Neb. Rev. Stat. » Chapter 71
Nebraska Revised Statutes

Neb. Rev. Stat. § 71-945 (2026)

Subject's rights; representation by counsel; appointment of counsel if indigent

✓ current as of July 2026
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A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. Counsel for a subject who is in custody shall have full access to and the right to consult privately with the subject at all reasonable times. As soon as possible after a subject is taken into emergency protective custody under section 71-919, or after the filing of a petition under section 71-921 or 71-1205, whichever occurs first, and before the mental health board hearing conducted under section 71-924 or 71-1208, the board shall determine whether the subject is indigent. If the subject is found to be indigent, the board shall certify that fact to the district or county court by causing to be delivered to the clerk of such court a certificate for appointment of counsel as soon as possible after a subject is taken into emergency protective custody or such petition is filed.

Notes of Decisions
Cited in 5 cases (4 in the last 5 years), 2017–2025 · leading case: D.I. v. Gibson, 890 N.W.2d 506 (Neb. 2017).
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D.I. v. Gibson, 890 N.W.2d 506 (Neb. 2017). · cites it 6× “Neb. Rev. Stat. § 71-945 (Reissue 2009) authorizes the appointment of counsel for subjects involved in proceedings under the Sex Offender Commitment Act.”
Martinez v. Whitmire (D. Neb. 2021). · cites it 2× “e Fifth and Fourteenth Amendments were violated because the Board (1) refused to provide Petitioner with a certified hearing transcript needed for appellate and habeas corpus collateral attack purposes; (2) refused to provide Petitioner with mandatory and periodic post…”
Bumann v. Nebraska Mental Health Bd. (D. Neb. 2021). · cites it 2× “See Neb. Rev. Stat. § 71-945 (“A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or [SOCA].”
Jones v. Whitmire (D. Neb. 2022). · cites it 2× “See Neb. Rev. Stat. § 71-945 (“A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or the [SOCA].”
Martinez v. Whitmire (D. Neb. 2025). “§§ 71-945 , 71-946, and 71-959(9) in post-commitment proceedings.”
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