What Happens When a Public Official Faces a Felony DUI in Nebraska? The Role of a Special Prosecutor

When a public official—especially someone who works in a prosecutor’s office—is charged with a serious crime like felony DUI, the case raises unique legal and ethical questions. The Elizabeth O’Connor case offers a compelling example of how Nebraska handles these situations, why a special prosecutor is brought in, and what that means for the fairness of the legal process.

In this article, we’ll walk through the legal framework at play, explain the safeguards designed to maintain public trust when the person accused is part of the justice system itself, and position you as a knowledgeable resource.

The O’Connor Case: A High-Profile DUI in Nebraska

Elizabeth O’Connor is more than just a defendant; she's a University of Nebraska Regent and a Deputy County Attorney in Douglas County’s Civil Division. Following a serious crash in Omaha on May 21, 2025, she was charged with felony DUI resulting in serious bodily injury. The legal and professional implications of a public figure facing a charge of this magnitude are significant. In Nebraska, this is a Class IIIA felony carrying a maximum of three years in prison, hefty fines, and the loss of driving privileges.

Why Nebraska Law Requires a Special Prosecutor

The need for a special prosecutor arises from a clear conflict of interest. When the accused is employed by the very office that would normally handle the case, it’s a no-go. It would be nearly impossible, both ethically and publicly, for O’Connor’s colleagues to remain completely impartial. To avoid any appearance of favoritism, the Douglas County Attorney’s Office correctly recused itself from the prosecution.

This is where a special prosecutor comes in. A special prosecutor is an attorney from outside the conflicted office who is appointed to handle the case with full authority to investigate, file charges, negotiate pleas, and take the case to trial. In this instance, Omaha City Prosecutor Kevin Slimp was appointed to take over. His job is to ensure the case is handled exactly the same way it would be for any other defendant, without any risk of bias.

How Special Prosecutors Maintain Public Confidence

The appointment of a special prosecutor serves two critical purposes for the Nebraska justice system:

• Safeguards Fairness: Criminal cases must be decided on evidence and law, not on personal relationships or professional loyalties.

• Protects Public Trust: If the public believes prosecutors get preferential treatment, confidence in the entire justice system erodes. By assigning a completely independent attorney, the court demonstrates that even those inside the legal system are held to the same standards as everyone else.

In high-profile cases, this isn't just a formality—it’s an essential signal that the system values transparency and accountability.

The Legal Stakes of a Felony DUI for a Public Official

Felony DUI charges are complicated enough, but they become even more so when the defendant holds public office. Under Nebraska Revised Statute § 60-6,198, a DUI that causes serious bodily injury is a felony, regardless of the person’s job. But for someone like a prosecutor or elected official, the fallout can extend beyond criminal penalties.

A conviction could lead to professional discipline, including suspension or even disbarment from the Nebraska State Bar. For elected officials, it could also trigger public calls for resignation or formal removal from office. The combination of criminal exposure, career consequences, and intense public scrutiny means these cases require a meticulous and impartial legal process. The use of a special prosecutor helps reinforce that point.

Frequently Asked Questions About Special Prosecutors in Nebraska

What exactly is a special prosecutor?

A special prosecutor is an attorney brought in from outside the conflicted office to handle a criminal case independently. Their purpose is to ensure impartiality and avoid any conflicts of interest that might exist within the original prosecuting office.

Who appoints a special prosecutor in Nebraska?

Typically, the prosecuting office identifies the conflict and recuses itself from the case. The court then officially appoints a special prosecutor, often a prosecutor from a neighboring jurisdiction, to ensure neutrality.

Does being a public official change the charges or penalties?

No. The charges and potential penalties for a crime like a felony DUI are based on Nebraska law, not the defendant’s job. However, public officials may face additional professional and political consequences, such as disciplinary action from the Nebraska State Bar or pressure to resign from their post.