Shelton-based attorney Tana Fye is now Seward County’s contracted public defender.
Fye’s three-year contract was approved by the Seward County Commissioners in January and she has opened a Seward office at 612 Seward St. – though the law firm’s sign will not be on the window until the weather is warm enough for the adhesive to work.
She began working with Seward County Court and Seward County District Court cases Feb. 1.
“I am really excited for the opportunity that the county board has given me to serve in this role,” Fye said.
She is a South Dakota native with a juris doctorate, master’s in public administration, and bachelor of arts degrees from the University of South Dakota. She first practiced law in Rapid City, was based out of Holdredge for a time, and recently moved the FGH Law Office LLC headquarters to Shelton.
The opportunity in Seward County came along as she and her law partners were deciding the kinds of law cases they want to pursue. The public defender role is a good fit, she said.
Fye previously served as public defender in Buffalo County and has a commitment to providing legal services in rural areas.
She is co-chair of the Nebraska Bar Association’s Rural Practice Section, as well as being a member of the Legal Services Committee and Juvenile Law Section.
“I wanted to be an attorney since I was a kid. I wanted to be able to help people,” Fye said.
Her practice focuses on criminal defense and juvenile law, including cases in which people are facing misdemeanor, felony, juvenile delinquent, juvenile abuse or neglect, mental health board committals, and child support and civil contempt situations.
“Those are the opportunities I have to help people when they are at their lowest and most vulnerable point,” Fye said. “People who are charged with a crime and having the possibility of going to jail are entitled to an attorney.”
Though charges may be similar from case to case, Fye said every case is original and unique.
She works with her clients to assure they have all the information they need from the county attorney and from law enforcement, and identifies the potential legal issues in their cases.
“I tell my clients I make recommendations. You make decisions,” Fye said. “We try to give our clients as much time as they need to know what their options are, what they would like to see as the outcome of their case.”
Fye’s Seward office will be open on Wednesdays, which is when the county court is in session, and at other times during the week by appointment.
Her law partner, Leah Gleason, is serving as deputy Seward County public defender. She also handles family law cases.
Law partner Michael J. Henry may also have cases in Seward. He specializes in estate planning, probate, contract review, and other legal matters.
The Seward County public defender’s role has been vacant since 2022 and was transitioned from an elected position to a contracted position over the past year because the county could not find an attorney to appoint. The county had to wait until the vacated four-year term of the attorney elected in 2020 expired to change to the contracted position.
In the interim, staff members in the court offices have had to coordinate legal services for those cases requiring a public defender.
Seward County District Court Clerk Sheila Lueders said in recent months she and others had to work through a list of possible attorneys to be assigned public defender cases. Having a designated public defender will save them the time of calling and emailing.
The county and district court staff have had a chance to meet Fye and brief her on their courts’ procedures.
“She seems like she is going to fit in,” Lueders said. “We are optimistic that it is going to be smooth.”
The Seward County Commissioners created a Public Defender Policy Board to outline contract stipulations and the public defender’s role. It included retired Seward County public defender Dave Kimble, and two attorneys with current public defense experience, Lee Timan of Beatrice, and Scott Gropp of Wilber.
The draft contract called for an annual payment of $125,000 for the public defender’s services.
Among the specific duties outlined in the contract are providing counsel as assigned by the court for indigent clients in criminal, mental health, extradition, civil contempt, and juvenile cases. It caps the number of cases the defender is assigned at any given time at 35 open felony cases, six mental health board cases, and five open civil contempt cases. It excludes the provision of counsel for first- or second-degree murder cases.
