Rule 6.1. Criminal Cases
(A) Appearances:
(1) Defendants in Custody. All Defendants arrested on a criminal charge shall be brought before the Court no later than 7 days after arrest if they are still in custody.
(2) Defendants Not in Custody. All Defendants cited or arrested and released on bond on criminal matters shall, within 21 days of their citation or date of arrest, have a scheduled court hearing.
(3) Defendants Cited for Traffic Infraction. All Defendants cited for a traffic infraction shall, within 30 days of the date of the citation, have a scheduled court hearing.
(B) Criminal Complaints Filed: The prosecutor shall file a Complaint on all criminal cases at least 24 hours prior to Defendant’s first appearance. The Complaint shall include the statute numbers of the criminal charge.
(C) Motions to Dismiss: A Motion to Dismiss filed by the prosecutor must indicate whether it is dismissed with or without prejudice and at whose costs.
(D) Written Waivers and Pleas of Not Guilty: Defendants with counsel may file a waiver of first appearance and written not guilty plea as provided in Neb. Rev. Stat. § 29-4206 or using the approved forms maintained by the County Court.
(E) Written Waivers of Preliminary Hearings: Defendants with counsel may file a written waiver of preliminary hearing as provided in Neb. Rev. Stat. § 29-4206 or using the approved forms maintained by the County Court, after the Defendant has appeared before the County Court and been advised in person of their rights and possible punishments.
(F) Proposed Jury Instructions: Unless otherwise ordered, each party must file proposed jury instructions 21 days before the first day of trial.
(G) Appointment of Counsel for Indigent Defendants in Criminal Cases: The following rule is adopted by the County and District Courts of the Sixth Judicial District for the appointment of indigent counsel for individuals charged with crimes of misdemeanors and felonies after January 1, 2015. This rule shall not apply to criminal proceedings in which the court appoints the Public Defender or the Nebraska Commission on Public Advocacy.
I. GENERAL.
II. Appointments of private attorneys shall be made on an impartial and equitable basis.
III. The appointments shall be distributed among the attorneys on a rotation system except as provided in Section III.
IV. Cases shall be assigned to attorneys of sufficient experience, skill, and competence to render effective assistance of counsel to defendants.
V. Complex cases shall be assigned to attorneys with sufficient levels of experience and competence to provide adequate representation.
VI. Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision.
VII. COURT-APPOINTED ATTORNEY LIST.
VIII. Each County and District Court shall maintain a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants.
IX. Attorneys may contact the County and District Court in each County and request the Clerks thereof to place them on, or remove them from, the court-appointed list.
X. The Clerks shall make the court-appointed attorney list available upon request.
XI. METHOD OF SELECTION FROM COURT-APPOINTED LIST.
XII. The court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the court’s sole discretion to make exceptions due to:
XIII. the nature and complexity of the case;
XIV. an attorney’s experience;
XV. the nature and disposition of the defendant;
XVI. a language consideration;
XVII. a conflict of interest;
XVIII. the availability of an attorney, taking into consideration an immediate need to address issues involved in the case;
XIX. geographical considerations; and
XX. other relevant factors that may be involved in a specific case.
XXI. If the court in its sole discretion varies from the rotation basis, it may appoint any qualified attorney, whether or not the attorney is on the court-appointed attorney list.
XXII. REMOVAL AND REINSTATMENT FROM APPOINTMENT LIST.
XXIII. Judges will monitor attorney performance on a continuing basis to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of County and District Court judges.
XXIV. If an attorney is under consideration for removal from the list, written notification will be given indicating the concerns with his or her performance giving rise to consideration for removal, and be given the opportunity to respond in writing or in person before a final decision is made.
XXV. An attorney who has been removed from the list may be considered for reinstatement by a majority vote of the judges, after the deficiencies contained in the notice have been resolved.
(H) Court-Appointed Attorney Fees and Expenses:
(1) Court-appointed attorneys must submit the completed application as provided in Neb. Ct. R. § 6-1407 for fees and expenses within 90 days after sentencing or dismissal of a case.
(2) If the case is a felony and resolved in District Court, an application for fees must be filed in County Court for the work done prior to the case being bound to District Court and a separate application for fees must be filed in the District Court for the work done after the case was bound over. The application for fees filed in the District Court is to include any payments requested from County Court.
(3) The Court shall allow reasonable expenses, including drive time and mileage. The hourly fee and mileage reimbursement shall be by majority vote of the Judges and shall be kept on file with the clerk.
(I) Pretrial Release: The County Court authorizes the use of a pretrial release program if a Defendant is not able to post bond and pretrial release is available through the County jail. In counties where such a program is available, approved application forms shall be kept on file with the clerk.
(J) House Arrest: The County Court authorizes the use of a house arrest program if available through the County jail and needed for a medical reason. In counties where such a program is available, approved application forms shall be kept on file with the clerk.
(K) Work Release: The County Court authorizes the use of a work release program if available through the County jail. In counties where such a program is available, approved application forms shall be kept on file with the clerk.
(L) Time Pays:
(1) When a Defendant is issued a fine or Court costs are assessed the Court shall give a date certain to pay the amount due or to show cause why they should not be found in contempt of Court.
(2) If after the issuance of a warrant, but prior to being arrested for failure to abide by the time pay agreement, the Defendant comes into compliance by paying, the warrant shall be vacated.
Rule 6.1. approved May 27, 2026.