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LB 859

Provide for county conflict counsel to represent certain indigent persons when the public defender is unavailable

109th Legislature (2025-2026) Introduced by Eliot Bostar

LB 859 requires Nebraska counties to establish conflict counsel systems to represent indigent defendants when public defenders cannot due to conflicts of interest or unavailability.

Notice of hearing for February 11, 2026
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Bill Summary · LB 859

Legislative bill overview

LB 859 establishes a system for county conflict counsel to provide legal representation to indigent defendants in cases where the public defender has a conflict of interest or is otherwise unavailable. This creates an alternative representation mechanism to ensure defendants receive counsel even when the primary public defender's office cannot serve.

Why is this important

The bill addresses a critical gap in the criminal justice system where defendants could face trial without adequate legal representation due to conflicts of interest. By establishing a structured backup system using county-appointed conflict counsel, the bill helps ensure constitutional right-to-counsel protections are maintained and court proceedings aren't delayed by representation gaps.

Potential points of contention

  • Cost allocation: Unclear how counties will fund conflict counsel positions and whether state will reimburse costs, potentially shifting financial burdens to county budgets
  • Quality and consistency: May create disparities in representation quality depending on county resources and conflict counsel experience levels
  • Definition of conflicts: The bill's criteria for when public defenders are "unavailable" or have conflicts may be ambiguous, leading to inconsistent application across counties

Compiled from official sources — confirm details with the bill’s official record.

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