Waiver of counsel, 2014
A juvenile may make an affirmative waiver of the right to counsel.
- Restrictions on waivers
- No restrictions
- Reflects laws as of the end of 2013 legislative sessions.
Timing of counsel, 2013
In Nebraska, an attorney for a juvenile can be appointed at the following points in the process: Custodial Questioning / Talk with Intake Officer; All Stages of Proceedings / All Critical States of Proceedings. By statute, in Nebraska, all law enforcement personnel or other governmental officials having custody of any person under eighteen years of age who has been arrested, restrained, detained, or deprived of his or her liberty for whatever reason must permit the person in custody, without unnecessary delay after arrival at a police station or detention facility, to call or consult an attorney who is retained by or on behalf of such person in custody or whom the person in custody may desire to consult, except when exigent circumstances exist. An attorney must be permitted to see and consult with the person in custody alone and in private at the place of custody.
Indigency requirements, 2013
Organized at the local level (county/judicial district) with varying state oversight
Organizer: Nebraska Indigent Defense Standards Advisory Council and the Nebraska Commission on Public Advocacy
(Additional detail concerning the organization and administration of juvenile defense is available in a state profile from the National Juvenile Defender Center.)
Indigency is not determined legislatively
The legal authority in Nebraska is both juvenile statutes and adult statutes, which provide the determination of indigency and several useful definitions. By statute, special juvenile law education / training / experience/ program for appointed juvenile counsel. Indigency is judicially determined. Court can / must appoint attorney for juvenile if non-indigent parent refuses to pay for juvenile's attorney. Court can / must appoint attorney for juvenile if parent cannot be located / parent refuses to go to juvenile. Specialized juvenile training available or required.
Courtroom shackling, 2015
Restricted by legislature
Nebraska’s L.B. 482 (law, not yet codified) requires removal of restraints prior to court appearance unless the court makes a finding of probable cause of necessity (to prevent harm to self/others; history of disruptive courtroom behavior or (other) recent risky behavior; or flight risk) AND there is no less restrictive alternative. The juvenile’s attorney may be heard before the use of restraints. If restraints are ordered, (supporting) findings of fact must be written. Restraint definition includes electronic devices and straitjackets (among others).
Sex offender registration, 2015
Does not register
Pending the adjudication of any juvenile case, Nebraska’s statute proscribes when the court may order an examination to aid the court in determining a juvenile’s competence to participate in proceedings. The statute does not specify what should be contained in the report, or criteria for consideration, and there are no procedures for judicial review after a finding of incompetency or other actions (whether competency is restored or not).
No juvenile standard
Juvenile standard is the adult standard
Juvenile justice standard exists
JJ standard includes developmental immaturity