§ 29-3908 — Indigent; reimburse county for costs; when

Nebraska § 29-3908

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

Whenever any court finds subsequent to its appointment of the public defender or other counsel to represent a felony defendant that its initial determination of indigency was incorrect or that during the course of representation by appointed counsel the felony defendant has become no longer indigent, the court may order such felony defendant to reimburse the county for all or part of the reasonable cost of providing such representation.

Legislative History

Source: Laws 1972, LB 1463, § 9; R.S.1943, (1989), § 29-1804.10; Laws 1990, LB 822, § 26. Annotations: An order finding a defendant to be indigent and appointing appellate counsel at the county's expense did not affect a substantial right of the parties and was not a final order for purposes of appeal, where the order did not obligate the county to pay any specific amount or set a deadline for payment, such determinations were to be the subject of future proceedings addressing the question of reasonable attorney fees, and the State had the ability to challenge the findings of indigency and recoup any subsequently expended funds from the defendant. State v. Fredrickson, 305 Neb. 165, 939 N.W.2d 385 (2020). This section does not require parents to pay their child's legal fees unless it is shown that the parents refused to provide necessary legal services. County of York v. Johnson, 206 Neb. 200, 292 N.W.2d 31 (1980).