Could a Nebraska county attorney or the attorney's firm represent a party in a divorce involving minor children?
Apply this to your situation
This page answers the general question as of 1974. Ask about yours and see what the current Nebraska Rules of Professional Conduct say for your facts, with citations.
Plain-English summary
Opinion 74-1 amended Nebraska Opinion 71-2. It generally barred a county attorney and the attorney's firm from representing a client in a divorce involving minor children because a later prosecution for failure to pay child support could arise from the same matter.
The committee recognized an exception if the county board adopted a resolution establishing a general policy that permitted the county attorney to undertake this category of divorce representation. The same resolution had to commit county funds for a special prosecutor to handle any later nonsupport prosecution arising from the divorce.
When the exception applied, the county attorney remained precluded from prosecuting either divorce party for failure to pay child support. A duly appointed, independent special prosecutor had to handle that case.
Currency note
This opinion was issued in 1974, before Nebraska's adoption of the 2005 Rules of Professional Conduct. Subsequent rule amendments or later opinions may have changed the analysis. Treat this page as historical context, not current guidance. Verify against current rules before relying on any specific rule, deadline, or requirement.
Common questions
Q: What action did the county board have to take?
A: It had to adopt a resolution establishing a general policy permitting its county attorney to represent parties in divorces involving minor children.
Q: Who had to handle a later nonsupport prosecution?
A: An independent special prosecutor appointed by the county board at county expense.
Q: Could the county attorney prosecute one of the divorce parties for failure to pay support?
A: No. The opinion expressly precluded that prosecution.
Background and rules framework
The short opinion amended Nebraska Opinion 71-2 by creating a county-policy and special-prosecutor mechanism. It did not cite a particular disciplinary rule.
Citations and references
Other opinions cited:
- Nebraska Advisory Opinion 71-2
See also
- Nebraska Ethics Op. 74-12: County attorney and out-of-county divorce
- Nebraska Ethics Op. 76-15: County attorney and former divorce matter
- Nebraska Ethics Op. 74-2: Prosecutor as defense counsel
Source
- Landing page: Nebraska lawyer ethics opinions archive
- Original PDF: Nebraska Ethics Advisory Opinion 74-1
Original opinion text
Reproduced from the official source for research purposes. The linked source is authoritative.
Nebraska Ethics Advisory Opinion for Lawyers No. 74-1
A county attorney or a law firm of which he is a member may not ethically represent clients in divorce actions involving minor children unless the county board of such county has adopted by Resolution a general policy permitting its county attorney to represent parties to a divorce action involving minor children and agreeing to engage at the expense of the county a Special Prosecutor to handle any non-support prosecutions subsequently arising out of such divorce action. In any such case, the county attorney is precluded from prosecuting a criminal action against one of the parties to the divorce proceeding for failure to pay child support, and the prosecution must be handled by an independent Special Prosecutor duly appointed by the county board.
Nebraska Ethics Advisory Opinion for Lawyers No. 74-1
(Amendment to Opinion No. 71-2 )
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