Nebraska authorizes appointment of counsel in civil forfeiture cases

Key_development Question_mark

04/19/2016, Legislation, Civil Forfeiture

In forfeiture proceedings for property involved in the commission of certain crimes, a person, other than the defendant, who has a claimed interest in the property may petition to intervene “for the specific and limited purpose of demonstrating his [or] her . . . legal interest in the property and . . . lack of actual knowledge that such property was derived from, used, or intended to be used in violation of” the relevant statutes.  Neb. Rev. Stat. Ann. § 28-1601(3).  “The court, on its own motion or upon application of the intervening claimant, may appoint counsel to represent such person if such person is indigent.”

Appointment of Counsel: discretionary Qualified: yes