1. In counties whose population is 100,000 or more, the boards of
county commissioners shall create by ordinance the office of public
defender.
2. Except as otherwise provided by subsection 4, in counties whose
population is less than 100,000, boards of county commissioners may in
their respective counties create by ordinance, at the beginning of a
fiscal year, the office of public defender.
3. Except as otherwise provided in subsection 4, if a board of
county commissioners intends to create the office of county public
defender, the board shall notify the State Public Defender in writing on
or before March 1 of any odd-numbered year and the office may not be
created before July 1 of the same year in which the notice was given.
4. If the county contribution approved by the Legislature exceeds
the estimate provided to the county on December 1 by more than 10 percent
for either year of the biennium, the board of county commissioners may
create the office of county public defender on July 1 of the next
even-numbered year if the board notifies the State Public Defender on or
before March 1 of the same year in which the office is to be created.
5. The office of public defender when created must be filled by
appointment by the board of county commissioners.
6. The public defender serves at the pleasure of the board of
county commissioners.
(Added to NRS by 1965, 597; A 1969, 1475, 1545; 1979, 525; 1989,
1646; 1991, 994; 1995, 499)
A county may join
with one or more other counties to establish one office of public
defender to serve those counties.
(Added to NRS by 1965, 597)
1. The public defender shall be a qualified attorney licensed to
practice in this state.
2. The public defender shall, when designated pursuant to NRS
171.188 , represent, without charge,
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)
1. The compensation of the public defender must be fixed by the
board of county commissioners. The public defender of any two or more
counties must be compensated and be permitted private civil practice of
the 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 or assistant
attorneys, clerks, investigators, stenographers and other employees as he
considers necessary to enable him to carry out his responsibilities, with
the approval of the board of county commissioners. An assistant attorney
must be a qualified attorney licensed to practice in this State and may
be placed on a part-time or full-time basis. The appointment of a deputy,
assistant attorney or other employee pursuant to this subsection must not
be construed to confer upon that deputy, assistant attorney or other
employee policymaking authority for the office of the public defender or
the county or counties by which the deputy, assistant attorney or other
employee is employed.
3. The compensation of persons appointed under subsection 2 must
be fixed by the board of county commissioners of the county or counties
so served.
4. The public defender and his deputies and assistant attorneys in
a county whose population is less than 100,000 may engage in the private
practice of law. Except as otherwise provided in this subsection, in any
other county, the public defender and his deputies and assistant
attorneys shall not engage in the private practice of law except as
otherwise provided in NRS 7.065 . An
attorney appointed to defend a person for a limited duration with limited
jurisdiction may engage in private practice which does not present a
conflict with his appointment.
5. The board of county commissioners shall provide office space,
furniture, equipment and supplies for the use of the public defender
suitable for the conduct of the business of his office. However, the
board of county commissioners may provide for an allowance in place of
facilities. Each of those items is a charge against the county in which
public defender services are rendered. If the public defender serves more
than one county, expenses that are properly allocable to the business of
more than one of 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 )
1. The public defender may, before being designated as counsel for
that person pursuant to NRS 171.188 ,
interview an indigent person when he has been arrested and confined for a
public offense or for questioning on suspicion of having committed a
public offense.
2. The public defender shall, when designated pursuant to NRS
62D.030 , 171.188 or 432B.420 , and within the limits of available money, represent without
charge each indigent person for whom he is appointed.
3. When representing an indigent person, the public defender shall:
(a) Counsel and defend him at every stage of the proceedings,
including revocation of probation or parole; and
(b) Prosecute, subject to the provisions of subsection 4 of NRS
180.060 , any appeals or other remedies
before or after conviction that he considers to be in the interests of
justice.
(Added to NRS by 1965, 598; A 1967, 1471; 1969, 479; 1971, 1412;
1973, 358; 1975, 42; 1977, 339; 1985, 1400; 2003, 1130 )
For cause, the magistrate or district
court may, on its own motion or upon motion of the public defender or the
indigent person, appoint and 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 the proceedings or on appeal in
accordance with the laws of this state pertaining to the appointment of
counsel to represent indigent criminal defendants.
(Added to NRS by 1965, 598; A 1969, 479)
Any county in which the office of public defender has been
created may contract for the services of the State Public Defender in
providing 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 1977, 338)
The public defender shall make an
annual report to the board of county commissioners covering all cases
handled by his office during the preceding year.
(Added to NRS by 1965, 598)
The public
defender shall submit such reports to the Legislative Commission as the
regulations of the Commission require.
(Added to NRS by 1977, 331)
Nothing in this chapter
shall be construed to interfere in any way with the manner in which the
several counties and district courts deal with indigent defendants, if
the provisions of this chapter are not applicable.
(Added to NRS by 1965, 598)
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