Nebraska authorizes appointment of counsel in civil forfeiture cases

04/19/2016 , Nebraska , Legislation , Forfeiture (incomplete)

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
? 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.