No, The Commission and the Commission’s attorneys can only work on cases in which a Nebraska court has appointed the Commission to represent someone. The Commission cannot ask a court to be appointed in any specific case.

Trial level

In any case, a violent felony offense constituting a Class IIA felony or greater is charged.

In any case in which a charge of use of a weapon to commit a felony accompanies a charge of a violent felony irrespective of the class of felony.

In any case in which a drug offense alleging distribution or possession with intent to distribute is charged, and the offense constitutes a Class IIA felony or greater.

Appeal

In any case in which the defendant was represented by the Commission at trial and cases in which a person was convicted after a trial of a charge that the Commission could have accepted at the trial level. The Commission will not accept the appointment of a case on direct appeal if the only issue is excessive sentencing.

DNA Cases

Pursuant to Neb. Rev. Stat. § 29-4122 (Reissue 2016), “Upon a showing by the person that DNA testing may be relevant to the person’s claim of wrongful conviction, the court shall appoint counsel for an indigent person ....” This section requires the court to first contact the Chief Counsel for the Commission to inquire if the Commission is able to accept appointments.

Once the Commission is appointed to a case the services, they provide are free of charge to the county and the client.

The Commission is funded through the Indigent Defense Fee. This is a $3 fee charged in all cases, except small claims, filed in Nebraska. Since 2022, the Commission has also received supplemental funding from the Legislature due to the decrease in funding from filing fees.

The Commission is often mistaken for Disability Rights Nebraska (Formerly Nebraska Advocacy Services) which does provide services for people with disabilities. See their link in our links section.

No, the Commission does not practice civil or civil rights law. See out the link section for organizations that may be able to help you with these issues.

No. The Commission does not handle divorce cases. See our link section for organizations that may be able to help you with these issues.

The Commission cannot ask to be appointed to a case or just take a case over for other court appointed counsel. The Commission can only work on cases in which the court has appointed the Commission.

The Commission can do post-conviction cases if the defendant was convicted of first-degree murder or second-degree murder, or if the defendant received a sentence of life imprisonment. The chief counsel has discretion to accept appointments in other cases after considering the crime of conviction, the sentence imposed, the issue(s), and the availability of counsel. We do not handle cases in Federal court.

No. The Commission cannot provide legal advice to someone who we do not represent.