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Nebraska

Categorical Right To Counsel

Discretionary Appointment Of Counsel

Right Or Appointment Is Qualified

No Such Proceeding

No Authorization, But Relevant Materials

Other

Recent Activity

Right to Counsel Status

Categorical Right To Counsel

There is a right to counsel without qualification for all indigent individuals in this type of case (except that the individual may be required to request counsel).

Discretionary Appointment Of Counsel

Courts are permitted but not required to appoint counsel for any indigent individual in this type of case. A request may be required.

Right Or Appointment Is Qualified

The established right to counsel or discretionary appointment of counsel is limited in some way, including: the only authority comes from a lower/intermediate court decision or a city government, not a high court or state legislature; a case has cast doubt on prior authority; a statute is ambiguous; or the right or discretionary appointment is not for all individuals or proceedings within that type of case.

No Such Proceeding

This state has no law creating a judicial proceeding of this type.

No Authorization, But Relevant Materials

While this state does not provide for or require appointment of counsel with respect to the given subject area, it does have something (such as a report or bar policy) that supports the right to or appointment of counsel for this subject area.

Other

Because the "Other subject areas” category can include developments from different subject areas that do not work the same way as each other, a blanket categorization of this category is not possible.

Denies

This state has law explicitly stating that there is no right to counsel for this area.

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

The NCCRC submitted testimony in support of the bill.

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.

Appointment of Counsel: Doesn't Affect

Qualified: No

In February 2024, the NCCRC submitted testimony in support of the bill to the Nebraska Judiciary Committee.

April 19, 2016

Presumptive appointment for criminal defendants & Discretionary appointment for claimants

Criminal defendants have a presumptive right to counsel in forfeiture cases, while appointment is discretionary for claimants.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Housing - Evictions

Legislation

Key Development

June 30, 2025

All about Nebraska's 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.

Appointment of Counsel: Yes

Qualified: Yes

Doesn't Affect

Other subject area

Legislation

January 7, 2026

LB66

Provides a right to counsel to unrepresented individuals in matters related to determinations of their capacity to make health care decisions.

Appointment of Counsel: Doesn't Affect

Qualified: No

Doesn't Affect

Truancy - Petition Against Child

Legislation

January 7, 2026

LB65

Exempting parents and juveniles from having to pay certain costs in a variety of matters including truancy proceedings under Section 43 247(3).

Appointment of Counsel: Doesn't Affect

Qualified: No

May 19, 2025

LR170

Proposes interim study to examine children's access to legal counsel in juvenile proceedings

Appointment of Counsel: Doesn't Affect

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

Categorical

Civil Commitment

Legislation

Key Development

Right to counsel

Indigent respondents have a right to counsel in civil commitment cases.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

Discretionary

Custody Disputes - Children

Legislation

Key Development

Discretionary appointment of counsel

A court may appoint counsel for a child in a private custody dispute.

Appointment of Counsel: Discretionary

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Domestic Violence - Alleged Victim

Legislation

Key Development

Right to counsel

In DV cases, the state must provide some emergency legal counseling to victims.

Appointment of Counsel: Yes

Qualified: Yes

Qualified

Forfeiture (incomplete)

Legislation

Key Development

April 19, 2016

Presumptive appointment for criminal defendants & Discretionary appointment for claimants

Criminal defendants have a presumptive right to counsel in forfeiture cases, while appointment is discretionary for claimants.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Discretionary

Qualified: No

Qualified

Housing - Evictions

Legislation

Key Development

June 30, 2025

All about Nebraska's 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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: Yes

Categorical

Sexually Dangerous Persons - Commitment

Legislation

Key Development

Right to counsel

Indigent respondents have a right to counsel in sex offender commitment cases.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: No Such Proceeding

Qualified: No

Qualified

Termination of Parental Rights (State) - Birth Parents

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.

Appointment of Counsel: Yes

Qualified: Yes

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.

Appointment of Counsel: Yes

Qualified: No

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.

Appointment of Counsel: Yes

Qualified: Yes

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).

Appointment of Counsel: Yes

Qualified: No

The NCCRC works to advance the right to counsel for low-income people in civil cases involving basic human needs, such as housing, health, domestic violence, civil incarceration, and child custody.

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