[Rev. 11/21/2013 10:25:58 AM--2013]

CHAPTER 252 - DISTRICT ATTORNEYS

NRS 252.010           Qualifications.

NRS 252.020           Election; term of office.

NRS 252.030           Bond.

NRS 252.050           Office; hours to remain open; exception; penalties; attendance at meetings of board of county commissioners and at county seat in certain counties.

NRS 252.060           Filling of vacancy in office; temporary disablement.

NRS 252.070           Deputies; clerical, investigational and operational staff.

NRS 252.080           Public prosecutor.

NRS 252.090           Attendance of courts in county.

NRS 252.100           Appointment of attorney if district attorney unable or fails to act; deduction from salary.

NRS 252.110           Duties.

NRS 252.120           District attorney or partner not to appear as or assist counsel against State or county; penalty.

NRS 252.130           Receipts for money or property received in official capacity.

NRS 252.140           Accounting and payment of money to county treasurer.

NRS 252.150           Action by county treasurer when district attorney fails to account.

NRS 252.155           Submission of reports to Legislative Commission. [Repealed.]

NRS 252.160           Rendition of legal opinions to county, township and district officers.

NRS 252.170           Attendance at certain meetings of board of county commissioners; duties.

NRS 252.180           Restrictions on presentation of claims against county.

NRS 252.190           Penalty for malfeasance in office or neglect of duty.

_________

 

      NRS 252.010  Qualifications.  No person shall be a candidate for or be eligible to the office of district attorney unless the person is:

      1.  A bona fide resident of the State of Nevada.

      2.  An attorney duly licensed and admitted to practice law in all the courts of this state.

      [Part 1:217:1909; A 1931, 9; 1931 NCL § 618]

      NRS 252.020  Election; term of office.

      1.  District attorneys shall be elected by the qualified electors of their respective counties.

      2.  District attorneys shall be chosen by the electors of their respective counties at the general election in 1922, and at the general election every 4 years thereafter, and shall enter upon the duties of their offices on the first Monday of January subsequent to their election.

      [Part 1:108:1866; B § 2599; BH § 1636; C § 1782; RL § 2765; NCL § 4765] + [Part 9:108:1866; B § 2607; BH § 1644; C § 1790; RL § 2773; NCL § 4773] + [Part 17:108:1866; A 1921, 96; NCL § 4781]

      NRS 252.030  Bond.  Unless a blanket fidelity bond is furnished by the county, before entering upon the duties of his or her office, the district attorney shall execute and file with the county clerk a bond to the county, conditioned for the faithful performance of his or her duties, the penalty of the bond to be fixed by the board of county commissioners.

      [2:125:1865; B § 2936; BH § 2105; C § 2297; RL § 1594; NCL § 2072]—(NRS A 1979, 289)

      NRS 252.050  Office; hours to remain open; exception; penalties; attendance at meetings of board of county commissioners and at county seat in certain counties.

      1.  Except as otherwise provided in subsections 4 and 5, each district attorney shall keep an office at the county seat of his or her county, which must be kept open at least from 9 a.m. to 12 m. and 1 p.m. to 5 p.m. on all days except Saturdays, Sundays and nonjudicial days. Notwithstanding the provisions of this section, the board of county commissioners of any county may, by an order regularly made and entered in the record of its proceedings, extend the days and hours during which the office of the district attorney must be kept open for the transaction of public business. The board of county commissioners may authorize the district attorney to rent, equip and operate, at public expense, one or more branch offices in the county.

      2.  In counties in which the county seat is not the principal center of population, the county commissioners may authorize the district attorney to rent, equip and operate, at public expense, a branch office at the county’s principal center of population. Except as otherwise provided in subsections 4 and 5, the branch office must be kept open for the transaction of public business on the days and during the hours specified in subsection 1, but the requirements thereof do not apply to a district attorney when called away from the branch office by official duties.

      3.  Except as otherwise provided in subsections 4 and 5, any district attorney violating the provisions of subsection 1 or 2 is guilty of a misdemeanor. If any district attorney is absent from his or her office, except:

      (a) When called away from his or her office by official duties;

      (b) When expressly permitted so to do by the board of county commissioners or a majority of the members thereof in writing; or

      (c) When the district attorney first makes provision to leave his or her office open for the transaction of public business on the days and during the hours prescribed in subsection 1 and in charge of a deputy qualified to act in his or her absence,

Ę there must be withheld from his or her monthly salary that proportion thereof as the number of days of the absence bears to the number of days of the month in which the absence occurs. This amount must be withheld from the salary of the district attorney for the next succeeding month by order of the board of county commissioners, but no order in the premises may be made without first giving the district attorney reasonable notice and an opportunity to appear before the board and defend the charge against him or her.

      4.  Any office of a district attorney may deviate from the hours of operation required pursuant to this section if the board of county commissioners approves the plan for the deviation submitted by the office. Except as otherwise provided in subsection 5, such a plan must be fiscally neutral or result in cost savings.

      5.  In a county whose population is less than 9,000, the board of county commissioners of the county may, by an order regularly made and entered into the record of its proceedings, reduce the days and hours during which the office of the district attorney must be kept open for the transaction of public business.

      [1.5:178:1907; added 1955, 6; A 1955, 471] + [2:178:1907; A 1945, 340; 1955, 6]—(NRS A 1963, 382; 1967, 271, 540; 1975, 85; 1985, 258; 2010, 26th Special Session, 51; 2011, 351, 2046)

      NRS 252.060  Filling of vacancy in office; temporary disablement.

      1.  If the district attorney dies, resigns, is removed, disappears or is permanently disabled from performing the duties of his or her office, the board of county commissioners shall appoint an interim or permanent replacement for the district attorney.

      2.  If the district attorney is temporarily disabled from performing the duties of his or her office:

      (a) The chief deputy district attorney shall perform the duties of the district attorney while the district attorney is disabled. The chief deputy is entitled to the chief deputy’s regular salary while engaged in the performance of those duties.

      (b) If there is no chief deputy, the board of county commissioners shall appoint an interim replacement for the district attorney.

      3.  A person appointed as an interim or permanent replacement for the district attorney pursuant to this section must be appointed at the first regularly scheduled meeting of the board of county commissioners following the event giving rise to the appointment. Any such event occurring within the time provided by NRS 241.020 for notice of the meeting is an emergency within the meaning of that section.

      4.  A person appointed as an interim replacement for the district attorney pursuant to this section:

      (a) Is entitled to receive the same salary as the district attorney.

      (b) Shall:

             (1) If he or she is appointed pursuant to subsection 1, serve for not more than 60 days or until a permanent replacement is appointed, whichever occurs first.

             (2) If he or she is appointed pursuant to subsection 2, serve for the duration of the disability of the district attorney or, if the district attorney resigns or is removed from office, for not more than 60 days after the resignation or removal or until a permanent replacement is appointed, whichever occurs first.

      (c) May engage in the private practice of law for not more than 60 days after his or her appointment, to the extent permitted by NRS 245.0435. The limitation of time provided by this paragraph does not apply in any county of class 6, as classified in the table of annual salaries contained in NRS 245.043.

      5.  The provisions of NRS 245.170 govern the appointment of a permanent replacement for the district attorney, the length of service of the appointee and the election of a successor.

      [16:125:1865; B § 2950; BH § 2118; C § 2310; RL § 1607; NCL § 2085]—(NRS A 1991, 103; 1995, 2520; 2013, 474)

      NRS 252.070  Deputies; clerical, investigational and operational staff.

      1.  All district attorneys may appoint deputies, who are authorized to transact all official business relating to those duties of the office set forth in NRS 252.080 and 252.090 to the same extent as their principals and perform such other duties as the district attorney may from time to time direct. The appointment of a deputy district attorney must not be construed to confer upon that deputy policymaking authority for the office of the district attorney or the county by which the deputy district attorney is employed.

      2.  District attorneys are responsible on their official bonds for all official malfeasance or nonfeasance of the deputies. Bonds for the faithful performance of their official duties may be required of deputies by district attorneys.

      3.  All appointments of deputies under the provisions of this section must be in writing and must, together with the oath of office of the deputies, be recorded in the office of the recorder of the county within which the district attorney legally holds and exercises his or her office. Revocations of those appointments must also be recorded as provided in this section. From the time of the recording of the appointments or revocations therein, persons shall be deemed to have notice of the appointments or revocations.

      4.  Deputy district attorneys of counties whose population is less than 100,000 may engage in the private practice of law. In any other county, except as otherwise provided in NRS 7.065 and this subsection, deputy district attorneys shall not engage in the private practice of law. An attorney appointed to prosecute a person for a limited duration with limited jurisdiction may engage in private practice which does not present a conflict with his or her appointment.

      5.  Any district attorney may, subject to the approval of the board of county commissioners, appoint such clerical, investigational and operational staff as the execution of duties and the operation of his or her office may require. The compensation of any person so appointed must be fixed by the board of county commissioners.

      6.  In a county whose population is 700,000 or more, deputies are governed by the merit personnel system of the county.

      [Part 1:101:1864; A 1905, 33; 1913, 108; 1919 RL § 2848; NCL § 4848] + [2:101:1864; B § 3068; BH § 2280; C § 2452; RL § 2849; NCL § 4849] + [3:101:1864; B § 3069; BH § 2281; C § 2453; RL § 2850; NCL § 4850]—(NRS A 1961, 215; 1969, 1465; 1973, 678; 1979, 523; 1985, 260; 1989, 203; 1993, 2088, 2259, 2529; 1995, 675; 2001, 1745; 2005, 682; 2011, 1128)

      NRS 252.080  Public prosecutor.  The district attorney in each county shall be public prosecutor therein.

      [3:125:1865; B § 2937; BH § 2106; C § 2298; RL § 1595; NCL § 2073]

      NRS 252.090  Attendance of courts in county.  The district attorney shall:

      1.  Attend the district courts held in his or her county, for the transaction of criminal business.

      2.  Attend justice courts in his or her county, when required by justices of the peace, and conduct all prosecutions on behalf of the people for public offenses.

      [5:125:1865; B § 2939; BH § 2108; C § 2299; RL § 1596; NCL § 2074]

      NRS 252.100  Appointment of attorney if district attorney unable or fails to act; deduction from salary.

      1.  If the district attorney fails to attend any session of the district court, or for any reason is disqualified from acting in any matter coming before the court, the court may appoint some other person to perform the duties of the district attorney, who is entitled to receive the same compensation and expenses from the county as provided in NRS 7.125 and 7.135 for an attorney who is appointed to represent a person charged with a crime.

      2.  If the district attorney willfully neglects to attend any session of the district court the amount so paid must be deducted by the board of county commissioners from the salary allowed to the district attorney.

      [6:125:1865; A 1889, 73; 1907, 25; RL § 1597; NCL § 2075]—(NRS A 1975, 1156; 1987, 1303)

      NRS 252.110  Duties.  The district attorney shall:

      1.  Draw all indictments, when required by the grand jury.

      2.  Defend all suits brought against his or her county.

      3.  Prosecute all recognizances forfeited in the district court and all actions for the recovery of debts, fines, penalties and forfeitures accruing to his or her county.

      4.  Except with respect to matters for which the board of trustees of the school district has employed private counsel, draw all legal papers, give his or her written opinion when required on matters relating to the duties of the board of trustees and transact the legal business of the school district whose boundaries are conterminous with the boundaries of his or her county, and perform such other legal duties as may be required of him or her by the board of trustees.

      5.  Bring all actions on behalf of the county for abatement of nuisances pursuant to order of the board of county commissioners or, in the discretion of the district attorney, pursuant to an ordinance of the county as provided by NRS 244.360, subsection 6, including actions for injunction, as well as for recovery of compensatory and exemplary damages and costs of suit.

      6.  Perform such other duties as may be required of him or her by law.

      [7:125:1865; A 1935, 19; 1956, 197]—(NRS A 1973, 216; 1979, 1640)

      NRS 252.120  District attorney or partner not to appear as or assist counsel against State or county; penalty.

      1.  No district attorney or partner thereof shall appear within his or her county as attorney in any criminal action, or directly or indirectly aid, counsel or assist in the defense in any criminal action, begun or prosecuted during his or her term; nor in any civil action begun or prosecuted during his or her term, in behalf of any person suing or sued by the State or any county thereof.

      2.  This section shall apply with equal effect to any and all partners of district attorneys.

      3.  A violation of this section shall be punished by a fine of not more than $1,000.

      [1:75:1887; C § 2315; RL § 1610; NCL § 2086] + [2:75:1887; C § 2316; RL § 1611; NCL § 2087] + [3:75:1887; C § 2317; RL § 1612; NCL § 2088]—(NRS A 1959, 121; 1963, 385; 1967, 541)

      NRS 252.130  Receipts for money or property received in official capacity.  When the district attorney receives money or property in his or her official capacity, the district attorney shall deliver a receipt therefor to the person from whom he or she receives it, and file a duplicate with the county auditor.

      [8:125:1865; B § 2942; BH § 2111; C § 2302; RL § 1599; NCL § 2077]

      NRS 252.140  Accounting and payment of money to county treasurer.  Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207 the district attorney shall, on or before the 5th working day of each month, file in the office of the county treasurer an account in writing, certified by oath, of all money received by the district attorney in his or her official capacity during the preceding month and shall, at the same time, pay that money to the county treasurer.

      [9:125:1865; B § 2943; BH § 2112; C § 2303; RL § 1600; NCL § 2078]—(NRS A 1959, 756; 1973, 1682; 1985, 1009)

      NRS 252.150  Action by county treasurer when district attorney fails to account.  For a failure to comply with the provisions of NRS 252.140, the county treasurer shall bring an action against the district attorney and his or her sureties for the recovery of all moneys in his or her hands not accounted for, and for 20 percent additional thereon.

      [10:125:1865; B § 2944; BH § 2113; C § 2304; RL § 1601; NCL § 2079]

      NRS 252.155  Submission of reports to Legislative Commission.  Repealed. (See chapter 337, Statutes of Nevada 2013, at page 1634.)

 

      NRS 252.160  Rendition of legal opinions to county, township and district officers.

      1.  Except as otherwise provided in this section, the district attorney shall, without fees, give his or her legal opinion to any assessor, collector, auditor or county treasurer, and to all other county, township or district officers within his or her county, in any matter relating to the duties of their respective offices.

      2.  The district attorney is not required to give his or her legal opinion on any question regarding which the district attorney requests an opinion from the Attorney General pursuant to NRS 375.0185.

      [11:125:1865; A 1887, 52; B § 2945; BH § 2114; C § 2305; RL § 1602; NCL § 2080]—(NRS A 2005, 2059)

      NRS 252.170  Attendance at certain meetings of board of county commissioners; duties.

      1.  The district attorney shall, when not in attendance at the sittings of the district court as criminal prosecutor, attend the meetings of the board of county commissioners. When attending meetings of the board of county commissioners relating to the auditing of accounts and claims brought against the county, the district attorney shall oppose such accounts or claims as the district attorney deems appropriate.

      2.  Additional duties of the district attorney include, without limitation:

      (a) Reviewing all contracts under consideration by the board of county commissioners;

      (b) Drafting ordinances and amendments thereto;

      (c) Providing advice relating to the interpretation or application of county ordinances;

      (d) Providing advice relating to the impact of federal or state law on the county;

      (e) Drawing all legal papers on behalf of the board of county commissioners; and

      (f) At all times, giving his or her advice, including written legal opinions, when required, to the members of the board of county commissioners upon matters relating to their duties.

      [13:125:1865; B § 2947; BH § 2116; C § 2307; RL § 1604; NCL § 2082]—(NRS A 2011, 353)

      NRS 252.180  Restrictions on presentation of claims against county.  No district attorney, except for his or her own services, shall be allowed to present any claim, account or demand, for allowance, against his or her own county, or in any way to advocate the relief asked on the claim or demand made by another.

      [14:125:1865; B § 2948; BH § 2117; C § 2308; RL § 1605; NCL § 2083]

      NRS 252.190  Penalty for malfeasance in office or neglect of duty.  The district attorney may be prosecuted for malfeasance in office, or neglect of duty, and shall be punished for a gross misdemeanor and as provided in NRS 197.230.

      [15:125:1865; B § 2949; BH § 2118; C § 2309; RL § 1606; NCL § 2084]—(NRS A 1959, 121; 1967, 542)