84-205 Attorney General; powers and duties; Child Protection Division. - Nebraska Statutes

84-205. Attorney General; powers and duties; Child Protection Division.The duties of the Attorney General shall be:(1) To appear and defend actions and claims against the state;(2) To investigate, commence, and prosecute any and all actions resulting from violations of sections 32-1401 to 32-1417;(3) To consult with and advise the county attorneys, when requested by them, in all criminal matters and in matters relating to the public revenue. He or she shall have authority to require aid and assistance of the county attorney in all matters pertaining to the duties of the Attorney General in the county of such county attorney and may, in any case brought to the Court of Appeals or Supreme Court from any county, demand and receive the assistance of the county attorney from whose county such case is brought;(4) To give, when required, without fee, his or her opinion in writing upon all questions of law submitted to him or her by the Governor, head of any executive department, Secretary of State, State Treasurer, Auditor of Public Accounts, Board of Educational Lands and Funds, State Department of Education, Public Service Commission, or Legislature;(5) At the request of the Governor, head of any executive department, Secretary of State, State Treasurer, Auditor of Public Accounts, Board of Educational Lands and Funds, State Department of Education, or Public Service Commission, to prosecute any official bond or any contract in which the state is interested which is deposited with any of them and to prosecute or defend for the state all civil or criminal actions and proceedings relating to any matter connected with any of such officers' departments if, after investigation, he or she is convinced there is sufficient legal merit to justify the proceeding. Such officers shall not pay or contract to pay from the funds of the state any money for special attorneys or counselors-at-law unless the employment of such special counsel is made upon the written authorization of the Governor or the Attorney General;(6) To enforce the proper application of money appropriated by the Legislature to the various funds of the state and prosecute breaches of trust in the administration of such funds;(7) To prepare, when requested by the Governor, Secretary of State, State Treasurer, or Auditor of Public Accounts or any other executive department, proper drafts for contracts, forms, or other writings which may be wanted for the use of the state and report to the Legislature, whenever requested, upon any business pertaining to the duties of his or her office;(8) To pay all money received, belonging to the people of the state, immediately upon receipt thereof, into the state treasury;(9) To keep a record in proper books provided for that purpose at the expense of the state, a register of all actions and demands prosecuted or defended by him or her in behalf of the state and all proceedings had in relation thereto, and deliver the same to his or her successor in office;(10) To appear for the state and prosecute and defend all civil or criminal actions and proceedings in the Court of Appeals or Supreme Court in which the state is interested or a party. When requested by the Governor or the Legislature, the Attorney General shall appear for the state and prosecute or defend any action or conduct any investigation in which the state is interested or a party before any court, officer, board, tribunal, or commission;(11) To prepare and promulgate model rules of procedure appropriate for use by as many agencies as possible. The Attorney General shall add to, amend, or revise the model rules as necessary for the proper guidance of agencies;(12) To include within the budget of the office sufficient funding to assure oversight and representation of the State of Nebraska for district court appeals of administrative license revocation proceedings under section 60-498.04; and(13) To create a Child Protection Division to be staffed by at least three assistant attorneys general who each have five or more years of experience in the prosecution or defense of felonies or misdemeanors, including two years in the prosecution or defense of crimes against children. Upon the written request of a county attorney, the division shall provide consultation and advise and assist in the preparation of the trial of any case involving a crime against a child, including, but not limited to, the following offenses:(a) Murder as defined in sections 28-303 and 28-304;(b) Manslaughter as defined in section 28-305;(c) Kidnapping as defined in section 28-313;(d) False imprisonment as defined in sections 28-314 and 28-315;(e) Child abuse as defined in section 28-707;(f) Pandering as defined in section 28-802;(g) Debauching a minor as defined in section 28-805; and(h) Offenses listed in sections 28-813, 28-813.01, and 28-1463.03.Any offense listed in subdivisions (a) through (h) of this subdivision shall include all inchoate offenses pursuant to the Nebraska Criminal Code and compounding a felony pursuant to section 28-301. Such crimes shall not include matters involving dependent and neglected children, infraction violations, custody, parenting time, visitation, or other access matters, or child support. If the county attorney declines in writing to prosecute a case involving a crime against a child because of an ethical consideration, including the presence or appearance of a conflict of interest, or for any other reason, the division shall, upon the receipt of a written request of the county attorney, the Department of Health and Human Services, the minor child, the parents of the minor child, or any other interested party, investigate the matter and either decline to prosecute the matter or initiate the appropriate criminal proceedings in a court of proper jurisdiction.For purposes of this subdivision, child or children shall mean an individual or individuals sixteen years of age or younger. SourceLaws 1919, c. 205, § 5, p. 905; C.S.1922, § 4838; C.S.1929, § 84-205; R.S.1943, § 84-205; Laws 1972, LB 1456, § 4; Laws 1973, LB 14, § 2; Laws 1990, LB 1246, § 17; Laws 1991, LB 732, § 157; Laws 1994, LB 446, § 13; Laws 1996, LB 1044, § 977; Laws 1997, LB 758, § 6; Laws 2003, LB 209, § 18; Laws 2007, LB554, § 45. Cross ReferencesNebraska Criminal Code, see section 28-101. AnnotationsThe Attorney General acted in this case pursuant to a request of the Governor as provided in this section. State ex rel. Douglas v. Gradwohl, 194 Neb. 745, 235 N.W.2d 854 (1975).Attorney General was required upon request of Governor to bring declaratory judgment proceeding to determine constitutionality of statute. State ex rel. Meyer v. County of Lancaster, 173 Neb. 195, 113 N.W.2d 63 (1962).Action to test constitutionality of statute was properly brought by Attorney General at direction of the Governor. State ex rel. Beck v. City of York, 164 Neb. 223, 82 N.W.2d 269 (1957).Attorney General, at request of Department of Roads and Irrigation, is authorized to bring injunction suit to enforce compliance with irrigation laws. State ex rel. Sorensen v. Mitchell Irrigation District, 129 Neb. 586, 262 N.W. 543 (1935).Officers of departments and state institutions are entitled to opinion and advice of Attorney General upon questions of law. Follmer v. State, 94 Neb. 217, 142 N.W. 908 (1913).Attorney General may authorize other attorneys to appear for him and assert right on behalf of state to public charity. In re Creighton's Estate, 91 Neb. 654, 136 N.W. 1001 (1912).Attorney General may, on behalf of state, sue in equity to enjoin common carriers whose rates are fixed by law from exacting excessive rates. State v. Pacific Express Co., 80 Neb. 823, 115 N.W. 619 (1908).Where Attorney General refuses to file brief on ground that evidence is insufficient, conviction will ordinarily be reversed. Lorenz v. State, 53 Neb. 463, 73 N.W. 935 (1898); George v. State, 44 Neb. 757, 62 N.W. 1094 (1895).Attorney General is required to prosecute or defend any case in Supreme Court in which state is party or interested. State ex rel. Board of Transportation v. Fremont, E. & M. V. R.R. Co., 22 Neb. 313, 35 N.W. 118 (1887).Attorney General cannot appear in federal court and consent to waiver of state's immunity from suit. O'Connor v. Slaker, 22 F.2d 147 (8th Cir. 1927).