Chapter 23 — COUNTY GOVERNMENT AND OFFICERS
1,275 sections in this chapter.
Neb. Rev. Stat. § 23-1202 County attorney; actions before magistrate; duties.
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Each county attorney shall appear on behalf of the state before any magistrate, and prosecute all complaints made in behalf of the state of which any magistrate shall have jurisdiction, and he shall appear before any magistrate and conduct any criminal examination which may be ha…
Neb. Rev. Stat. § 23-1203 Opinions; civil cases; additional counsel; compensation.
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The county attorney shall without fee or reward give opinions and advice to the board of county commissioners and other civil officers of their respective counties, when requested so to do by such board or officers, upon all matters in which the state or county is interested, or …
Neb. Rev. Stat. § 23-1204 Deputies; appointment and compensation.
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The county attorney may, with the approval and consent of the county board, appoint one or more deputies, who shall receive such compensation as shall be fixed by the county board, to assist him in the discharge of his duties.
Neb. Rev. Stat. § 23-1204.01 Deputies; special; when; compensation.
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The county attorney of any county may, under the direction of the district court, procure such assistance in any investigation or appearance or the trial of any person charged with a crime which is a felony, as he may deem necessary for the trial thereof, and such assistant or as…
Repealed. Laws 1961, c. 99, § 2.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1204.03 Deputies; counties having a population of more than 30,000 and not more than 200,000 inhabitants; additional deputy; salary.
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In counties having a population of more than thirty thousand inhabitants and not more than two hundred thousand inhabitants, there is hereby created the office of deputy county attorneys, and the county attorney of such county may at his discretion appoint additional deputy count…
Neb. Rev. Stat. § 23-1204.04 Deputies; bond.
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The deputy county attorney in all counties, except as otherwise provided in section 23-1204.05, shall file a bond in the same manner and for the same amount required of the county attorney and be removable at the pleasure of the county attorney.
Neb. Rev. Stat. § 23-1204.05 Deputies; counties having a population of more than 200,000 inhabitants.
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In counties whose population is more than two hundred thousand inhabitants, the county attorney may appoint a chief deputy county attorney and one or more deputy county attorneys. Before entering upon the duties of their offices, each of said deputies shall be required to give a …
Neb. Rev. Stat. § 23-1204.06 Deputies; grant program for termination of parental rights actions.
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A grant program is established to reimburse counties for the personal service costs of deputy county attorneys associated with termination of parental rights actions resulting from Laws 1998, LB 1041. Counties in which a city of the metropolitan class or a city of the primary cla…
Neb. Rev. Stat. § 23-1205 Acting county attorney; appointment; when authorized; compensation.
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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…
Neb. Rev. Stat. § 23-1206 Fees; prohibited; civil cases; when disqualified.
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No prosecuting attorney shall receive any fee or reward from or on behalf of any prosecutor or other individual for services in any prosecution or business which it shall be his official duty to attend; nor shall he act or be concerned, as an attorney or counsel for either party,…
Neb. Rev. Stat. § 23-1206.01 County attorney, deputies, and employees; employment restrictions; salary.
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(1)(a) In counties having a population of two hundred thousand inhabitants or more, the county attorney and all deputy county attorneys shall devote their full time to the legal work of such county and shall not engage in the private practice of law directly or indirectly, nor sh…
Neb. Rev. Stat. § 23-1206.02 County attorney, deputies, and employees; counties having a population of more than 200,000 inhabitants; private practice; illegal reference; malfeasance; penalty.
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Any county attorney, deputy county attorney, or any employee of the county attorney in any county having a population of more than two hundred thousand inhabitants violating the provisions of section 23-1206.01 shall be guilty of malfeasance in office and shall, upon conviction t…
Neb. Rev. Stat. § 23-1207 Money or property received; county attorney; duties.
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(1) It shall be the duty of the county attorney, whenever he or she shall receive any money or other property in his or her official capacity, to give to the person paying or depositing such money or other property duplicate receipts, one of which shall be filed by such person wi…
Neb. Rev. Stat. § 23-1208 Grand jury and court sittings; attendance and duties.
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Whenever the county attorney is required by the grand jury of any court sitting in his county, it shall be his duty to attend for the purpose of examining witnesses in their presence, or of giving them advice in any legal matter, and to issue subpoenas and other writs of process;…
Neb. Rev. Stat. § 23-1209 Detectives; employment; when authorized; compensation.
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In counties having a population exceeding sixty thousand inhabitants, and not more than two hundred thousand inhabitants, there may be spent under the direction and control of the county attorney of said county a sum of money not exceeding five hundred dollars in any one year, to…
Neb. Rev. Stat. § 23-121 Office supplies; safes; duty to provide.
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The county board shall provide and keep in repair, when the finances of the county will permit, suitable fireproof safes for the county clerk and county treasurer. It shall provide suitable books and stationery for the use of the county board, county clerk, county treasurer, coun…
Neb. Rev. Stat. § 23-1210 Coroner; duties; county attorney shall perform; expenses; delegation of duties.
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(1) The county attorney shall perform all of the duties enjoined by law upon the county coroner and the county attorney shall be the ex officio county coroner. The county attorney shall receive no additional fees for the performance of duties prescribed by statutes for county cor…
Repealed. Laws 1969, c. 411, § 1.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-1212 Terms, defined.
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For purposes of sections 23-1212 to 23-1222, unless the context otherwise requires: (1) County attorney shall mean the county attorney of a county in this state whether such position is elective or appointive and regardless of whether such position is full time or part time; (2) …
Neb. Rev. Stat. § 23-1213 Nebraska County Attorney Standards Advisory Council; created; members; qualifications; appointment; terms; vacancy.
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(1)(a) There is hereby created the Nebraska County Attorney Standards Advisory Council which, except as provided in subdivision (b) of this subsection, shall consist of seven members, four of whom shall be either a county attorney or deputy county attorney, one member being a pro…
Neb. Rev. Stat. § 23-1213.01 Guidelines to promote uniform and quality death investigations for county coroners; contents.
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The council shall, with respect to ensuring quality and uniform death investigation processes throughout the state, develop guidelines to promote uniform and quality death investigations for county coroners. Such guidelines may include guidance to the county coroner in: (1) Deter…
Neb. Rev. Stat. § 23-1213.02 Network of regional officials for death investigation support services.
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The council shall also: (1) Help establish a voluntary network of regional officials including, but not limited to, law enforcement, county coroners, and medical personnel to provide death investigation support services for any location in Nebraska; (2) Help determine the members…
Neb. Rev. Stat. § 23-1213.03 Coroner or deputy coroner; training; continuing education.
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Every person who is elected or appointed as a coroner or deputy coroner in or for the State of Nebraska shall satisfactorily complete initial death investigation training within one year after the date of election or appointment and thereafter annually complete continuing educati…
Neb. Rev. Stat. § 23-1214 Council; membership; holding other office or position; effect.
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Notwithstanding any other provision of law, membership on the council shall not disqualify any member from holding his or her office or position or cause the forfeiture thereof.
Neb. Rev. Stat. § 23-1215 Council; members; expenses.
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Members of the council shall serve without compensation, but they shall be entitled to reimbursement for expenses incident to such service on the council as provided in sections 81-1174 to 81-1177.
Neb. Rev. Stat. § 23-1216 Council; continuing legal education; duties.
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The council shall be responsible for establishing the annual number of hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigation and prosecution of crimes against childr…
Neb. Rev. Stat. § 23-1217 County attorney; deputy county attorney; continuing legal education required; failure to complete; effect.
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Every county attorney and deputy county attorney in this state shall annually undertake and complete the required hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instruction on the investigati…
Neb. Rev. Stat. § 23-1218 Nebraska Commission on Law Enforcement and Criminal Justice; continuing legal education; duties; enumerated.
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The Nebraska Commission on Law Enforcement and Criminal Justice, after consultation with the council, shall: (1) Establish curricula for the implementation of a mandatory continuing legal education program, including instruction providing a working knowledge of electronic speed m…
Neb. Rev. Stat. § 23-1219 County attorney; deputy county attorney; failure to fulfill continuing legal education requirements; commission; investigate; duties.
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When it comes to the attention of the commission that a county attorney or deputy county attorney has not fulfilled the required number of hours of annual mandatory continuing legal education, including instruction providing a working knowledge of electronic speed measurement pri…
Neb. Rev. Stat. § 23-122 Counties having less than 150,000 inhabitants; proceedings; claims; employee job titles and salaries; publication; rate.
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The county board of all counties having a population of less than one hundred fifty thousand inhabitants shall cause to be published, within ten working days after the close of each annual, regular, or special meeting of the board, a brief statement of the proceedings thereof whi…
Neb. Rev. Stat. § 23-1220 County attorney; deputy county attorney; failure to complete continuing legal education; Attorney General; commence civil action.
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Upon being advised by the commission of a failure on the part of a county attorney or deputy county attorney to complete the number of hours of continuing legal education, including instruction providing a working knowledge of electronic speed measurement principles and instructi…
Neb. Rev. Stat. § 23-1221 County attorney; deputy county attorney; removal from office; vacancy; how filled.
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If a county attorney is removed from office as a result of the action authorized under section 23-1220, such office shall be declared vacant and the county board shall fill the vacancy by appointment with a qualified candidate. If a deputy county attorney is removed from office a…
Neb. Rev. Stat. § 23-1222 Continuing education; tuition, fees, expenses; how paid.
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Tuition, fees, and other expenses incurred by a county attorney or deputy county attorney in fulfilling the requirements of section 23-1217 shall be paid by the county. Tuition, fees, and other expenses incurred by all other persons who may attend such programs of continuing lega…
Neb. Rev. Stat. § 23-1223 Traveling expenses; mileage.
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(1) In all cases when the county attorney has engaged in the courts of another county in any suit, application, or motion, either civil or criminal, in which the state or county is a party interested, which has been transferred by change of venue from his or her county to another…
Repealed. Laws 1979, LB 80, § 116.
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[Repealed or reserved.]
Neb. Rev. Stat. § 23-124 Bridges or buildings; damages; actions to recover.
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In all cases where any bridge or any public building, the property of any county within this state, shall be injured or destroyed by any person or persons, either negligently, carelessly or willfully and maliciously, it shall be the duty of the county board, for and in the name o…
Neb. Rev. Stat. § 23-125 Additional tax; when authorized; limitation.
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Whenever the county board deems it necessary to assess taxes the aggregate of which exceeds the rate of fifty cents on every one hundred dollars of the taxable value of all the taxable property in such county, the county board may, by an order entered of record, set forth substan…
Neb. Rev. Stat. § 23-126 Special tax; submission to voters; notice.
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The mode of submitting questions to the people for any purpose authorized by law shall be as follows: The whole question, including the sum desired to be raised, or the amount of tax desired to be levied, or the rate per annum, and the whole regulation, including the time of its …
Neb. Rev. Stat. § 23-127 Bonds or expenditures; submission to voters; tax proposal mandatory.
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When the question submitted involves the borrowing or expenditure of money, or issuance of bonds, the proposition of the question must be accompanied by a provision to levy a tax annually for the payment of interest, if any thereon, and no vote adopting the question proposed shal…
Neb. Rev. Stat. § 23-128 Special tax; submission to voters; election; laws applicable.
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At the time specified in such notice a vote of the qualified electors shall be taken in each precinct at the place designated in such notice. The votes shall be received, and returns thereof made, and the same shall be canvassed by the same officers and in the same manner as requ…
Neb. Rev. Stat. § 23-129 Special tax; approval by voters; number required; effect.
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If it appears that a majority of the total number of votes cast upon the proposition at the election in which the proposition is submitted are in favor of the proposition, except the proposal for bonds as provided in section 23-3501, which require a majority of votes cast upon th…
Neb. Rev. Stat. § 23-130 Special tax; fund.
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Money raised by the county board pursuant to the provisions of sections 23-119 to 23-129 is specially appropriated and constituted a fund, distinct from all others, in the hands of the county treasurer, until the obligation assumed be discharged.
Neb. Rev. Stat. § 23-1301 County clerk; office; duties; residency.
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The county clerk shall keep his or her office at the county seat; shall attend the sessions of the county board; shall keep the seal, records, and papers of the board; and shall sign the record of the proceedings of the board and attest the same with the county seal. After the pe…
Neb. Rev. Stat. § 23-1301.01 County clerk; deputy; appointment; oath; duties.
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The county clerk may appoint a deputy for whose acts he or she will be responsible. The clerk may not appoint the county treasurer, sheriff, register of deeds, or surveyor as deputy. The appointment shall be in writing and revocable in writing by the clerk. Both the appointment a…
Neb. Rev. Stat. § 23-1302 County clerk; duties.
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It shall be the general duty of the county clerk: (1) To record in a book provided for that purpose all proceedings of the board. If the county clerk or his or her deputy is unable to be present for any proceeding of the board, the county clerk may appoint a designee to record su…
Neb. Rev. Stat. § 23-1303 Warrants; funds transfer systems; procedure.
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(1) The county clerk shall not issue any county warrants except upon claims approved by the county board. Every warrant issued shall be numbered consecutively as allowed from July 1 to June 30, corresponding with the fiscal year of the county. The county clerk shall maintain reco…
Neb. Rev. Stat. § 23-1304 Official bonds; record; duty to keep.
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The county clerk shall keep a book in which shall be entered in alphabetical order, by name of the principal, a minute of all official bonds filed in the county clerk's office, giving the name of the office, amount and date of bond, names of sureties, and date of filing, with pro…
Neb. Rev. Stat. § 23-1305 Road record; duty to keep.
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It shall be the duty of the county clerk to record in a proper book, to be called the Road Record, a record of the proceedings in regard to laying out and establishing, changing or discontinuing roads in the county.
Neb. Rev. Stat. § 23-1306 County officers; signatures and seals; duty to report to Secretary of State.
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It shall be the duty of the county clerk to report to the Secretary of State, on or before the first day of February of each year, the names of all the county officers with their official signatures and seals of their respective offices. When any change is made in the incumbent o…