Neb. Rev. Stat. » Chapter 29
Nebraska Revised Statutes

Neb. Rev. Stat. § 29-2315.02 (2026)

Error proceedings by county attorney; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses

✓ text as last checked Oct. 2026 (this copy records no edition or section history)
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If the application is granted in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case against the prosecuting attorney. If the public defender declines the appointment because of a conflict of interest, the court shall appoint another attorney. An attorney other than the public defender appointed under this section shall file an application for fees and expenses in the court which appointed such attorney for all fees and expenses reasonably necessary to permit such attorney to effectively and competently represent the defendant and to argue the case against the prosecuting attorney. Such fees and expenses shall be paid out of the treasury of the county in the full amount determined by the court. If the court does not find a defendant indigent and does not appoint the public defender or another attorney, the defendant may be represented by an attorney of the defendant's choice.

Notes of Decisions
Cited in 1 case, 1991–1991 · leading case: State v. Matthews, 465 N.W.2d 763 (Neb. 1991).
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State v. Matthews, 465 N.W.2d 763 (Neb. 1991). · cites it 2× “Although counsel was appointed pursuant to the provisions of Neb. Rev. Stat. § 29-2315.02 (Reissue 1989) “to argue the case against” the State, appointed counsel filed no brief and made no other appearance in this court.”
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.