§ 29-2709 — Uncollectible costs; certification; payment; conditions

When any costs in misdemeanor, traffic, felony preliminary, or juvenile cases in county court, except for those costs provided for in subsection (3) of section 24-703 , two dollars of the fee provided in section 33-107.01 , the court automation fee provided in section 33-107.03 , and the uniform data analysis fee provided in section 47-633 , are found by a county judge to be uncollectible for any reason, including the dismissal of the case, such costs shall be deemed waived unless the judge, in his or her discretion, enters an order assessing such portion of the costs as by law would be paid over by the court to the State Treasurer as follows:
(1) In all cases brought by or with the consent of the county attorney, all such uncollectible costs shall be certified by the clerk of the court to the county clerk who shall present the bills therefor to the county board. The county board shall pay from the county general fund all such bills found by the board to be lawful; and
(2) In all cases brought under city or village ordinance, all such uncollectible costs shall be certified to the appropriate city or village officer authorized to receive claims who shall present the bills therefor to the governing body of the city or village in the same manner as other claims. Such governing body shall pay from the general fund of the city or village all such bills as are found to be lawful.

Legislative History

Source: G.S.1873, c. 58, § 541, p. 842; Laws 1905, c. 207, § 1, p. 700; Laws 1913, c. 132, § 1, p. 320; R.S.1913, § 9245; C.S.1922, § 10274; C.S.1929, § 29-2709; R.S.1943, § 29-2709; Laws 1973, LB 226, § 23; Laws 1975, LB 286, § 3; Laws 1987, LB 665, § 2; Laws 1988, LB 370, § 10; Laws 2001, LB 83, § 2; Laws 2002, LB 876, § 63; Laws 2002, Second Spec. Sess., LB 13, § 3; Laws 2003, LB 46, § 15. Cross References: Law Enforcement Improvement Fund, fee, see section 81-1429. Nebraska Retirement Fund for Judges, fee, see section 24-703. Annotations: Exemption of certain type or class of offense from the imposition of costs is not an unconstitutional classification. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975). Counties are obligated to pay costs and expenses of prosecutions, including fees and expenses of attorneys appointed to represent indigent defendants in criminal cases, and there is no requirement that a property tax be levied therefor. Kovarik v. County of Banner, 192 Neb. 816, 224 N.W.2d 761 (1975). Costs are not allowed in misdemeanor cases unless the suit is instituted with the consent of the county attorney or approved by him in writing. State v. Jungclaus, 176 Neb. 641, 126 N.W.2d 858 (1964). To authorize payment of costs by county, consent or approval of county attorney to prosecution must be obtained. Conkling v. DeLany, 167 Neb. 4, 91 N.W.2d 250 (1958). Provisions of this section are for the benefit of officers and witnesses earning fees in misdemeanor and peace warrant causes. Dodge County v. Gregg, 14 Neb. 305, 15 N.W. 741 (1883); Boggs v. Washington County, 10 Neb. 297, 4 N.W. 984 (1880).