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1994 NSBA News 1 (1994)

handle is hein.barjournals/neblwr1994 and id is 1 raw text is: Issue 94-1 February 1994 House supports indigent defense legislation by Dennis R. Keefe The Nebraska State Bar Associa- tion went on record in support of L.B. 1333 and L.B. 1334, legisiasion recently introduced in the Nebraska Unicameral which would implement the recommendations of Nebraska's Indigent Defense Task Force. The House of Delegates voted to support the legislation at its meeting in Lincoln on Jan. 28, 1994. L.B. 1333 is similar to legislation introduced in other states requiring a justice system impact statement for all legislation. The bill requires the Judiciary Committee of the Legisla- ture, in conjunction with the Legis- lature's Fiscal Analyst's Office, to House reviews 64 legislative bills The Nebraska State Bar Association House of Delegates met Jan. 28 in Lincoln for its annual legislative session. House members reviewed 64 legislative bills and four legislative resolutions, ap- proving the support for several, includ- ing the findings of the Supreme Court's Indigent Defense Task Force. Acting on the recommendations of the NSBA Legislation Committee, chaired by Steven R. Voigt and the Executive Council, delegates supported 16 measures and took no position, opposed or suggested the remainder for further study. Further action by the House included approval of the nomination of South Sioux City attorney Golby C. Uhlir to fill the unexpired term of the late Donald A. Fitch. House members also honored the late Hon. Robert M. McGowan, Sr., with a resolution. For a closer look at legislation, turn to page 10 for the annual legislative summary. determine the impact of new legislation on all segments of the criminal justice system including law enforcement, prosecution, indigent defense, proba- tion, courts, local corrections and state corrections. L.B. 1334 would implement the other major recommendations of the Indigent Defense Task Force contained in its report of December 1993. The Task Force spent 14 months studying Nebraska's indigent defense system. In October of 1992, the State Court Administrator's Office received a federal grant from the Nebraska Crime Com- mission to conduct a first-ever study of Nebraska's indigent defense system. The money was used to hire a national research/consulting firm, The Spangen- berg Group, to conduct the study. Nebraska Supreme Court Chief Justice William C. Hastings of Lincoln, appointed a 36 person Task Force to oversee the work of the consultant, to review the findings and make recom- mendations for change. NSBA provided administrative support to the Task Force and a number of NSBA leaders were members of the Task Force, includ- ing Harold L. Rock of Omaha who served as chair, Robert M. Spire of Lincoln, and Immediate Past President, John C. Brownrigg of Lincoln. Judges from all court levels,public defenders, prosecutors and practioners were also represented on the Task Force. The Task Force and its subcommittee met numerous times over the course of the study, reviewed the findings of The Spangenberg Group and made recommen- dations to improve Nebraslk's indigent defense system. L.B. 1334 tracks the major recommen- dations of the Task Force. In summary, the bill would make the 'The changes that are recommended are designed to inpmve the indigent defense delivery system in this state, Harold L Rock following changes: Establish a Nebraska Commission on PublicAdvocacy * Currently, Nebraska is one of only six states which provide no state funds for indigent defense. While the counties would retain their current right to es- tablish the type of system they want (with only minor changes), the Ne- braska Commission on Public Advocacy would: eSet standards for each type of indi- gent defense system. The counties would be eligible for some state reimbursement if they meet the standards *Provide direct legal assistance upon request of the public defender, assigned counsel or the court and subject to caseload limits, in ap- peals, capital cases and other major crimes. (Continued on page 8)

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