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NE LB859
Bill
Status
1/8/2026
Primary Sponsor
Eliot Bostar
Click for details
AI Summary
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Counties with a public defender may employ or contract with "county conflict counsel" — attorneys who represent indigent clients when the public defender has a conflict of interest or is otherwise unavailable
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Courts must appoint county conflict counsel before appointing outside private attorneys when the public defender cannot take a case, unless the conflict counsel also has a disqualifying conflict
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County conflict counsel in counties with populations over 170,000 must work full-time on indigent defense and cannot maintain a private law practice
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The bill applies to criminal defense, juvenile court proceedings, and mental health commitment cases under the Nebraska Mental Health Commitment Act and Sex Offender Commitment Act
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County conflict counsel cannot accept fees beyond their county compensation for appointed cases, and the county board must provide written notice of any conflict counsel employment or contract to presiding judges, child support referees, and the mental health board
Legislative Description
Provide for county conflict counsel to represent certain indigent persons when the public defender is unavailable
Last Action
Notice of hearing for February 11, 2026
2/3/2026