A. Purpose: This rule is to establish a process for the appointment of private attorneys to represent indigent defendants in criminal cases as provided in Neb. Rev. Stat. §§ 29-3901 to 29-3908, as well as juveniles, young adults, and parents in juvenile cases as provided in the Nebraska Juvenile Code.

  B. Applicability: This rule shall not apply to proceedings in which the Court appoints the Public Defender or the Nebraska Commission on Public Advocacy.

  C. Court-Appointed Attorney List:

  (1) Each County Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants in criminal cases and juveniles, young adults, and parents in juvenile cases.

  (2) Attorneys shall contact the County Court of each county in which they wish to be considered for court appointments, request the Clerk Magistrate to place them on the court-appointed attorney list, and indicate whether they will accept misdemeanor, felony, and/or juvenile court appointments. Attorneys shall also contact the County Court when they no longer wish to receive court appointments.

  (3) The County Court shall make the court-appointed attorney list available upon request.

  D. Method of Selection From Court-Appointed Attorney List:

  (1) 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:

  (a) the nature and complexity of the case;

  (b) an attorney’s experience;

  (c) the nature and disposition of the defendant, juvenile, young adult, or parent;

  (d) a language consideration;

  (e) a conflict of interest;

  (f) the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;

  (g) geographical considerations; and

  (h) other relevant factors that may be involved in a specific case.

  (2) 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.

  E. Removal and Reinstatement From Court-Appointed Attorney List:

  (1) Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from a County Court's court-appointed attorney list by the county court judge assigned to preside in such county.

  (2) If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with the attorney’s performance giving rise to consideration for removal, and the attorney will be given the opportunity to respond in writing or in person before a final decision is made.

  (3) An attorney who has been removed from the list may be considered for reinstatement after the deficiencies contained in the notice have been resolved.

Approved January 22, 2015; amendments approved April 16, 2025.