§ 6-1476.Waiver of right to counsel in juvenile cases.
Article 14: Uniform County Court Rules of Practice and Procedure · Last amended July 1, 2022 · Last verified July 22, 2026
In one sentenceThis rule requires a Nebraska juvenile court, at a juvenile’s first appearance without a lawyer or when the juvenile wants to waive counsel, to confirm the juvenile has consulted counsel about that decision, and to pause the case and offer that consultation before accepting any waiver.
Full Text of § 6-1476
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This rule provides a process to ensure that a juvenile has consulted with counsel, and if not, is provided with the opportunity to consult with counsel prior to the juvenile exercising his or her right to waive his or her right to counsel.
At the first appearance, when the petition alleges the juvenile to be within the provisions of subdivision (1), (2), (3)(b), or (4) of Neb. Rev. Stat. § 43-247 and the juvenile appears without counsel, or expresses the desire to waive the right to counsel, the court shall explain to the juvenile that the juvenile has a right to consult with counsel prior to waiving his or her right to counsel. The court shall inquire if the juvenile consulted with counsel prior to the appearance. If the juvenile did not consult with counsel, the court shall inquire if the juvenile wishes to consult with counsel prior to waiving his or her right to counsel. If the juvenile did not consult with counsel and does not wish to consult with counsel, the court may accept the waiver, provided the waiver complies with Neb. Rev. Stat. § 43-3102. If the juvenile wishes to consult with counsel prior to waiving his or her right to counsel, the court shall recess or continue the proceeding for the limited purpose of consulting on the waiver of the right to counsel and, if appropriate, appoint counsel as provided in Neb. Rev. Stat. § 43-272, or otherwise provide the juvenile with the opportunity to consult with counsel.
Amendment History
§ 6-1476 adopted May 19, 2022, effective July 1, 2022.
Plain-English Summary
A juvenile giving up the right to a lawyer is a serious step, and this rule builds in a real pause point before the court accepts that decision. It applies at the first appearance in cases alleging the juvenile falls within the delinquency or certain status-offense categories of Neb. Rev. Stat. § 43-247, subdivisions (1), (2), (3)(b), or (4), whenever the juvenile appears without counsel or says they want to waive the right to counsel.
The court has to explain that the juvenile has a right to consult counsel before waiving counsel, then ask whether the juvenile already consulted a lawyer before the appearance. If the juvenile has not, the court asks whether the juvenile wants to consult counsel before deciding on the waiver. Only if the juvenile has not consulted and does not want to may the court accept the waiver — and even then, only if the waiver satisfies the separate requirements of Neb. Rev. Stat. § 43-3102. If the juvenile does want to consult a lawyer first, the court recesses or continues the proceeding for that limited purpose, appointing counsel under Neb. Rev. Stat. § 43-272 or otherwise arranging the consultation before the waiver question comes back before the court.
Frequently Asked Questions
Does a juvenile have to consult a lawyer before waiving the right to counsel?
The court has to offer that opportunity. If the juvenile has not already consulted counsel and wants to before deciding, the court recesses or continues the case and arranges the consultation, including appointment of counsel if appropriate.
What does the judge ask a juvenile at the first appearance under this rule?
Whether the juvenile has already consulted counsel about waiving the right to counsel, and if not, whether the juvenile wants to consult counsel before making that decision.
What happens if the juvenile wants to consult a lawyer before deciding whether to waive counsel?
The court recesses or continues the proceeding for the limited purpose of that consultation and, if appropriate, appoints counsel or otherwise arranges for the juvenile to consult with a lawyer.
Can the court accept a juvenile’s waiver of counsel without asking these questions?
No. The court may accept the waiver only after confirming the juvenile did not consult counsel and does not want to, and only if the waiver otherwise complies with Neb. Rev. Stat. § 43-3102.
Which juvenile cases does this consultation requirement cover?
Cases where the petition alleges the juvenile falls within subdivision (1), (2), (3)(b), or (4) of Neb. Rev. Stat. § 43-247.
Source & verification. Section text and amendment history are
reproduced verbatim from the Nebraska Judicial Branch, adopted by the
Supreme Court of Nebraska. Last verified July 22, 2026. ·
Official source
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