§ 23-1205 — Acting county attorney; appointment; when authorized; compensation

Nebraska § 23-1205

• Jurisdiction: Nebraska
• Ch. 23: County Government and Officers

Text

Due to the absence, sickness, disability,
or conflict of interest of the county attorney and his or her
deputies, or upon request of the county attorney for good cause, the Supreme Court, the Court of Appeals, or any district court,
separate juvenile court, or county court before which the cause may be heard may
appoint an attorney to act as county attorney in any investigation, appearance,
or trial by an
order entered
upon the minutes of the court. Such attorney shall be allowed compensation
for such services as the court determines, to
be paid by order of the county treasurer upon
presenting to the county board the certificate of the judge before whom the
cause was tried certifying to services rendered by such attorney and the amount
of compensation.

Legislative History

Source: Laws 1885, c. 40, § 7, p. 218; R.S.1913, § 5600; C.S.1922, § 4917; C.S.1929, § 26-905; R.S.1943, § 23-1205; Laws 1969, c. 165, § 2, p. 742; Laws 2007, LB214, § 1; Laws 2009, LB35, § 3. Annotations: District court is given authority to appoint an acting county attorney in the event of absence, sickness, or disability of county attorney. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965). It is within the discretion of the court to appoint any attorney in lieu of disqualified county attorney, and ruling will not be disturbed unless discretion is abused. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924). Appointment where attorney refused to prosecute is proper. Spaulding v. State, 61 Neb. 289, 85 N.W. 80 (1901). Information may be filed by substitute county attorney without infringing constitutional rights of accused. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896). Appointment of another attorney is proper where county attorney had appeared for accused. Gandy v. State, 27 Neb. 707, 43 N.W. 747 (1889), 44 N.W. 108 (1889).