2005 Nevada Revised Statutes - Chapter 241A — Advisory Council for Prosecuting Attorneys

CHAPTER 241A - ADVISORY COUNCIL FORPROSECUTING ATTORNEYS

NRS 241A.010 Definitions.

NRS 241A.020 Councildefined.

NRS 241A.030 Prosecutordefined.

NRS 241A.040 Creation;membership; election of Chairman and Vice Chairman; terms of members;vacancies; members serve without compensation; members holding public office oremployed by governmental entity.

NRS 241A.050 Meetings;designation of representative; quorum; effect of membership upon holding publicoffice or public employment.

NRS 241A.060 ExecutiveDirector: Appointment; qualifications; duties.

NRS 241A.070 Generalduties of Council.

NRS 241A.080 Accountfor Advisory Council for Prosecuting Attorneys: Creation; use.

NRS 241A.090 Gifts,grants, appropriations or donations; deposit of money in designated Account.

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NRS 241A.010 Definitions. As used in this chapter, unless the context otherwiserequires, the words and terms defined in NRS241A.020 and 241A.030 have themeanings ascribed to them in those sections.

(Added to NRS by 1997, 3246)

NRS 241A.020 Councildefined. Council means the Advisory Councilfor Prosecuting Attorneys.

(Added to NRS by 1997, 3246)

NRS 241A.030 Prosecutordefined. Prosecutor means:

1. The Attorney General;

2. The district attorney of a county;

3. The city attorney of an incorporated city; or

4. Any deputy attorney or other attorney or personemployed by the Attorney General or a district attorney or city attorney.

(Added to NRS by 1997, 3246)

NRS 241A.040 Creation;membership; election of Chairman and Vice Chairman; terms of members;vacancies; members serve without compensation; members holding public office oremployed by governmental entity.

1. The Advisory Council for Prosecuting Attorneys,consisting of seven members, is hereby created. The Council consists of:

(a) The Attorney General who serves as an ex officiomember of the Council;

(b) Three members who are district attorneys appointedby the governing body of the Nevada District Attorneys Association;

(c) Two members who are city attorneys of incorporatedcities appointed by the governing body of the Nevada League of Cities; and

(d) One member who is employed as a peace officer by alaw enforcement agency in this state appointed by the Governor.

If theNevada District Attorneys Association or Nevada League of Cities ceases toexist, the appointment required by this subsection must be made by itssuccessor organization or, if there is no successor organization, by theGovernor.

2. The members of the Council shall elect a Chairmanand Vice Chairman by a majority vote. After the initial election, the Chairmanand Vice Chairman shall hold office for a term of 1 year beginning on July 1 ofeach year. If a vacancy occurs in the chairmanship, the members of the Councilshall elect a Chairman from among its members for the remainder of theunexpired term.

3. After the initial terms, each member of the Councilwho is appointed serves for a term of 4 years unless a member vacates the publicoffice which qualified him for appointment to the Council. A member of theCouncil who vacates his public office continues to serve on the Council untilhis replacement on the Council is appointed. A member may be reappointed.

4. A vacancy on the Council must be filled in the samemanner as the original appointment.

5. Each member of the Council:

(a) Serves without compensation; and

(b) While engaged in the business of the Council, isentitled to receive the per diem allowance and travel expenses provided forstate officers and employees generally.

6. Each member of the Council who is an officer oremployee of the State or a local government must be relieved from his dutieswithout loss of his regular compensation so that he may prepare for and attendmeetings of the Council and perform any work necessary to carry out the dutiesof the Council in the most timely manner practicable. A state agency or localgovernment shall not require an officer or employee who is a member of theCouncil to make up the time he is absent from work to carry out his duties as amember, and shall not require the member to take annual vacation orcompensatory time for the absence.

(Added to NRS by 1997, 3247)

NRS 241A.050 Meetings;designation of representative; quorum; effect of membership upon holding publicoffice or public employment.

1. The members of the Council shall meet at leastquarterly and at the times and places specified by a call of the Chairman or amajority of the members of the Council.

2. Except as otherwise provided in subsection 3, amember of the Council may designate in writing a person to represent him at ameeting of the Council. A representative designated pursuant to this subsectionwho attends the meeting of the Council for which he is designated:

(a) Shall be deemed to be a member of the Council forthe purpose of determining a quorum at the meeting; and

(b) May vote on any matter which is voted on by theregular members of the committee at the meeting.

3. The Attorney General may designate a representativeto serve in his place on the Council or to attend a meeting of the Council inhis place.

4. Four members of the Council constitute a quorum,and a quorum may exercise all the power and authority conferred on the Council.

5. Notwithstanding any other provision of law, countyordinance or city charter, a member of the Council:

(a) Is not disqualified from holding a public office orfrom public employment; and

(b) Does not forfeit any such public office oremployment,

because ofhis membership on the Council.

(Added to NRS by 1997, 3247)

NRS 241A.060 ExecutiveDirector: Appointment; qualifications; duties.

1. Upon the approval of all its members, the Councilshall appoint an Executive Director. The Executive Director is in theunclassified service of the State and serves at the pleasure of the Council.The Executive Director must be:

(a) An attorney licensed to practice law in this state;and

(b) Appointed on the basis of:

(1) His professional ability and experience inconducting or supervising criminal and civil prosecutions in this state; and

(2) His understanding of criminal law, evidenceand the rules and procedures of the courts of this state.

2. The Executive Director shall:

(a) Carry out the policies of and duties assigned tohim by the Council;

(b) Prepare and administer the budget of the Council;and

(c) Act as the nonvoting recording Secretary for theCouncil.

(Added to NRS by 1997, 3248)

NRS 241A.070 Generalduties of Council. The Council shall:

1. Develop and carry out a program for training andassisting prosecutors in conducting criminal and civil prosecutions in thisstate;

2. Coordinate the development of policies forconducting criminal and civil prosecutions in this state;

3. Coordinate the development of proposed legislationfor submission to the Legislature; and

4. Authorize the payment of expenses incurred incarrying out the provisions of NRS241A.010 to 241A.090, inclusive.

(Added to NRS by 1997, 3248)

NRS 241A.080 Accountfor Advisory Council for Prosecuting Attorneys: Creation; use.

1. The account for the Advisory Council forProsecuting Attorneys is hereby created in the State General Fund. The Councilshall administer the Account.

2. The money in the Account must only be used to carryout the provisions of NRS 241A.010 to 241A.090, inclusive, and pay the expensesincurred by the Council in the discharge of its duties, including:

(a) The payment of expenses for the preparation ofmotions and briefs and for clerical or legal assistance that is provided to aprosecutor for a criminal or civil prosecution in this state; and

(b) Reimbursement for any extraordinary orunanticipated expenses incurred by a prosecutor as a result of conducting acriminal or civil prosecution in this state, including any expenses related tothe appointment of a special prosecutor for that prosecution.

3. All claims against the Account must be paid asother claims against the State are paid.

4. The money in the Account remains in the Account anddoes not revert to the State General Fund at the end of any fiscal year.

(Added to NRS by 1997, 3248)

NRS 241A.090 Gifts,grants, appropriations or donations; deposit of money in designated Account.

1. The Council may apply for any available grants andaccept any gifts, grants, appropriations or donations to assist the Council incarrying out its duties pursuant to the provisions of NRS 241A.010 to 241A.090, inclusive.

2. Any money received by the Council must be depositedin the Account for the Advisory Council for Prosecuting Attorneys created pursuantto NRS 241A.080.

(Added to NRS by 1997, 3248)

 

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