Nebraska authorizes appointment of counsel in civil forfeiture cases

Key_development Question_mark

04/19/2016, Legislation, Civil Forfeiture

In civil forfeiture proceedings, R.R.S. Neb. § 28-1601(3) permits a person other than the defendant who has a claimed interest in the property being forfeited to petition to intervene “for the specific and limited purpose of demonstrating his, her, or its legal interest in the property and his, her, or its lack of actual knowledge that such property was derived from, used, or intended to be used in violation of the Child Pornography Prevention Act, subsection (1) of section 28-416, or section 28-813.01, 28-1102, 28-1103, 28-1104, 28-1105, 28-1105.01, or 28-1107.”  In such cases, “The court, on its own motion or upon application of the intervening claimant, may appoint counsel to represent such person if such person is indigent.”

Appointment of Counsel: discretionary Qualified: yes