Nebraska 109th Legislature (2025-2026) Status: In Committee

LB 859 — Provide for county conflict counsel to represent certain indigent persons when the public defender is unavailable

Last action — Indefinitely postponed

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Legislature
  4. 4
    To Executive
  5. 5
    Enacted

This bill is in committee in the Legislature. Introduced January 08, 2026. It must pass committee before a floor vote.

Next likely step: a committee vote, then a floor vote in the Legislature.

Prognosis

Stalled 14% · moderate confidence

Where this bill stands today.

Odds of enactment

Low

How often bills like it became law.

  • In Committee

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Bill Text

How this bill changes current law

8 changes Share ↗

AI-generated reading aid from the bill's amendatory text — verify against the official bill.

The bill establishes provisions for the appointment of county conflict counsel in situations where the public defender is unavailable due to conflicts or other valid reasons.

  • 29-3901

    (2) (1) Court means shall mean a district court or a county court; → (2) Court means a district court or a county court;

    Clarifies the definition of 'court' to eliminate redundant wording.

  • 29-3904

    (a) Appointing appointing counsel other than the public defender, → (a) Appointing counsel other than the public defender,

    Removes a repetitive word for clarity.

  • 29-3904

    Not from not appointing any counsel for any indigent felony defendant → Not appointing any counsel for any indigent felony defendant

    Removes redundancy in the phrasing.

  • 29-3904

    when the public defender, county conflict counsel, or counsel initially appointed might otherwise be required to represent conflicting interests or for other good cause shown; → when the public defender, county conflict counsel, or other counsel might otherwise be required to represent conflicting interests or for other good cause shown;

    Clarifies the scope of counsel appointment regarding conflicting interests.

  • 29-3922

    (8) Indigent person means a person who is indigent and unable to obtain legal counsel as determined pursuant to subdivision (4) (3) of section 29-3901; → (8) Indigent person means a person who is indigent as determined pursuant to subdivision (4) of section 29-3901;

    Streamlines the definition of 'indigent person' for clarity and brevity.

  • 29-3905

    Appointed counsel for an indigent felony defendant other than the public defender or county conflict counsel shall apply to the district court which appointed him or her for all expenses reasonably necessary to permit him or her to effectively and competently represent his or her client and for fees for services performed pursuant to such appointment, except that if the defendant was not bound over for trial in the district court, the application shall be made in the appointing court. → Appointed counsel for an indigent felony defendant shall apply to the district court which appointed them for expenses reasonably necessary to permit effective representation and for fees for services performed pursuant to the appointment, except that if the defendant was not bound over for trial in district court, the application shall be made in the appointing court.

    Clarifies and condenses the process for appointed counsel to request expenses and fees.

  • 43-272

    In counties having a population of less than one hundred fifty thousand inhabitants: → In counties with a population of less than one hundred fifty thousand inhabitants:

    Simplifies wording regarding county population criteria.

  • 43-272

    In counties having a population of one hundred fifty thousand or more inhabitants, → In counties with a population of one hundred fifty thousand or more inhabitants,

    Simplifies wording regarding county population criteria.

Action History

  1. Indefinitely postponed

  2. Provisions/portions of LB859 amended into LB965 by AM3015

  3. Notice of hearing for February 11, 2026

  4. Referred to Judiciary Committee

  5. Kauth FA499 filed

  6. Date of introduction

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 48 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (48)

48 members have not signed on to this bill.

Show all 48 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors LB 859?
LB 859 is sponsored by Eliot Bostar.
What is the current status of LB 859?
This bill is in committee in the Legislature. Introduced January 08, 2026. It must pass committee before a floor vote.
Where can I track LB 859?
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