922, and 43-272, Revised Statutes Cumulative Supplement, 2024; to require courts to appoint county conflict counsel when the public defender is unavailable as prescribed; to define terms; to change provisions relating to allowance of fees for counsel; to harmonize provisions; and to repeal the original sections.

AI Summary

This bill establishes the role and responsibilities of "county conflict counsel," which are attorneys hired or contracted by a county to represent individuals who would normally be represented by the public defender but cannot be due to conflicts of interest or other valid reasons determined by the court. The bill mandates that when a county establishes county conflict counsel, it must notify relevant court officials and boards. These conflict counsel will represent indigent individuals in the same way as public defenders, with those in counties over 170,000 inhabitants required to work full-time and not practice law privately. The bill also clarifies that county conflict counsel cannot accept fees from clients they are appointed to represent. It amends existing laws to integrate the concept of county conflict counsel into the procedures for appointing legal representation for indigent defendants in criminal cases, juvenile proceedings, and mental health commitment cases, ensuring that courts appoint county conflict counsel when the public defender is unavailable, unless there's a conflict or other good cause. The bill also makes technical changes to definitions and procedures related to legal representation for indigent individuals and repeals the original sections of law that are being amended.

Committee Categories

Justice

Sponsors (1)

Last Action

Judiciary Hearing (13:30:00 2/11/2026 Room 1525) (on 02/11/2026)

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