2005 Nevada Revised Statutes - Chapter 180 — State Public Defender

CHAPTER 180 - STATE PUBLIC DEFENDER

NRS 180.010 Officecreated; term; qualifications; private practice of law prohibited; supervision;assignment of additional duties.

NRS 180.030 Employmentof deputies and other employees; qualifications of deputies.

NRS 180.040 Office;branch offices.

NRS 180.050 Contractsfor legal services.

NRS 180.060 Duties:Representation of indigent persons; contracts to render services.

NRS 180.070 Reportsfrom other attorneys appointed to represent indigents required. [Repealed.]

NRS 180.080 Duties:Reports to Governor, participating counties and Legislative Commission.

NRS 180.090 Application.

NRS 180.100 Otherprotections and sanctions not excluded.

NRS 180.110 Collectionof charges to counties for services.

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NRS 180.010 Officecreated; term; qualifications; private practice of law prohibited; supervision;assignment of additional duties.

1. The Office of State Public Defender is herebycreated within the Department of Health and Human Services.

2. The Governor shall appoint the State PublicDefender for a term of 4 years, and until a successor is appointed andqualified.

3. The State Public Defender:

(a) Must be an attorney licensed to practice law in theState of Nevada.

(b) Is in the unclassified service of the State.

(c) Except as otherwise provided in NRS 7.065, shall not engage in the privatepractice of law.

4. No officer or agency of the State, other than theGovernor and the Director of the Department of Health and Human Services, maysupervise the State Public Defender. No officer or agency of the State, otherthan the Governor, may assign the State Public Defender duties in addition tothose prescribed by this chapter.

(Added to NRS by 1971, 1410; A 1973, 707; 1977, 1176;1989, 202; 1993, 1518)

NRS 180.030 Employmentof deputies and other employees; qualifications of deputies.

1. The State Public Defender may employ:

(a) Deputy state public defenders in the unclassifiedservice of the State.

(b) Clerical, investigative and other necessary staffin the classified service of the State.

2. Each deputy state public defender must be anattorney licensed to practice law in the State of Nevada, and shall not engagein the practice of law, except in performing the duties of his office and asotherwise provided in NRS 7.065.

(Added to NRS by 1971, 1411; A 1977, 159; 1981, 1270;1985, 394; 1989, 202)

NRS 180.040 Office;branch offices.

1. The Office of the State Public Defender shall be inCarson City, Nevada, and the Buildings and Grounds Division of the Departmentof Administration shall provide necessary office space.

2. The State Public Defender may establish branchoffices necessary to perform his duties. He shall designate a deputy statepublic defender to supervise each such office.

(Added to NRS by 1971, 1411)

NRS 180.050 Contractsfor legal services.

1. The State Public Defender may contract withattorneys licensed to practice law in the State of Nevada and with county publicdefenders to provide services required by this chapter if it is impracticablefor him or his deputies to provide such services for any reason.

2. All such contract services shall be performed underthe supervision and control of the State Public Defender.

(Added to NRS by 1971, 1411; A 1973, 706)

NRS 180.060 Duties:Representation of indigent persons; contracts to render services.

1. The State Public Defender may, before beingdesignated as counsel for that person pursuant to NRS 171.188, interview an indigent personwhen he has been arrested and confined for a public offense or for questioningon suspicion of having committed a public offense.

2. The State Public Defender shall, when designatedpursuant to NRS 62D.030, 62D.100, 171.188 or 432B.420, and within the limits ofavailable money, represent without charge each indigent person for whom he isappointed.

3. When representing an indigent person, the StatePublic Defender shall:

(a) Counsel and defend him at every stage of theproceedings, including revocation of probation or parole; and

(b) Prosecute any appeals or other remedies before orafter conviction that he considers to be in the interests of justice.

4. In cases of postconviction proceedings and appealsarising in counties in which the office of public defender has been createdpursuant to the provisions of chapter 260 ofNRS, where the matter is to be presented to the Supreme Court, the State PublicDefender shall prepare and present the case and the public defender of thecounty shall assist and cooperate with the State Public Defender.

5. The State Public Defender may contract with anycounty in which the office of public defender has been created to providerepresentation for indigent persons when the court, for cause, disqualifies thecounty public defender or when the county public defender is otherwise unableto provide representation.

(Added to NRS by 1971, 1411; A 1973, 358; 1975, 41;1977, 338; 1985, 1398; 2003,1124)

NRS 180.070 Reportsfrom other attorneys appointed to represent indigents required. Repealed. (See chapter 3, Statutes of Nevada 2005, atpage 3.)

 

NRS 180.080 Duties:Reports to Governor, participating counties and Legislative Commission.

1. The State Public Defender shall submit:

(a) A report on or before December 1 of each year tothe Governor and to each participating county containing a statement of:

(1) The number of cases that are pending in eachparticipating county;

(2) The number of cases in each participatingcounty that were closed in the previous fiscal year;

(3) The total number of criminal defendantsrepresented in each participating county with separate categories specifyingthe crimes charged and whether the defendant was less than 18 years of age oran adult;

(4) The total number of working hours spent bythe State Public Defender and his staff on work for each participating county;and

(5) The amount and categories of the expendituresmade by his office.

(b) To each participating county, on or before December1 of each even-numbered year, the total proposed budget of the State PublicDefender for that county, including the projected number of cases and theprojected cost of services attributed to the county for the next biennium.

(c) Such reports to the Legislative Commission as theregulations of the Commission require.

2. As used in this section, participating countymeans each county in which the office of public defender has not been createdpursuant to NRS 260.010.

(Added to NRS by 1971, 1412; A 1977, 331; 1995, 498)

NRS 180.090 Application. Except as provided in subsections 4 and 5 of NRS 180.060, the provisions of this chapterapply only to counties in which the office of public defender has not beencreated pursuant to the provisions of chapter 260of NRS.

(Added to NRS by 1971, 1412; A 1975, 42; 1977, 338)

NRS 180.100 Otherprotections and sanctions not excluded. Theprovisions of this chapter do not exclude any protection or sanction that thelaw otherwise provides.

(Added to NRS by 1971, 1412)

NRS 180.110 Collectionof charges to counties for services.

1. Each fiscal year the State Public Defender maycollect from the counties amounts which do not exceed those authorized by theLegislature for use of his services during that year.

2. The State Public Defender shall submit to thecounty an estimate on or before the first day of May and that estimate becomesthe final bill unless the county is notified of a change within 2 weeks afterthe date on which the county contribution is approved by the Legislature. Thecounty shall pay the bill:

(a) In full within 30 days after the estimate becomesthe final bill or the county receives the revised estimate; or

(b) In equal quarterly installments on or before the1st day of July, October, January and April, respectively.

The countiesshall pay their respective amounts to the State Public Defender who shalldeposit the amounts with the Treasurer of the State of Nevada and shall expendthe money in accordance with his approved budget.

(Added to NRS by 1973, 719; A 1975, 714; 1977, 309;1983, 528; 1991, 995)

 

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