A subject shall have the right to be represented by counsel in all proceedings under the Nebraska Mental Health Commitment Act or the Sex Offender Commitment Act. Counsel for a subject who is in custody shall have full access to and the right to consult privately with the subject at all reasonable times. As soon as possible after a subject is taken into emergency protective custody under section 71-919 , or after the filing of a petition under section 71-921 or 71-1205 , whichever occurs first, and before the mental health board hearing conducted under section 71-924 or 71-1208 , the board shall determine whether the subject is indigent. If the subject is found to be indigent, the board shall certify that fact to the district or county court by causing to be delivered to the clerk of such court a certificate for appointment of counsel as soon as possible after a subject is taken into emergency protective custody or such petition is filed.
Neb. Rev. Stat. § 71-945
Subject's rights; representation by counsel; appointment of counsel if indigent
Applied in 1 court decision — leading case D.I. v. Gibson (2017)
Most recently applied in D.I. v. Gibson (February 2017)
Laws 1976, LB 806, § 59; Laws 1981, LB 95, § 19; Laws 2000, LB 884, § 12; R.S.Supp.,2002, § 83-1049; Laws 2004, LB 1083, § 65; Laws 2006, LB 1199, § 41.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.