This bill amends the Nebraska Revised Statutes to establish the role of county conflict counsel, which is defined as an attorney licensed in Nebraska who is either employed by or contracted with the county to represent clients typically served by the public defender when the public defender is unavailable due to conflicts of interest or other valid reasons. The legislation mandates that counties with a public defender may employ or contract for one or more county conflict counsel and requires immediate written notification to relevant judicial authorities upon such employment. It also ensures that county conflict counsel provides representation to indigent individuals similarly to the public defender, prohibits them from engaging in private practice, and clarifies the appointment process for counsel in cases involving indigent defendants.

Additionally, the bill introduces provisions for the appointment of county conflict counsel in legal proceedings related to mental health and sex offender commitments. It specifies that when a court appoints counsel other than the public defender, it must appoint county conflict counsel unless there are conflicting interests or valid reasons for not doing so. The bill also clarifies the process for counsel to apply for fees and reimbursement for professional examinations and services related to the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. Furthermore, it ensures that subjects or their counsel can hire mental health professionals for independent evaluations, with specific provisions for indigent subjects regarding the number of professionals that can be employed. The bill also includes reimbursement provisions for these professionals and repeals several existing sections to streamline the legal framework.

Statutes affected:
Introduced: 29-3901, 29-3903, 29-3904, 29-3905, 29-3918, 29-3922, 43-272, 43-273, 71-946, 71-947, 71-948