S-25-0601 State ex rel. Patrick F. Condon, Lancaster County Attorney (Relator) v. Jonathan M. Braaten (Respondent)
Original Action
Attorneys: Daniel J. Zieg (Chief Deputy County Attorney for Relator); Jonathan M. Braaten (Anderson, Creager & Wittstruck, P.C., LLO for Respondent, who waived filing a brief and oral argument in this matter); and Lincoln J. Korell (Asst. Solicitor General from the Nebraska Attorney General’s Office as amicus curiae)
Information for Quo Warranto
The Nebraska Supreme Court granted Relator leave to file an original action and an Information Quo Warranto. In this case, a juvenile court judge in the Separate Juvenile Court for Lancaster County determined that a conflict of interest existed for the Lancaster County Attorney’s Office and appointed a special prosecutor, Jonathan M. Braaten (Respondent). Daniel Zieg, Chief Deputy Lancaster County Attorney, has filed an Information Quo Warranto seeking ouster of Respondent Braaten as special prosecutor in that juvenile court case. Additionally, the Nebraska Supreme Court has ordered the parties to brief whether a conflict of interest exists under Neb. Ct. R. Prof. Cond. § 3-501.7 based only the filings, stipulated facts, and exhibits before the Supreme Court.
Issues: Relator raises the following issues: 1) The Separate Juvenile Court for Lancaster County erred by concluding the Relator and his office had a conflict of interest and ordering the Relator and his office removed from representing the State of Nebraska.