(1) In all cases when the county attorney has engaged in the courts of another county in any suit, application, or motion, either civil or criminal, in which the state or county is a party interested, which has been transferred by change of venue from his or her county to another county, he or she shall be allowed his or her reasonable and necessary traveling and hotel expenses while so engaged, in addition to his or her regular salary.

(2) The expenses referred to in subsection (1) of this section shall be paid to him or her upon the presentation of a bill for the same, accompanied by proper vouchers, to the county board of his or her county, in like manner as provided in all other cases of claims against the county. In computing reasonable and necessary traveling expenses, the county attorney shall be allowed mileage at the rate allowed by section 81-1176, but if travel by rail or bus is economical and practical and if mileage expense may be reduced thereby, he or she shall be allowed only the actual cost of rail or bus transportation.

Source:Laws 1885, c. 40, § 5, p. 217; Laws 1899, c. 6, § 2, p. 57; Laws 1903, c. 7, § 2, p. 58; Laws 1909, c. 7, § 1, p. 63; Laws 1911, c. 7, § 1, p. 74; Laws 1913, c. 255, § 1, p. 788; R.S.1913, § 2432; Laws 1919, c. 65, § 1, p. 173; C.S.1922, § 2372; Laws 1927, c. 116, § 1, p. 325; C.S.1929, § 33-111; Laws 1933, c. 96, § 6, p. 385; C.S.Supp.,1941, § 33-111; Laws 1943, c. 90, § 18, p. 305; R.S.1943, § 33-108; Laws 1957, c. 70, § 3, p. 295; Laws 1981, LB 204, § 49; R.S.1943, (1988), § 33-108; Laws 1989, LB 4, § 5; Laws 1996, LB 1011, § 11.

Annotations

Counties are obligated to pay costs and expenses of prosecutions, including fees and expenses of attorneys appointed to represent indigent defendants in criminal cases, and there is no requirement that a property tax be levied therefor. Kovarik v. County of Banner, 192 Neb. 816, 224 N.W.2d 761 (1975).