State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-3927

29-3927. Commission; duties.(1) With respect to its duties under section 29-3923, the commissionshall:(a) Adopt and promulgate rules and regulations for its organizationand internal management and rules and regulations governing the exercise ofits powers and the fulfillment of its purpose;(b) Appoint and abolish such advisory committees as may be necessaryfor the performance of its functions and delegate appropriate powers and dutiesto them;(c) Accept and administer loans, grants, and donations from the UnitedStates and its agencies, the State of Nebraska and its agencies, and othersources, 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 thissection with agencies of state or local government, corporations, or persons;(e) Acquire, hold, and dispose of personal property in the exerciseof its powers;(f) Provide legal services to indigent persons through the divisionsin section 29-3930; and(g) Adopt guidelines and standards for countyindigent defense systems, including, but not limited to, standards relatingto the following: The use and expenditure of funds appropriated by the Legislatureto reimburse counties which qualify for reimbursement; attorney eligibilityand qualifications for court appointments; compensation rates for salariedpublic defenders, contracting attorneys, and court-appointed attorneys andoverall funding of the indigent defense system; maximum caseloads for alltypes of systems; systems administration, including rules for appointing counsel,awarding defense contracts, and reimbursing defense expenses; conflicts ofinterest; continuing legal education and training; and availability of supportiveservices 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 methodsof establishing and operating indigent defense systems. The standards arenot intended to be used as criteria for the judicial evaluation of allegedmisconduct of defense counsel to determine the validity of a conviction. Theymay or may not be relevant in such judicial evaluation, depending upon allthe circumstances.(3) With respect to its duties related to the provision of civil legalservices to eligible low-income persons, the commission shall have such powersand duties as described in sections 25-3001 to 25-3004.(4) The commission may adopt and promulgate rules and regulations governingthe Legal Education for Public Service Loan Repayment Act which are recommendedby the Legal Education for Public Service Loan Repayment Board pursuant tothe act. The commission shall have the powers and duties provided in the act. SourceLaws 1995, LB 646, § 9; Laws 1997, LB 729, § 8; Laws 2001, LB 335, § 4; Laws 2002, LB 876, § 66; Laws 2008, LB1014, § 28; Laws 2009, LB154, § 3. Cross ReferencesLegal Education for Public Service Loan Repayment Act, see section 7-201.