To the extent applicable to proceedings within the jurisdiction of the separate juvenile courts of Nebraska, Neb. Ct. R. § 6-1521 shall govern orders, filings, documents, and pleadings in the separate juvenile courts. Neb. Ct. R. § 6-1521 provides as follows:

   The following privacy rules shall apply to all pleadings, documents, exhibits, court orders, judgments, and decrees filed in all civil actions in the district courts of Nebraska:

   (A) This rule seeks to prevent birth dates, gender, Social Security numbers, and financial account numbers of all persons, including minor children, from being included in court records generally available to the public.

   (B) Separate document. The personal and financial information identified in § 6-1521(A) shall be set forth in a separate document as set forth in Appendix 3 to these rules.

   (1) Electronic submission. Such separate document shall be submitted electronically as provided by Neb. Ct. R. § 2-210.

  (2) Paper submission. If the document is submitted in paper form, it shall contain, at the top of the first page, the following language, in bold type: This document is confidential and shall not be made part of the court file or provided to the public pursuant to Neb. Ct. R. § 6-1521. The clerk of the court shall keep the document separate from the case file but accessible to judges and court staff.

   (3) Storage of document and/or data. If the document is submitted in electronic form, or converted from paper form to electronic form, the electronic document or the data contained therein may be reproduced or stored in JUSTICE or other court case and financial management system. Such electronic document, image, or data shall be electronically marked and shall not be accessible or viewable by the public, except as expressly authorized by written court order.

   (4) Access to documents and/or data by government agencies and officials. Unless otherwise provided by statute, court rule, or court order, access to such electronic documents, images, or data by governmental agencies and officials shall be implemented by agency agreements approved by the Nebraska Supreme Court. Application for access to such electronic document, image, or data by government agencies and officials shall be made by such agency or official on the form provided at Appendix 4, which shall include all information as requested on Appendix 4.

   (C) The personal and financial information identified in § 6-1521(A) shall not be included in any pleading or document submitted by a party or counsel for filing with the court, except by reference to a separate Appendix 3 document. An Appendix 3 document shall be separately tendered with any such pleading or other document, and if the Appendix 3 document is submitted in electronic form, it shall be identified in the filing transmittal as a confidential Appendix 3 submission. The form in Appendix 3 is mandatory with respect to the information identified in § 6-1521(A), but a party, attorney, or court may include in the Appendix 3 form additional personal or financial information sought to be protected.

   (D) The personal and financial information identified in § 6-1521(A) shall not be included in any court order, judgment, or decree, including, but not limited to, any decree of dissolution of marriage, decree of legal separation, order of paternity, qualified domestic relations order, or other child support order or order of modification, except by reference to a separate Appendix 3 document. Where the court finds that an order, judgment, or decree must contain Social Security numbers or other personal information stated in § 6-1521(A), the court shall have the original order sealed and provide in the case file a redacted version of the order for public view.

   (E) No exhibit used at trial shall contain a complete account number for any financial accounts or debts of any party. The same shall be redacted by the person offering the exhibit to the extent necessary to protect the information from misuse. By agreement of the parties, or as directed by the court, financial account information shall be identified in all pleadings, other documents and court orders, judgments, or decrees in such a manner as the parties, counsel, court, and jury may be able to distinguish information between similar accounts or debts, or as may be necessary to establish relevance to the matter being litigated.

   (F) The name, birth date, gender, and Social Security number information of parties sought to be protected by this rule may be furnished to the clerk of the court by the parties prior to issuance of any order or decree. This information shall be furnished by submitting the form provided in Appendix 3. Protection of this information shall be as set forth in § 6-1521(B). Where a party or counsel is required by statute or rule to furnish information identified in § 6-1521(A) to a court or clerk of the court but such information is not required to be filed, the clerk of the court shall not place such information in the court file or allow such information to be accessible to the public.

   (G) The responsibility for redacting personal and financial data set forth in § 6-1521(A) rests solely with counsel and the parties. The clerk of the court shall not be required to review documents for compliance with this rule. If a clerk of the court identifies a violation of this rule, the clerk may, at his or her option, provide a redacted document for public access. However, the clerk electing to provide a redacted copy for public access shall maintain the original document without any alterations thereof, which document shall only be available to the court and the parties or the parties' counsel.

§ 6-1701(B) and (F) amended January 27, 2010; § 6-1701(B) amended May 16, 2012; § 6-1701 amended November 17, 2021, effective January 1, 2022.

   Each separate juvenile court by action of a majority of its judges may from time to time recommend other local rules not inconsistent with these rules nor inconsistent with any directive of the Supreme Court or statutes of the State of Nebraska. Such recommended rules shall be submitted as provided in Neb. Ct. R. § 1-103(A). Such recommended rules shall become effective upon approval by the Supreme Court, at which time they shall be published on the Nebraska Supreme Court's website.

§ 6-1702 amended June 9, 2021, effective January 1, 2022; § 6-1702 amended September 7, 2022.

   The court’s automated case management system may notify a court clerk that a filing has been received from an attorney who does not have an active license to practice law in Nebraska. Upon receipt of this notice, the clerk shall attempt to verify the attorney’s status as active. If the clerk cannot do so, the clerk shall notify the judge assigned to the case. If no judge has been assigned to the case, the clerk shall notify the presiding judge. See Neb. Rev. Stat. § 7-101.

§ 6-1703 adopted May 8, 2013.

   (A) Every judicial district shall have a transparent process for appointment of counsel as provided by Neb. Rev. Stat. § 43-272.

   (B) The separate juvenile court judges of each separate juvenile court shall adopt a local rule for the juvenile court regarding appointment of counsel in juvenile cases. Such local rule shall be made public and shall include, but not be limited to:

   (1) Provision for maintenance of a list of all licensed attorneys who may be expected to accept appointments in juvenile cases, and information on obtaining such list from the court;

   (2) The separate juvenile court's process for appointments under Neb. Rev. Stat. § 43-272; and

   (3) Information as to how an attorney may be added to or, if permitted, removed from the court-appointed attorney list.

   (C) Such local rule shall be governed by § 6-1702.

   (D)  Before the claim of any attorney appointed by the court is allowed in juvenile matters, such attorney shall make a written application for fees, certified to be true and correct, stating time and expenses in the case, and shall serve the same upon the county attorney. For interim applications, a general itemization of fees and expenses incurred shall be certified. Counsel shall also state in the application that counsel has not received and has no contract for the payment of any compensation by such client, or anyone in the client's behalf, or, if counsel has received any fee or has a contract for the payment of same, shall disclose the same fully so that the proper credit may be taken on counsel's application. The application shall be filed with the clerk. If a hearing is required, the time and date of hearing shall be set by court order or notice of hearing.

§ 6-1704 adopted February 12, 2014; § 6-1704 amended June 9, 2021, effective January 1, 2022; § 6-1704 amended November 17, 2021, effective January 1, 2022.

   (A) Purpose.

   The purpose of these practice standards is to ensure that the legal and best interests of juveniles in dependency and abuse/neglect proceedings initiated under the Nebraska Juvenile Code are effectively represented by their court-appointed guardians ad litem. These practice standards are also intended to ensure that such interests of juveniles involved in delinquency, status offense, or other proceedings initiated under the Nebraska Juvenile Code are effectively protected when a guardian ad litem has been appointed.

   (B) Appointment.

   (1) In accordance with the Nebraska Juvenile Code, specifically Neb. Rev. Stat. § 43-272(3), only a lawyer duly licensed by the Nebraska Supreme Court may be appointed to serve as a guardian ad litem for a juvenile.

   (2) When feasible, the duties of a guardian ad litem should be personal to the appointed lawyer and should not normally be delegated to another person or lawyer.

   (3) Any lawyer who serves as a guardian ad litem should fulfill the training requirements described in the Nebraska Supreme Court Rule Regarding Guardian Ad Litem Training for Attorneys.

   (C) Role of Guardian Ad Litem.

   (1) Neb. Rev. Stat. § 43-272(3) authorizes a guardian ad litem in juvenile proceedings to fulfill a "dual role" with respect to the juvenile, that is, to serve as:

   (a) An advocate for the juvenile who is deemed as the parent of the juvenile and charged with a duty to investigate facts and circumstances, determine what is in the juvenile's best interests, report to the court and make recommendations as to the juvenile's best interests, and take all necessary steps to protect and advance the juvenile's best interests; and

   (b) Legal counsel for the juvenile.

   (2) Where a lawyer has already been appointed to represent the legal interests of the juvenile, for example in a delinquency case, another lawyer appointed to serve as a guardian ad litem for such juvenile shall function only in a single role as guardian ad litem for the juvenile concerning the juvenile's best interests, and shall be bound by all of the duties and shall have all of the authority of a guardian ad litem, with the exception of acting as legal counsel for the juvenile.

   (3) Accordingly, the following shall apply:

   (a) In serving as advocate for the juvenile to protect his or her best interests, the guardian ad litem shall make an independent determination as to the juvenile's best interests, by considering all available information and resources. The guardian ad litem's determination as to best interests is not required to be consistent with any preferences expressed by the juvenile.

   (b) Upon making such determination, the guardian ad litem shall make such recommendations to the court and shall take the necessary actions to advocate and protect the best interests of the juvenile.

   (c) As legal counsel for the juvenile, the guardian ad litem shall be entitled to exercise and discharge all prerogatives to the same extent as a lawyer for any other party in the proceeding.

   (d) Where the juvenile expresses a preference which is inconsistent with the guardian ad litem's determination of what is in the best interests of the juvenile, the guardian ad litem shall assess whether there is a need to request the appointment of a separate legal counsel to represent the juvenile's legal interests in the proceeding. In making such assessment, the guardian ad litem shall consider:

   (i) The juvenile's age,

   (ii) The juvenile's capacity,

   (iii) The juvenile's level of maturity, and

   (iv) The nature of the inconsistency between the juvenile's expressed preference and the guardian ad litem's determination as to the juvenile's best interests.

   (e) After making such assessment, the guardian ad litem shall request the court to make a determination whether special reasons exist for the court to appoint separate legal counsel to represent the legal interests of the juvenile where the guardian ad litem determines all of the following:

   (i) That the juvenile's expressed preference represents a communication that is made by a juvenile of sufficient age, capacity, and maturity;

   (ii) That the juvenile's expressed preference is of significance to other matters or issues in the case affecting the juvenile, and is within the bounds of law and reality; and

   (iii) That the guardian ad litem believes that it would be a conflict of interest for the guardian ad litem to continue to act as legal counsel for the juvenile in light of the preference expressed by the juvenile.

   (f) In any situation where the guardian ad litem has been appointed to represent more than one juvenile within the same case, the guardian ad litem shall ascertain throughout the case whether the guardian ad litem's advocacy of the legal and best interests of any one juvenile would be adverse to or conflict with the legal and best interests of any other juvenile represented by the same guardian ad litem. Where the guardian ad litem reasonably believes that to continue as guardian ad litem for all of the juveniles would be problematic in this specific regard, the guardian ad litem shall apply to the court for the appointment of a separate guardian ad litem and/or legal counsel for the juvenile(s). Where any juvenile has expressed a preference or position regarding a certain matter or issue, the guardian ad litem shall utilize the standards set forth in § 6-1705(C)(3)(e) above.

   (g) If the court exercises its statutory authority to appoint separate legal counsel, such counsel shall represent the juvenile's legal interests. The guardian ad litem shall continue to advocate and protect the juvenile's social and best interests as defined under the Nebraska Juvenile Code.

   (D) Authority of Guardian Ad Litem.

   (1) Access to information and juvenile.

   (a) The guardian ad litem is entitled to receive all pleadings; notices, to include timely notices of change of placement; and orders of the court filed in the proceeding, and should make reasonable efforts to obtain complete copies of the same.

   (b) The guardian ad litem is entitled to receive copies of all case plans and court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Office, and any Court Appointed Special Advocate (CASA), as well as reports, summaries, evaluations, records, letters, and documents prepared by any other provider which the guardian ad litem deems relevant to the best interests or legal rights of any juvenile represented by the guardian ad litem. Where these documents are not provided as a matter of course to the guardian ad litem, they shall be provided upon the request of the guardian ad litem.

   (c) The guardian ad litem, standing in lieu of the parent for a protected juvenile who is the subject of a juvenile court petition shall also have the same right as the juvenile's legal guardian to (1) obtain information from all professionals and service providers, including, but not limited to, verbal communications and written reports, summaries, opinions, and evaluations, and information regarding the juvenile's placement; and (2) to receive notice of and participate in all conferences, staffings or team meetings, and hearings relating to the juvenile's health, education, placement, or any other matter which in the opinion of the guardian ad litem is relevant to, or which affects, the best interests or legal rights of the juvenile.

   (d) The guardian ad litem is authorized to communicate with and respond to inquiries for information regarding the juvenile made by the Nebraska Foster Care Review Office, the Department of Health and Human Services case manager, or CASA.

   (e) The guardian ad litem is authorized to make announced or unannounced visits to the juvenile at his or her home or placement or at any location at which the juvenile may be present.

   (f) The court should facilitate the guardian ad litem's authority to obtain information regarding the juvenile by including the following language, or language substantially similar thereto, in its initial order of appointment of the guardian ad litem:

   "The guardian ad litem appointed herein by this Court shall have full legal authority to obtain all information which relates to the above-named juvenile.

   "To that end, the guardian ad litem is hereby authorized by this Court to communicate verbally or in writing with any agency, organization, person, or institution, including, but not limited to, any school personnel, counselor, or drug or alcohol treatment provider; or police department or other law enforcement agency; any probation, parole, or corrections officer; any physician, psychiatrist, psychologist, therapist, nurse, or mental health care provider; or any hospital, clinic, group home, treatment group home, residential or mental health treatment facility, or youth rehabilitation treatment center; any social worker, case manager, or social welfare agency, including the Nebraska Department of Health and Human Services and its employees and administrators; any person or agency or institution charged with supervising visitation; or any family member, guardian, foster parent, or any other person.

   "The guardian ad litem is further hereby authorized to obtain from all persons, organizations, or entities, including, but not limited to, those described in the paragraph above, all information, including, but not limited to, the inspection of, and obtaining of complete copies of records, reports, summaries, evaluations, correspondence, written documents, or other information, orally or in any media form, which relate to the above-named juvenile even if such information concerns his or her parents, or any other person or any situation that the guardian ad litem deems necessary in order to properly represent the juvenile's interests."

   (E) Duties of Guardian Ad Litem.

   (1) Consultation with juvenile.

   (a) The phrase "consultation with the juvenile," as used in the Nebraska Juvenile Code, generally means meeting in person with the juvenile, unless prohibited or made impracticable by exceptional circumstances, as set forth in § 6-1705(E)(1)(d) below.

   (b) The guardian ad litem should consult with the juvenile when reasonably possible and at those times and intervals as required by the Nebraska Juvenile Code.

   (c) In addition to the statutorily required intervals for consulting with the juvenile, when possible, the guardian ad litem should consult with the juvenile when:

   (i) The juvenile requests that the guardian ad litem meet with him or her;

   (ii) The guardian ad litem has received notification of any emergency, or other significant event or change in circumstances affecting the juvenile, including a change in the juvenile's placement; and

   (iii) Prior to any hearing at which substantive issues affecting the juvenile's legal or best interests are anticipated to be addressed by the court.

   (iv) The guardian ad litem should make every effort to see the juvenile in his or her placement at least once, with respect to each such placement.

   (d) Where an unreasonable geographical distance is involved between the location of the juvenile and the guardian ad litem, the guardian ad litem should explore the possibility of obtaining from the court an advance determination that the court will arrange for the payment or reimbursement of the guardian ad litem's reasonable expenses incurred in connection with the travel to meet with the juvenile.

   (e) "Exceptional circumstances" generally include, but are not limited to, those situations where an unreasonable geographical distance is involved between the location of the guardian ad litem and the juvenile. Where such exceptional circumstances exist, the guardian ad litem should attempt consultation with the juvenile by other reasonable means, including, but not limited to, telephonic means, assuming that the juvenile is of sufficient age and capacity to participate in such means of communication and there are no other barriers preventing such communication. Where consultation by telephonic means is also not feasible, the guardian ad litem should seek direction from the court as to any other acceptable method by which to accomplish such consultation with the juvenile.

   (2) Inquiry and consultation with others.

   (a) The guardian ad litem is required to make inquiry of the juvenile's caseworker, foster parent, or legal custodian and any other person directly involved with the juvenile who may have knowledge about the case or the development of the juvenile. The guardian ad litem should also make inquiry of any other persons who have knowledge or information relevant to the juvenile's best interests. The guardian ad litem may obtain such information through the means of direct inquiry, interview, or the discovery process.

   (b) The guardian ad litem has a duty to read and comprehend the court reports prepared by the Nebraska Department of Health and Human Services, the Nebraska Foster Care Review Office, the CASA volunteer, and from all other persons or providers assigned to the case who prepare and present such reports to the court.

   (3) Report and recommendations to court.

   (a) The guardian ad litem has a duty to make written recommendations to the court in the form of a report regarding the temporary and permanent placement of the protected juvenile. Because the guardian ad litem is also required by statute to consider any other information "as is warranted by the nature and the circumstances of the particular case," the guardian ad litem's report should include written recommendations to the court regarding any other matter that affects or would affect the legal and best interests of the protected juvenile.

   (b) The guardian ad litem is required to submit a written report to the court at every dispositional hearing and review hearing. The information contained in the report of the guardian ad litem should include, but is not limited to, the following information:

   (i) Dates of, and description of, the type of contact and communication with the juvenile;

   (ii) Listing of documents reviewed;

   (iii) The guardian ad litem's concerns regarding any specific matters or problems which, in the opinion of the guardian ad litem, need special, further, or other attention in order to protect or facilitate the juvenile's legal and best interests; and

   (iv) The guardian ad litem's assessment of and recommendations regarding the juvenile's placement in light of his or her needs and legal and best interests.

   (c) To assist the guardian ad litem in preparing the written report, the guardian ad litem shall use the "Report of Guardian Ad Litem" form found at Appendix 1.

   (4) Participation in court proceedings.

   (a) The guardian ad litem shall attend all hearings unless expressly excused by the court.

   (b) The guardian ad litem may testify only to the extent allowed by the Nebraska Rules of Professional Conduct.

   (c) Where the guardian ad litem is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such guardian ad litem may make proper arrangements for another attorney to attend the hearing as long as no other party objects and as long as the hearing is not anticipated to be a contested evidentiary hearing. In such a situation, the guardian ad litem does not need to be excused from attendance at the hearing.

   (d) The guardian ad litem should advocate for the juvenile to be present at all court hearings as appropriate and take steps where necessary to ensure such attendance on the part of the juvenile.

   (5) Duty to provide quality representation.

   (a) Any attorney appointed by the court to serve as a guardian ad litem for a juvenile, or to provide guardian ad litem services for juveniles, is expected to provide quality representation and advocacy for the juveniles whom he or she is appointed to represent, throughout the entirety of the case.

   (b) To that end, a guardian ad litem should not accept workloads or caseloads that by reason of their excessive size or demands, including, but not limited to, factors such as the number of children represented at any given time, interfere with or lead to the breach of the professional obligations or standards required to be met by a guardian ad litem by statute or by court rules.

   (c) Attorneys should not accept caseloads or appointments to serve as a guardian ad litem or to provide guardian ad litem services that are likely to, in the best professional judgment of the appointed attorney, lead to the provision of representation or service that is ineffective to protect and further the interests of the juvenile, or likely to lead to the breach of professional obligations of the guardian ad litem.

   (F) Termination of Authority of Guardian Ad Litem.

   (1) The authority of the guardian ad litem shall commence upon appointment by the court and shall continue in that case until such time as the court terminates its jurisdiction.

   (2) The guardian ad litem may voluntarily withdraw from representation in any case where the guardian ad litem files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal.

   (3) A guardian ad litem may be removed from a case by the court for cause, where the court finds that the guardian ad litem's performance is inadequate, that the guardian ad litem has substantially failed to discharge duties or act to protect the best interests of the juvenile(s) for whom the guardian ad litem was appointed, or that any other factor or circumstance prevents or substantially impairs the guardian ad litem's ability to fairly and fully discharge his or her duties. In determining whether removal of the guardian ad litem is warranted in a particular case, the court should assess the guardian ad litem's performance under the requirements and standards of practice imposed upon a guardian ad litem by both the Nebraska Juvenile Code as well as by § 6-1705.

   (G) Compensation for Guardians Ad Litem Not Covered by Multi-Case Contract.

   (1) The Supreme Court may establish a statewide uniform minimum hourly rate of compensation for guardians ad litem.

   (2) Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her obligations as the guardian ad litem.

   (3) Guardians ad litem shall be compensated for all hours reasonably necessary to provide quality legal representation as documented in fee applications.

§ 6-1705 adopted June 24, 2015.

   (A) General Purpose, Objectives, and Scope.

   (1) The purpose of these guidelines is to ensure high quality legal representation by all attorneys appearing before the juvenile court. These practice guidelines do not replace ethical obligations under the Nebraska Rules of Professional Conduct, Neb. Ct. R. of Prof. Cond. § 3-501.0 et seq., and are meant to set out a minimum level of competent practice as guidelines for attorneys appearing before the juvenile court. All attorneys shall discharge their duties in accordance with the Nebraska Rules of Professional Conduct.

   (2) These guidelines acknowledge that the goal of juvenile court is to ensure the rights of juveniles; to promote the best interests, safety, permanency of children, and rehabilitation of families; and to provide fair hearings where parties' rights are recognized and enforced, consistent with Neb. Rev. Stat. § 43-246.

   (3) These guidelines are meant to be read in conjunction with Neb. Ct. R. §§ 6-1468 and 6-1705, practice standards for guardians ad litem for juveniles in juvenile court proceedings, and are not intended to replace or supersede them.

   (B) Responsibilities of Attorneys to Ensure High Quality Legal Representation.

   (1) Defense counsel for juveniles.

   (a) Counsel should elicit the juvenile's point of view and encourage full participation.

   (b) Counsel should use developmentally appropriate language to advise the juvenile in all matters.

   (c) Counsel should consult with the juvenile prior to all hearings, including detention hearings.

   (d) Before the first appearance, the attorney should explain the purposes of the juvenile code, consequences of the court finding the allegations of the petition to be true, and rights advisory [Neb. Rev. Stat. § 43-249].

   (e) The attorney should provide the client with copies of all pleadings and orders in their case.

   (f) When appropriate, counsel should obtain records, including by means of issuing a subpoena, concerning the juvenile's mental health; educational background and/or abilities; documents detailing school achievement and discipline; positive community or extracurricular activities; employment; involvement in the child welfare system; and prior police and court involvement.

   (g) Using sound discretion, the attorney should review with his or her client contents of all reports, service plans, case documents, and other materials relevant to the proceedings, including those identified in section (f) and take steps to verify the veracity of facts contained therein.

   (h) Counsel shall communicate every plea offer extended to the juvenile and should obtain the juvenile's permission prior to discussing the plea offer with the juvenile's parent, guardian, or custodian.

   (i) Counsel should explain to the juvenile how and when to communicate with counsel during the hearing and appropriate behavior expected in a courtroom.

   (j) Counsel should present evidence of material defenses, which may include capacity based on age, and concepts of adolescent development.

   (k) Counsel should make reasonable efforts to obtain current information of potential services and placement options for the juvenile.

   (l) Counsel should explain the dispositional process and disposition alternatives with the juvenile. Counsel should obtain the juvenile's permission before discussing with the client's parent, guardian, or custodian the dispositional process and, if the juvenile's permission is obtained, counsel should inquire about the willingness of the parent, guardian, or custodian to support the juvenile's proposed disposition alternatives.

   (m) Counsel shall not recommend a disposition to the court without the juvenile's consent.

   (n) Counsel shall review the content of the predisposition investigation report with the juvenile prior to disposition.

   (o) Counsel should advise the juvenile concerning the disclosure of the juvenile's record and the legal mechanisms available to seal the record.

   (p) Counsel should assist in legal needs of the juvenile by providing zealous representation in all stages of the proceedings, all hearings and matters which include, but are not limited to, further disposition hearings; revocation hearings; modification of terms of probation hearings; hearings for the purpose of committing the client to the Youth Rehabilitation and Treatment Center; investigating safety and well-being complaints in institutions; and problems that may require a new placement option.

   (q) The potential for conflict of interest between an accused juvenile and his or parent, guardian, or custodian should be clearly recognized and acknowledged. All parties should be informed that the attorney is counsel for the juvenile and that in the event of disagreement between a parent, guardian, or custodian, and the juvenile, the attorney represents the interests of the juvenile. Further, meetings that include the parent, guardian, or custodian may not provide the protection of privilege to the juvenile’s statements to his or her attorney.

   (2) Prosecuting attorneys.

   (a) The primary duty of the prosecutor is to seek justice while fully and faithfully representing the interests of the State. While the safety and welfare of the community, the victim(s), and juvenile(s) under Neb. Rev. Stat. § 43-247(3)(a) are the primary concerns, prosecuting attorneys should consider the special circumstances and rehabilitative potential of the juvenile in delinquency, status offense, or Neb. Rev. Stat. § 43-247(3)(c) cases, or of a parent, guardian, or custodian in a Neb. Rev. Stat. § 43-247(3)(a) case to the extent they can do so without unduly compromising their primary concern.

   (b) In determining whether to file formally or to offer pretrial diversion or mediation in cases under Neb. Rev. Stat. § 43-247(1), (2), (3)(b), or (4), the prosecutor should follow Neb. Rev. Stat. §§ 43-274 and 43-276.

   (c) Prosecutors should make transfer motion decisions on a case-by-case basis and take into account the individual factors set forth in Neb. Rev. Stat. § 43-276.

   (d) The decision to enter into a plea agreement should be governed by the interests of justice and Neb. Rev. Stat. § 43-246. The prosecutor should also consider the juvenile's, parent's, guardian's, or custodian's potential for rehabilitation.

   (e) For dispositions, the prosecutor should make a recommendation consistent with community safety after reviewing reports prepared by prosecutorial staff, the Department of Health and Human Services, the probation department, and others. In making a recommendation, the prosecutor should seek the input of the victim(s), or juvenile(s) in a Neb. Rev. Stat. § 43-247(3)(a) case, and consider the rehabilitative needs of the juvenile in delinquency, status offense, or Neb. Rev. Stat. § 43-247(3)(c) cases, or parent, guardian, or custodian in Neb. Rev. Stat. § 43-247(3)(a) cases, provided that they are consistent with community safety and welfare.

   (f) The prosecutor should consider the victim's input at all phases of the case. At the dispositional hearing, the prosecutor should make the court aware of the impact of the juvenile's conduct on the victim and the community. The prosecutor should also be required to keep victims informed at all stages of the proceedings if requested by the victim.

   (3) Attorneys that represent a parent, guardian, or custodian in juvenile court.

   (a) The attorney should explain the rights of the parent, guardian, or custodian to information and decisionmaking regarding the child(ren) while the child(ren) is under the jurisdiction of the juvenile court.

   (b) The attorney should provide the client with copies of all petitions, court orders, service plans, and other relevant case documents, including reports regarding the child(ren) except when expressly prohibited by law, rule, or court order. The attorney should review with his or her client, and take reasonable steps to verify the veracity of facts contained in all reports, service plans, and case documents relevant to their proceedings.

   (c) The attorney should be aware of the unique issues of an incarcerated parent, guardian, or custodian.

   (d) The attorney should be aware of the client's mental health status and be prepared to assess whether the parent, guardian, or custodian can assist with the case.

   (e) The attorney should advocate for appropriate services for the parent, guardian, or custodian; this could include requesting a guardian ad litem for the client.

   (f) The attorney should consider and discuss the possibility of appeal with the parent, guardian, or custodian.

   (g) The attorney should conduct discovery as necessary.

   (4) Agency and tribal attorneys.

   (a) Agency or tribal attendance at hearings is not required for all juvenile cases in which the agency or tribe is an interested party.

   (b) Once counsel for the agency or tribe has entered an appearance, the agency's or tribe's counsel is entitled to recognition as an attorney of record in the case. In addition, the agency's or tribe's counsel is responsible for identifying an address for which all pleadings, documents, exhibits, and other correspondence are to be sent.

   (c) The agency's or tribe's attorney role is to represent the agency or tribe and advocate for the agency's or tribe's position in a way that is consistent with agency and tribal standards.

   (d) The agency or tribal attorneys, or tribal representatives (see Neb. Rev. Stat. § 43-1504(3)) may offer evidence, file motions, and request hearings as necessary.

   (C) Duties of Attorneys.

   (1) Consultation with client.

   (a) The phrase "consultation with client" generally means meeting in person unless prohibited or made impracticable by exceptional circumstances as set forth herein.

   (b) Attorneys should consult with their client as soon as possible after being retained or appointed and as necessary thereafter when reasonably possible and at all those times and intervals as required by the Nebraska Juvenile Code.

   (c) Contact through distance technology may be used if in person contact is prohibited by distance and/or any other reason or circumstance that otherwise inhibits in person communication.

   (d) Where an unreasonable geographical distance is involved between the location of the client and the appointed attorney, the appointed attorney should explore the possibility of obtaining from the court an advance determination that the court will approve payment or reimbursement of the attorney's reasonable expenses, consistent with court appointment fees and expense rate in that judicial district, in connection with the travel to meet with the client.

   (2) Participation in court hearings.

   (a) Prosecutors, attorneys for juveniles, parents, guardians, and custodians should attend all court hearings unless excused by the court. All other attorneys should attend as requested by their client.

   (b) When feasible, the duties of appointed counsel should be personal to the attorney and should not normally be delegated to another person or lawyer. Where an attorney is unable or unavailable to attend a hearing due to reasons such as personal illness, emergency, involvement in another court hearing, or absence from the jurisdiction, such attorney should make proper arrangements for another attorney to attend the hearing. It is the responsibility of the attorney making such arrangements to ensure that the attorney who assumes his or her duties is qualified as provided by these guidelines.

   (c) Attorneys representing juveniles, parents, guardians, or custodians should advocate for their clients to be present at all court hearings as appropriate and should take steps where necessary to ensure such attendance on the part of the client.

   (3) Duty to provide quality representation.

   (a) Any attorney appearing in juvenile court is expected to acquire sufficient working knowledge of the Nebraska Juvenile Code and all relevant federal laws, state laws, regulations, policies, and rules.

   (b) Attorneys should not accept caseloads that are likely to lead to representation that is ineffective to protect the interests of their client or likely to breach the professional obligations of the attorney.

   (c) Attorneys should attend and participate in case planning, family group decisionmaking, and other meetings a client may have with the child welfare agency. In the event it is impracticable to attend the meeting, the attorney should timely follow up with applicable professionals involved.

   (d) Counsel should inform the client of the right to appeal a final order and explain the consequences of the decision to waive an appeal.

   (D) Termination of Authority.

   (1) The authority of the attorney shall commence upon appointment or entry of appearance by retained counsel, and shall continue until such time as the court terminates its jurisdiction, or there are no scheduled review hearings in court, or the court otherwise discharges the attorney.

   (2) An attorney may withdraw from representation when the attorney files a motion to withdraw, and the court, in its discretion, enters a corresponding order granting such withdrawal. Termination of representation may only be sought or granted if it is in compliance with Neb. Ct. R. § 3-501.16.

   (3) Judges are encouraged to make inquiry of appointed attorneys that fail to fully comply with these guidelines. An appointed attorney may be removed from a case for cause, where the court finds that the attorney's performance is inadequate, that the attorney has failed to discharge duties or to protect the interests of the client for whom the attorney was appointed, or that any other factor or circumstance prevents or substantially impairs the attorney's ability to fairly and fully discharge his or her duties.

   (E) Compensation for Court-Appointed Attorneys.

   (1) An attorney appointed by a court shall be paid at the hourly rate established by the court.

   (2) Generally, no distinction should be made between rates for services performed in and outside of court, and the same rate should be paid for any time the attorney spends traveling in fulfilling his or her professional obligations.

   (F) Education.

   (1) Appointed counsel. To be considered a candidate for appointment in a juvenile case under the Nebraska Juvenile Code for a juvenile, parent, guardian, or custodian, an attorney should have completed sufficient continuing legal education relating to the Nebraska Juvenile Code and practice in the Nebraska juvenile courts.

   (2) Retained or other counsel. Attorneys who are not appointed by the court to represent juveniles, parents, guardians, or custodians, and are either privately retained or represent the State, other agencies, or tribes, are encouraged to obtain education that furthers compliance with these guidelines and includes education regarding the Nebraska Juvenile Code or education related to the attorney's specific practice in the juvenile courts.

§ 6-1706 adopted September 27, 2017; § 6-1706 amended June 15, 2022.

  (A) On or before January 1, 2022, the county court, district court, and separate juvenile court judges within each judicial district shall jointly adopt a local rule setting out the procedures governing emergency modified court operations in their judicial district.

   (B) Such local rule shall include, but not be limited to:

   (1) Establishing criteria for how the judicial district will determine when emergency modified court operations should be implemented, and when normal court operations should resume;

   (2) Listing the stakeholders within the judicial district to include in planning and implementing any emergency modified court operations.

   (3) Identifying who within the judicial district will coordinate and facilitate communication with the group of justice stakeholders to plan and implement any emergency modified court operations plan;

   (4) Listing all mission essential functions to be considered and addressed in any emergency modified court operations plan; and

   (5) Identifying how court users and the public will be informed when emergency modified court operations are implemented and when they are discontinued.

   (C) Such local rule shall be governed by § 6-1702.

§ 6-1707 adopted November 24, 2021.

   This rule provides a process to ensure that a juvenile has consulted with counsel, and if not, is provided with the opportunity to consult with counsel prior to the juvenile exercising his or her right to waive his or her right to counsel.

   At the first appearance, when the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of Neb. Rev. Stat. § 43-247 and the juvenile appears without counsel, or expresses the desire to waive the right to counsel, the court shall explain to the juvenile that the juvenile has a right to consult with counsel prior to waiving his or her right to counsel. The court shall inquire if the juvenile consulted with counsel prior to the appearance. If the juvenile did not consult with counsel, the court shall inquire if the juvenile wishes to consult with counsel prior to waiving his or her right to counsel. If the juvenile did not consult with counsel and does not wish to consult with counsel, the court may accept the waiver, provided the waiver complies with Neb. Rev. Stat. § 43-3102. If the juvenile wishes to consult with counsel prior to waiving his or her right to counsel, the court shall recess or continue the proceeding for the limited purpose of consulting on the waiver of the right to counsel and, if appropriate, appoint counsel as provided in Neb. Rev. Stat. § 43-272, or otherwise provide the juvenile with the opportunity to consult with counsel.

§ 6-1708 adopted May 19, 2022, effective July 1, 2022.