Nebraska § 23-1201.02 - County attorney; qualifications; exception.

Full text of Nebraska Revised Statutes of Nebraska § 23-1201.02 — County attorney; qualifications; exception., with citation guidance and answers to common questions.

§ 23-1201.02. County attorney; qualifications; exception.

(1) No person shall seek nomination or appointment for the office of county attorney in counties of Class 4, 5, 6, or 7, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state for at least two years next preceding the date such person would take office and has practiced law actively in this state during such two-year period, except that if no person who meets the requirements of this subsection has filed for or sought such office by the filing deadline for nomination or by the deadline for applications for appointment, the provisions of this subsection shall not apply to any person seeking such office.

(2) No person shall seek nomination or appointment for the office of county attorney, nor serve in that capacity, unless he or she has been admitted to the practice of law in this state.

(3) The classification of counties in section 23-1114.01 applies for purposes of this section.

An attorney's providing legal advice to an organization on a routine basis regarding various matters satisfies the "practiced law actively" requirement. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).

"Practiced law actively" means engaged in giving advice or rendering such service as requires the use of any degree of legal knowledge or skill and doing so on a daily or routine basis. Nebraska Republican Party v. Shively, 311 Neb. 160, 971 N.W.2d 128 (2022).

Frequently Asked Questions About Nebraska § 23-1201.02

What does Revised Statutes of Nebraska § 23-1201.02 cover?

Section 23-1201.02 ("County attorney; qualifications; exception.") is part of the Revised Statutes of Nebraska, the codified statutory law of Nebraska. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite Nebraska § 23-1201.02?

A common citation format is "Revised Statutes of Nebraska § 23-1201.02" (Nebraska). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of Nebraska law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the Nebraska official source linked on this page or consult a licensed Nebraska attorney.

How does Nebraska § 23-1201.02 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Nebraska can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in Nebraska.