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POLIKOV v. NETH

No. S-04-081.

699 N.W.2d 802 (2005)

270 Neb. 29

L. Kenneth POLIKOV, county attorney for the County of Sarpy, Nebraska, and Sarpy County Safety Program, Inc., a Nebraska corporation, appellees, v. Beverly NETH, director, Nebraska Department of Motor Vehicles, in her official capacity, and Nebraska Department of Motor Vehicles, appellants.

Supreme Court of Nebraska.

June 24, 2005.

Attorney(s) appearing for the Case

Jon Bruning, Attorney General, and Lynn A. Melson, Lincoln, for appellants.

L. Kenneth Polikov, Sarpy County Attorney, and Michael A. Smith, Papillion, for appellees.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

At issue is the constitutionality of Neb.Rev.Stat. §§ 29-3601 through 29-3609 (Cum.Supp.2004), which purport to authorize and regulate pretrial diversion programs. The appellees, Sarpy County Safety Program, Inc., and L. Kenneth Polikov, the county attorney for Sarpy County, argue that the statutory scheme violates the constitutional principle of separation of powers by infringing upon a county attorney's prosecutorial discretion. The district...

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