[Rev. 11/21/2013 10:21:53 AM--2013]

CHAPTER 241A - ADVISORY COUNCIL FOR PROSECUTING ATTORNEYS

NRS 241A.010        Definitions.

NRS 241A.020        “Council” defined.

NRS 241A.030        “Prosecutor” defined.

NRS 241A.040        Creation; membership; election of officers; terms of members; vacancies; members serve without compensation; members holding public office or employed by governmental entity.

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

NRS 241A.060        Executive Director: Appointment; qualifications; duties.

NRS 241A.070        General duties of Council.

NRS 241A.080        Account for 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 otherwise requires, the words and terms defined in NRS 241A.020 and 241A.030 have the meanings ascribed to them in those sections.

      (Added to NRS by 1997, 3246)

      NRS 241A.020  “Council” defined.  “Council” means the Advisory Council for Prosecuting Attorneys.

      (Added to NRS by 1997, 3246)

      NRS 241A.030  “Prosecutor” defined.  “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 person employed by the Attorney General or a district attorney or city attorney.

      (Added to NRS by 1997, 3246)

      NRS 241A.040  Creation; membership; election of officers; terms of members; vacancies; members serve without compensation; members holding public office or employed 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 officio member of the Council;

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

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

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

Ę If the Nevada District Attorneys Association or Nevada League of Cities ceases to exist, the appointment required by this subsection must be made by its successor organization or, if there is no successor organization, by the Governor.

      2.  The members of the Council shall elect a Chair and Vice Chair by a majority vote. After the initial election, the Chair and Vice Chair shall hold office for a term of 1 year beginning on July 1 of each year. If a vacancy occurs in the office of Chair, the members of the Council shall elect a Chair from among its members for the remainder of the unexpired term.

      3.  After the initial terms, each member of the Council who is appointed serves for a term of 4 years unless a member vacates the public office which qualified the member for appointment to the Council. A member of the Council who vacates his or her public office continues to serve on the Council until the member’s replacement on the Council is appointed. A member may be reappointed.

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

      5.  Each member of the Council:

      (a) Serves without compensation; and

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

      6.  Each member of the Council who is an officer or employee of the State or a local government must be relieved from his or her duties without loss of his or her regular compensation so that the member may prepare for and attend meetings of the Council and perform any work necessary to carry out the duties of the Council in the most timely manner practicable. A state agency or local government shall not require an officer or employee who is a member of the Council to make up the time the member is absent from work to carry out his or her duties as a member, and shall not require the member to take annual vacation or compensatory time for the absence.

      (Added to NRS by 1997, 3247)

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

      1.  The members of the Council shall meet at least quarterly and at the times and places specified by a call of the Chair or a majority of the members of the Council.

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

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

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

      3.  The Attorney General may designate a representative to serve in his or her place on the Council or to attend a meeting of the Council in his or her 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, county ordinance or city charter, a member of the Council:

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

      (b) Does not forfeit any such public office or employment,

Ę because of his or her membership on the Council.

      (Added to NRS by 1997, 3247)

      NRS 241A.060  Executive Director: Appointment; qualifications; duties.

      1.  Upon the approval of all its members, the Council shall appoint an Executive Director. The Executive Director is in the unclassified 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 or her professional ability and experience in conducting or supervising criminal and civil prosecutions in this State; and

             (2) His or her understanding of criminal law, evidence and the rules and procedures of the courts of this State.

      2.  The Executive Director shall:

      (a) Carry out the policies of and duties assigned to the Executive Director by the Council;

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

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

      (Added to NRS by 1997, 3248)

      NRS 241A.070  General duties of Council.  The Council shall:

      1.  Develop and carry out a program for training and assisting prosecutors in conducting criminal and civil prosecutions in this State;

      2.  Coordinate the development of policies for conducting criminal and civil prosecutions in this State;

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

      4.  Authorize the payment of expenses incurred in carrying out the provisions of NRS 241A.010 to 241A.090, inclusive.

      (Added to NRS by 1997, 3248)

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

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

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

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

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

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

      4.  The money in the Account remains in the Account and does 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 and accept any gifts, grants, appropriations or donations to assist the Council in carrying out its duties pursuant to the provisions of NRS 241A.010 to 241A.090, inclusive.

      2.  Any money received by the Council must be deposited in the Account for the Advisory Council for Prosecuting Attorneys created pursuant to NRS 241A.080.

      (Added to NRS by 1997, 3248)