Limited Appearance by Attorney in Criminal Cases Prohibited if Represented

Andrey Burmakin – Fotolia

The Nebraska Supreme Court recently held that the district court did not err by prohibiting a private attorney from entering a limited appearance on behalf of a defendant in a criminal case while the defendant is represented by another counsel.

In State v. Dixon, 286 Neb. 157 (2013), the defendant was determined to be indigent and was provided a public defender. Meanwhile, the defendant tried to hire a private attorney, who entered a “limited appearance” in the case because his full fee could not be paid by the defendant.

A limited appearance is an attorney’s ability to represent a client in a limited capacity. For instance, some attorneys will represent a party on a hearing to dismiss a case and if there isn’t success, the attorney can decide to withdraw any further appearance and representation of the client or continue the representation. Limited appearance is a good thing for people who need legal help, but cannot afford to pay an attorney the full requested fee.

In this case, the attorney filed a limited appearance for the purpose of resolving the case without trial or complex hearings. The District Court denied the private attorney’s limited appearance because Nebraska Court Rules only allow a limited appearance if the party is not represented by counsel. Since the defendant had a public defender, the District Court determined the limited appearance could not be approved.

The Defendant appealed stating that her Sixth Amendment right to counsel was violated. The Nebraska Supreme Court held that the 6th Amendment to the U.S. Constitution guaranteed a right to assistance of counsel for indigent (poor) criminal defendants, but it does not provide a right for counsel of the indigent defendant’s own choosing.

Do you have a criminal case you believe should be appealed due to errors at the trial court level? Contact me and we can discuss your situation.