Assembly Bill No. 424-Committee on Government Affairs
(On Behalf of Lander County)
April 29, 1997
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Referred to Committee on Government Affairs
SUMMARY--Authorizes smaller counties to employ private legal counsel to prosecute or defend certain civil actions. (BDR 20-555)
FISCAL NOTE: Effect on Local Government: Yes.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to counties; authorizing smaller counties to employ private legal counsel to prosecute or defend certain civil actions; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 Chapter 252 of NRS is hereby amended by adding thereto a new section to read as follows:
With respect to a civil action involving the county, the board of county commissioners in a county whose population is less than 100,000 may request the district attorney of that county to submit an opinion stating whether his office possesses the specialized knowledge necessary to defend or prosecute the civil action successfully. If the board of county commissioners is not satisfied that the office of the district attorney possesses such specialized knowledge, the board may employ private legal counsel to prosecute or defend the civil action.
Sec. 2 NRS 252.110 is hereby amended to read as follows:
252.110 [The] Except as otherwise provided in section 1 of this act, the district attorney shall:
1. Draw all indictments, when required by the grand jury.
2. Defend all suits brought against his 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 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 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 county, and perform such other legal duties as may be required of him 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 subsection 6 of 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 by law.
Sec. 3. This act becomes effective upon passage and approval.