Judges: WRITTEN BY: Paul L. Douglas, Attorney General; Mel Kammerlohr, Assistant Attorney General.
Filed Date: 2/1/1983
Status: Precedential
Modified Date: 7/5/2016
REQUESTED BY: Patrick R. McDermott, Perkins County Attorney.
May two or more counties join together under the Interlocal Act for the purpose of contracting for a public defender without it becoming a public defender's office subject to election every four years under §§
Yes, as noted.
Under the Interlocal Cooperation Act two or more public agencies, in this case counties, may join together to exercise jointly any power which may be exercised singly by one of said agencies. Neb.Rev.Stat. §§
A county has only such powers as are expressly granted by the Legislature together with such implied powers as are required to execute such express powers. Neb.Rev.Stat.
As you know, counties under 200,000 population are authorized, but not required, by §
Under §
It is thus clear that in counties not having a public defender's office as established by statute, the counties have authority to pay for attorneys appointed by the court to represent indigents. We think it is clear that the public defender, required to be appointed under §
It should also be emphasized that the court would not be bound to pay the attorney the contract price you have established, but may set the fee itself under §
Under these restrictions, we thing the counties would have the authority to jointly enter a contract with an attorney to handle criminal cases for indigents.
Very truly yours, PAUL L. DOUGLAS Attorney General Mel Kammerlohr Assistant Attorney General APPROVED:Paul L. Douglas Attorney General