[Rev. 11/21/2013 9:58:53 AM--2013]

CHAPTER 180 - STATE PUBLIC DEFENDER

NRS 180.010†††††††††† Office created; term; qualifications; private practice of law prohibited; supervision; assignment of additional duties.

NRS 180.030†††††††††† Employment of deputies and other employees; qualifications of deputies.

NRS 180.040†††††††††† Office; branch offices.

NRS 180.050†††††††††† Contracts for legal services.

NRS 180.060†††††††††† Duties: Representation of indigent persons; contracts to render services. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

NRS 180.060†††††††††† Duties: Representation of indigent persons; contracts to render services. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

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

NRS 180.090†††††††††† Application.

NRS 180.100†††††††††† Other protections and sanctions not excluded.

NRS 180.110†††††††††† Collection of charges to counties for services.

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††††† NRS 180.010  Office created; term; qualifications; private practice of law prohibited; supervision; assignment of additional duties.

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

††††† 2.  The Governor shall appoint the State Public Defender for a term of 4 years, and until a successor is appointed and qualified.

††††† 3.  The State Public Defender:

††††† (a) Must be an attorney licensed to practice law in the State 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 private practice of law.

††††† 4.  No officer or agency of the State, other than the Governor and the Director of the Department of Health and Human Services, may supervise the State Public Defender. No officer or agency of the State, other than the Governor, may assign the State Public Defender duties in addition to those prescribed by this chapter.

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

††††† NRS 180.030  Employment of deputies and other employees; qualifications of deputies.

††††† 1.  The State Public Defender may employ:

††††† (a) Deputy state public defenders in the unclassified service of the State.

††††† (b) Clerical, investigative and other necessary staff in the classified service of the State.

††††† 2.  Each deputy state public defender must be an attorney licensed to practice law in the State of Nevada, and shall not engage in the practice of law, except in performing the duties of office and as otherwise 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 in Carson City, Nevada, and the Buildings and Grounds Section of the State Public Works Division of the Department of Administration shall provide necessary office space.

††††† 2.  The State Public Defender may establish branch offices necessary to perform the State Public Defenderís duties. The State Public Defender shall designate a deputy state public defender to supervise each such office.

††††† (Added to NRS by 1971, 1411)

††††† NRS 180.050  Contracts for legal services.

††††† 1.  The State Public Defender may contract with attorneys licensed to practice law in the State of Nevada and with county public defenders to provide services required by this chapter if it is impracticable for the State Public Defender or the State Public Defenderís deputies to provide such services for any reason.

††††† 2.  All such contract services shall be performed under the 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. [Effective through December 31, 2014, and after that date unless the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

††††† 1.  The State Public Defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when the indigent person has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

††††† 2.  The State Public Defender shall, when designated pursuant to NRS 62D.030, 62D.100, 171.188 or 432B.420, and within the limits of available money, represent without charge each indigent person for whom the State Public Defender is appointed.

††††† 3.  When representing an indigent person, the State Public Defender shall:

††††† (a) Counsel and defend the indigent person at every stage of the proceedings, including revocation of probation or parole; and

††††† (b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.

††††† 4.  In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the Supreme Court, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

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

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

††††† NRS 180.060  Duties: Representation of indigent persons; contracts to render services. [Effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election.]

††††† 1.  The State Public Defender may, before being designated as counsel for that person pursuant to NRS 171.188, interview an indigent person when the indigent person has been arrested and confined for a public offense or for questioning on suspicion of having committed a public offense.

††††† 2.  The State Public Defender shall, when designated pursuant to NRS 62D.030, 62D.100, 171.188 or 432B.420, and within the limits of available money, represent without charge each indigent person for whom the State Public Defender is appointed.

††††† 3.  When representing an indigent person, the State Public Defender shall:

††††† (a) Counsel and defend the indigent person at every stage of the proceedings, including revocation of probation or parole; and

††††† (b) Prosecute any appeals or other remedies before or after conviction that the State Public Defender considers to be in the interests of justice.

††††† 4.  In cases of postconviction proceedings and appeals arising in counties in which the office of public defender has been created pursuant to the provisions of chapter 260 of NRS, where the matter is to be presented to the appellate court of competent jurisdiction pursuant to the rules fixed by the Supreme Court pursuant to Section 4 of Article 6 of the Nevada Constitution, the State Public Defender shall prepare and present the case and the public defender of the county shall assist and cooperate with the State Public Defender.

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

††††† (Added to NRS by 1971, 1411; A 1973, 358; 1975, 41; 1977, 338; 1985, 1398; 2003, 1124; 2013, 1762, effective January 1, 2015, if the provisions of Senate Joint Resolution No. 14 (2011) are approved and ratified by the voters at the 2014 General Election)

††††† 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 to the Governor and to each participating county containing a statement of:

†††††††††††† (1) The number of cases that are pending in each participating county;

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

†††††††††††† (3) The total number of criminal defendants represented in each participating county with separate categories specifying the crimes charged and whether the defendant was less than 18 years of age or an adult;

†††††††††††† (4) The total number of working hours spent by the State Public Defender and the State Public Defenderís staff on work for each participating county; and

†††††††††††† (5) The amount and categories of the expenditures made by the State Public Defenderís office.

††††† (b) To each participating county, on or before December 1 of each even-numbered year, the total proposed budget of the State Public Defender for that county, including the projected number of cases and the projected cost of services attributed to the county for the next biennium.

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

††††† 2.  As used in this section, ďparticipating countyĒ means each county in which the office of public defender has not been created pursuant 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 chapter apply only to counties in which the office of public defender has not been created pursuant to the provisions of chapter 260 of NRS.

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

††††† NRS 180.100  Other protections and sanctions not excluded.  The provisions of this chapter do not exclude any protection or sanction that the law otherwise provides.

††††† (Added to NRS by 1971, 1412)

††††† NRS 180.110  Collection of charges to counties for services.

††††† 1.  Each fiscal year the State Public Defender may collect from the counties amounts which do not exceed those authorized by the Legislature for use of the State Public Defenderís services during that year.

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

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

††††† (b) In equal quarterly installments on or before the 1st day of July, October, January and April, respectively.

  The counties shall pay their respective amounts to the State Public Defender who shall deposit the amounts with the Treasurer of the State of Nevada and shall expend the money in accordance with the State Public Defenderís approved budget.

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