§ 6-1708.Waiver of right to counsel in juvenile cases.

Article 17: Uniform Separate Juvenile 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, when a juvenile appears without counsel or wants to waive the right to counsel, to make sure the juvenile understands the right to consult with a lawyer first and to give the juvenile that chance before accepting any waiver.

Full Text of § 6-1708

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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

§ 6-1708 adopted May 19, 2022, effective July 1, 2022.

Plain-English Summary

Waiving the right to counsel is a serious step for anyone, and Section 6-1708 builds in a safeguard for juveniles facing that choice in certain kinds of cases. At the first appearance, when the petition alleges the juvenile falls within specified categories under Neb. Rev. Stat. § 43-247 and the juvenile shows up without a lawyer, or says they want to give up the right to one, the court has to explain that the juvenile has a right to consult with counsel before waiving that right at all.

The court then has to ask whether the juvenile already consulted with a lawyer before the hearing. If not, the court asks whether the juvenile wants to consult with counsel before deciding to waive. A juvenile who says no to both — no prior consultation and no interest in consulting now — can have the waiver accepted, but only if it otherwise complies with the separate statutory requirements for a valid waiver under Neb. Rev. Stat. § 43-3102. If the juvenile does want to consult with a lawyer first, the court has to recess or continue the proceeding for that limited purpose, appointing counsel if appropriate or otherwise arranging the chance to consult.

Frequently Asked Questions

When does this rule’s protection apply?

At the first appearance, when the petition alleges the juvenile falls within subdivision (1), (2), (3)(b), or (4) of Neb. Rev. Stat. § 43-247 and the juvenile appears without counsel or expresses a desire to waive the right to counsel.

What does the court have to explain to the juvenile?

That the juvenile has a right to consult with counsel before waiving the right to counsel.

What questions does the court ask the juvenile under this rule?

Whether the juvenile already consulted with counsel before the appearance, and if not, whether the juvenile wants to consult with counsel before waiving the right.

Can the court accept a waiver if the juvenile does not want to consult with a lawyer?

Yes, if the juvenile has not consulted with counsel and does not wish to, the court may accept the waiver, provided it otherwise complies with Neb. Rev. Stat. § 43-3102.

What happens if the juvenile wants to consult with a lawyer before deciding?

The court recesses or continues the proceeding for the limited purpose of that consultation, appointing counsel as provided by Neb. Rev. Stat. § 43-272 if appropriate, or otherwise providing the opportunity to consult.

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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