2020 Boards and Commissions

Nebraska Commission on Public Advocacy.

General Information

Formal Name:Nebraska Commission on Public Advocacy.
Contact Person:Jeffery A. Pickens Jeffery A. Pickens, Chief Counsel; Rita Wesely, Admin AsstFiscal Officer, 140 North 8th Street, Suite 270, Lincoln, Nebr., 68508; (402) 471-8088.
Purpose:The Commissions purpose is to provide property tax relief to the counties that use our services. Counties are financially obligated to provide effective legal representation to indigent criminal defendants. The Commission effectively represents indigent criminal defendants charged with or convicted of capital murder, first degree murder, and second degree murder, as well as other serious violent felony offenses and serious felony drug distribution offenses. The Commission represents defendants at trial, on direct appeal, on motions for new trial, in postconviction proceedings, and in state habeas corpus proceedings. We are required by statute to represent indigent prisoners pursuant to the DNA Testing Act, and to pay for testing. We occasionally petition the U.S. Supreme Court for writs of certiorari. We retain investigators and expert witnesses on a case-by-case basis. We regularly assist public defenders and court-appointed defense counsel. The Commission provides all of its services at no cost to the counties that use our services. By using the Commissions free services rather than appointing private lawyers to represent indigent criminal defendants, counties realize property tax relief.The Commission also administers the following programs: The Legal Aid and Services Fund (LASF), the Civil Legal Services Fund (CLSF), and the Legal Education for Public Service and Rural Practice Loan Repayment Assistance Fund (LRAP).
How Many Affectable:Potentially all Nebraska citizens.
How Many Served:FY16-17: 71; FY17-18: 85; FY18-19: 85; FY19-20: 62.
Year Created:1995.
Year Active:The Commission became operational in the spring of 1996.
Sunset Date:NA.

Authorization

Authorization Citation:Neb. Rev. Stat. sections 7-201 to 210; 25-3001 to 3010; 29-2101; 29-3504; 29-3919 to 3930; 29-4116 to 4125; 33-107.01 and 33-107.02; 33-156; 49-617; and 81-1316.
Parent Agency:NA

Memberships and Meetings

Number Of Members:9
Who Appoints:The Governor appoints commissioners from a list of attorneys submitted by the executive council of the Nebraska State Bar Association (NSBA) after consultation with the board of directors of the Nebraska Criminal Defense Attorneys Association.
Legislative Approval:NA
Qualifications Of Members:A commissioner must be a member of the Nebraska State Bar Association who has substantial experience in criminal defense work and in civil legal matters that commonly affect low income persons and shall not be a prosecutor, law enforcement officer or judge.
Per Diem:No.
Expense Reimbursement:Yes, if they choose.
Term Length:6 years.
Terms Rotate or Expire At Once:Terms Rotate

Meetings Required In:

Required FY 17-18:NA
Held FY 17-18:2
Required FY 18-19:NA
Held FY 18-19:3
Required FY 19-20:NA
Held FY 19-20:2

Operations

Support Staff:2
Shared or Separate:Separate
FY 17-18 Budget:The budget for FY2017-18 was $5,005,163. $172,183.64 was disbursed as pass-through funds for the Legal Aid and Services Fund. $204,311.00 was disbursed as passed-through funds for the Civil Legal Services Fund.
FY 18-19 Budget:The budget for FY2018-19 was $5,169,706; $2,057,950.00 were pass-through funds for LASF; $183,903.00.00 were pass-through funds for CLSF; $232,753.93 were pass-through funds for LRAP.
FY 19-20 Budget:The budget for FY2019-20 was $5,201,910; $1,851,566.00 were pass-through funds for LASF; $159,092.00.00 were pass-through funds for CLSF; $60,689.00 were pass-through funds for LRAP.
Other Funding Sources:Pursuant to Neb. Rev. Stat. 29-3921, the Legislature intended for the Commission to be funded solely by the indigent defense fee.
Spending Authority:Yes, the Commission approves all spending allocation for Commission operations and fiscal duties related to LASF, CLSF, DNA Testing Act, and LRAP.

Accomplishments

Since July 1, 2016:The Commission continues to provide effective representation to indigent defendants charged with capital murder and other serious crimes even though our filing-fee revenue and the balance in our cash fund continue to decline each year. Despite difficult fiscal conditions, we continue to provide property tax relief to the counties that use our services.