Nebraska § 81-2009 State patrol; officers, members; actions against; duty of Attorney General to defend; limitation; agency legal counsel; powers and duties

Nebraska Statutes

§ 81-2009 — State patrol; officers, members; actions against; duty of Attorney General to defend; limitation; agency legal counsel; powers and duties

Nebraska·Ch. 81 State Administrative Departments

(1)The Attorney General, or a member of his or her staff, shall defend all civil actions instituted against the Superintendent of Law Enforcement and Public Safety or any subordinate officer or employee of the Nebraska State Patrol arising from employment by the patrol.

(2)In any instance in which the actions or omissions of an officer or employee of the patrol are the subject of an inquiry by a grand jury or prosecutor, the officer or employee of the patrol shall be defended by the Attorney General or a member of his or her staff or, in the event of a conflict of interest for the Attorney General, a private practice attorney chosen by the officer or employee of the patrol. Reasonable attorney's fees and costs shall be paid pursuant to section 81-8,239.02 .

(3)The superintendent shall

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(1) The Attorney General, or a member of his or her staff, shall defend all civil actions instituted against the Superintendent of Law Enforcement and Public Safety or any subordinate officer or employee of the Nebraska State Patrol arising from employment by the patrol.
(2) In any instance in which the actions or omissions of an officer or employee of the patrol are the subject of an inquiry by a grand jury or prosecutor, the officer or employee of the patrol shall be defended by the Attorney General or a member of his or her staff or, in the event of a conflict of interest for the Attorney General, a private practice attorney chosen by the officer or employee of the patrol. Reasonable attorney's fees and costs shall be paid pursuant to section 81-8,239.02 .
(3) The superintendent shall provide not less than three agency legal counsels stationed with the Nebraska State Patrol to assist county attorneys in the preparation of cases involving drug abuse and to advise the patrol on all legal matters. Agency counsel shall not represent individual officers or employees of the patrol whose actions or omissions are the subject of inquiry by a grand jury or prosecutor. Agency counsel may advise officers or employees of the patrol who are serving as investigators for a grand jury or a prosecutor.

Nebraska § 81-2009 (State patrol; officers, members; actions against; duty of Attorney General to defend; limitation; agency legal counsel; powers and duties) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

Source: Laws 1937, c. 141, § 10, p. 510; Laws 1941, c. 176, § 12, p. 693; C.S.Supp.,1941, § 60-425; R.S.1943, § 60-439; Laws 1973, LB 14, § 1; Laws 1977, LB 294, § 1; R.S.1943, (1978), § 60-439; Laws 2022, LB1184, § 1.