reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1201.02 - County attorney; qualifications; exception.

23-1201.02.
County attorney; qualifications; exception.
(1) No person shall seek nomination or appointment for the office of county attorney in counties of Class 4, 5, 6, or 7, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state for at least two years next preceding the date such person would take office and has practiced law actively in this state during such two-year period, except that if no person who meets the requirements of this subsection has filed for or sought such office by the filing deadline for nomination or by the deadline for applications for appointment, the provisions of this subsection shall not apply to any person seeking such office.
(2) No person shall seek nomination or appointment for the office of county attorney, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state.
(3) The classification of counties in section 23-1114.01 applies for purposes of this section.
Source
Laws 1969, c. 142, § 1, p. 664;
Laws 1993, LB 468, § 2;
Laws 2009, LB55, § 1.
Cross References
Classification of counties, see section 23-1114.01.
Annotations
An attorney's providing legal advice to an organization on a routine basis regarding various matters satisfies the "practiced law actively" requirement. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
"Practiced law actively" means engaged in giving advice or rendering such service as requires the use of any degree of legal knowledge or skill and doing so on a daily or routine basis. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1202 - County attorney; actions before magistrate; duties.

23-1202.
County attorney; actions before magistrate; duties.
Each county attorney shall appear on behalf of the state before any magistrate, and prosecute all complaints made in behalf of the state of which any magistrate shall have jurisdiction, and he shall appear before any magistrate and conduct any criminal examination which may be had before such magistrate, and shall also prosecute all civil suits before such magistrate in which the state or county is a party or interested.
Source
Laws 1885, c. 40, § 3, p. 216;
R.S.1913, § 5597;
C.S.1922, § 4914;
C.S.1929, § 26-902;
R.S.1943, § 23-1202.
Annotations
It is not the duty of the county attorney to appear and prosecute violator of village ordinance, where prosecution is not based upon violation of state law. State ex rel. Vannatter v. McDonald, 100 Neb. 332, 160 N.W. 95 (1916).
County attorney has full control of action. Rickley v. State, 65 Neb. 841, 91 N.W. 867 (1902).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1203 - Opinions; civil cases; additional counsel; compensation.

23-1203.
Opinions; civil cases; additional counsel; compensation.
The county attorney shall without fee or reward give opinions and advice to the board of county commissioners and other civil officers of their respective counties, when requested so to do by such board or officers, upon all matters in which the state or county is interested, or relating to the duty of the board or officers in which the state or county may have an interest;
Provided,
in all counties of this state the county board may employ such additional counsel in civil matters as it may deem necessary. Such attorney or attorneys shall counsel the board or county officers on such civil matters as the board may lay before him or them, and shall prosecute or defend, on behalf of the county or any of its officers, such civil actions or proceedings as the interests of the county may in their judgment require, and shall receive such reasonable compensation in each case as the board and such counsel may agree upon.
Source
Laws 1885, c. 40, § 4, p. 217;
Laws 1895, c. 7, § 1, p. 73;
R.S.1913, § 5598;
C.S.1922, § 4915;
C.S.1929, § 26-903;
R.S.1943, § 23-1203;
Laws 1959, c. 88, § 1, p. 397.
Annotations
Special attorneys to conduct tax foreclosure cases were employed pursuant to this section. Strawn v. County of Sarpy, 146 Neb. 783, 21 N.W.2d 597 (1946).
County board may hire attorney to collect judgment on contingent fee basis. Miles v. Cheyenne County, 96 Neb. 703, 148 N.W. 959 (1914).
County is not liable for services rendered on request of county attorney unless authorized or ratified by board. Card v. Dawes County, 71 Neb. 788, 99 N.W. 662 (1904).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1204 - Deputies; appointment and compensation.

23-1204.
Deputies; appointment and compensation.
The county attorney may, with the approval and consent of the county board, appoint one or more deputies, who shall receive such compensation as shall be fixed by the county board, to assist him in the discharge of his duties.
Source
Laws 1885, c. 40, § 6, p. 217;
Laws 1893, c. 2, § 1, p. 64;
Laws 1901, c. 8, § 1, p. 57;
R.S.1913, § 5599;
Laws 1917, c. 108, § 1, p. 278;
Laws 1919, c. 62, § 1, p. 169;
Laws 1921, c. 232, § 1, p. 830;
C.S.1922, § 4916;
Laws 1923, c. 41, § 1, p. 156;
Laws 1927, c. 116, § 2, p. 326;
C.S.1929, § 26-904;
Laws 1943, c. 90, § 14, p. 302;
R.S.1943, § 23-1204;
Laws 1947, c. 73, § 2, p. 233;
Laws 1947, c. 72, § 2, p. 230;
Laws 1947, c. 62, § 5, p. 200;
Laws 1949, c. 42, § 1(1), p. 144;
Laws 1961, c. 99, § 1, p. 330.
Cross References
For minimum salary of deputies, see section 23-1114.09.
Annotations
County attorney of Douglas County is authorized to appoint deputies to assist him in the discharge of his duties, and a deputy so appointed and qualified may sign a criminal information. Thompson v. O'Grady, 137 Neb. 641, 290 N.W. 716 (1940).
When appointed by county attorney, a duly qualified deputy may sign criminal information. Holland v. State, 100 Neb. 444, 160 N.W. 893 (1916).
In action for compensation as assistant, allegation in petition that attorney assisted county attorney under appointment of court is sufficient to show that services were procured by county attorney. Lear v. Brown County, 77 Neb. 230, 109 N.W. 174 (1906).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1204.03 - Deputies; counties having a population of more than 30,000 and not more than 200,000 inhabitants; additional deputy; salary.

23-1204.03.
Deputies; counties having a population of more than 30,000 and not more than 200,000 inhabitants; additional deputy; salary.
In counties having a population of more than thirty thousand inhabitants and not more than two hundred thousand inhabitants, there is hereby created the office of deputy county attorneys, and the county attorney of such county may at his discretion appoint additional deputy county attorneys for such county upon receiving the approval thereof by the county board. The salary of the additional deputy county attorneys, referred to in this section, shall be fixed by the county board.
Source
Laws 1893, c. 2, § 1, p. 64;
Laws 1901, c. 8, § 1, p. 57;
R.S.1913, § 5599;
Laws 1917, c. 108, § 1, p. 278;
Laws 1919, c. 62, § 1, p. 169;
Laws 1921, c. 232, § 1, p. 830;
C.S.1922, § 4916;
Laws 1923, c. 41, § 1, p. 156;
Laws 1927, c. 116, § 2, p. 326;
C.S.1929, § 26-904;
Laws 1943, c. 90, § 14, p. 302;
R.S.1943, § 23-1204;
Laws 1947, c. 73, § 2, p. 233;
Laws 1947, c. 72, § 2, p. 230;
Laws 1947, c. 62, § 5, p. 200;
Laws 1949, c. 42, § 1(4), p. 144;
Laws 1953, c. 56, § 2, p. 194.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1204.04 - Deputies; bond.

23-1204.04.
Deputies; bond.
The deputy county attorney in all counties, except as otherwise provided in section 23-1204.05, shall file a bond in the same manner and for the same amount required of the county attorney and be removable at the pleasure of the county attorney.
Source
Laws 1893, c. 2, § 1, p. 64;
Laws 1901, c. 8, § 1, p. 57;
R.S.1913, § 5599;
Laws 1917, c. 108, § 1, p. 278;
Laws 1919, c. 62, § 1, p. 169;
Laws 1921, c. 232, § 1, p. 830;
C.S.1922, § 4916;
Laws 1923, c. 41, § 1, p. 156;
Laws 1927, c. 116, § 2, p. 326;
C.S.1929, § 26-904;
Laws 1943, c. 90, § 14, p. 302;
R.S.1943, § 23-1204;
Laws 1947, c. 73, § 2, p. 233;
Laws 1947, c. 72, § 2, p. 230;
Laws 1947, c. 62, § 5, p. 200;
Laws 1949, c. 42, § 1(5), p. 144.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1204.05 - Deputies; counties having a population of more than 200,000 inhabitants.

23-1204.05.
Deputies; counties having a population of more than 200,000 inhabitants.
In counties whose population is more than two hundred thousand inhabitants, the county attorney may appoint a chief deputy county attorney and one or more deputy county attorneys. Before entering upon the duties of their offices, each of said deputies shall be required to give a bond for the faithful performance of the duties of such office in an amount to be fixed and approved by the judges of the district court.
Source
Laws 1893, c. 2, § 1, p. 64;
Laws 1901, c. 8, § 1, p. 57;
R.S.1913, § 5599;
Laws 1917, c. 108, § 1, p. 278;
Laws 1919, c. 62, § 1, p. 169;
Laws 1921, c. 232, § 1, p. 830;
C.S.1922, § 4916;
Laws 1923, c. 41, § 1, p. 156;
Laws 1927, c. 116, § 2, p. 326;
C.S.1929, § 26-904;
Laws 1943, c. 90, § 14, p. 302;
R.S.1943, § 23-1204;
Laws 1947, c. 73, § 2, p. 233;
Laws 1947, c. 72, § 2, p. 230;
Laws 1947, c. 62, § 5, p. 200;
Laws 1949, c. 42, § 1(6), p. 144;
Laws 1953, c. 59, § 1, p. 197;
Laws 1967, c. 130, § 1, p. 414.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1204.06 - Deputies; grant program for termination of parental rights actions.

23-1204.06.
Deputies; grant program for termination of parental rights actions.
A grant program is established to reimburse counties for the personal service costs of deputy county attorneys associated with termination of parental rights actions resulting from Laws 1998, LB 1041. Counties in which a city of the metropolitan class or a city of the primary class is located are eligible for grants under this program. The Department of Health and Human Services shall administer the program. Counties receiving grants shall submit quarterly expenditure reports to the department.
Source
Laws 1998, LB 1041, § 47;
Laws 2007, LB296, § 24.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1205 - Acting county attorney; appointment; when authorized; compensation.

23-1205.
Acting county attorney; appointment; when authorized; compensation.
Due to the absence, sickness, disability, or conflict of interest of the county attorney and his or her deputies, or upon request of the county attorney for good cause, the Supreme Court, the Court of Appeals, or any district court, separate juvenile court, or county court before which the cause may be heard may appoint an attorney to act as county attorney in any investigation, appearance, or trial by an order entered upon the minutes of the court. Such attorney shall be allowed compensation for such services as the court determines, to be paid by order of the county treasurer upon presenting to the county board the certificate of the judge before whom the cause was tried certifying to services rendered by such attorney and the amount of compensation.
Source
Laws 1885, c. 40, § 7, p. 218;
R.S.1913, § 5600;
C.S.1922, § 4917;
C.S.1929, § 26-905;
R.S.1943, § 23-1205;
Laws 1969, c. 165, § 2, p. 742;
Laws 2007, LB214, § 1;
Laws 2009, LB35, § 3.
Annotations
District court is given authority to appoint an acting county attorney in the event of absence, sickness, or disability of county attorney. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965).
It is within the discretion of the court to appoint any attorney in lieu of disqualified county attorney, and ruling will not be disturbed unless discretion is abused. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).
Appointment where attorney refused to prosecute is proper. Spaulding v. State, 61 Neb. 289, 85 N.W. 80 (1901).
Information may be filed by substitute county attorney without infringing constitutional rights of accused. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).
Appointment of another attorney is proper where county attorney had appeared for accused. Gandy v. State, 27 Neb. 707, 43 N.W. 747 (1889), 44 N.W. 108 (1889).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1206 - Fees; prohibited; civil cases; when disqualified.

23-1206.
Fees; prohibited; civil cases; when disqualified.
No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business which it shall be his official duty to attend; nor shall he act or be concerned, as an attorney or counsel for either party, other than for the state or county, in any civil action depending upon the same state of facts upon which any criminal prosecution, commenced or prosecuted, shall depend, or depending upon the same state of facts, investigated by him, while acting as county coroner.
Source
Laws 1885, c. 40, § 8, p. 218;
R.S.1913, § 5601;
C.S.1922, § 4918;
C.S.1929, § 26-906;
Laws 1943, c. 56, § 1, p. 223;
R.S.1943, § 23-1206.
Annotations
Purpose of this section was to make certain that a county attorney should not be influenced by private interests. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965).
Purpose of the statute is to protect the public by making certain that the duties of county attorney are not influenced by private interest. Roach v. Roach, 174 Neb. 266, 117 N.W.2d 549 (1962).
County attorney is not entitled to attorney's fee taxed as costs in tax foreclosure action. State ex rel. Nebraska State Bar Assn. v. Conover, 166 Neb. 132, 88 N.W.2d 135 (1958).
Attorney's fee could not be allowed for services performed under Uniform Reciprocal Enforcement of Support Act. Rice v. Rice, 165 Neb. 778, 87 N.W.2d 408 (1958).
In civil action, disqualification of county attorney is waived unless objection thereto is made. Thompson v. Thompson, 151 Neb. 110, 36 N.W.2d 648 (1949).
Where attorney prepared petition for probate of deceased but withdrew his appearance, and appointment to assist in prosecution was made solely through county attorney, there was no disqualification. Jordan v. State, 101 Neb. 430, 163 N.W. 801 (1917).
County attorney cannot recover fee for services in civil action where criminal action was possible. Ress v. Shepherd, 84 Neb. 268, 120 N.W. 1132 (1909).
County attorney, who brought civil action, is not disqualified to prosecute criminal action based on same facts. Fitzgerald v. State, 78 Neb. 1, 110 N.W. 676 (1907).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1206.02 - County attorney, deputies, and employees; counties having a population of more than 200,000 inhabitants; private practice; illegal reference; malfeasance; penalty.

23-1206.02.
County attorney, deputies, and employees; counties having a population of more than 200,000 inhabitants; private practice; illegal reference; malfeasance; penalty.
Any county attorney, deputy county attorney, or any employee of the county attorney in any county having a population of more than two hundred thousand inhabitants violating the provisions of section 23-1206.01 shall be guilty of malfeasance in office and shall, upon conviction thereof, be fined not more than five hundred dollars or imprisoned in the county jail not more than six months, or both such a fine and imprisonment, and in addition shall vacate his office.
Source
Laws 1957, c. 72, § 2, p. 307.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1207 - Money or property received; county attorney; duties.

23-1207.
Money or property received; county attorney; duties.
(1) It shall be the duty of the county attorney, whenever he or she shall receive any money or other property in his or her official capacity, to give to the person paying or depositing such money or other property duplicate receipts, one of which shall be filed by such person with the county clerk.
(2) Whenever any such money is received by the county attorney, he or she shall carefully manage it and may, when the money cannot immediately be paid out to its rightful owner, deposit the money in interest-bearing accounts in insured banking or savings institutions. Any interest accrued from such deposit shall be paid over to the county treasurer to be credited to the county general fund, except that when the funds so deposited belonged to a deceased person whose personal representative has not yet been appointed by a court of competent jurisdiction, then the interest accruing on such money shall be paid to the estate of such person after the appointment of a personal representative and upon order of the court.
(3) Any property other than money which is received by the county attorney shall be held by him or her in safekeeping until claimed by the rightful owner or, if there is a dispute as to the ownership of such property, until ordered by a court of competent jurisdiction to give possession of the property to some person.
Source
Laws 1885, c. 40, § 9, p. 219;
R.S.1913, § 5602;
C.S.1922, § 4919;
C.S.1929, § 26-907;
R.S.1943, § 23-1207;
Laws 1979, LB 179, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1208 - Grand jury and court sittings; attendance and duties.

23-1208.
Grand jury and court sittings; attendance and duties.
Whenever the county attorney is required by the grand jury of any court sitting in his county, it shall be his duty to attend for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas and other writs of process; to bring in witnesses and to draw up bills of indictment; but he shall not be present with the grand jury when an indictment is being considered and found by said grand jury.
Source
Laws 1885, c. 40, § 10, p. 219;
R.S.1913, § 5603;
C.S.1922, § 4920;
C.S.1929, § 26-908;
R.S.1943, § 23-1208.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1209 - Detectives; employment; when authorized; compensation.

23-1209.
Detectives; employment; when authorized; compensation.
In counties having a population exceeding sixty thousand inhabitants, and not more than two hundred thousand inhabitants, there may be spent under the direction and control of the county attorney of said county a sum of money not exceeding five hundred dollars in any one year, to be paid out of the general fund of the county, for the employment of a detective or detectives, the same to be appointed by the county attorney at such rates of compensation per day as may be fixed by said officer, and said appointment may be revoked by him at any time. In counties having a population exceeding two hundred thousand inhabitants, there may be spent under the direction and control of the county attorney of said county a sum of money not exceeding fifteen hundred dollars in any one year, to be paid out of the general fund of the county, for the employment of a detective or detectives, the same to be appointed by the county attorney at such rates of compensation per day as may be fixed by said officer, and said appointment may be revoked by him at any time.
Source
Laws 1909, c. 8, § 1, p. 64;
R.S.1913, § 5604;
Laws 1919, c. 64, § 1, p. 172;
C.S.1922, § 4921;
C.S.1929, § 26-909;
R.S.1943, § 23-1209;
Laws 1969, c. 146, § 2, p. 703.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1210 - Coroner; duties; county attorney shall perform; expenses; delegation of duties.

23-1210.
Coroner; duties; county attorney shall perform; expenses; delegation of duties.
(1) The county attorney shall perform all of the duties enjoined by law upon the county coroner and the county attorney shall be the ex officio county coroner. The county attorney shall receive no additional fees for the performance of duties prescribed by statutes for county coroner but shall be reimbursed for all actual necessary expenses incurred by him or her in the performance of such duties with reimbursement for mileage to be made at the rate provided in section 81-1176.
(2) The county attorney may delegate to the county sheriff, deputy county sheriff, or any other peace officer that part of the coroner's duties as now prescribed by statute which relates to viewing dead bodies and serving papers, except that in cases when there may be occasion to serve papers upon the sheriff, the county attorney may delegate such duty to the county clerk.
Source
Laws 1915, c. 224, § 1, p. 493;
C.S.1922, § 4922;
C.S.1929, § 26-910;
Laws 1933, c. 96, § 3, p. 384;
C.S.Supp.,1941, § 26-910;
R.S.1943, § 23-1210;
Laws 1957, c. 70, § 2, p. 295;
Laws 1981, LB 204, § 27;
Laws 1987, LB 313, § 1;
Laws 1996, LB 1011, § 10.
Annotations
Section is constitutional. Effect is to incorporate in new law the existing laws defining the duties of coroner. State ex rel. Crosby v. Moorhead, 100 Neb. 298, 159 N.W. 412 (1916).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1212 - Terms, defined.

23-1212.
Terms, defined.
For purposes of sections 23-1212 to 23-1222, unless the context otherwise requires:
(1) County attorney shall mean the county attorney of a county in this state whether such position is elective or appointive and regardless of whether such position is full time or part time;
(2) Deputy county attorney shall mean an attorney employed by a county in this state for the purpose of assisting the county attorney in carrying out his or her responsibilities regardless of whether such position is full time or part time;
(3) Council shall mean the Nebraska County Attorney Standards Advisory Council;
(4) Attorney General shall mean the Nebraska Attorney General;
(5) Commission shall mean the Nebraska Commission on Law Enforcement and Criminal Justice; and
(6) Continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, shall mean that type of legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, which has application to and seeks to maintain and improve the skills of the county attorney and deputy county attorney in carrying out the responsibilities of his or her office or position.
Source
Laws 1980, LB 790, § 1;
Laws 1990, LB 1246, § 1;
Laws 2009, LB671, § 1.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1213 - Nebraska County Attorney Standards Advisory Council; created; members; qualifications; appointment; terms; vacancy.

23-1213.
Nebraska County Attorney Standards Advisory Council; created; members; qualifications; appointment; terms; vacancy.
(1)(a) There is hereby created the Nebraska County Attorney Standards Advisory Council which, except as provided in subdivision (b) of this subsection, shall consist of seven members, four of whom shall be either a county attorney or deputy county attorney, one member being a professor of law or professor of forensic science, and two members being county commissioners or supervisors. The members of such council shall be appointed by the Governor. Of the county attorneys or deputy county attorneys appointed to such council, one shall be from Douglas County, one shall be from Lancaster County, and the remaining two shall be appointed from the remainder of the state. Members of the council shall serve a term of four years, except that of the members first appointed one member shall serve a term of one year, two members shall serve a term of two years, two members shall serve a term of three years, and two members shall each serve a term of four years.
(b) On and after August 30, 2009, the council shall consist of eleven members with the addition of the following four new members: (i) Two members who shall be either county attorneys or deputy county attorneys from counties other than Douglas County or Lancaster County; (ii) one member who is a county sheriff or a chief of police; and (iii) one member who is a certified forensic pathologist. The new members shall serve terms of four years, except that of the new members first appointed two members shall serve terms of two years and two members shall serve terms of three years.
(2) A member may be reappointed at the expiration of his or her term. Any vacancy occurring other than by expiration of a term shall be filled for the remainder of the unexpired term in the same manner as the original appointment. The council shall select one of its members as chairperson. The Governor shall make the appointments under this section within ninety days of July 19, 1980.
(3) Members of the council shall have such membership terminated if they cease to hold the office of county attorney, deputy county attorney, county commissioner or supervisor, or county sheriff or chief of police. A member of the council may be removed from the council for good cause upon written notice and upon an opportunity to be heard before the Governor. After the hearing, the Governor shall file in the office of the Secretary of State a complete statement of the charges and the findings and disposition together with a complete record of the proceedings.
Source
Laws 1980, LB 790, § 2;
Laws 2009, LB671, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1213.01 - Guidelines to promote uniform and quality death investigations for county coroners; contents.

23-1213.01.
Guidelines to promote uniform and quality death investigations for county coroners; contents.
The council shall, with respect to ensuring quality and uniform death investigation processes throughout the state, develop guidelines to promote uniform and quality death investigations for county coroners. Such guidelines may include guidance to the county coroner in:
(1) Determining the need for autopsies involving:
(a) Deaths of individuals nineteen years of age or older;
(b) Deaths of individuals under nineteen years of age;
(c) Sudden, unexplained infant deaths;
(d) Deaths while in custody;
(e) Deaths caused by motor vehicle collisions;
(f) Deaths by burning; and
(g) Suspicious deaths;
(2) The utilization of investigative tools and equipment;
(3) Entering the death scene;
(4) Documenting and evaluating the death scene;
(5) Documenting and evaluating the body;
(6) Establishing and recording decedent profile information; and
(7) Completing the death scene investigation.
Persons investigating infant deaths and young child deaths may also refer to the recommendations adopted by the Attorney General with respect to such investigations.
Source
Laws 2009, LB671, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1213.02 - Network of regional officials for death investigation support services.

23-1213.02.
Network of regional officials for death investigation support services.
The council shall also:
(1) Help establish a voluntary network of regional officials including, but not limited to, law enforcement, county coroners, and medical personnel to provide death investigation support services for any location in Nebraska;
(2) Help determine the membership of such networks; and
(3) Develop, design, and provide standardized forms in both hard copy and electronic copy for use in death investigations.
Source
Laws 2009, LB671, § 4.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1213.03 - Coroner or deputy coroner; training; continuing education.

23-1213.03.
Coroner or deputy coroner; training; continuing education.
Every person who is elected or appointed as a coroner or deputy coroner in or for the State of Nebraska shall satisfactorily complete initial death investigation training within one year after the date of election or appointment and thereafter annually complete continuing education as determined by the council.
Source
Laws 2009, LB671, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1214 - Council; membership; holding other office or position; effect.

23-1214.
Council; membership; holding other office or position; effect.
Notwithstanding any other provision of law, membership on the council shall not disqualify any member from holding his or her office or position or cause the forfeiture thereof.
Source
Laws 1980, LB 790, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1215 - Council; members; expenses.

23-1215.
Council; members; expenses.
Members of the council shall serve without compensation, but they shall be entitled to reimbursement for expenses incident to such service on the council as provided in sections 81-1174 to 81-1177.
Source
Laws 1980, LB 790, § 4;
Laws 2020, LB381, § 17.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1216 - Council; continuing legal education; duties.

23-1216.
Council; continuing legal education; duties.
The council shall be responsible for establishing the annual number of hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children. The council shall periodically review the required number of hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children. The council shall develop educational criteria, formats, and program objectives to be used in the delivery of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, for county attorneys and deputy county attorneys, except that the annual number of hours spent in continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, shall not exceed thirty-six contact hours.
Source
Laws 1980, LB 790, § 5;
Laws 1990, LB 1246, § 2.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1217 - County attorney; deputy county attorney; continuing legal education required; failure to complete; effect.

23-1217.
County attorney; deputy county attorney; continuing legal education required; failure to complete; effect.
Every county attorney and deputy county attorney in this state shall annually undertake and complete the required hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, as prescribed by the council under section 23-1216. Failure on the part of any county attorney or deputy county attorney to complete the required number of hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, may subject such county attorney or deputy county attorney to removal from office under section 23-1220.
Source
Laws 1980, LB 790, § 6;
Laws 1990, LB 1246, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1219 - County attorney; deputy county attorney; failure to fulfill continuing legal education requirements; commission; investigate; duties.

23-1219.
County attorney; deputy county attorney; failure to fulfill continuing legal education requirements; commission; investigate; duties.
When it comes to the attention of the commission that a county attorney or deputy county attorney has not fulfilled the required number of hours of annual mandatory continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, required by section 23-1217, it shall investigate such failure to comply in order to determine whether or not such failure was willful or negligent. If the commission determines that the failure to comply was willful or negligent, it shall refer the matter to the Attorney General for action under section 23-1220. If the commission determines that the failure to comply was not willful or negligent, it shall permit the county attorney or deputy county attorney to make up all outstanding hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children. In doing so, the commission shall establish a deadline by which such hours must be undertaken and completed. In making up any outstanding hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children under this section, such hours shall be in addition to those hours which are annually required under section 23-1217.
Source
Laws 1980, LB 790, § 8;
Laws 1990, LB 1246, § 5.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1220 - County attorney; deputy county attorney; failure to complete continuing legal education; Attorney General; commence civil action.

23-1220.
County attorney; deputy county attorney; failure to complete continuing legal education; Attorney General; commence civil action.
Upon being advised by the commission of a failure on the part of a county attorney or deputy county attorney to complete the number of hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, required by section 23-1217, the Attorney General shall commence a civil action in the district court of the county in which the county attorney holds office, or in the case of a deputy county attorney in the district court of the county in which he or she is employed, seeking his or her removal from office or employment. Such action shall be brought in the name of the county. Such action shall be tried in the same manner as other civil actions under Chapter 25, except that such action shall be tried exclusively to the court without a jury.
Source
Laws 1980, LB 790, § 9;
Laws 1990, LB 1246, § 6.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1221 - County attorney; deputy county attorney; removal from office; vacancy; how filled.

23-1221.
County attorney; deputy county attorney; removal from office; vacancy; how filled.
If a county attorney is removed from office as a result of the action authorized under section 23-1220, such office shall be declared vacant and the county board shall fill the vacancy by appointment with a qualified candidate. If a deputy county attorney is removed from office as a result of the action authorized under section 23-1220, the vacancy may be filled pursuant to section 23-1204.
Source
Laws 1980, LB 790, § 10.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1222 - Continuing education; tuition, fees, expenses; how paid.

23-1222.
Continuing education; tuition, fees, expenses; how paid.
Tuition, fees, and other expenses incurred by a county attorney or deputy county attorney in fulfilling the requirements of section 23-1217 shall be paid by the county. Tuition, fees, and other expenses incurred by all other persons who may attend such programs of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against children, shall be the responsibility of the person attending.
Source
Laws 1980, LB 790, § 11;
Laws 1990, LB 1246, § 7.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1223 - Traveling expenses; mileage.

23-1223.
Traveling expenses; mileage.
(1) In all cases when the county attorney has engaged in the courts of another county in any suit, application, or motion, either civil or criminal, in which the state or county is a party interested, which has been transferred by change of venue from his or her county to another county, he or she shall be allowed his or her reasonable and necessary traveling and hotel expenses while so engaged, in addition to his or her regular salary.
(2) The expenses referred to in subsection (1) of this section shall be paid to him or her upon the presentation of a bill for the same, accompanied by proper vouchers, to the county board of his or her county, in like manner as provided in all other cases of claims against the county. In computing reasonable and necessary traveling expenses, the county attorney shall be allowed mileage at the rate allowed by section 81-1176, but if travel by rail or bus is economical and practical and if mileage expense may be reduced thereby, he or she shall be allowed only the actual cost of rail or bus transportation.
Source
Laws 1885, c. 40, § 5, p. 217;
Laws 1899, c. 6, § 2, p. 57;
Laws 1903, c. 7, § 2, p. 58;
Laws 1909, c. 7, § 1, p. 63;
Laws 1911, c. 7, § 1, p. 74;
Laws 1913, c. 255, § 1, p. 788;
R.S.1913, § 2432;
Laws 1919, c. 65, § 1, p. 173;
C.S.1922, § 2372;
Laws 1927, c. 116, § 1, p. 325;
C.S.1929, § 33-111;
Laws 1933, c. 96, § 6, p. 385;
C.S.Supp.,1941, § 33-111;
Laws 1943, c. 90, § 18, p. 305;
R.S.1943, § 33-108;
Laws 1957, c. 70, § 3, p. 295;
Laws 1981, LB 204, § 49;
R.S.1943, (1988), § 33-108;
Laws 1989, LB 4, § 5;
Laws 1996, LB 1011, § 11.
Annotations
Counties are obligated to pay costs and expenses of prosecutions, including fees and expenses of attorneys appointed to represent indigent defendants in criminal cases, and there is no requirement that a property tax be levied therefor. Kovarik v. County of Banner, 192 Neb. 816, 224 N.W.2d 761 (1975).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1301 - County clerk; office; duties; residency.

23-1301.
County clerk; office; duties; residency.
The county clerk shall keep his or her office at the county seat; shall attend the sessions of the county board; shall keep the seal, records, and papers of the board; and shall sign the record of the proceedings of the board and attest the same with the county seal. After the period of time specified by the State Records Administrator pursuant to the Records Management Act, the county clerk may transfer such record of the proceedings of the board to the State Archives of the Nebraska State Historical Society for permanent preservation.
A county clerk elected after November 1986 need not be a resident of the county when he or she files for election as county clerk, but a county clerk shall reside in a county for which he or she holds office.
Source
Laws 1879, § 73, p. 374;
R.S.1913, § 5605;
C.S.1922, § 4924;
C.S.1929, § 26-1001;
R.S.1943, § 23-1301;
Laws 1973, LB 224, § 5;
Laws 1986, LB 812, § 3;
Laws 1996, LB 1085, § 31.
Cross References
Records Management Act, see section 84-1220.
Annotations
Failure by a public governing body, as defined under section 84-1409, R.R.S.1943, to take and record a roll call vote on an action, as required by section 84-1413(2), R.S.Supp.,1980, grants any citizen the right to sue for the purpose of having the action declared void. In this case such failure could not be later corrected by a nunc pro tunc order because there was no showing that a roll call vote on the disputed action was actually taken, and even if it was the record showed it was not recorded until over a year later. Sections 23-1301, R.R.S.1943, and 23-1302, R.R.S.1943, make it the duty of the county clerk to record proceedings of the board of county commissioners. State ex rel. Schuler v. Dunbar, 208 Neb. 69, 302 N.W.2d 674 (1981).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1301.01 - County clerk; deputy; appointment; oath; duties.

23-1301.01.
County clerk; deputy; appointment; oath; duties.
The county clerk may appoint a deputy for whose acts he or she will be responsible. The clerk may not appoint the county treasurer, sheriff, register of deeds, or surveyor as deputy.
The appointment shall be in writing and revocable in writing by the clerk. Both the appointment and revocation shall be filed and kept in the office of the clerk.
The deputy shall take the same oath as the clerk which shall be endorsed upon and filed with the certificate of appointment. The clerk may require a bond of the deputy.
In the absence or disability of the clerk, the deputy shall perform the duties of the clerk pertaining to the office, but when the clerk is required to act in conjunction with or in place of another officer, the deputy cannot act in the clerk's place.
Source
Laws 1990, LB 821, § 3.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1302 - County clerk; duties.

23-1302.
County clerk; duties.
It shall be the general duty of the county clerk:
(1) To record in a book provided for that purpose all proceedings of the board. If the county clerk or his or her deputy is unable to be present for any proceeding of the board, the county clerk may appoint a designee to record such proceedings;
(2) To make regular entries of its resolutions and decisions in all questions concerning the raising of money;
(3) To countersign all warrants issued by the board and signed by its chairperson;
(4) To preserve and file all accounts acted upon by the board, with its action thereon, and perform such special duties as are required by law. Such special duties do not include budget-making duties performed under section 23-906. In a county having a county comptroller, all accounts acted upon by the board shall remain on file in the office of such comptroller; and the county clerk shall certify to the county treasurer as of June 30 and December 31 of each year the total amount of unpaid claims of the county; and
(5) To prepare and file with the county board the annual inventory statement of county personal property in his or her custody and possession, and to perform the duties enjoined upon him or her by sections 23-346 to 23-350.
Source
Laws 1879, § 74, p. 374;
Laws 1907, c. 33, § 1, p. 166;
R.S.1913, § 5606;
C.S.1922, § 4925;
C.S.1929, § 26-1002;
Laws 1935, c. 53, § 1, p. 183;
Laws 1939, c. 28, § 7, p. 147;
C.S.Supp.,1941, § 26-1002;
R.S.1943, § 23-1302;
Laws 2002, LB 1018, § 2;
Laws 2005, LB 762, § 1;
Laws 2021, LB105, § 1.
Cross References
Distribute political accountability and disclosure forms, see section 49-14,139.
Annotations
Failure by a public governing body, as defined under section 84-1409, R.R.S.1943, to take and record a roll call vote on an action, as required by section 84-1413(2), R.S.Supp.,1980, grants any citizen the right to sue for the purpose of having the action declared void. In this case such failure could not be later corrected by a nunc pro tunc order because there was no showing that a roll call vote on the disputed action was actually taken, and even if it was the record showed it was not recorded until over a year later. Sections 23-1301, R.R.S.1943, and 23-1302, R.R.S.1943, make it the duty of the county clerk to record proceedings of the board of county commissioners. State ex rel. Schuler v. Dunbar, 208 Neb. 69, 302 N.W.2d 674 (1981).
County clerk may be required by law to perform special duties, such as issuance of certificates of title in connection with motor vehicle registration, and the fees earned belong to the county. Hoctor v. State, 141 Neb. 329, 3 N.W.2d 558 (1942).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1304 - Official bonds; record; duty to keep.

23-1304.
Official bonds; record; duty to keep.
The county clerk shall keep a book in which shall be entered in alphabetical order, by name of the principal, a minute of all official bonds filed in the county clerk's office, giving the name of the office, amount and date of bond, names of sureties, and date of filing, with proper reference to the book and page where the same is recorded.
Source
Laws 1879, § 76, p. 375;
R.S.1913, § 5608;
C.S.1922, § 4927;
C.S.1929, § 26-1004;
R.S.1943, § 23-1304;
Laws 2018, LB786, § 1.
Annotations
Elected county officials are required to give individual official bonds. Blanket bond is not sufficient. Foote v. County of Adams, 163 Neb. 406, 80 N.W.2d 179 (1956).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1305 - Road record; duty to keep.

23-1305.
Road record; duty to keep.
It shall be the duty of the county clerk to record in a proper book, to be called the Road Record, a record of the proceedings in regard to laying out and establishing, changing or discontinuing roads in the county.
Source
Laws 1879, § 77, p. 375;
R.S.1913, § 5609;
C.S.1922, § 4928;
C.S.1929, § 26-1005;
R.S.1943, § 23-1305.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1306 - County officers; signatures and seals; duty to report to Secretary of State.

23-1306.
County officers; signatures and seals; duty to report to Secretary of State.
It shall be the duty of the county clerk to report to the Secretary of State, on or before the first day of February of each year, the names of all the county officers with their official signatures and seals of their respective offices. When any change is made in the incumbent of any county office, the change shall be forthwith reported by the county clerk to the Secretary of State, who shall preserve and record such lists with changes subsequently made therein.
Source
Laws 1879, § 90, p. 379;
R.S.1913, § 5610;
C.S.1922, § 4929;
C.S.1929, § 26-1006;
R.S.1943, § 23-1306;
Laws 1955, c. 76, § 1, p. 230.
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1307 - County clerks; election commissioners; deputies; oaths; acknowledgments.

23-1307.
County clerks; election commissioners; deputies; oaths; acknowledgments.
All county clerks and election commissioners and their deputies shall have authority to administer oaths and affirmations in all cases where oaths and affirmations are required and to take acknowledgments of deeds, mortgages, and all other instruments in writing, attesting to such with the county seal.
Source
Laws 1883, c. 19, § 1, p. 181;
R.S.1913, § 5611;
C.S.1922, § 4930;
C.S.1929, § 26-1007;
R.S.1943, § 23-1307;
Laws 2012, LB398, § 1.
Annotations
Clerk must report fees for such services, though performed as notary public. State ex rel. Frontier County v. Kelly, 30 Neb. 574, 46 N.W. 714 (1890).
Clerk or deputy may administer oaths and affirmations. Merriam v. Coffee, 16 Neb. 450, 20 N.W. 389 (1884).
2023 Nebraska Revised Statutes › Chapter 23 - County Government and Officers › 23-1309 - Veterans discharge record; duty to keep; information; confidential.

23-1309.
Veterans discharge record; duty to keep; information; confidential.
It shall be the duty of the county clerk in each county to keep in a separate book or books, entitled Discharge Record, a copy of all discharges or records of separation from active duty from the armed forces of the United States. Information contained in the Discharge Record shall be confidential and made available only to the veteran, county veterans service officer, or post service officer of a recognized veterans organization.
Source
Laws 1921, c. 123, § 1, p. 533;
C.S.1922, § 4935;
C.S.1929, § 26-1012;
R.S.1943, § 23-1309;
Laws 1945, c. 50, § 1, p. 234;
Laws 1953, c. 60, § 1, p. 198;
Laws 1969, c. 166, § 1, p. 742;
Laws 2005, LB 54, § 4.