Nebraska
Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Categorical
Abuse/Neglect/Dependency - Accused Parents
Legislation
Key Development
Right to counsel
Indigent parents have a right to counsel in abuse/neglect proceedings, and must be informed of this right.
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Qualified
Abuse/Neglect/Dependency - Children
Legislation
Key Development
Right to counsel
Some children have an arguable right to counsel in abuse and TPR cases, and all children have a right to a guardian ad litem who is an attorney.
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Qualified
Adult Protective Proceedings - Protected Person
Legislation
Key Development
Right to attorney guardian ad litem
At hearings regarding continued involuntary protective services, the court must appoint an attorney guardian ad litem for unrepresented adults.
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Categorical
Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)
Legislation
Key Development
Right to counsel
There is a right to counsel upon request for a minor seeking to bypass the parental consent requirement for abortion.
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Categorical
Civil Commitment
Legislation
Key Development
Right to counsel
Indigent respondents have a right to counsel in civil commitment cases.
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Qualified
Civil Contempt in Family Court
Litigation
Key Development
Right to counsel
The Nebraska Supreme Court found a federal constitutional right to counsel in civil contempt proceedings.
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Doesn't Affect
Consumer or Other Debt
Legislation
June 21, 2017
Legislation (dead): debt collection proceedings
This bill would have, among other things, required appointment of counsel for contempt proceedings related to debt collection.
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Discretionary
Custody Disputes - Children
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for a child in a private custody dispute.
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Qualified
Divorce
Legislation
Key Development
Discretionary appointment of counsel - Party "mentally ill"
A court must appoint a GAL or attorney or both in divorce proceedings where a spouse is mentally ill.
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Qualified
Domestic Violence - Alleged Victim
Legislation
Key Development
Right to counsel
In DV cases, the state must provide some emergency legal counseling to victims.
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Qualified
Forfeiture (incomplete)
Legislation
Key Development
April 19, 2016
Nebraska authorizes appointment of counsel in civil forfeiture cases
A new law authorizes appointment of counsel for a person (other than the defendant) claiming an interest in property subject to forfeiture.
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Key Development
April 18, 2024
Forfeiture right to counsel bill indefinitely postponed
The bill would have provided appointed counsel to certain forfeiture defendants and allowed appointment for indigent innocent owners.
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Discretionary
Guardianship/Conservatorship of Adults - Protected Person
Legislation
Key Development
Discretionary appointment of counsel
A court may appoint counsel for the proposed ward in various kinds of guardianship proceedings.
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Doesn't Affect
Housing - Evictions
Miscellaneous
December 29, 2022
Omaha looks to add tenant right to counsel
Omaha's affordable housing plan includes right to counsel as one of its stated goals.
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Legislation
April 17, 2024
Nebraska enacts right to counsel for certain public housing tenants
In 2024, Nebraska enacted a right to appointed counsel for public housing residents in certain cities for administrative hearings & evictions.
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Categorical
Other subject area
Legislation
Key Development
Right to counsel - Youth transitioning out of foster care
Nebraska law provides a right to appointed counsel for a ward of the state who is aging out of foster care and still needs services.
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Qualified
Parentage - Defendant/Respondent
Litigation
Key Development
Right to counsel
The Nebraska Supreme Court found a state/federal constitutional right to counsel in state-initiated paternity proceedings.
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Qualified
Quarantine/Isolation
Court Rule or Initiative
Key Development
Right to counsel
The Nebraska Pandemic Bench Book suggests there is a due process right to counsel for quarantine/isolation.
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Categorical
Sexually Dangerous Persons - Commitment
Legislation
Key Development
Right to counsel
Indigent respondents have a right to counsel in sex offender commitment cases.
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No Such Proceeding
Sterilization
Legislation
Sterilization law repealed
Neb. Stat. § 83-501 to 83-508 (sterilization laws) were repealed by Laws 1969, ch. 825, § 1.
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Categorical
Termination of Parental Rights (State) - Birth Parents
Legislation
Key Development
Right to counsel
There is a right to counsel for indigent parents in termination of parental rights cases, and they must be informed of this right.
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Litigation
Key Development
Right to counsel
The Nebraska Supreme Court found a due process right to counsel in termination of parental rights cases, but its holding is questionable.
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Qualified
Termination of Parental Rights (State) - Children
Legislation
Key Development
Right to counsel
Some children have an arguable right to counsel in abuse and TPR cases, and all children have a right to a guardian ad litem who is an attorney.
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Categorical
Truancy - Petition Against Child
Legislation
Key Development
Right to counsel
Nebraska children have a right to counsel in truancy cases (which are treated as a status offense).
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Debtor’s Prison / Financial
Domestic Violence
Education
Family Law
Qualified