(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.
Notes of Decisions
Nebraska Repub. Party v. Shively - special release, 311 Neb. 160 (Neb. 2022).
· cites it 18× “6 The latter statute sets forth requirements for one seeking nomination in a county such as Lancaster County: (1) No person shall seek nomination or appointment for the office of county attorney .”
Nebraska Repub. Party v. Shively - special release, 311 Neb. 160 (Neb. 2022).
· cites it 16× “§ 23-1201.02 (1) (Reissue 2012), “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.”
Lyons v. York Cnty. Bd. of Commissioners (D. Neb. 2022).
“However, this provision, like § 23-1201.02(2), actually recognizes that there is a distinction between a person elected to an office, and a person appointed to fulfill the duties of an office—but for the purpose of an upcoming election, both are deemed to be "incumbents” for…”
— Neb. Rev. Stat. § 23-1201.02(1) — 2 cases
Nebraska Repub. Party v. Shively - special release, 311 Neb. 160 (Neb. 2022).
“6 The latter statute sets forth requirements for one seeking nomination in a county such as Lancaster County: (1) No person shall seek nomination or appointment for the office of county attorney .”
Nebraska Repub. Party v. Shively - special release, 311 Neb. 160 (Neb. 2022).
“§ 23-1201.02 (1) (Reissue 2012), “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.”
— Neb. Rev. Stat. § 23-1201.02(2) — 1 case
Lyons v. York Cnty. Bd. of Commissioners (D. Neb. 2022).
“However, this provision, like § 23-1201.02(2), actually recognizes that there is a distinction between a person elected to an office, and a person appointed to fulfill the duties of an office—but for the purpose of an upcoming election, both are deemed to be "incumbents” for…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.