USA Statutes : nevada
Title : Title 19 - MISCELLANEOUS MATTERS RELATED TO GOVERNMENT AND PUBLIC AFFAIRS
Chapter : CHAPTER 241A - ADVISORY COUNCIL FOR PROSECUTING ATTORNEYS
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)
“Council” means the Advisory
Council for Prosecuting Attorneys.
(Added to NRS by 1997, 3246)
“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)
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.
Ê 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 Chairman and Vice
Chairman by a majority vote. After the initial election, the Chairman and
Vice Chairman shall hold office for a term of 1 year beginning on July 1
of each year. If a vacancy occurs in the chairmanship, the members of the
Council shall elect a Chairman 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 him for appointment to the Council. A member of
the Council who vacates his public office continues to serve on the
Council until his 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 duties without loss
of his regular compensation so that he 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 he is absent from work to
carry out his 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)
1. The members of the Council shall meet at least quarterly and at
the times and places specified by a call of the Chairman 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 him at a meeting
of the Council. A representative designated pursuant to this subsection
who attends the meeting of the Council for which he 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 committee at the meeting.
3. The Attorney General may designate a representative to serve in
his place on the Council or to attend a meeting of the Council in his
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,
Ê because of his membership on the Council.
(Added to NRS by 1997, 3247)
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 professional ability and experience in conducting or
supervising criminal and civil prosecutions in this state; and
(2) His 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 him 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)
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)
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)
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)
