(1) Except as provided in subsection (2) of this section, a qualified person need not be a resident of the county when he or she files for election as county attorney, but if elected as county attorney, such person shall reside in a county for which he or she holds office, except that a county attorney serving in a county which does not have a city of the metropolitan, primary, or first class may reside in an adjoining Nebraska county.
(2) If there is no county attorney elected pursuant to section 32-522 or if a vacancy occurs for any other reason, the county board of such county may appoint a qualified attorney from any Nebraska county to the office of county attorney. In making such appointment, the county board shall negotiate a contract with the attorney, such contract to specify the terms and conditions of the appointment, including the compensation of the attorney, which compensation shall not be subject to sections 23-1114.02 to 23-1114.06.
Notes of Decisions
Cited in
7
cases (
3 in the last 5 years), 1996–2022 · leading case:
Hogan v. Garden Cnty., 646 N.W.2d 257 (Neb. 2002).
Hogan v. Garden Cnty., 646 N.W.2d 257 (Neb. 2002).
· cites it 3× “Hynes, filed a complaint for Hogan’s removal from office, alleging that Hogan resided outside of Garden County, in violation of Neb. Rev. Stat. § 23-1201.01 (Supp. 1993), and that therefore, Hogan was guilty of official misconduct and his office should be declared vacant.”
Hynes v. Hogan, 558 N.W.2d 35 (Neb. 1997).
· cites it 4× “ANALYSIS At the pertinent time, the relevant portion of Neb. Rev. Stat. § 23-1201.01 (Supp. 1993) provided that a county attorney “need not be a resident of the county” when filing for election, but “shall reside in the county in which he or she holds office.”
Hynes v. Hogan, 553 N.W.2d 162 (Neb. Ct. App. 1996).
· cites it 10× “On March 21, 1995, Hynes filed a complaint for removal, alleging that Hogan had continued to reside in Ogallala, Keith County, in violation of Neb. Rev. Stat. § 23-1201.01 (Cum. Supp. 1994).”
Lyons v. York Cnty. Bd. of Commissioners (D. Neb. 2022).
· cites it 7× “Neb. Rev. Stat. § 23-1201.01 (2). The question here is whether a person appointed to the vacated or unelected office of county attorney pursuant to § 23-1201.”
Nebraska Repub. Party v. Shively - special release, 311 Neb. 160 (Neb. 2022).
“BACKGROUND Statutory Provisions Regarding County Attorney Candidates With certain exceptions, 4 a county attorney is elected in each county at the statewide general election every 4 years.”
Lang v. Howard Cnty. (Neb. 2013).
· cites it 2× “while employed by a political subdivision if such services are performed by an individual in the exercise of his or her duties: (i) As an elected official; (ii) as a member of the legislative body or a mem- ber of the judiciary of a state or political subdivision thereof; (iii)…”
— Neb. Rev. Stat. § 23-1201.01(2) — 1 case
Lyons v. York Cnty. Bd. of Commissioners (D. Neb. 2022).
“Neb. Rev. Stat. § 23-1201.01 (2). The question here is whether a person appointed to the vacated or unelected office of county attorney pursuant to § 23-1201.”
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