23-1205 Acting county attorney; appointment; when authorized; compensation.
23-1205. Acting countyattorney; appointment; when authorized; compensation.Due to the absence, sickness, disability,or conflict of interest of the county attorney and his or herdeputies, or upon request of the county attorney for good cause, the Supreme Court, the Court of Appeals, or any district court,separate juvenile court, or county court before which the cause may be heard mayappoint an attorney to act as county attorney in any investigation, appearance,or trial by anorder enteredupon the minutes of the court. Such attorney shall be allowed compensationfor such services as the court determines, tobe paid by order of the county treasurer uponpresenting to the county board the certificate of the judge before whom thecause was tried certifying to services rendered by such attorney and the amountof compensation. SourceLaws 1885, c. 40, § 7, p. 218; R.S.1913, § 5600; C.S.1922, § 4917; C.S.1929, § 26-905; R.S.1943, § 23-1205; Laws 1969, c. 165, § 2, p. 742; Laws 2007, LB214, § 1; Laws 2009, LB35, § 3.AnnotationsDistrict court is given authority to appoint an acting county attorney in the event of absence, sickness, or disability of county attorney. Stewart v. McCauley, 178 Neb. 412, 133 N.W.2d 921 (1965).It is within the discretion of the court to appoint any attorney in lieu of disqualified county attorney, and ruling will not be disturbed unless discretion is abused. Quinton v. State, 112 Neb. 684, 200 N.W. 881 (1924).Appointment where attorney refused to prosecute is proper. Spaulding v. State, 61 Neb. 289, 85 N.W. 80 (1901).Information may be filed by substitute county attorney without infringing constitutional rights of accused. Korth v. State, 46 Neb. 631, 65 N.W. 792 (1896).Appointment of another attorney is proper where county attorney had appeared for accused. Gandy v. State, 27 Neb. 707, 43 N.W. 747 (1889), 44 N.W. 108 (1889).