Nebraska Administrative Code Topic - PUBLIC ADVOCACY, COMMISSION ON
Here’s an organized overview of Nebraska Administrative Code Title 70 – Commission on Public Advocacy (often referred to as the “Public Advocacy” Commission) covering its structure and core functions:
🏛️ Title 70 – Nebraska Commission on Public Advocacy
1. Structure & Chapters
Title 70 is structured into 16 chapters, addressing the Commission’s governance, operations, and procedures (law.cornell.edu):
County Revenue Assistance Fund (§70‑1‑001)
Definitions (§70‑2‑001)
Membership, Terms & Qualifications (§70‑3‑001 to ‑006)
Meetings, Quorum & Expenses (§70‑4‑001 to ‑003)
Powers & Duties (§70‑5‑001)
Chief Counsel (§70‑6‑001 to ‑003)
Divisions (§70‑7‑001)
Records & Reports (§70‑8‑001 to ‑002)
Personnel Management (§70‑9‑001)
Executive Committee (§70‑10‑001)
Effective Date (§70‑11‑001)
Petition for Rulemaking (§70‑12‑001 to ‑002)
Declaratory Orders (§70‑13‑001 to ‑010)
Negotiated Rulemaking Procedures (§70‑15‑001 to ‑014)
Contested-Case Hearing Procedures (§70‑16‑001 to ‑009)
⚖️ 2. Commission Foundations
Membership & Appointment
The Commission has nine members appointed by the Governor (six representing each judicial district and three at-large). Members must be licensed attorneys and are not allowed to serve as prosecutors or judges (law.cornell.edu, casetext.com).
Chief Counsel & Divisions
A Chief Counsel selected by the Commission oversees its divisions and daily operations (Chapters 6–7 detail these roles) .
🪙 3. Funding & Revenue Stream
County Contribution
Chapter 1 establishes a County Revenue Assistance Fund, which supports the Commission’s legal defense services for indigent clients. Counties contribute via a $3 fee on each case filed in county or district court or on appeals (law.cornell.edu).
Additional Statutory Funding
Under Neb. Rev. Stat. § 7‑208, the Commission may solicit donations from entities like law schools, foundations, and private individuals to support the Legal Education for Public Service & Rural Practice Loan Repayment Assistance Fund (law.justia.com).
📚 4. Statutory Duties & Authority
Legal Representation for the Indigent
By statute (Neb. Rev. Stat. § 29‑3923), the Commission is mandated to provide legal services and resources to counties to ensure effective counsel for indigent individuals (codes.findlaw.com, law.justia.com).
Addressing Attorney Shortages
Neb. Rev. Stat. § 7‑210 charges the Commission with identifying areas suffering from legal profession shortages, considering population, attorney access, rural needs, etc. (codes.findlaw.com).
⚙️ 5. Transparency & Procedural Governance
Meetings & Expense Reporting (Chapter 4)
Rules define how and when the Commission meets, quorum requirements, and accountability for expenses (law.cornell.edu).
Petitions & Contested Cases (Chapters 12–13, 16)
Procedures are established for:
– Petitioning the Commission to initiate or amend rules
– Requesting declaratory orders
– Conducting hearings on contested cases such as disciplinary or applied matters (law.cornell.edu).
📝 6. Administrative & Personnel Provisions
Records, Reporting & HR Management
Chapters 8–9 provide standards for recordkeeping, reporting, and personnel-related protocols (hiring, benefits, evaluations) .
Executive Committee (Chapter 10)
A smaller body within the Commission addresses emergent issues (e.g., urgent staffing matters) .
✅ Summary Table
Topic
Description
Purpose
Ensure effective legal representation for indigent individuals statewide
Governance
Nine Governor-appointed attorneys; Chief Counsel leadership
Funding
$3 per case fee from counties + optional private donations
Core Duties
Case representation, attorney-shortage analysis, rulemaking, hearings
Transparency
Open meetings, procedural safeguards, formal petitions & hearings
Administrative Oversight
HR, records, executive committee authority
🔍 Want to Deep Dive?
If you're seeking the full rule text (e.g., definitions chapter, petition procedures, or contested hearing guidelines), I can help locate the official PDFs or specific sections. Just let me know which chapter or topic you'd like to explore further!
RELATED Blog
0 comments