Nebraska

Categorical Right To Counsel
Discretionary Appointment Of Counsel
Right Or Appointment Is Qualified
No Such Proceeding
No Authorization, But Relevant Materials
Other
Doesn't Affect

Forfeiture (incomplete)

Legislation

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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Appointment of Counsel:  Doesn't Affect
Qualified: No
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
In February 2024, the NCCRC submitted testimony in support of the bill to the Nebraska Judiciary Committee.
Qualified

Housing - Evictions

Legislation

Key Development
? While a state may have many statutes, court decisions, or court rules governing appointment of counsel for a particular subject area, a "Key Development" is a statute/decision/rule that prevails over the others (example: a state high court decision finding a categorical right to counsel in guardianships cases takes precedence over a statute saying appointment in guardianship cases is discretionary).
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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Appointment of Counsel:  Yes
Qualified: Yes
? If "yes", the established right to counsel or discretionary appointment of counsel is limited in some way, including any of: the only authority is a lower/intermediate court decision or a city council, not a high court or state legislature; there has been a subsequent case that has cast doubt; a statute is ambiguous; or the right or discretionary appointment is not for all types of individuals or proceedings within that category.
Categorical

Abuse/Neglect/Dependency - Accused Parents

Qualified

Abuse/Neglect/Dependency - Children

Qualified

Adult Protective Proceedings - Protected Person

Categorical

Bypass of Parental Input into Abortion - Minor (Pre-Dobbs)

Categorical

Civil Commitment

Qualified

Civil Contempt in Family Court

Discretionary

Custody Disputes - Children

Qualified

Divorce

Qualified

Domestic Violence - Alleged Victim

Qualified

Forfeiture (incomplete)

Discretionary

Guardianship/Conservatorship of Adults - Protected Person

Qualified

Housing - Evictions

Categorical

Other subject area

Qualified

Parentage - Defendant/Respondent

Qualified

Quarantine/Isolation

Categorical

Sexually Dangerous Persons - Commitment

No Such Proceeding

Sterilization

Categorical

Termination of Parental Rights (State) - Birth Parents

Qualified

Termination of Parental Rights (State) - Children

Categorical

Truancy - Petition Against Child