Neb. Rev. Stat. » Chapter 23
Nebraska Revised Statutes

Neb. Rev. Stat. § 23-1205 (2026)

Acting county attorney; appointment; when authorized; compensation

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions
Cited in 12 cases (2 in the last 5 years), 1965–2025 · leading case: State v. Heather N. (In Re Michael N.), 302 Neb. 652 (Neb. 2019).
Sort: Relevance Newest Treatment
State v. Heather N. (In Re Michael N.), 302 Neb. 652 (Neb. 2019). · cites it 6× “But I can envision a scenario in which an opposing party could raise the argument that a court’s removal of one prosecutor and appoint- ment of another required the court’s recusal.”
State v. Chauncey, 890 N.W.2d 453 (Neb. 2017). · cites it 6× “With regard to the appointment of Zimmerman as special prosecutor for the grand jury proceeding, the court noted that Neb. Rev. Stat. § 23-1205 (Reissue 2012) provides that a dis- trict court may appoint an acting county attorney “[d]ue to the absence, sickness, disability, or…”
In Re Complaint Against White, 651 N.W.2d 551 (Neb. 2002). · cites it 9× “The respondent invoked Neb.Rev.Stat. § 23-1205 (Reissue 1997), which provides, in relevant part: In the absence, sickness or disability of the county attorney and his deputies, or upon request of the county attorney for good cause, the court may appoint an attorney to act as…”
Stewart v. McCauley, 133 N.W.2d 921 (Neb. 1965). · cites it 8× “Section 23-1205, R.R.S.1943, gives the district court the authority to appoint an acting county attorney in the event of absence, sickness, or disability of the county attorney.”
Schirber v. State Ex Rel. Thomas, 581 N.W.2d 873 (Neb. 1998). · cites it 4× “Schirber, as acting county attorney pursuant to Neb. Rev. Stat. § 23-1205 et seq. (Reissue 1991 & Supp.”
In re Interest of Michael N., 302 Neb. 652 (Neb. 2019). · cites it 3× “But I can envision a scenario in which an opposing party could raise the argument that a court’s removal of one prosecutor and appoint- ment of another required the court’s recusal.”
State ex rel. Comm'n on Jud. Qualifications v. White, 651 N.W.2d 551 (Neb. 2002). · cites it 9× “The respondent invoked Neb. Rev. Stat. § 23-1205 (Reissue 1997), which provides, in relevant part: In the absence, sickness or disability of the county attorney and his deputies, or upon request of the county attorney for good cause, the court may appoint an attorney to act as…”
State ex rel. Condon v. Braaten, 320 Neb. 214 (Neb. 2025). · cites it 8× “Following Braaten’s appointment, Condon sought leave to file this original quo warranto action, which we granted.”
State v. Rivera, 711 N.W.2d 573 (Neb. Ct. App. 2006). · cites it 2× “The legislative history cited by Rivera does not state that such an appointment cannot be made on the district court’s own motion and seems more likely to have been pertinent to Neb.”
Gardner v. Franklin (D. Neb. 2022). · cites it 4× “" Neb. Rev. Stat. § 23-1205 .) On September 15, the grand jury returned an indictment against Gardner for manslaughter, terroristic threats, attempted assault, and use of a weapon to commit a felony.”
In re Interest of Michael N., 302 Neb. 652 (Neb. 2019). · cites it 3× “But I can envision a scenario in which an opposing party could raise the argument that a court’s removal of one prosecutor and appoint- ment of another required the court’s recusal.”
State v. Kays (Neb. Ct. App. 2013). · cites it 4× “The Nebraska Supreme Court phrased the question presented as whether an irresponsible parent (or possibly a much worse parent) could prevent action by the juvenile court to protect the welfare of an innocent child merely by hiring the county attorney in a civil action involving…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.