The following rule is adopted by the County and District Courts of the Sixth Judicial District for the appointment of indigent counsel for individuals charged with crimes of misdemeanors and felonies after January 1, 2015. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

1. GENERAL.
2. Appointments of private attorneys shall be made on an impartial and equitable basis.
3. The appointments shall be distributed among the attorneys on a rotation system except as provided in Section III.
4. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.
5. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation.
6. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
7. COURT-APPOINTED ATTORNEY LIST.
8. Each County and District Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.
9. Attorneys may contact the County and District Court in each County and request the Clerks thereof to place them on, or remove them from, the court-appointed list.
10. The Clerks shall make the court-appointed attorney list available upon request.
11. METHOD OF SELECTION FROM COURT-APPOINTED LIST.
12. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:
13. the nature and complexity of the case;
14. an attorney’s experience;
15. the nature and disposition of the defendant;
16. a language consideration;
17. a conflict of interest;
18. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;
19. geographical considerations; and
20. other relevant factors that may be involved in a specific case.
21. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
22. REMOVAL AND REINSTATMENT FROM APPOINTMENT LIST.
23. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court judges.
24. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.
25. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.

Approved February 19, 2015.

   The following rule is adopted by the District and County Courts of the Sixth Judicial District for modified operating procedures effective January 1, 2022.

  A. Purpose: This rule is to establish a procedure for determining when Modified Operating Procedures shall be implemented and what those procedures shall be.

  B. Applicability: These procedures to be followed only upon a determination that normal operating procedures have been interrupted.

  C. When does implementation occur: Implementation of Modified Operating Procedures shall occur upon a determination by the presiding Judges of the District and County Court of the Sixth Judicial District.

  (1) Implementation shall occur upon mandates by Federal, State, or Local Government or upon determination by the District and County Court Judges after consulting with relevant local stakeholders, as determined by the local Judges and the presiding Judges.

  (2) Local stakeholders shall include, but not be limited to, the following: County Board, Local Law Enforcement (police and Sheriff), County Attorney’s Office, Public Defender’s Office, Sixth Judicial District Judges, Local Health Boards, Probation, Corrections, Local County Bar Association, and County and District Court Clerks and Clerk Magistrates.

  (3) It will be the duty of the Presiding Judges of the County Court and District Court to coordinate and facilitate communications with the stakeholders to plan and implement modified court procedures.

  D. Notice: Notice of implementation of Modified Operating Procedures shall be by posting on the Local Courthouse, media outlets, web sites, and any other means as determined by the Presiding Judges.

  E. Modified Operating Procedures:

  (1) Upon interruption of normal operating procedures by pandemic, natural disaster, or any other unforeseen circumstance the Court shall proceed to modify its operating procedures to ensure that all essential functions of the Court continue:

  (2) Essential functions shall include the following:

  (a) All custodial criminal proceedings;

  (b) Protection orders;

  (c) Receipt of all filings;

  (d) Criminal warrants (not to include time payment warrants);

  (e) Juvenile intakes;

  (f) Receipt of financial payments;

  (g) Processing of appeals;

  (h) Habeas corpus proceedings;

  (i) Statutorily mandated proceedings;

  (j) Emergency ex parte custody orders and emergency placement orders; and

  (k) Any other matters deemed essential upon determination by the presiding Judges of the District.

  (3) The Presiding Judges of the County and District Courts of the Sixth Judicial District shall develop protocols and procedures to allow the Courts to carry on essential functions. Those may include the following:

  (a) Use of virtual proceedings. (i.e., Webex, Zoom, etc.);

  (b) Relocation of the actual courtrooms;

  (c) Alternative filing methods; and

  (d) All other protocols deemed necessary by the Presiding Judges to carry on essential functioning.

  F. Notification: Notification of these protocols shall be by posting, e-mail, and any other methods available to ensure notice to Parties, Counsel, and the public.

  G. Return to Normal Operating Procedures: The Presiding Judges of the District shall be responsible for determining when the Courts return to normal operating procedures. Notice shall be provided as mentioned above to inform parties, counsel, and the public of the return to normal functioning.

Approved April 12, 2023.

   Virtual meetings will be available for nontestimonial proceedings based upon the sole discretion of each County and District Judge within his/her courtroom. Requests to participate by virtual proceedings shall be made to the Bailiff/Courtroom Clerk at least 48 hours in advance of the hearing. Each party appearing remotely will need to be logged in 5 minutes in advance of the hearing.

  Testimonial hearings shall not be conducted remotely except for when extraordinary circumstances arise and then it will be at the sole discretion of the County and District Judge within his/her courtroom, consistent with Neb. Rev. Stat. §§ 24-303 and 24-734.

Approved February 16, 2023.