Opinion No. (1980)

REQUESTED BY: William L. Howland, Dawes County Attorney. Does LB 628 which increases the jailer fee during the current term of county sheriff violate the provisions of the Constitution against increasing compensation of public officers during their term?

No.

The jailer fee has been a subject of controversy in the State of Nebraska for a number of years.

In the early case of Dunkel v. Hall County, 89 Neb. 585 (1911), the Sheriff of Hall County filed with the county board a claim for services as jailer at the rate of $1.50 per day, the amount allowed by the fee statute to the sheriff as jailer.…