Public Defenders in the State Court

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Liz:

I see that as a great benefit for PD offices throughout the state. Now that in person CLE are going to be required again, the expenses can add up for the many offices of Public Defenders. I would like to see this change made for the benefit of those offices.

Bob Lindemeier

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Liz,

    This is not an issue in Hall County. There is a budget line item in the Hall County  Public Defender Budget for training.

                                                                                                                                Gerry Piccolo

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Liz,

    This is not an issue in Hall County. There is a budget line item in the Hall County  Public Defender Budget for training.

                                                                                                                                Gerry Piccolo

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Liz,

    This is not an issue in Hall County. There is a budget line item in the Hall County  Public Defender Budget for training.

                                                                                                                                Gerry Piccolo

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Liz,

    This is not an issue in Hall County. There is a budget line item in the Hall County  Public Defender Budget for training.

                                                                                                                                Gerry Piccolo

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Liz,

    This is not an issue in Hall County. There is a budget line item in the Hall County  Public Defender Budget for training.

                                                                                                                                Gerry Piccolo

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Liz,

    This is not an issue in Hall County. There is a budget line item in the Hall County  Public Defender Budget for training.

                                                                                                                                Gerry Piccolo

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129

Dear Nebraska Public Defender Community:

The Nebraska State Bar Association recently discovered a discrepancy in the statutes between elected public defenders and contract public defenders as it related to covering expenses for continuing legal education. Anecdotally, we have heard of public defender offices that do not cover CLE expenses for their lawyers. Is this an issue for you or your office? We would appreciate your feedback as to whether this is a statutory change worth exploring.

Contract Public Defenders

Currently, Nebraska Rev. Statute. 23-3406 provides for the terms of public defender contracts. Among other things, the statute provides that the contract between the contracting attorney and the county board specify that the attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law and that the contract between the contract attorney and the county board provide funds for the contracting attorney's required continuing legal education.

"(6) The contract between the contracting attorney and the county board shall provide that the contracting attorney shall receive at least ten hours of continuing legal education annually in the area of criminal law. The contract between the county board and the contracting attorney shall provide funds for the continuing legal education of the contracting attorney in the area of criminal law."

Elected Public Defenders

Alternatively, Neb. Rev. Statute 23-3403 addresses support and compensation for elected public defenders. The statute does not currently address expenses related to continuing legal education expenses. 

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

As you know, we have a number of public defender offices with vacancies right now. Data indicate that employer paid professional development can be an important tool for employee retention. In the NSBA's 2022 Economic Survey, paying expenses for CLE and professional development ranked #1 in terms of the top benefits provided by legal employers. It ranked #6 (out of 25) of benefits most important to lawyers if they were looking for a job.

As such, we would like to solicit your feedback regarding a proposed revision to 23-3403:

"The public defender may appoint as many assistant public defenders, who shall be attorneys licensed to practice law in this state, secretaries, law clerks, investigators, and other employees as are reasonably necessary to permit him or her to effectively and competently represent the clients of the office subject to the approval and consent of the county board which shall fix the compensation of all such persons as well as the budget for tuition, fees, and other expenses incurred to meet attorney continuing legal education requirements, office space, furniture, furnishings, fixtures, supplies, law books, court costs, and brief-printing, investigative, expert, travel, and other miscellaneous expenses reasonably necessary to enable the public defender to effectively and competently represent the clients of the office."

Please send me your thoughts by August 1, 2023 via this listserv or directly to Lneeley@nebar.com. Thanks in advance for your consideration and feedback on whether this proposal is worth exploring.

Sincerely,

Liz Neeley

Liz Neeley, Ph.D.

Executive Director

Nebraska State Bar Association

lneeley@nebar.com

635 S 14^th St. #200 | Lincoln NE 68508

(402) 742-8129