2005 Nevada Revised Statutes - Chapter 260 — County Public Defenders

CHAPTER 260 - COUNTY PUBLIC DEFENDERS

NRS 260.010 Creationof office by ordinance; restrictions on creation; appointment; term of office.

NRS 260.020 Jointaction to establish office.

NRS 260.030 Qualifications;representation of indigent person charged with public offense.

NRS 260.040 Compensation;deputies and employees; private practice of law limited; expenses; deputies incertain counties governed by merit personnel system.

NRS 260.050 Interviewwith and representation of indigent person.

NRS 260.060 Magistrateor district court may appoint and compensate other defense counsel.

NRS 260.065 Countymay contract for services of State Public Defender.

NRS 260.070 Annualreports.

NRS 260.075 Reportsto Legislative Commission.

NRS 260.080 Constructionof chapter.

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NRS 260.010 Creationof office by ordinance; restrictions on creation; appointment; term of office.

1. In counties whose population is 100,000 or more,the boards of county commissioners shall create by ordinance the office ofpublic defender.

2. Except as otherwise provided by subsection 4, incounties whose population is less than 100,000, boards of county commissionersmay in their respective counties create by ordinance, at the beginning of afiscal year, the office of public defender.

3. Except as otherwise provided in subsection 4, if aboard of county commissioners intends to create the office of county publicdefender, the board shall notify the State Public Defender in writing on orbefore March 1 of any odd-numbered year and the office may not be createdbefore July 1 of the same year in which the notice was given.

4. If the county contribution approved by theLegislature exceeds the estimate provided to the county on December 1 by morethan 10 percent for either year of the biennium, the board of countycommissioners may create the office of county public defender on July 1 of thenext even-numbered year if the board notifies the State Public Defender on orbefore March 1 of the same year in which the office is to be created.

5. The office of public defender when created must befilled by appointment by the board of county commissioners.

6. The public defender serves at the pleasure of theboard of county commissioners.

(Added to NRS by 1965, 597; A 1969, 1475, 1545; 1979,525; 1989, 1646; 1991, 994; 1995, 499)

NRS 260.020 Jointaction to establish office. A county may joinwith one or more other counties to establish one office of public defender toserve those counties.

(Added to NRS by 1965, 597)

NRS 260.030 Qualifications;representation of indigent person charged with public offense.

1. The public defender shall be a qualified attorneylicensed to practice in this state.

2. The public defender shall, when designated pursuantto NRS 171.188, represent, withoutcharge, each indigent person who is under arrest and held for a public offense.

(Added to NRS by 1965, 597; A 1967, 1471; 1969, 479;1973, 358)

NRS 260.040 Compensation;deputies and employees; private practice of law limited; expenses; deputies incertain counties governed by merit personnel system.

1. The compensation of the public defender must befixed by the board of county commissioners. The public defender of any two ormore counties must be compensated and be permitted private civil practice ofthe law as determined by the boards of county commissioners of those counties,subject to the provisions of subsection 4 of this section and NRS 7.065.

2. The public defender may appoint as many deputies orassistant attorneys, clerks, investigators, stenographers and other employeesas he considers necessary to enable him to carry out his responsibilities, withthe approval of the board of county commissioners. An assistant attorney mustbe a qualified attorney licensed to practice in this State and may be placed ona part-time or full-time basis. The appointment of a deputy, assistant attorneyor other employee pursuant to this subsection must not be construed to conferupon that deputy, assistant attorney or other employee policymaking authorityfor the office of the public defender or the county or counties by which thedeputy, assistant attorney or other employee is employed.

3. The compensation of persons appointed undersubsection 2 must be fixed by the board of county commissioners of the countyor counties so served.

4. The public defender and his deputies and assistantattorneys in a county whose population is less than 100,000 may engage in theprivate practice of law. Except as otherwise provided in this subsection, inany other county, the public defender and his deputies and assistant attorneysshall not engage in the private practice of law except as otherwise provided inNRS 7.065. An attorney appointed todefend a person for a limited duration with limited jurisdiction may engage inprivate practice which does not present a conflict with his appointment.

5. The board of county commissioners shall provideoffice space, furniture, equipment and supplies for the use of the publicdefender suitable for the conduct of the business of his office. However, theboard of county commissioners may provide for an allowance in place offacilities. Each of those items is a charge against the county in which publicdefender services are rendered. If the public defender serves more than onecounty, expenses that are properly allocable to the business of more than oneof those counties must be prorated among the counties concerned.

6. In a county whose population is 400,000 or more,deputies are governed by the merit personnel system of the county.

(Added to NRS by 1965, 597; A 1973, 678; 1979, 525;1989, 203; 1993, 2260; 1999,161; 2005, 684)

NRS 260.050 Interviewwith and representation of indigent person.

1. The public defender may, before being designated ascounsel for that person pursuant to NRS171.188, interview an indigent person when he has been arrested andconfined for a public offense or for questioning on suspicion of having committeda public offense.

2. The public defender shall, when designated pursuantto NRS 62D.030, 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 publicdefender shall:

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

(b) Prosecute, subject to the provisions of subsection4 of NRS 180.060, any appeals or otherremedies before or after conviction that he considers to be in the interests ofjustice.

(Added to NRS by 1965, 598; A 1967, 1471; 1969, 479;1971, 1412; 1973, 358; 1975, 42; 1977, 339; 1985, 1400; 2003, 1130)

NRS 260.060 Magistrateor district court may appoint and compensate other defense counsel. For cause, the magistrate or district court may, on itsown motion or upon motion of the public defender or the indigent person, appointand compensate out of county funds an attorney other than, or in addition to,the public defender to represent such indigent person at any stage of theproceedings or on appeal in accordance with the laws of this state pertainingto the appointment of counsel to represent indigent criminal defendants.

(Added to NRS by 1965, 598; A 1969, 479)

NRS 260.065 Countymay contract for services of State Public Defender. Anycounty in which the office of public defender has been created may contract forthe services of the State Public Defender in providing representation forindigent persons when the court, for cause, disqualifies the county publicdefender or when the county public defender is otherwise unable to providerepresentation.

(Added to NRS by 1977, 338)

NRS 260.070 Annualreports. The public defender shall make anannual report to the board of county commissioners covering all cases handledby his office during the preceding year.

(Added to NRS by 1965, 598)

NRS 260.075 Reportsto Legislative Commission. The public defendershall submit such reports to the Legislative Commission as the regulations ofthe Commission require.

(Added to NRS by 1977, 331)

NRS 260.080 Constructionof chapter. Nothing in this chapter shall beconstrued to interfere in any way with the manner in which the several countiesand district courts deal with indigent defendants, if the provisions of thischapter are not applicable.

(Added to NRS by 1965, 598)

 

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