reglab/housing_qa huggingface dataset:
NE Code § 29-3904 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3904 - Appointment of other counsel; when.

29-3904.  Appointment of other counsel; when.(1) Nothing in sections 23-3402, 29-3902, and 29-3903 shall prevent any judge from appointing counsel other than the public defender or other substitute counsel when the public defender or counsel initially appointed might otherwise be required to represent conflicting interests or for other good cause shown, from not appointing any counsel for any indigent felony defendant who expressly waives his or her right to such counsel at any stage of felony proceedings, or from appointing the public defender or other counsel as may be required or permitted by other applicable law.(2) In selecting counsel to represent an indigent felony defendant, the prosecuting attorney shall not have any role whatsoever in the selection or appointment process of the counsel by the court, including, but not limited to, any individual appointment suggestions.Source   Laws 1972, LB 1463, § 7;   Laws 1979, LB 241, § 4;   R.S.1943, (1989), § 29-1804.08;   Laws 1990, LB 822, § 22;  Laws 2003, LB 610, § 1.
NE Code § 29-3905 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3905 - Appointed counsel; fees and expenses.

29-3905.  Appointed counsel; fees and expenses.Appointed counsel for an indigent felony defendant other than the public defender shall apply to the district court which appointed him or her for all expenses reasonably necessary to permit him or her to effectively and competently represent his or her client and for fees for services performed pursuant to such appointment, except that if the defendant was not bound over for trial in the district court, the application shall be made in the appointing court. The court, upon hearing the application, shall fix reasonable expenses and fees, and the county board shall allow payment to counsel in the full amount determined by the court.Source   Laws 1972, LB 1463, § 11;   Laws 1979, LB 241, § 5;   R.S.1943, (1989), § 29-1804.12;   Laws 1990, LB 822, § 23.  Annotations Either appointed counsel or the county involved may appeal to the Supreme Court from an order determining the amount of fees and expenses allowed appointed counsel under this section. In re Claim of Rehm and Faesser, 226 Neb. 107, 410 N.W.2d 92 (1987).
NE Code § 29-3906 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3906 - Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation.

29-3906.  Misdemeanor defendant; indigent; counties with no public defender; court-appointed counsel; compensation.In counties not having public defenders, the court may appoint an attorney licensed to practice law in this state to represent any indigent person who is charged with a misdemeanor offense punishable by imprisonment. When such a defendant asserts indigency, the court shall make a reasonable inquiry to determine the defendant's financial condition and may require him or her to execute an affidavit of indigency. Attorneys appointed pursuant to this section shall be compensated in the manner provided by section 29-3905 with application being made to the appointing court.Source   Laws 1975, LB 285, § 3;   Laws 1979, LB 241, § 6;   R.S.1943, (1989), § 29-1804.13;   Laws 1990, LB 822, § 24.
NE Code § 29-3907 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3907 - Counsel; right to consult with accused privately.

29-3907.  Counsel; right to consult with accused privately.Any public defender, assistant public defender, or other attorney representing an indigent felony defendant who is incarcerated by law enforcement officers or other government officials without bond or in lieu of bond shall have full access to and the right to consult privately with such defendant at all reasonable hours.Source   Laws 1972, LB 1463, § 8;   R.S.1943, (1989), § 29-1804.09;   Laws 1990, LB 822, § 25.
NE Code § 29-3908 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3908 - Indigent; reimburse county for costs; when.

29-3908.  Indigent; reimburse county for costs; when.Whenever any court finds subsequent to its appointment of the public defender or other counsel to represent a felony defendant that its initial determination of indigency was incorrect or that during the course of representation by appointed counsel the felony defendant has become no longer indigent, the court may order such felony defendant to reimburse the county for all or part of the reasonable cost of providing such representation.Source   Laws 1972, LB 1463, § 9;   R.S.1943, (1989), § 29-1804.10;   Laws 1990, LB 822, § 26.  Annotations  An order finding a defendant to be indigent and appointing appellate counsel at the county's expense did not affect a substantial right of the parties and was not a final order for purposes of appeal, where the order did not obligate the county to pay any specific amount or set a deadline for payment, such determinations were to be the subject of future proceedings addressing the question of reasonable attorney fees, and the State had the ability to challenge the findings of indigency and recoup any subsequently expended funds from the defendant. State v. Fredrickson, 305 Neb. 165, 939 N.W.2d 385 (2020). This section does not require parents to pay their child's legal fees unless it is shown that the parents refused to provide necessary legal services. County of York v. Johnson, 206 Neb. 200, 292 N.W.2d 31 (1980).
NE Code § 29-3909 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3909 - Judicial district public defender; established.

29-3909.  Judicial district public defender; established.There is hereby established the office of judicial district public defender subject to the provisions of sections 29-3910 to 29-3918.Source   Laws 1969, c. 234, § 1, p. 863;   R.S.1943, (1989), § 29-1805.01;   Laws 1990, LB 822, § 27.
NE Code § 29-3910 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3910 - Judicial district public defender; determination; district judge; conditions; certification to Governor; salary.

29-3910.  Judicial district public defender; determination; district judge; conditions; certification to Governor; salary.Whenever the district judge or judges determine that a public defender should be named for his, her, or their judicial district, as provided in section 24-301.02, the fact of such determination shall be certified to the Governor. In making the determination, the judge or judges shall consider (1) the number of indigent persons in the district for whom appointment of counsel was necessary in the preceding year, (2) the number and geographic distribution within the district of attorneys available for appointment as counsel on an individual case basis, and (3) the relative expense of providing counsel for the indigent on an individual case basis as compared to the expense of providing a public defender.At the time of making the determination, the judge or judges shall also fix the salary of the public defender and make a determination whether the office shall be full time or part time. For succeeding terms the district judge or judges shall fix the salary of the public defender at least sixty days prior to the closing of filings for the primary election for such office. All salary determinations shall be filed with the clerk of the district court of each county in the district and shall be available for public inspection.When it is deemed desirable to have the same public defender for more than one judicial district, the same may be accomplished by having the district judges concerned jointly make the determinations provided for in sections 29-3910 to 29-3918.Source   Laws 1969, c. 234, § 2, p. 863;   R.S.1943, (1989), § 29-1805.02;   Laws 1990, LB 822, § 28.
NE Code § 29-3911 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3911 - Judicial district public defender; appointment; salary; payment.

29-3911.  Judicial district public defender; appointment; salary; payment.Within thirty days following receipt of a certification as provided in section 29-3910, the Governor shall authorize the judge or judges to appoint a public defender for the district. The salary and all expenses, including trial expense and expert witness fees, of the judicial district public defender shall be paid out of funds appropriated to the office of Governor for that purpose.Source   Laws 1969, c. 234, § 3, p. 864;   R.S.1943, (1989), § 29-1805.03;   Laws 1990, LB 822, § 29.
NE Code § 29-3912 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3912 - Judicial district public defender; office; equipment; personnel.

29-3912.  Judicial district public defender; office; equipment; personnel.If necessary office space is not available in a courthouse within the district, the judicial district public defender may rent or lease such space. He or she may also purchase, through the materiel administrator of the Department of Administrative Services, necessary furniture, equipment, books, stationery, and other supplies necessary for the operation of the office. The public defender may employ, with the approval of the appropriate district judge or judges, necessary assistant public defenders and other employees at salaries which are to be approved by the judge or judges. Such judge or judges shall also determine whether assistant public defenders and other employees are to be part time or full time. Public defenders may employ law students authorized by the Supreme Court to engage in a limited form of the practice of law and may enter into agreements with law schools to provide clinical training for their students under the provisions of the Higher Education Act of 1965 and other similar federal programs.Source   Laws 1969, c. 234, § 4, p. 864;   R.S.1943, (1989), § 29-1805.04;   Laws 1990, LB 822, § 30;  Laws 2000, LB 654, § 1.
NE Code § 29-3913 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3913 - Judicial district public defender; election; term.

29-3913.  Judicial district public defender; election; term.The successor to the judicial district public defender initially appointed shall be elected at the next general election and shall take office at the same time as other elected state officers. The term of office of an elected judicial district public defender shall be four years. With the exception of being nominated and elected within their respective districts, candidates for such office shall be nominated and elected as nearly as may be practicable in the same manner as candidates for the office of Governor. Candidates for such office shall file with the Secretary of State as provided in section 32-607 and pay the filing fee provided in section 32-608.Source   Laws 1969, c. 234, § 5, p. 864;   R.S.1943, (1989), § 29-1805.05;   Laws 1990, LB 822, § 31;   Laws 1994, LB 76, § 550.
NE Code § 29-3914 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3914 - Judicial district public defender; qualifications.

29-3914.  Judicial district public defender; qualifications.A judicial district public defender shall be a lawyer duly admitted to and engaged in the practice of law in Nebraska.Source   Laws 1969, c. 234, § 6, p. 865;   R.S.1943, (1989), § 29-1805.06;   Laws 1990, LB 822, § 32.
NE Code § 29-3915 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3915 - Persons entitled to representation.

29-3915.  Persons entitled to representation.The following persons who are financially unable to obtain counsel shall be entitled to be represented by a judicial district public defender:(1) A person charged with a felony, including appeals from convictions for a felony;(2) A person pursuing a postconviction proceeding under sections 29-3001 to 29-3004 after conviction of a felony, when the public defender after investigation concludes that there may be merit to such a proceeding or when the court in which such proceeding is pending directs the public defender to represent the person;(3) A minor brought before the juvenile court when neither the minor nor his or her parent or guardian is able to afford counsel; and(4) A person against whom a petition has been filed with a mental health board as provided in sections 71-945 to 71-947.Source   Laws 1969, c. 234, § 7, p. 865;   R.S.1943, (1989), § 29-1805.07;   Laws 1990, LB 822, § 33;   Laws 1991, LB 830, § 29;  Laws 2004, LB 1083, § 89.  Cross References  Nebraska Mental Health Commitment Act, see section 71-901.
NE Code § 29-3916 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3916 - Application for counsel; inquiry by court or magistrate; waiver of counsel.

29-3916.  Application for counsel; inquiry by court or magistrate; waiver of counsel.Any person described in section 29-3915 or any other person entitled by law to representation by counsel may at any time request the court in which the matter is pending or the court in which the person was convicted to appoint the public defender to provide representation. Upon a request for the appointment of counsel, the court or magistrate shall proceed to make appropriate inquiry into the financial circumstances of the applicant who shall submit, unless waived in whole or in part by the court, a financial statement under oath or affirmation setting forth his or her assets and liabilities, source or sources of income, and such other information as may be required by the court or magistrate. The information contained in such a statement shall be confidential and for the exclusive use of the court or magistrate unless it is made to appear to the satisfaction of the court or magistrate that the statement may contain false, misleading, or incomplete information, in which event the person making the statement shall be punished as for contempt if it is established after a hearing that the statement was in whole or in part false, misleading, or incomplete. A refusal to execute a financial statement as provided in this section shall constitute a waiver of the right to the appointment of the public defender.Source   Laws 1969, c. 234, § 8, p. 865;   R.S.1943, (1989), § 29-1805.08;   Laws 1990, LB 822, § 34.
NE Code § 29-3917 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3917 - Office of public defender; abolished; when.

29-3917.  Office of public defender; abolished; when.Any county in a judicial district in which a determination is made that a public defender should be named in accordance with section 29-3910 shall no longer be subject to section 23-3401, and the office created by section 23-3401 shall be abolished as of the date specified in such determination.Source   Laws 1969, c. 234, § 9, p. 866;   R.S.1943, (1989), § 29-1805.09;   Laws 1990, LB 822, § 35.
NE Code § 29-3918 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3918 - Special counsel; appointment; procedure; cost; payment.

29-3918.  Special counsel; appointment; procedure; cost; payment.Nothing in sections 29-3910 to 29-3918 shall prevent a court from appointing counsel other than the public defender to represent indigent defendants or other persons by law entitled to legal representation, but appointments of counsel other than the public defender shall be limited to situations in which there are multiple defendants requiring separate representation or when other exigent circumstances are present which in the opinion of the court require appointment of other than the public defender. In all such cases of appointments of other than the public defender, the procedure shall be in accordance with sections 43-272 and 43-273 and the cost of such appointments shall be paid by the county as provided in such sections.Source   Laws 1969, c. 234, § 10, p. 866;   Laws 1988, LB 790, § 2;   R.S.1943, (1989), § 29-1805.10;   Laws 1990, LB 822, § 36.  Cross References  Nebraska Juvenile Code, see section 43-2,129.Annotations Appointment of counsel other than the public defender are limited to cases of multiple defendants requiring separate representation or circumstances which, in the court's opinion, require outside counsel. State v. Addison, 198 Neb. 166, 251 N.W.2d 895 (1977).
NE Code § 29-3919 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3919 - Act, how cited.

29-3919.  Act, how cited.Sections 29-3919 to 29-3933 shall be known and may be cited as the County Revenue Assistance Act.Source   Laws 1995, LB 646, § 1;  Laws 2001, LB 335, § 2.
NE Code § 29-3920 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3920 - Legislative findings.

29-3920.  Legislative findings.The Legislature finds that:(1) County property owners should be given some relief from the obligation of providing mandated indigent defense services which in most instances are required because of state laws establishing crimes and penalties;(2) Property tax relief can be accomplished if the state begins to assist the counties with the obligation of providing indigent defense services required by state laws establishing crimes and penalties;(3) Property tax relief in the form of state assistance to the counties of Nebraska in providing for indigent defense services will also increase accountability because the state, which is the governmental entity responsible for passing criminal statutes, will likewise be responsible for paying some of the costs;(4) Property tax relief in the form of state assistance to the counties of Nebraska in providing for indigent defense services will also improve inconsistent and inadequate funding of indigent defense services by the counties;(5) Property tax relief in the form of state assistance to the counties of Nebraska in providing for indigent defense services will also lessen the impact on county property taxpayers of the cost of a high profile death penalty case which can significantly affect the finances of the counties; and(6) To accomplish property tax relief in the form of the state assisting the counties of Nebraska in providing for indigent defense services, the Commission on Public Advocacy Operations Cash Fund should be established to fund the operation of the Commission on Public Advocacy and to fund reimbursement requests as determined by section 29-3933.Source   Laws 1995, LB 646, § 2;  Laws 2002, LB 876, § 64;  Laws 2003, LB 760, § 9;  Laws 2015, LB268, § 26;   Referendum 2016, No. 426.   Note: The changes made to section 29-3920 by Laws 2015, LB 268, section 26, have been omitted because of the vote on the referendum at the November 2016 general election.
NE Code § 29-3921 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3921 - Commission on Public Advocacy Operations Cash Fund; created; use; investment; transfers; use.

29-3921.  Commission on Public Advocacy Operations Cash Fund; created; use; investment; transfers; use.(1) The Commission on Public Advocacy Operations Cash Fund is created. The fund shall be used for the operations of the commission, except that transfers may be made from the fund to the General Fund at the direction of the Legislature through June 30, 2011. The Commission on Public Advocacy Operations Cash Fund shall consist of money remitted pursuant to section 33-156. It is the intent of the Legislature that the commission shall be funded solely from the fund. Any money in the fund available for investment shall be invested by the state investment officer pursuant to the Nebraska Capital Expansion Act and the Nebraska State Funds Investment Act.(2) On July 1, 2011, or as soon thereafter as administratively possible, the State Treasurer shall transfer one hundred thousand dollars from the Commission on Public Advocacy Operations Cash Fund to the Supreme Court Education Fund. The State Court Administrator shall use these funds to assist the juvenile justice system in providing prefiling and diversion programming designed to reduce excessive absenteeism and unnecessary involvement with the juvenile justice system.(3) The State Treasurer shall transfer the following amounts from the Commission on Public Advocacy Operations Cash Fund to the Court Appointed Special Advocate Fund:(a) On July 1, 2011, or as soon thereafter as administratively possible, one hundred thousand dollars; and(b) On July 1, 2012, or as soon thereafter as administratively possible, two hundred thousand dollars.(4) On July 1, 2012, or as soon thereafter as administratively possible, the State Treasurer shall transfer sixty thousand dollars from the Commission on Public Advocacy Operations Cash Fund to the Nebraska State Patrol Cash Fund.The Nebraska State Patrol shall use such funds to contract with the University of Nebraska to study sex offender recidivism data before and after the passage of Laws 2009, LB285, which changed the Nebraska sex offender classification system from an evaluation of risk assessment system to an offense-based assessment system in the attempt by the state to comply with federal requirements under the Adam Walsh Child Protection and Safety Act of 2006.Source   Laws 1995, LB 646, § 3;   Laws 1997, LB 108, § 1;  Laws 2001, LB 659, § 14;  Laws 2002, LB 876, § 65;  Laws 2003, LB 760, § 10;  Laws 2008, LB961, § 2;  Laws 2009, First Spec. Sess., LB3, § 16;  Laws 2011, LB463, § 3;  Laws 2012, LB969, § 5. Cross References   Nebraska Capital Expansion Act, see section 72-1269.  Nebraska State Funds Investment Act, see section 72-1260.
NE Code § 29-3922 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3922 - Terms, defined.

29-3922.  Terms, defined.For purposes of the County Revenue Assistance Act:(1) Chief counsel means an attorney appointed to be the primary administrative officer of the commission pursuant to section 29-3928;(2) Commission means the Commission on Public Advocacy;(3) Commission staff means attorneys, investigators, and support staff who are performing work for the capital litigation division, appellate division, DNA testing division, and major case resource center;(4) Contracting attorney means an attorney contracting to act as a public defender pursuant to sections 23-3404 to 23-3408;(5) Court-appointed attorney means an attorney other than a contracting attorney or a public defender appointed by the court to represent an indigent person;(6) Indigent defense services means legal services provided to indigent persons by an indigent defense system in capital cases, felony cases, misdemeanor cases, juvenile cases, mental health commitment cases, child support enforcement cases, and paternity establishment cases;(7) Indigent defense system means a system of providing services, including any services necessary for litigating a case, by a contracting attorney, court-appointed attorney, or public defender;(8) Indigent person means a person who is indigent and unable to obtain legal counsel as determined pursuant to subdivision (3) of section 29-3901; and(9) Public defender means an attorney appointed or elected pursuant to sections 23-3401 to 23-3403.Source   Laws 1995, LB 646, § 4;  Laws 2001, LB 335, § 3;  Laws 2001, LB 659, § 15;  Laws 2009, LB154, § 2;  Laws 2015, LB268, § 27;   Referendum 2016, No. 426.   Note: The changes made to section 29-3922 by Laws 2015, LB 268, section 27, have been omitted because of the vote on the referendum at the November 2016 general election.
NE Code § 29-3923 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-3923 - Commission on Public Advocacy; created; duties.

29-3923.  Commission on Public Advocacy; created; duties.The Commission on Public Advocacy is created. The commission shall provide legal services and resources to assist counties in fulfilling their obligation to provide for effective assistance of counsel for indigent persons.Source  Laws 1995, LB 646, § 5. Cross References  Civil legal services for eligible low-income persons, see sections 25-3001 to 25-3004.