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STATE EX REL. GARVEY v. COUNTY BD. OF COM'RS

No. S-97-148.

573 N.W.2d 747 (1998)

253 Neb. 694

STATE of Nebraska ex rel. Thomas J. GARVEY, Public Defender of Sarpy County, Nebraska, Appellee, v. COUNTY BOARD OF COMMISSIONERS OF SARPY COUNTY, Nebraska, Appellant.

Supreme Court of Nebraska.

January 2, 1998.

Attorney(s) appearing for the Case

Michael L. Munch, Sarpy County Attorney, and Michael A. Smith for appellant.

Eugene L. Hillman and Patricia McCormack, of McCormack, Cooney, Hillman & Elder, Omaha, for appellee.

Dennis R. Keefe for amici curiae Nebraska Criminal Defense Attorneys Association, National Association of Criminal Defense Lawyers, National Legal Aid & Defender Association, Lancaster County Public Defender, and Douglas County Public Defender.

WHITE, C.J., and CAPORALE, WRIGHT, CONNOLLY, GERRARD, and STEPHAN, JJ.

CONNOLLY, Justice.

This appeal presents the question, How much discretion does a county board have in reducing or disapproving a public defender's budget request? The elected public defender of Sarpy County brought an action seeking a writ of mandamus after his budget request seeking appropriations for additional staff was reduced by the Sarpy County Board of Commissioners. The district court for Sarpy County granted the writ of mandamus, and the county board appeals...

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