Right to counsel

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

Neb. Stat. § 71-6903(9) provides that a pregnant minor who seeks to bypass the parental consent requirement for an abortion has to be notified of her right to counsel and must be provided with counsel upon request. Section 71-6904(5) further provides that if the judge refuses the waiver and the minor appeals, she “shall have the . . . right to counsel at the appellate level if not already represented. Such counsel shall be appointed by the court and shall receive a fee . . . to be paid [by the] county in which the proceeding was held.”

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Note: Since the U.S. Supreme Court decision’s in Dobbs v. Jackson Women’s Health Organization, 142 S.Ct. 2228 (2022), the laws governing abortion are complicated and rapidly changing.  This major development may not be current since Dobbs.  For up-to-date information about the status of abortion by state, please see Center for Reproductive Rights, After Roe Fell: Abortion Laws by State.

Appointment of Counsel: Yes
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.