County attorney; terms; qualifications; partisan ballot.
Except as provided in section 23-1201.01, a county attorney shall be elected in each county at the statewide general election in 1990 and each four years thereafter. The term of the county attorney shall be four years or until his or her successor is elected and qualified. Candidates for the office of county attorney shall meet the qualifications found in sections 23-1201.01 and 23-1201.02. The county attorney shall be elected on the partisan ballot.
Source:Laws 1994, LB 76, § 118.
Office of county attorney is to be treated as a legislative office as distinguished from a constitutional office. Fitzgerald v. Kuppinger, 163 Neb. 286, 79 N.W.2d 547 (1956).
The term of office of a county attorney is not limited to four years, but continues until a successor is elected, or appointed, and qualified. State ex rel. Schroeder v. Swanson, 121 Neb. 459, 237 N.W. 407 (1931).
Under the Constitution, Article IX, section 4, the Legislature has power to create the office of county attorney. Dinsmore v. State, 61 Neb. 418, 85 N.W. 445 (1901).
Although county attorneys now have the same duties and powers as district attorneys formerly had, a county attorney is a county officer and the county court has original jurisdiction over contests of election for that office. Bell v. Templin, 26 Neb. 249, 41 N.W. 1093 (1889).