Statutory Reference: Neb. Rev. Stat. sect. 29-3923

BACKGROUND

The Nebraska Commission on Public Advocacy was created in 1995 to provide property tax relief to counties in their representation of indigent defendants charged with first-degree murder and serious violent or drug-related felonies, including juvenile cases at trial and on direct appeal. The commission also provides legal assistance to public defenders and court-appointed attorneys. The system provides property tax relief because counties pay nothing for such legal services and associated costs.

The commission consists of nine members appointed by the governor from a list of attorneys submitted by the executive council of the Nebraska State Bar Association after consultation with the board of directors of the Nebraska Criminal Defense Attorneys Association. A member is appointed from each of the six state Supreme Court districts, and three members are appointed at large. Members must belong to the Nebraska State Bar Association and have substantial experience in criminal defense work. They may not be prosecutors, law enforcement officials or judges during their terms of office. Members serve six-year terms. The governor designates the chairperson of the commission. Members are reimbursed for expenses.

The commission appoints a chief counsel to supervise the divisions of the commission. These divisions are the capital litigation division, which helps in the defense of Nebraska capital cases; the violent crime and drug defense division, which helps in the defense of such cases; the appellate division, which prosecutes appeals to the state Court of Appeals and Supreme Court; the DNA testing division, which helps in representation in such cases and to pay for DNA testing; and the major case resource center, which helps public defenders, contracting attorneys or court-appointed attorneys with the defense of a felony offense. The chief counsel also manages the Legal Aid and Services Fund.

MISSION STATEMENT

The mission of the agency is to assist Nebraska counties in providing indigent defense services, which are mandated by the State and Federal constitutions and State laws establishing crime and penalties, and to assist indigent citizens who are in need of civil legal services and cannot afford to hire an attorney. Its mission also includes reimbursing qualifying counties for adherence to indigent defense standards and to represent qualifying indigent prisoners under the DNA Testing Act, both efforts which have been affected by funding cuts. This agency is also assisting indigent citizens who are in need of civil legal services and cannot afford to hire an attorney.

Staff :

• James R. Mowbray, Chief Counsel, telephone (402) 471-7778, jmowbray@ncpa.ne.gov
• Jeffery A. Pickens, Attorney, capital litigation division, telephone (402) 471-7775,  jpickens@ncpa.ne.gov
• Jerry L. Soucie, Attorney, appellate division, telephone (402) 471-8084,  jsoucie@ncpa.ne.gov
• Robert W. Kortus, Attorney, major case resource center, telephone (402) 471-8086,  rkortus@ncpa.ne.gov
• Kelly S. Breen, Attorney, violent crime and drug defense division, telephone (402) 471-8085, kbreen@ncpa.ne.gov
• Todd W. Lancaster, Attorney, violent crime and drug defense division, telephone (402) 471-8026, tlancaster@ncpa.ne.gov
• Shara Aden , Paralegal, telephone (402) 471-7776, saden@ncpa.ne.gov
• J. Stevan Worster , Investigator, telephone (402) 471-8083, sworster@ncpa.ne.gov
• Rita J. Wesely , Administrative Assistant, telephone (402) 471-8088, rwesely@ncpa.ne.gov