(1)With respect to its duties under section 29-3923 , the
commission shall:
(a)Adopt and promulgate rules and regulations for its organization
and internal management and rules and regulations governing the exercise of
its powers and the fulfillment of its purpose;
(b)Appoint and abolish such advisory committees as may be
necessary for the performance of its functions and delegate appropriate powers
and duties to them;
(c)Accept and administer loans, grants, and donations from
the United States and its agencies, the State of Nebraska and its agencies,
and other sources, public and private, for carrying out the functions of the
commission;
(d)Enter into contracts, leases, and agreements necessary,
convenient, or desirable for carrying out its purposes and the powers granted
under this
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(1) With respect to its duties under section 29-3923 , the
commission shall:
(a) Adopt and promulgate rules and regulations for its organization
and internal management and rules and regulations governing the exercise of
its powers and the fulfillment of its purpose;
(b) Appoint and abolish such advisory committees as may be
necessary for the performance of its functions and delegate appropriate powers
and duties to them;
(c) Accept and administer loans, grants, and donations from
the United States and its agencies, the State of Nebraska and its agencies,
and other sources, public and private, for carrying out the functions of the
commission;
(d) Enter into contracts, leases, and agreements necessary,
convenient, or desirable for carrying out its purposes and the powers granted
under this section with agencies of state or local government, corporations,
or persons;
(e) Acquire, hold, and dispose of personal property in the
exercise of its powers;
(f) Provide legal services to indigent persons through the
divisions in section 29-3930 ; and
(g) Adopt guidelines and standards for county indigent defense
systems, including, but not limited to, standards relating to the following:
The use and expenditure of funds appropriated by the Legislature to reimburse
counties which qualify for reimbursement; attorney eligibility and qualifications
for court appointments; compensation rates for salaried public defenders,
contracting attorneys, and court-appointed attorneys and overall funding of
the indigent defense system; maximum caseloads for all types of systems; systems
administration, including rules for appointing counsel, awarding defense contracts,
and reimbursing defense expenses; conflicts of interest; continuing legal
education and training; and availability of supportive services and expert
witnesses.
(2) The standards adopted by the commission under subdivision
(1)(g) of this section are intended to be used as a guide for the proper methods
of establishing and operating indigent defense systems. The standards are
not intended to be used as criteria for the judicial evaluation of alleged
misconduct of defense counsel to determine the validity of a conviction. They
may or may not be relevant in such judicial evaluation, depending upon all
the circumstances.
(3) With respect to its duties related to the provision of
civil legal services to eligible low-income persons, the commission shall
have such powers and duties as described in sections 25-3001 to 25-3004 .
(4) The commission may adopt and promulgate rules and regulations
governing the Legal Education for Public Service and Rural Practice Loan Repayment Assistance Act which are recommended
by the Legal Education for Public Service and
Rural Practice Loan Repayment Assistance Board
pursuant to the act. The commission shall have the powers and duties provided
in the act.